Rabbis and Jewish Communities in Renaissance Italy [1 ed.] 9781909821255, 9780197100646

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RABBIS

AND

JEWISH

COMMUNITIES

RENAISSANCE

ITALY

IN

T H E L I T T M A N LIBRARY

OF

JEWISH CIVILIZATION M A N A G I N G EDITOR Connie

Webber

Dedicated to the memory of L o u i s THOMAS SIDNEY

LITTMAN

who founded the Littman Library for the love of God and as an act of charity in memory of his father JOSEPH A A R O N

'Get wisdom get y

LITTMAN

understanding:

Forsake her not and she shall preserve thee' PROV.

4:5

The Littman Library of Jewish Civilization is a registered UK charity Registered charity no. 1000784

Rabbis and Jewish Communities in Renaissance Italy •

ROBERT

BONFIL

Translated by JONATHAN

CHIPMAN

Oxford • Portland, Oregon T h e L i t t m a n L i b r a r y of Jewish Civilization

The Littman

Library of Jewish

Chief Executive

Officer: Ludo

Civilization Craddock

PO Box 645; Oxford 0x2 ouj, U K Published in the United States and Canada by The Littman c/o ISBS, Portland,

Library of Jewish Q20 N.E.

Oregon

Civilization

58th Avenue, Suite

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g^2ij-jy86

First published iggo by Oxford University Press on behalf of the Littman Library of Jewish Civilization First issued in paperback iggj Reprinted 2004 First digital on-demand edition 2004 © English edition copyrighted by the Trustees of the Second J . A. Littman Foundation iggo, igg3, 2004 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of The Littman Library of Jewish Civilization This book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without the publisher's prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser A catalogue record for this book is available from the British Library The Library of Congress catalogued the first edition as follows: Bonfil, Roberto [Rabanut be-Italyah bi-tekufat ha-Renesans, English] Rabbis and Jewish communities in Renaissance Italy / Robert Bonfil; translated by Jonathan Chipman (The Littman library of Jewish civilization) Translation of: Rabanut be-Italyah bi-tekufat ha-Renesans. Bibliography p. Includes index. 1. Rabbis—Italy—Office. 2. Judaism—Italy—History—16th century. I . Title. I I . Series: Littman library of Jewish civilization (Oxford University Press) BM322.B6613 ISBN

ig8g

2g6.6'i'og4S—dcig

8g—3171

CIP

1-874774-1 -X 7

Printed in Great Britain on acid-free paper by Lightning Source UK, Milton Keynes This book has been printed digitally and produced in a standard specification in order to ensure its continuing availability.

Preface and

Acknowledgements

T h e w o r k offered here t o the reader examines the h i s t o r y o f a specific i n s t i t u t i o n a m o n g the Jews i n I t a l y i n a p e r i o d t o w h i c h m a n y scholars have devoted t h e i r a t t e n t i o n . I n a sense, one m i g h t even say t h a t t h i s i n s t i t u t i o n ' s h i s t o r y f a i t h f u l l y reflects the e n t i r e h i s t o r y o f those Jews, t o u c h i n g as i t does u p o n m a n y aspects o f J e w i s h society's r e l a t i o n t o those i n d i v i d u a l s a n d i n s t i t u t i o n s w h i c h , i n its eyes, represented the n o r m a t i v e f r a m e w o r k o f t h e i r u n i q u e collective life. I refer t o t h e r a b b i s , a n d t o the f r a m e w o r k s t h r o u g h w h i c h t h e y p a r t i c i p a t e d i n the l i f e o f society, c o n s t i t u t i n g an i n t e g r a l p a r t o f i t a n d serving at times as its leadership. T h e p e r i o d u n d e r discussion has o f t e n enjoyed a p r e - e m i n e n t place i n the interest o f those s t u d y i n g t h e h i s t o r y o f the J e w i s h people, w h e t h e r due t o the extensive d o c u m e n t a t i o n w h i c h has s u r v i v e d f r o m i t , t h e i n t e l l e c t u a l a n d e m o t i o n a l associations aroused b y the p a r a d i g m a t i c i m p a c t o f m a n y aspects o f J e w i s h life i n those t i m e s , or s i m p l y due t o the i n h e r e n t interest i n the s i t u a t i o n a n d role o f the Jews i n developments o f special significance for w o r l d h i s t o r y , as the I t a l i a n Renaissance was. T h i s w o r k therefore f o l l o w s a l o n g l i n e o f predecessors. I m u s t i m m e d i a t e l y a d d t h a t the use o f the t e r m 'Renaissance' i n the t i t l e o f the book m a y be m i s l e a d i n g . T h e m a n n e r i n w h i c h the p a r t i c i p a t i o n o f the Jews i n the Renaissance is t r a d i t i o n a l l y presented m a y arouse expectations w h i c h w i l l n o t be f u l l y satisfied. A t least one reason for t h i s is t h a t the h i s t o r y o f the w r i t i n g o f the b o o k i t s e l f h a d an i n e v i t a b l e influence o n its contents. I t m a y therefore be useful t o e x p l a i n i n w h a t sense t h i s was the case. I n fact, the m a i n p a r t o f this book consists o f a d o c t o r a l dissertation w r i t t e n for the D e p a r t m e n t o f J e w i s h H i s t o r y o f the H e b r e w U n i v e r s i t y i n 1976. I t was o r i g i n a l l y conceived as a c o m p l e m e n t t o the general surveys o f t h e h i s t o r y o f the Jews i n I t a l y , o f f e r i n g a m o r e t h o r o u g h u n d e r s t a n d i n g o f one o f its i n s t i t u t i o n a l aspects w h i c h was o f p a r a m o u n t i m p o r t a n c e i n the l i f e o f J e w i s h c o m m u n i t i e s . B u t , as research progressed, I soon realized t h a t t h e t r a d i t i o n a l p i c t u r e was largely unacceptable t o m e . I t seemed p a r t i c u l a r l y necessary t o reject t h e image o f an I t a l i a n J u d a i s m

vi

Preface

and

Acknowledgements

m o v i n g d i r e c t l y towards a s s i m i l a t i o n , i n w h i c h a s s i m i l a t i o n i t s e l f was v i e w e d i n positive t e r m s as the consequence o f an ideal w o r l d o f the Renaissance l e a d i n g t o a c c u l t u r a t i o n . N o r d i d I feel t h a t I c o u l d accept the image o f I t a l i a n rabbis as opponents o f secular c u l t u r e , a n d t h u s as spearheading the f u n d a m e n t a l i s t , obscurantist, a n t i - r a t i o n a l a n d conservative t r e n d i n J e w i s h life. I n d e e d , I f o u n d n o evidence i n the sources o f tension between rabbis a n d other c o m p o n e n t s o f the c o m m u n i t y o n these g r o u n d s . T h e m o r e I s t u d i e d the sources, the m o r e I recognized the need for reappraising the t r a d i t i o n a l p i c t u r e as a w h o l e . I t was too great a task t o approach a l l at once. I therefore chose to w r i t e the h i s t o r y o f the i n s t i t u t i o n o f the r a b b i n a t e as an i n i t i a l step t o w a r d s the m o r e general enterprise, w h i l e f o l l o w i n g p r e l i m i n a r y assumptions d i f f e r i n g i n p a r t f r o m those generally accepted a n d u n d e r s t a n d i n g t h a t the onus o f p r o o f was o b v i o u s l y s t i l l o n m e . I t h o u g h t , a n d I s t i l l t h i n k , t h a t r a t h e r t h a n p o s t p o n i n g the e n t i r e project i n d e f i n i t e l y , i t was w o r t h w h i l e to b r i n g the results o f m y research t o l i g h t i n o r d e r t o encourage others t o j o i n i n the overall r e v i s i o n . A p r i c e was t o be p a i d f o r t h a t decision. M a n y aspects t h a t w o u l d n a t u r a l l y be dealt w i t h i n a general s t u d y were here o m i t t e d or even taken f o r g r a n t e d , t o a degree sometimes b e y o n d t h a t generally accepted. F o r example, w h i l e I d i d n o t accept the idea t h a t the a c q u i s i t i o n o f general (i.e. n o t specifically J e w i s h ) l e a r n i n g was a s y m p t o m o f trends t o w a r d s a c c u l t u r a t i o n , I d i d n o t take pains t o p r o v e t h i s . A s a consequence o f the fact t h a t the b o o k was o r i g i n a l l y conceived as a w o r k o n an internal J e w i s h i n s t i t u t i o n , the history of the Jews t h a t emerged i n e v i t a b l y conveyed a sense o f c u l t u r a l isolation far greater t h a n I w o u l d m y s e l f be p r e p a r e d t o m a i n t a i n . I decided t o accept t h a t l i m i t a t i o n . S h o r t l y after the dissertation was a p p r o v e d b y the Senate o f the H e b r e w U n i v e r s i t y , i t was s u b m i t t e d for p u b l i c a t i o n i n H e b r e w w i t h o u t substantial changes. T h a t e d i t i o n , e n t i t l e d ha-Rabbanut be-Italyah be-tekufat ha-Renessans, was p u b l i s h e d i n 1979 b y M a g n e s Press, Jerusalem; t h u s , the a r g u m e n t s here presented are nearly t w e l v e years o l d . I n c o n s i d e r i n g t h e p o s s i b i l i t y o f p r e p a r i n g an E n g l i s h e d i t i o n , the w e i g h t y p r o b l e m o f u p d a t i n g o b v i o u s l y arose. T o be sure, i n the m e a n t i m e m a n y n e w books a n d articles dealing w i t h the h i s t o r y o f the Jews i n I t a l y h a d been p u b l i s h e d . I m y s e l f offered several f u r t h e r c o n t r i b u t i o n s to

Preface

and

Acknowledgements

vii

the reappraisal o f t h i s chapter o f J e w i s h h i s t o r y . A s far as m y ideas are concerned, the interested reader w i l l find t h e m expressed i n m y m o r e recent articles l i s t e d i n the B i b l i o g r a p h y . A

n e w choice

imposed

itself: either r e l i n q u i s h the idea

of

h a v i n g the b o o k translated as i t is w h i l e a t t e m p t i n g t o prepare a m o r e c o m p r e h e n s i v e general p i c t u r e , or take the r i s k o f m a k i n g i t available

t o the E n g l i s h reader,

n o t w i t h s t a n d i n g its s h o r t -

c o m i n g s . M y decision is e v i d e n t . I hope t h a t the efforts expended o n t h e t r a n s l a t i o n a n d p u b l i c a t i o n w i l l be v i n d i c a t e d . I n fact, as far

as

I

can

see,

none

o f the

subsequent t o t h e H e b r e w

which

appeared

e d i t i o n o f t h e b o o k has

publications

seriously

challenged the conclusions reached here. O n the c o n t r a r y , m o s t o f the d o c u m e n t a r y evidence b r o u g h t t o l i g h t i n these p u b l i c a t i o n s p r o v i d e s a clear-cut c o n f i r m a t i o n o f m y conclusions. I n fact, m o s t o f these p u b l i c a t i o n s , i m p o r t a n t as t h e y m a y be, are based u p o n a r c h i v a l d o c u m e n t s ( c o m i n g f r o m State or M u n i c i p a l A r c h i v e s ) , so t h a t t h e y relate o n l y m a r g i n a l l y t o t h e contents o f t h i s book. T h e interested reader w i l l find m o s t o f these listed i n the excellent b i b l i o g r a p h i c a l t o o l offered b y A l d o L u z z a t t o a n d M o s h e M o l d a v i , Bibliotheca Italia,

italo-ebraica:

ig64~igjj

bibliografia

per

la storia

degli ebrei

in

( R o m e a n d T e l - A v i v , 1982).

Needless t o say, I d i d n o t feel i t necessary t o m e n t i o n books or articles whose authors h a d h a d the o p p o r t u n i t y t o read the H e b r e w e d i t i o n o f the book a n d nevertheless h a d chosen t o i g n o r e its conclusions. A f t e r a l l , everyone, m y s e l f i n c l u d e d , is biased i n his o w n w a y as to w h a t he m a y consider c o n v i n c i n g . T h i s b o o k is t h u s essentially an u n r e v i s e d version o f P a r t O n e o f the o r i g i n a l H e b r e w e d i t i o n . P a r t T w o o f t h a t e d i t i o n , the appendices c o n s i s t i n g o f pieces justificatives, mostly i n Hebrew, appeared i m p o s s i b l e t o translate i n a m a n n e r t h a t t h e E n g l i s h reader m i g h t find useful, w h i l e t h e reader f a m i l i a r w i t h H e b r e w c o u l d o b v i o u s l y be r e f e r r e d to the o r i g i n a l . Nevertheless, the w o r k presented here is n o t m e r e l y a p a r t i a l t r a n s l a t i o n o f the H e b r e w e d i t i o n . T h e translator has taken considerable pains t o insert, at a p p r o p r i a t e p o i n t s w i t h i n the t e x t , substantial excerpts f r o m the appendices, i n o r d e r t o make available t o the reader a l l the evidence necessary t o s u p p o r t the a r g u m e n t s presented. I n a sense, t h e n , a l t h o u g h n o n e w m a t e r i a l has been a d d e d , he has created a revised e d i t i o n o f the o r i g i n a l . Needless t o say, I also

viii

Preface

and

Acknowledgements

have t r i e d t o e l i m i n a t e the errors p o i n t e d o u t t o m e b y those o f m y friends w h o were k i n d e n o u g h to d o so. A p a r t f r o m t h a t , n o u p d a t i n g has been c a r r i e d o u t . O n e notable exception t o the general statement m a d e above r e g a r d i n g post-1979 p u b l i c a t i o n s pertains t o the very i m p o r t a n t editions o f R a b b i n i c responsa a n d correspondence o f Renaissance I t a l i a n J e w r y b y Jacob B o k s e n b o i m . T h o s e relevant t o t h e present w o r k are d u l y listed i n the B i b l i o g r a p h y . O n one occasion I have also i n t r o d u c e d a change i n the o r i g i n a l w o r d i n g o f m y following

a suggestion

of M r

Boksenboim.

Although,

text while

w o r k i n g o n the H e b r e w e d i t i o n o f t h i s book, I h a d consulted a good deal o f the m a t e r i a l gathered b y h i m , its extensive p u b l i c a t i o n thereafter m a d e i t possible c o n v e n i e n t l y t o check omissions

or

errors r e s u l t i n g f r o m m y earlier c o n s u l t a t i o n o f the m a n u s c r i p t sources. T h e translator has taken special efforts t o u p d a t e

the

relevant footnotes i n order t o make reference to the sources easier. S u c h an u p d a t i n g was also c a r r i e d o u t i n certain other cases, i n which

the

reader is r e f e r r e d

to new

or revised

various w o r k s , d o c t o r a l dissertations subsequently

editions

of

published i n

m o n o g r a p h f o r m , etc., w h i c h are m o r e c o n v e n i e n t t o c o n s u l t t h a n those w h i c h existed at the t i m e o f p u b l i c a t i o n o f the

Hebrew

book. V a r i o u s w o r k s w r i t t e n i n H e b r e w are also generally referred t o here i n t h e i r E n g l i s h translations, where such exist. I n p r e s e n t i n g the book t o the E n g l i s h reader, I w i s h t o reiterate m y heartfelt thanks to those w h o helped a n d advised m e d u r i n g its w r i t i n g . F i r s t a n d foremost to m y m e n t o r s , Professor H a y y i m H i l l e l Ben-Sasson, o f blessed m e m o r y a n d — m a y he enjoy l o n g l i f e — P r o f e s s o r G i u s e p p e B . Sermoneta. T h e n t o a l l m y friends a n d colleagues w i t h w h o m I discussed the book a n d whose c o m m e n t s assisted me. I also w i s h t o express m y thanks to the various libraries a n d i n s t i t u t i o n s w h i c h p e r m i t t e d m e t o make use o f the d o c u m e n t s a n d m a n u s c r i p t s i n t h e i r collections. T h e s e are a l l d u l y m e n t i o n e d i n the B i b l i o g r a p h y appended t o the book. I a m p a r t i c u l a r l y i n d e b t e d t o m y f r i e n d s i n the M a n u s c r i p t D e p a r t m e n t a n d i n the I n s t i t u t e for M i c r o f i l m s o f H e b r e w M a n u s c r i p t s o f the J e w i s h N a t i o n a l a n d U n i v e r s i t y L i b r a r y i n Jerusalem f o r t h e i r coo p e r a t i o n i n m a k i n g m a n y sources available t o me. I owe a special d e b t o f g r a t i t u d e t o M a g n e s Press, w h i c h

Preface released its c o p y r i g h t

and

ix

Acknowledgements

privileges,

thereby

m a k i n g the

present

e d i t i o n possible. A n o lesser d e b t is o w e d t o the L i t t m a n L i b r a r y o f J e w i s h C i v i l i z a t i o n for t h e i r w a r m assistance i n a l l phases o f preparation o f this edition, and particularly to M r V i v i a n L i p m a n , o n whose i n i t i a t i v e the project was l a u n c h e d a n d w h o was its m a i n sponsor a n d advocate t h r o u g h o u t . I also w i s h t o express m y f r i e n d l y thanks t o R a b b i J o n a t h a n C h i p m a n , w h o t o o k great pains i n e x e c u t i n g the t r a n s l a t i o n a n d e d i t i n g o f the w o r k . M y good f r i e n d s E l l i o t H o r o w i t z a n d M i r i a m B o d i a n devoted m u c h t i m e to r e a d i n g the E n g l i s h m a n u s c r i p t , suggesting b o t h substantive

a n d stylistic i m p r o v e m e n t s .

Enid

B a r k e r a n d Sylvia Jaffrey o f the e d i t o r i a l staff o f O x f o r d U n i v e r s i t y Press deserve a special thanks f o r the p a i n s t a k i n g a n d t h o r o u g h m a n n e r i n w h i c h t h e y p r e p a r e d the m a n u s c r i p t f o r p u b l i c a t i o n . F i n a l l y , I w i s h t o reiterate here m y thanks t o a l l the m e m b e r s of my

beloved

family

who

patiently

supported

my

solitary

peregrinations i n the r e m o t e reaches o f the h i s t o r y o f o u r people. I feel p a r t i c u l a r y i n d e b t e d t o m y dear w i f e E v a , at whose i n i t i a l suggestion a n d encouragement I t u r n e d t o w a r d s academic l i f e d u r i n g the first d i f f i c u l t p e r i o d i n w h i c h we were f i n d i n g o u r way to o u r H o m e l a n d . I f this w o r k c o n t r i b u t e s t o the h i s t o r y o f o u r people, t h e n let i t be s a i d — h e r p a r t is i n c l u d e d i n m i n e . Robert Bonfil

Contents L i s t o f Plates Introduction 1. T h e S o c i o - c u l t u r a l B a c k g r o u n d t o t h e Emergence o f the R a b b i s 1. T h e Yeshivah 2. T h e Emergence of the Rabbi 2. T h e Social M e a n i n g o f R a b b i n i c O r d i n a t i o n

xiii i

14 17 28 35

1. T h e Status o f the Ordained Rabbi

35

2. T h e Demand for Status

44

3. Jewish Society and the Rabbinate: Suspicions, Reservations, and Regulations

52

4. A u t h o r i t y and Privileges

65

5. Ordination and the Doctorate

82

6. T h e Decline i n the Prestige o f Ordination

87

3. T h e C o m m u n i t y - A p p o i n t e d R a b b i 1. When and H o w was the Office Created? 2. T h e Office o f Appointed Rabbi w i t h i n the Structure of the Communal Organization 3. Communal Ordinances and the Promulgation of Bans 4. Local Conditions 5. R. Moses Basola's Critique 6. T h e Sephardic M o d e l of 'Torah Teacher' 7. Different Approaches among Ashkenazim and Sephardim 8. Special Tasks 9. T h e Salaries o f Community-Appointed Rabbis 10. Etiquette and Prerogatives 11. T h e Absence i n Large Communities of the Office of Appointed Rabbi 12. T h e Community o f Rome 13. Conclusions

100 100 102 111 116 140 143 150 155 157 168 171 177 186

xii

Contents

4. O u t s i d e Sources o f R a b b i n i c I n c o m e

187

1. ' W i t h his soul he earns his bread' 2. What were Itinerant Rabbis?

187 192

5. T h e J u d i c i a l F u n c t i o n o f t h e R a b b i s 1. Christian Opposition to the Establishment of an Autonomous Jewish Juridical System 2. Means of Establishing a Jewish Judicial System on the Basis of Arbitration 3. Strengthening the System o f Arbitration 4. Communal Ordinances 5. T h e Establishment o f the Rabbinic Court i n Ferrara 6. Arbitration as the Basis for Jewish L a w i n Italy 7. 'The L a w o f the L a n d is L a w ' 8. Some Reflections on the Responsa o f Italian Rabbis during the Renaissance 6. T h e C u l t u r a l W o r l d o f the R a b b i s 1. T o r a h and 'Wisdom'

207

207 212 220 230 235 239 246 251 270 270

2. T h e Libraries o f the Jews

272

3. Philosophy and Kabbalah

280

4. Sermon and Midrash

298

5. Theory and Practice

316

Appendices

324

Bibliographical Abbreviations

341

Selected B i b l i o g r a p h y

342

Index

357

List of Plates Plates appear between pages 178 and 179 1. Jew studying 2. Magisterial lecturer 3. 'O how love I thy law! I t is my meditation all the day' (Ps. 119: 97) 4. Jewish marriage 5. Rabbi teaching 6. A Jewish tribunal 7. Marriage contract (ketubbah), Padua 1561 8. T h e world o f study 9. A Jewish author

Introduction T h e i n s t i t u t i o n o f t h e r a b b i n a t e is o f i m p o r t a n c e b o t h i n its o w n r i g h t a n d i n r e l a t i o n to the i n s t i t u t i o n s i n a n d alongside w h i c h i t stands a n d acts: t h e yeshivah a n d the c o m m u n i t y . I t is therefore a p p r o p r i a t e t h a t m y discussion o f t h i s i n s t i t u t i o n be preceded b y a few w o r d s c o n c e r n i n g these o t h e r t w o i n s t i t u t i o n s , even i f o n l y i n v e r y general t e r m s . M u c h o f w h a t I w i l l say b e l o w c o n c e r n i n g the J e w i s h c o m m u n i t y a n d t h e academies o f T o r a h s t u d y i n I t a l y applies

to m o s t J e w i s h c o m m u n i t i e s i n o t h e r places as

well;

nevertheless, even t h e p o i n t s o f s i m i l a r i t y take o n d i f f e r e n t nuances as a r e s u l t o f t h e i r i n c l u s i o n i n t h e u n i q u e J e w i s h m i l i e u o f t h e A p e n n i n e Peninsula d u r i n g t h e f i f t e e n t h a n d s i x t e e n t h centuries. T h r o u g h o u t t h e p e r i o d u n d e r discussion, t h e J e w i s h c o m m u n i t y i n I t a l y was a r e l i g i o u s - n a t i o n a l - s o c i a l g r o u p organized i n ways s i m i l a r i n m a n y respects t o those o f t h e c o r p o r a t i o n . I n t h i s sense, i t was

one

more link

i n t h e c h a i n o f manifestations

o f the

national-social consciousness o f t h e Jews i n the M i d d l e A g e s .

1

J u s t as t h e various parts o f any l i v i n g o r g a n i s m are i n t e r d e p e n d e n t i n o r d e r to f u l f i l the various tasks necessary f o r l i f e , so were t h e various

functions o f the institutionalized organization o f the

m e d i e v a l J e w i s h c o m m u n i t y i n I t a l y , as elsewhere, created t o f u l f i l f u n c t i o n s connected w i t h t h e v e r y existence o f t h e c o m m u n i t y , its i n t e g r i t y a n d uniqueness as a l i v i n g b o d y . T h e s e f u n c t i o n s O n this subject as a whole, i t is sufficient to refer to Salo W . B a r o n , The Jewish Community, 3 vols. (Philadelphia, 1942), and the extensive literature cited t h e r e i n . F r o m the literature that appeared f o l l o w i n g the p u b l i c a t i o n o f that w o r k , we may add: Y . Baer, ' T h e O r i g i n s and F o u n d a t i o n s o f Jewish C o m m u n a l O r g a n i z a t i o n i n the M i d d l e Ages' ( H e b . ) , Zion, 15 (1950), 1-51; H . H . Ben-Sasson, ' T h e Place o f the C o m m u n i t y - C i t y i n Jewish H i s t o r y ' ( H e b . ) , i n Kovez Harza'ot she-hushme'u be-Kenes ha-Shneim 'Asar le-Iyun be-Historiah, and ' T h e N o r t h e r n European Jewish C o m m u n i t y ' , JWH, 11 (1968), 208¬ 19. See the a d d i t i o n a l essays gathered i n the v o l u m e , ha-Kehilah ha-Yehudit be-yemei ha-Beinayim, ed. H . H . Ben-Sasson (Jerusalem, 1976). O n the Jewish c o m m u n i t y i n I t a l y 1

d u r i n g the p e r i o d u n d e r discussion, see: S. S i m o n s o h n , ' T h e Jewish C o m m u n i t y i n I t a l y and the C h r i s t i a n C o r p o r a t i o n ' ( H e b . ) , i n Dat ve-Hevrah be-Toldot Yisra'el uve-Toldot ha-Amim, i.e. lectures given at the 9 t h Conference o f the H i s t o r i c a l Society (Jerusalem, 1968), 81-102; i d e m , ' T h e O r g a n i z a t i o n o f A u t o n o m o u s Jewish R u l e i n M a n t u a , 1511¬ 1630' ( H e b . ) , Zion, 21 (1956), 143-82; i d e m , History of the Jews in the Duchy of Mantua (Jerusalem, 1972), 318-24; and see the general surveys i n M . A . Shulvass, The Jews in the World of the Renaissance ( L e i d e n and Chicago, 1973), 44-113; A . M i l a n o , Storia degli ebrei in Italia ( T u r i n , 1963), 459-68.

Introduction

2

were defined b y the Jews o f V e r o n a i n a s t r a i g h t f o r w a r d way at the b e g i n n i n g o f t h e i r c o m m u n a l ledger for the year 1539: take care for a n d t o deal w i t h a n d t o be i n v o l v e d i n trouble—may it not come—and

'to

every

o t h e r interest a n d i n v o l v e m e n t

o f the c o m m u n i t y — m a y the R o c k g u a r d a n d keep t h e m — a n d i f there occur any business p r o b l e m or c o n f u s i o n t o the i n d i v i d u a l . . .'

2

T h a t is t o say: its purpose was t o be concerned w i t h the

existence o f the J e w i s h c o m m u n i t y i n the c i t y generally, as w e l l as o f every i n d i v i d u a l t h e r e i n , t o stand g u a r d against

external

dangers, as w e l l as t o show c o n c e r n for t h e p r o p e r a c t i v i t y o f the p u b l i c i n e v e r y t h i n g p e r t a i n i n g t o the s u r v i v a l o f the l i v i n g J e w i s h body politic. O r g a n i z e d c o m m u n i t i e s h a d existed i n s o u t h e r n I t a l y a n d i n S i c i l y f o r years p r i o r t o the p e r i o d u n d e r discussion, a n d d u r i n g the f o u r t e e n t h a n d f i f t e e n t h centuries c o m m u n i t i e s were created i n n o r t h c e n t r a l I t a l y b y settlers f r o m various places: f r o m the region o f Rome and south o f i t , f r o m Spain, f r o m France, and f r o m G e r m a n y . T h e first h a l f o f the s i x t e e n t h c e n t u r y was clearly the p e r i o d d u r i n g w h i c h m o s t o f the J e w i s h c o m m u n i t i e s i n the cities o f n o r t h c e n t r a l I t a l y t o o k shape. T h i s stage f o l l o w e d o n one d u r i n g w h i c h J e w i s h settlements i n these cities were m o s t l y b u i l t u p o n isolated families o f bankers, w h o settled there after the a u t h o r i t i e s g r a n t e d t h e m the privileges k n o w n b y t h e general name o f c o n d o t t a . W e do n o t k n o w at present w h i c h models were available t o the m e m b e r s o f the various settlements at the t i m e o f t h e i r o r g a n i z a t i o n . A l m o s t a l l t h a t we k n o w a b o u t the o r g a n i z a t i o n o f these c o m m u n i t i e s i n s o u t h e r n I t a l y a n d i n S i c i l y comes f r o m n o n - J e w i s h sources, w h i c h are obscure r a t h e r t h a n c l e a r .

3

W e do

n o t even k n o w the role played b y earlier t r a d i t i o n s , o r i g i n a t i n g i n the c o m m u n i t i e s o f s o u t h e r n I t a l y ,

4

u p o n the o r g a n i z a t i o n o f

See I . Sonne, 'Basic Premisses for the H i s t o r y o f the Jews i n Verona' ( H e b . ) , Kobez 'al Yad, 3/13 (Jerusalem, 1939-40), 151. See p a r t i c u l a r l y the f o l l o w i n g : B. and G . L a g u m i n a , Codice diplomatic0 dei giudei di Sicilia Part 1, 3 vols. (Palermo, 1884-95); G . d i G i o v a n n i , Vebraismo della Sicilia (Palermo, 1748); N . F e r o r e l l i , Gli ebrei nelPItalia meriodionale daWEta Romana al secolo XVIII ( T u r i n , 1915; repr. Bologna, 1966); M . Gaudioso, La comunita ebraica di Catania net secoli XIV e XV (Catania, 1974); R. Straus, Die Jfuden im Konigreich Sizilien unter Normannen und Staufern ( H e i d e l b e r g , 1910); E. M u n k a c s i , Derjude von Neapel; Denkmaler des suditalienischen Jfudentums ( Z u r i c h , 1939). See also S. S i m o n s o h n , ' T h e Jews o f Syracuse and their Cemetery' ( H e b . ) , Sefunot, 8 (1964), 277-80. 2

3

One m u s t n o t forget that thousands o f Jews left Sicily i n the wake o f the edicts o f the kings o f Spain, and a few o f t h e m were added to the populations o f the Jewish centres o f n o r t h central I t a l y . See A . M i l a n o , ' L a consistenza numerica degli ebrei d i Sicilia al 4

Introduction the settlements

3

i n n o r t h central I t a l y , i n c o m p a r i s o n w i t h t h e

influence o f models b r o u g h t w i t h t h e m b y the i m m i g r a n t s f r o m France,

Germany,

traditions

and

a n d later o n f r o m

influences

were

Spain,

integrated

nor how

into

a

these

conceptual

s t r u c t u r e w h i c h served as a basis f o r o r g a n i z i n g society i n t h e C h r i s t i a n w o r l d w i t h i n w h i c h the Jews l i v e d . B u t t h i s m u c h is k n o w n f o r c e r t a i n : t h a t wherever c o m m u n i t i e s were set u p , one can clearly d i s t i n g u i s h the i m p r e s s i o n left b y the various

groups

b y w h o m t h e y were f o u n d e d . T h e r e are cases, for example, i n w h i c h t h e c o m m u n i t y was defined as a sort o f c o r p o r a t i o n , as i n Padua and M a n t u a , 5

6

w h i l e i n others emphasis was placed u p o n

the differences

a m o n g the various groups; such was the case i n

Rome,

seems

which

to

have

preserved

at

the

time

of

its

r e o r g a n i z a t i o n i n 1525 the s t r u c t u r a l - s o c i a l i m p r i n t o f t h e c o m munities o f southern I t a l y .

7

Everywhere,

each g r o u p

struggled

for t h e p r o t e c t i o n o f its o w n interests, its defence, a n d its social stature w i t h i n t h e c o m m u n i t y .

8

O n e need n o t a d d t h a t , b e y o n d

t h e variations f o r m e d b y these groups w i t h i n J e w i s h society, there were other variations created b y e t h n i c differences, so t h a t i n one c o m m u n i t y one m i g h t find a n u m b e r o f different an I t a l i a n congregation,

congregations—

an A s h k e n a z i c one, O r i e n t a l (i.e.

Le-

v a n t i n e ) , a n d O c c i d e n t a l ( P o n e n t i n e , i.e. Portuguese) ones, e t c .

9

T h u s , as R. L e o n e M o d e n a once p u t i t , ' t h e large c o m m u n i t y was c o m p o s e d o f several " c o n g r e g a t i o n s "

\

m o m e n t o della loro cacciata', RMI, 20 (1954), 16-24 ( l S i m o n s o h n , ' T h e Jews o f Syracuse', 276 n . 8. a

5

6

s o

1 0

m

jf^S,

15 (1953), 25-32);

See D . C a r p i (ed.), Pinkas Padua (Jerusalem, 1974) 14 ff. See S i m o n s o h n , ' T h e Jewish C o m m u n i t y ' , 'Organization o f Jewish R u l e ' , and

Mantua.

See A . M i l a n o , ' I " C a p i t o l i " d i D a n i e l da Pisa e la c o m u n i t a d i R o m a ' , RMI, 10 (1935-6), 324-38, 4 0 9 - 2 6 . T o m y m i n d , the parallel (albeit n o t i d e n t i t y ) between the three groups w h i c h chose the leadership o f the c o m m u n i t y (namely: bankers, wealthy people, middle-class) and the m e t h o d b y w h i c h the twelve proti i n Palermo were chosen d u r i n g the early years—'quatuor . . . de statu m a i o r i , quatuor de statu m e d i o c r i et alios quatuor de statu m i n o r i ' ( L a g u m i n a , Codice diplomatico, 1 8 3 - 4 ) — i s significant and deserving o f study i n its o w n r i g h t . One ought to compare this w i t h popolo potente, popolo grasso, popolo minuto. 7

A struggle o f this sort is portrayed i n detail and w i t h abundant d o c u m e n t a t i o n b y S i m o n s o h n , Mantua, 505 ff. U n f o r t u n a t e l y , archival material such as that w h i c h was available to Simonsohn i n M a n t u a has n o t been preserved for the other c o m m u n i t i e s . T h i s being the case, one m u s t exercise caution i n seeing the situation i n M a n t u a as t y p i c a l o f that w h i c h prevailed eisewhere. See also M . A . Shulvass, ' O n the H i s t o r y o f the C o m m u n i t y o f Reggio' ( H e b . ) , Sinai, 20 (1947), 198-205, and Renaissance, 4 9 - 5 1 . See i b i d . 56-60. L e o n e M o d e n a , Teshuvot Ziknei Yehudah, ed. Simonsohn (Jerusalem, 1955), sect. 26, p . 43. 8

9

1 0

Introduction

4

O n e thus f o u n d w e l l - d e f i n e d s u b - g r o u p s w i t h i n the c o m m u n ities, each w i t h

their own

unique

t r a d i t i o n s , structures,

and

d e m a n d s , for w h i c h they struggled w i t h the other elements o f the c o m m u n i t y . T h i s s i t u a t i o n w o u l d seem t o j u s t i f y the statement t h a t the J e w i s h c o m m u n i t y i n I t a l y was m o r e like a c i t y t h a n a c o r p o r a t i o n . I t c o n s t i t u t e d , so to speak, a k i n d o f c i t y w i t h i n a city.

1 1

Obviously,

one is n o t t o u n d e r s t a n d

b y this t h a t

enjoyed actual a u t o n o m y i n t e r m s o f g o v e r n m e n t

they

and juridical

arrangements, b u t t h a t there was always present an aspiration for such a u t o n o m y , even t h o u g h t h i s was n o t always f u l l y attained everywhere.

12

I n fact, i t is clear t h a t the c o m m u n i t y was n o t a

' c i t y w i t h i n the c i t y ' except i n a n a r r o w sense, as the

Jewish

c o m m u n i t i e s lacked at least t w o o f the basic characteristics o f a city-state: p o l i t i c a l independence and the means t o carry o u t the decisions o f its i n s t i t u t i o n s b y d i r e c t c o e r c i o n .

Nevertheless,

13

the J e w i s h p u b l i c , always and everywhere, saw i t s e l f t h r o u g h its c o m m u n i t i e s as subject t o J e w i s h law alone for the d e t e r m i n a t i o n o f its parameters and i d e n t i t y . B y this s u b j u g a t i o n t o the

communities

developed

forms

o f leadership

halakhah,

which

were

expressed w i t h i n the organizational structures i n various places. A detailed d e s c r i p t i o n o f these structures m a y be f o u n d i n every survey o f the h i s t o r y o f the Jews i n I t a l y as w e l l as i n the monographs denominator ganizational

devoted was

t o specific

the

frameworks,

communities;

establishment 1 4

of

their

common

quasi-municipal

or-

w h i c h became m o r e c o m p l e x as the

c o m m u n i t i e s ' p o p u l a t i o n s grew. As the p u b l i c saw the d e t e r m i n a t i o n o f these f r a m e w o r k s

as

b e i n g subject t o the n o r m s o f J e w i s h law, i t sought the solutions t o all questions, b o t h p u b l i c and p r i v a t e , w i t h i n t h i s n o r m a t i v e E v e n the definitions given by R. E l i j a h Bachur for kahal and kehilah (terms here generally translated as, respectively, 'congregation' and ' c o m m u n i t y ' ) contains an element o f the parallel o f kehilah t o city, at least i n its t e r r i t o r i a l aspect. A c c o r d i n g to h i m , there are some people w h o distinguish between kahal and kehilah, 'and call a gathering o f Jews who live i n one city a kahal, and the city, i n w h i c h there is that kahal, they call kehilah, such as the Kehilah o f Padua or o f Venice', E l i j a h Bachur, Sefer Tishby ( I s n y , 1541), 201. 1 1

1 2

T h i s topic is discussed at length i n C h . 5.

1 3

Cf. M i l a n o , Storia

degli ebrei, 460.

I t seems to me that this statement is true for the entire p e r i o d , and that Shulvass's d i s t i n c t i o n (see e.g. Renaissance, 52, 56, 74) between the period p r i o r to the ghettoization o f the Jews and the period f o l l o w i n g the ghettos is artificial, and has no reliable f o u n d a t i o n . Cf. also S. Simonsohn, ' T h e G h e t t o i n I t a l y and its G o v e r n m e n t ' ( H e b . ) , Sefer Yovel le-Yizhak Baer (Jerusalem, 1961), 270-90. 1 4

Introduction

5

system. T h e f o r m o f existence o f these c o m m u n i t i e s , as shaped b y t h e i r a s p i r a t i o n to ensure the i n n e r cohesion o f J e w i s h society a n d as expressed i n t h e i r a c t i v i t y a n d s p i r i t u a l c r e a t i o n , as w e l l as the relations a n d connections o f t h i s society w i t h the s u r r o u n d i n g world,

were

stamped

with

the m a r k o f the halakhah.

Great

significance is therefore attached t o u n d e r s t a n d i n g the ways i n w h i c h t h e society related t o the system o f J e w i s h n o r m s , a n d to the

position and

status

within

represented t h i s s y s t e m — n a m e l y ,

society

o f those

people

who

the r a b b i s . T h e present s t u d y

is dedicated t o t h i s issue, t o w h i c h scholars have t h u s far n o t addressed themselves e x t e n s i v e l y .

15

T h e above p r e s e n t a t i o n o f the p u r p o s e o f t h i s s t u d y i m p l i e s a clearly defined m e a n i n g o f the t e r m ' r a b b i n a t e ' f r o m the semantic point o f view, discussion

which may

r e q u i r e some e x p l a n a t i o n .

i n v o l v i n g semantic

questions

generally

I f any

speaking

re-

q u i r e s great c a u t i o n , p a r t i c u l a r l y w h e n t h e sources b e i n g

used

for

such

the discussion

are

taken f r o m

halakhic l i t e r a t u r e ,

c a u t i o n is d o u b l y w a r r a n t e d i n the subject u n d e r

1 6

discussion.

17

I n fact, i t seems t o m e t h a t the v e r y g r o w t h o f the i n s t i t u t i o n o f the

rabbinate,

many

generations

prior

to

the

period

under

discussion, is s t i l l i n need o f basic semantic c l a r i f i c a t i o n . T h e 1 5

Cf. Shulvass, Renaissance,

78.

See B. D . W e i n r y b , 'Responsa as a Source for H i s t o r y ( M e t h o d o l o g i c a l Problems)', i n Essays Presented to . . , Rabbi Israel Brodie ( L o n d o n , 1967), 4 0 4 - 5 , and an interesting example o f a semantic p r o b l e m relating to this question i n S. D . G o i t e i n , Sidrei Hinukh (Jerusalem, 1962), 152-3. 1 6

F o r example, S. A s s a f s d e f i n i t i o n o f the r a b b i as 'a scholar appointed over the p u b l i c to judge, to issue halakhic r u l i n g s and to conduct its religious l i f e ' — ' T o w a r d s a H i s t o r y o f the Rabbinate' ( H e b . ) , i n Be-ohalei Ya'akov; Perakim mi-hayyei ha-Tarbut she! ha-Yehudim be-yemei ha-Beinayim (Jerusalem, 1973), 2 7 — r e q u i r e s f u r t h e r elucidation, at least i n so far as the nature o f the a p p o i n t m e n t referred to i n the d e f i n i t i o n is undefined. T h e very use o f the T a l m u d i c phrase, 'appointed over the p u b l i c ' (memuneh 'al ha-zibbur), rather t h a n ' a p p o i n t e d from or by the c o m m u n i t y ' , leads to a certain a m b i g u i t y or confusion. F r o m w h a t Assaf states f u r t h e r o n , i t w o u l d appear that he is indeed r e f e r r i n g to an a p p o i n t m e n t f r o m the p u b l i c or c o m m u n i t y . I t follows f r o m this t h a t , were the title ' r a b b i ' awarded to an i n d i v i d u a l b y the process o f o r d i n a t i o n , i t w o u l d bear a different meaning f r o m that w h i c h Assaf gives to i t here. Assaf i n fact seems to have understood o r d i n a t i o n i n this way: 'One w h o wished to stand for election to the post o f r a b b i needed to receive a k i n d o f special " d i p l o m a " — t h e semikhah—and the title Morenu,' ( i b i d . 28). T h r o u g h o u t A s s a f s discussion o f o r d i n a t i o n , we find that his use o f the sources contains a covert assumption t h a t o r d i n a t i o n can o n l y be given by a r a b b i appointed over the c o m m u n i t y ; we need n o t add that this assumption is totally groundless, even i n those later sources w h i c h he invokes t o s u p p o r t his o p i n i o n . Assaf generally makes substantial use there o f late sources a n d , i n the course o f his synchronic approach t o the subject, draws conclusions f r o m the later p e r i o d regarding the earlier one, leading to complete semantic confusion i n his discussion o f the p e r i o d p r i o r t o the 17th century. 1 7

Introduction

6

a t t e m p t s t o u n d e r s t a n d t h i s i n s t i t u t i o n as b e i n g defined w i t h i n the f r a m e w o r k o f the c o m m u n a l o r g a n i z a t i o n ,

18

a n d even t o see

the r a b b i as f u n d a m e n t a l l y a h o l d e r o f c o m m u n a l office, n o t o n l y l i m i t the overall p i c t u r e o f the p h e n o m e n o n , b u t also i n v o l v e a certain element o f forced r e a d i n g o f the s o u r c e s .

19

W e are n o t

concerned here w i t h e x t e n d i n g the discussion b e y o n d the p e r i o d i n q u e s t i o n , b u t I m u s t emphasize t h a t there is n o j u s t i f i c a t i o n for d e f i n i n g the r a b b i n a t e specifically w i t h i n the f r a m e w o r k o f the c o m m u n a l o r g a n i z a t i o n . I prefer a concept o f ' i n s t i t u t i o n ' i n the sense used i n sociology, i.e. r e f e r r i n g t o fixed a n d characteristic f o r m s a n d c o n d i t i o n s o f b e h a v i o u r w i t h regard to the f u n c t i o n i n g o f society i n various contexts. T h e v e r y d e f i n i t i o n o f t h e r a b b i n a t e c o m b i n e d the idea o f leadership a n d r u l e r s h i p study

and

scholarship.

Thus,

the

2 0

w i t h that of

' r a b b i ' is placed

i n close

r e l a t i o n s h i p t o the ' s t u d e n t ' , w h o is i n s t r u c t e d b y h i m a n d accepts his a u t h o r i t y b y v i r t u e o f the k n o w l e d g e

o f t h e T o r a h he

has

i m p a r t e d t o h i m . I d o n o t i n t e n d t o elaborate here u p o n the q u e s t i o n o f w h a t periods a n d i n w h a t contexts one or another o f these concepts was

p r e d o m i n a n t , b u t there is n o d o u b t t h a t

t h r o u g h o u t the M i d d l e Ages the concept o f the r a b b i n a t e u n d e r s t o o d as d r a w i n g u p o n the r e a l i t y o f T o r a h s t u d y .

2 1

was

Thus,

F r o m the extensive literature t o u c h i n g u p o n this subject, d i r e c t l y or i n d i r e c t l y , see: B a r o n , The Jewish Community, i i . 66-70 and i i i . 123 n . 15; Assaf, ' T o w a r d s a H i s t o r y o f the Rabbinate'; M . G i i d e m a n n , ' D e i Neugestaltung des Rabbinerwesens u n d deren Einfluss a u f die talmudische Wissenschaft i m M i t t e l a l t e r ' , MGWJ, 13 (1864), 6 8 - 7 0 , 97¬ 110, 384-95, 421-44; S. Schwarzfuchs, Etudes sur Porigin et le developpement du Rabbinat au Moyen-Age (Paris, 1957). See also M . Breuer, Rabbanut Ashkenaz be-yemei ha-Beinayim (Jerusalem, 1976); S. Heksher, 'Leader, Judge and T e a c h e r ' ( H e b . ) , i n *Ish 'al ha-'Edah, ed. Y . Eisner (Jerusalem, 1973), 161-93; S. Z e i t l i n , Religious and Secular Leadership (Philadelphia, 1943), 31-46; I . A . Agus, Teshuvot Ba'alei ha-Tosafot ( N e w Y o r k , 1954), 18-29; i d e m , ' T h e Use o f the T e r m H a k h a m b y the A u t h o r o f the Sefer H a s s i d i m and its H i s t o r i c a l I m p l i c a t i o n s ' , JQ_R, 61 (1970), 54-62. 1 8

See e.g., E . E. U r b a c h ' s review o f Agus's Teshuvot Ba'alei ha-Tosafot i n KS, 30 (1955), 204-5. T h e t e r m rav i n its literal sense o f 'master' or 'great one' is even used i n h u m b l e contexts, such as 'the rav (i.e. leader) o f the donkey drivers', or even i n a negative sense, as i n 'the rav o f the brigands'. I t w o u l d perhaps n o t be superfluous to m e n t i o n here that the hegemony or ascendancy o f the i n s t i t u t i o n o f the Rabbinate was seen, f r o m the v i e w p o i n t o f the w o r l d o f r a b b i n i c learning and knowledge, as characterizing this historical p e r i o d i n c o n t r a d i s t i n c t i o n to the earlier p e r i o d o f the Gaonate. See R. M e n a h e m h a - M e i r i , Bet ha-Behirah 'al Masekhet 'Avot, ed. B. Z . h a - L e v i Prag (Jerusalem, 1964), 5 2 - 4 , as w e l l as the i n t r o d u c t i o n to his Bet ha-Behirah 'al Masekhet Berakhot, ed. S. D i k m a n (Jerusalem, 1965), 321 9

2 0

2 1

Introduction leadership

and

halakhic

7

a u t h o r i t y were

associated

with

the

r a b b i n a t e b y v i r t u e o f the fact t h a t J e w i s h society t u r n e d to the r a b b i s f o r c l a r i f i c a t i o n o f t h e details o f the n o r m a t i v e

system

w h i c h lay at the basis o f t h e i r lives, to w h i c h appeal the rabbis responded.

22

T h e i n s t i t u t i o n o f the r a b b i n a t e is therefore defined

s i m u l t a n e o u s l y i n t w o d i s t i n c t areas: i n t h a t o f scholarship a n d halakhic a u t h o r i t y , a n d i n t h a t o f c o m m u n a l leadership, i n w h i c h the r a b b i s p a r t i c i p a t e d , b o t h b y v i r t u e o f the claims w h i c h they made based u p o n t h e i r o w n scholarship a n d a u t h o r i t y , a n d b y the dependence o f t h e p u b l i c u p o n t h e i r k n o w l e d g e o f the T o r a h a n d t h e i r halakhic r u l i n g s . A n e x p l o r a t i o n o f t h i s i n s t i t u t i o n , l i k e any o t h e r , w i l l r e q u i r e t h a t we pay a t t e n t i o n t o these f u n d a m e n t a l characteristics o f every social r e a l i t y , a n d p a r t i c u l a r l y t o the d i s t i n c t i o n between

'status'

a n d ' f u n c t i o n ' . I n o t h e r w o r d s , we m u s t take note o f the n a t u r e o f the status o f the r a b b i s as halakhic a u t h o r i t i e s w i t h i n t h e social system o n the one h a n d , a n d t h e i r m o d e o f r e a l i z i n g t h e r i g h t s , privileges, a n d duties i n v o l v e d i n t h i s status a n d c o n s t i t u t i n g its d y n a m i c aspect, o n the o t h e r h a n d . T o t h i s e n d , we m u s t i n q u i r e a b o u t t h e people w h o c l a i m the status o f r a b b i s i n society: the nature o f their i m p l i e d claim to leadership,

23

a n d the r e l a t i o n s h i p

o f society t o t h a t c l a i m . W e m u s t also ask h o w these concepts became i n s t i t u t i o n a l i z e d i n d i f f e r e n t ways i n J e w i s h society, a n d h o w these f o r m s were i n c o r p o r a t e d w i t h i n t h e social s t r u c t u r e , alongside its o r g a n i z a t i o n a l aspects. D u r i n g the p e r i o d u n d e r discussion, i n d i v i d u a l s i n I t a l y c l a i m e d the r i g h t t o r e l i g i o u s leadership o n the s t r e n g t h o f the r a b b i n i c o r d i n a t i o n t h e y h a d received, w h i c h gave t h e m the r i g h t t o r u l e o n questions o f J e w i s h l a w , a n d b y v i r t u e o f w h i c h t h e y

were

g i v e n t h e t i t l e o f ' r a b b i ' ( H e b . rav) b y o t h e r ' r a b b i s ' . W e m u s t therefore b e g i n b y e x a m i n i n g the social a n d ideological b a c k g r o u n d o f those people w h o w i s h e d t o be elevated t o the status o f ' r a b b i ' , a n d t h e course o f studies l e a d i n g t o i t . A general survey i n t h e first chapter o f t h i s b o o k w i l l be d e v o t e d t o t h i s q u e s t i o n , r e l y i n g p r i m a r i l y u p o n the extensive

d o c u m e n t a t i o n recently

gathered

See J . K a t z , Tradition and Crisis ( N e w Y o r k , 1971), 169-70 and compare H . H . Ben-Sasson, 'Concepts and Realities i n Jewish H i s t o r y at the E n d o f the M i d d l e Ages' ( H e b . ) , Tarbiz, 29 ( i 9 6 0 ) , 300. 2 2

Cf. Baer, ' T h e O r i g i n s and F o u n d a t i o n s o f Jewish C o m m u n a l O r g a n i z a t i o n ' , 28 ff.; Ben-Sasson, ' T h e Place o f the C o m m u n i t y - C i t y ' , 170; i d e m , ' T h e N o r t h e r n European Jewish C o m m u n i t y ' , 213 ff. 2 3

8

Introduction

c o n c e r n i n g J e w i s h education i n I t a l y . O n e need n o t a d d t h a t the aim o f m y examination o f Jewish education i n that country d u r i n g t h a t p e r i o d is n o t t o w r i t e its h i s t o r y , b u t rather to d e t e r m i n e w h e t h e r o r n o t the r a b b i i n fact emerged organically o u t o f his c o m m u n i t y , and was anchored i n a w o r l d - v i e w w h i c h belonged to the c o m m u n i t y as a w h o l e . T h o s e readers f a m i l i a r w i t h the l i t e r a t u r e p e r t a i n i n g t o the c u l t u r e o f I t a l i a n J e w r y d u r i n g the Renaissance w i l l realize t h a t m y m e n t i o n i n g t h i s tendency i n i t s e l f i m p l i e s a certain stand o n the q u e s t i o n o f the r a b b i s ' i n v o l v e m e n t as the standard bearers o f n o r m a t i v e J e w i s h t r a d i t i o n i n its ideal expressions, whereas J e w i s h h i s t o r i o g r a p h y has stressed p r i m a r i l y the t e n d e n c y towards greater distance f r o m t h a t t r a d i t i o n i n the wake o f i n v o l v e m e n t i n the general c u l t u r e . M y stand o n t h i s q u e s t i o n w i l l find e x p l i c i t a n d m o r e extensive expression d u r i n g the course o f t h i s w o r k . I n any event, m y s u m m a r y w i l l be very succinct a n d I w i l l n o t a t t e m p t t o a d d t o w h a t is already k n o w n to us f r o m the

field

o f Jewish education i n I t a l y d u r i n g that

p e r i o d , b u t o n l y t o emphasize certain p o i n t s , as an i n t r o d u c t i o n t o the general topics t o be discussed i n t h i s w o r k . L e t m e add here t h a t the q u e s t i o n o f the r i s i n g status o f ' r a b b i ' , w i t h i n the general f r a m e w o r k o f the c u l t u r e o f the p e r i o d , entails a certain a t t i t u d e towards fixing the c h r o n o l o g i c a l boundaries

of

the w o r k . T h a t is, as the p h e n o m e n o n k n o w n as the Renaissance is p r i m a r i l y c u l t u r a l , reaching

its m a t u r a t i o n a n d greatest

ex-

pression w i t h the c o m p l e t i o n o f the r e v o l u t i o n i n the r e a l m o f e d u c a t i o n i n t h e C h r i s t i a n w o r l d i n the m i d d l e o f the

fifteenth

c e n t u r y , one m a y j u s t i f i a b l y define t h i s p h e n o m e n o n i n t e r m s o f the same t i m e - f r a m e w i t h i n J e w i s h c u l t u r e . I n t h i s w o r k , I have defined the p e r i o d o f the Renaissance as b e g i n n i n g m o r e or less i n the m i d d l e o f the o f the sixteenth

fifteenth

century.

c e n t u r y a n d c o n c l u d i n g at the end

2 4

A s we have stated, d u r i n g the Renaissance i n d i v i d u a l s i n I t a l y acquired

the

status

of

'rabbi'

through

ordination. N o

new

arrangements f o r the g r a n t i n g o f o r d i n a t i o n different f r o m those p r e v i o u s l y c u s t o m a r y seem t o have been i n t r o d u c e d d u r i n g this period. M y

initial question

concerning

the i n s t i t u t i o n o f the

T h e r e are several reasons for v i e w i n g the period o f t i m e referred to here as a distinct era i n the history o f I t a l i a n Jewry; I hope to deal w i t h this issue extensively elsewhere. M e a n w h i l e , see R. B o n f i l , 'Expressions i n I t a l y o f the Uniqueness o f the Jewish People d u r i n g the Renaissance' ( H e b . ) , Sinai, 76 (1975), 4 4 - 6 , and cf. C h . 6, Sect. 3 and the end o f Sect. 4. 2 4

Introduction rabbinate

will

therefore

concern

9 the

nature

and

elements o f the c l a i m o f the o r d a i n e d , a n d the

constituent community's

r e l a t i o n t o t h i s c l a i m ; C h a p t e r 2 w i l l be devoted t o t h i s p r o b l e m . I

will

attempt

therein

to

examine

how

the

Jewish

public

evaluated t h e r a b b i s , a n d h o w t h i s v a l u a t i o n was reflected i n t h e r e l a t i o n s h i p s , o n the one h a n d , between the p u b l i c a n d the rabbis a n d , o n the o t h e r , those o f the rabbis a m o n g themselves. I w i l l ask t o w h a t extent the i d e n t i f i c a t i o n o f the concept o f hakham

talmid

(i.e. 'scholar o f sacred l o r e ' ) , w h i c h h a d been accepted

and honoured by a centuries-old tradition, w i t h that o f 'ordained r a b b i ' seemed j u s t i f i e d i n the eyes o f J e w i s h society, a n d t o w h a t extent the results o f t h i s were p r o b l e m a t i c w i t h i n society. I n o t h e r w o r d s , I w i l l a t t e m p t t o evaluate the w e i g h t o f the a u t h o r i t y ascribed b y the p u b l i c t o rabbis b y v i r t u e o f t h e i r o r d i n a t i o n , a n d the way i n w h i c h the p u b l i c a t t e m p t e d to p a r t i c i p a t e i n the p r o m o t i o n o f specific i n d i v i d u a l s t o t h e r a n k o f r a b b i . I w i l l also attempt ordained

to

determine

and

the

the privileges

characteristics they

enjoyed

demanded by

of

those

virtue o f their

o r d i n a t i o n ; I shall take note i n t h i s c o n n e c t i o n o f the parallels between the g r a n t i n g o f r a b b i n i c o r d i n a t i o n a n d the a w a r d i n g o f the t i t l e o f d o c t o r i n t h e universities. A s the r a b b i n i c prerogative o f e x c o m m u n i c a t i o n was very significant i n t h i s c o n n e c t i o n ,

I

shall d w e l l u p o n its m e a n i n g w i t h i n the c o n t e x t o f the r a b b i s ' d e m a n d f o r o r d i n a t i o n a n d a p o s i t i o n o f leadership. I n C h a p t e r 3, I shall be concerned w i t h d e f i n i n g the place o f the rabbis w i t h i n t h e established organizational f r a m e w o r k o f t h e c o m m u n i t i e s a n d the extent o f t h e i r p a r t i c i p a t i o n i n its leadership. T h e p i c t u r e p o r t r a y e d here is a v a r i e d a n d c o m p l e x one, w h i c h at first glance m i g h t seem t o dissuade one f r o m r e a c h i n g

any

general conclusions. N o t o n l y d i d c o n d i t i o n s differ f r o m one place to another, just as the c e n t r a l figures differed f r o m one another, but

the available d o c u m e n t a t i o n makes i t i m p o s s i b l e for us t o

derive a c o m p l e t e p i c t u r e . I have o f course a t t e m p t e d t o examine the sources available f r o m a l l those c o m m u n i t i e s i n w h i c h the office o f ' c o m m u n i t y - a p p o i n t e d r a b b i ' existed, b u t these were n o t n u m e r o u s . M o r e o v e r , p a r t i c u l a r l y i n the larger c o m m u n i t i e s , n o such r a b b i was a p p o i n t e d t h r o u g h o u t the sixteenth c e n t u r y . T h i s fact, w h i c h o n the face o f i t seems r a t h e r strange, w i l l lead t o a discussion o f the means b y w h i c h the office o f the c o m m u n i t y a p p o i n t e d r a b b i t o o k shape, w h i l e e x a m i n i n g possible

influences

Introduction

10

f r o m b o t h the Ashkenazic a n d Sephardic w o r l d s . I t seems to m e here t h a t a l l roads p o i n t t o w a r d s one focal i s s u e — n a m e l y , the r a b b i n i c prerogative o f issuing the b a n (herem), w h i c h was i n t e n d e d t o s t r e n g t h e n the f o u n d a t i o n s o f c o m m u n a l leadership. I w i l l therefore a t t e m p t to d e t e r m i n e to w h a t extent t h i s i m p r e s s i o n is correct. T h e p a r t i c i p a t i o n o f rabbis i n c o m m u n a l leadership led i n a n a t u r a l way t o w a r d s tensions between the rabbis a n d the lay c o m m u n a l leaders, o n the one h a n d , a n d a m o n g the rabbis themselves, o n the other. W e m u s t therefore c l a r i f y the n a t u r e o f these tensions. I shall also concern m y s e l f i n t h i s chapter w i t h the f u n c t i o n s o f the c o m m u n a l l y a p p o i n t e d r a b b i s , t h e i r status w i t h i n the c o m m u n i t y a n d t h e i r salaries. I n the l i g h t o f these findings, i n C h a p t e r 4 I shall a t t e m p t t o re-evaluate the significance o f the existence i n one c o m m u n i t y o f a person h o l d i n g the office o f c o m m u n i t y - a p p o i n t e d r a b b i a n d o f other i n d i v i d u a l s w h o , w h i l e o r d a i n e d ' r a b b i s ' , stood outside the established f r a m e w o r k o f c o m m u n a l leadership. Isaiah Sonne b u i l t a comprehensive t h e o r y u p o n t h i s fact, a c c o r d i n g t o w h i c h d u r i n g this p e r i o d I t a l i a n rabbis were d i v i d e d i n t o 'official r a b b i s ' a n d ' i t i n e r a n t r a b b i s ' i n the service o f w e a l t h y i n d i v i d u a l s . I n his o p i n i o n , t h e ' i t i n e r a n t r a b b i s ' u n d e r c u t the a u t h o r i t y o f the 'official r a b b i n a t e ' — a characteristic expression o f t h e i n d i v i d u a l i s t i c s p i r i t o f the Renaissance. Sonne a t t e m p t e d t o e x p l a i n e n t i r e chapters i n the h i s t o r y o f I t a l i a n J e w r y d u r i n g t h i s p e r i o d b y means o f t h i s t h e o r y , f r o m the i m p l e m e n t a t i o n o f J e w i s h l a w i n the c o m m u n i t i e s t o the controversy c o n c e r n i n g the p u b l i c a t i o n o f the Zohar. W i t h regard t o the latter q u e s t i o n , I . T i s h b y has d e m o n s t r a t e d t h a t there is l i t t l e s u p p o r t for Sonne's t h e o r y . I n m y o p i n i o n , the very fact t h a t there were n o c o m m u n i t y - a p p o i n t e d rabbis i n the m a j o r c o m m u n i t i e s t h r o u g h o u t the s i x t e e n t h c e n t u r y suffices t o refute Sonne's t h e o r y c o m p l e t e l y , a n d n o t o n l y i n the m a t t e r o f t h e p r i n t i n g o f the Zohar. Nevertheless, we m u s t a t t e m p t t o u n d e r s t a n d the m e a n i n g o f the difference between c o m m u n a l l y a p p o i n t e d rabbis a n d those w h o were n o t connected w i t h any c o m m u n a l i n s t i t u t i o n s . T h e latter s u p p o r t e d themselves b y various means, such as b e i n g i n the service o f w e a l t h y i n d i v i d u a l s as a 2 5

k i n d o f ' p r i v a t e r a b b i ' . I w i l l therefore w i s h to i n c l u d e c e r t a i n aspects o f the social m e a n i n g o f t h a t p h e n o m e n o n t o set against the b a c k g r o u n d o f t h e social f r a m e w o r k o f the Renaissance. 2 5

See below, C h . 4, n . 30.

Introduction

n

T w o o t h e r m a t t e r s seem p a r t i c u l a r l y i m p o r t a n t f o r a p o r t r a i t o f t h e i n s t i t u t i o n o f t h e r a b b i n a t e d u r i n g t h i s p e r i o d . T h e first concerns

t h e a p p l i c a t i o n o f J e w i s h l a w , as u n d e r s t o o d b y t h e

scholars o f those generations: t h a t is, o n t h e one h a n d , the role o f t h e rabbis i n t h e j u r i d i c a l r e a l m a n d , o n t h e o t h e r , t h e i r c r e a t i v i t y as expressed i n t h e c o m p o s i t i o n o f halakhic responsa. T h e q u e s t i o n generally asked here is w h e t h e r t h e s i t u a t i o n i n t h i s area is t o be seen as d e t e r m i n e d p r i m a r i l y u n d e r t h e influence o f the s p i r i t o f the Renaissance, as is generally t h o u g h t ,

2 6

or

w h e t h e r an organic i n t e r n a l d e v e l o p m e n t t o o k place, w h i c h was o f course n o t e n t i r e l y bypassed b y t h e c u r r e n t c o n d i t i o n s . F o r e x a m p l e , was t h e w e a k e n i n g o f t h e i n s t i t u t i o n s o f H e b r e w l a w i n I t a l y at t h i s t i m e t h e r e s u l t o f a weakened r e l a t i o n s h i p t o those i n s t i t u t i o n s i n t h e wake o f t h e w i d e s p r e a d i n v o l v e m e n t i n secular l e a r n i n g , or was

t h i s perhaps

n o t at a l l t h e reflection o f a

w e a k e n i n g o f c o m m i t m e n t , b u t an organic d e v e l o p m e n t o f t h e i n s t i t u t i o n s o f the L a w themselves, due t o various factors w h i c h had l i t t l e or n o t h i n g t o do w i t h i n v o l v e m e n t i n general e r u d i t i o n and culture? T h e v e r y f o r m u l a t i o n o f the q u e s t i o n i n t h i s m a n n e r suggests a w e l l - b e a t e n p a t h , albeit i n so far as these m a t t e r s are connected t h e y o f course c o r r e s p o n d t o t h e general tendency o f t h i s b o o k , as I stated earlier w h e n I presented its a i m . I n any event, t h e answer t o t h i s q u e s t i o n w i l l d e m a n d a detailed analysis o f the situation o f Jewish law i n Italy d u r i n g this period, and o f the characteristic features o f t h e responsa o f the sages o f I t a l y . C h a p t e r 5 o f t h i s book w i l l be devoted t o t h i s subject. I n t h e l i g h t o f t h i s tendency, a n d i n a s i m i l a r s p i r i t , i n the final chapter I w i l l address the p o s i t i o n o f t h e rabbis a n d t h e i r role i n s h a p i n g t h e c u l t u r a l a n d s p i r i t u a l life o f those generations. I n k e e p i n g w i t h w h a t has been said t h u s far, I w i l l a t t e m p t t o answer t h e q u e s t i o n w h e t h e r t h e r a b b i s were organically i n v o l v e d i n t h e c u l t u r a l a c t i v i t y o f t h e i r c o n t e m p o r a r i e s , or w h e t h e r they were obscurantist o p p o n e n t s o f an e n l i g h t e n m e n t t o w a r d s w h i c h the m e m b e r s o f t h a t generation allegedly t e n d e d i n t h e wake o f t h e i r i n v o l v e m e n t i n general c u l t u r e . T h i s q u e s t i o n w i l l r e q u i r e us b r i e f l y t o discuss a m u l t i - f a c e t e d d e v e l o p m e n t w h i c h t o o k place i n t h e c u l t u r a l interests o f t h e people at t h a t t i m e , u n t i l

the

See e.g., I . Sonne, ' O n the H i s t o r y o f the C o m m u n i t y o f Bologna i n the B e g i n n i n g o f the 16th C e n t u r y ' ( H e b . ) , HUCA 16 (1942), 35-100; M . A . Shulvass, ' T h e S t u d y o f T o r a h A m o n g I t a l i a n Jews d u r i n g the Renaissance' ( H e b . ) , Horeb, 10 (1948), 105-28. 2 6

Introduction

12

emergence o f the phase o f s p i r i t u a l i n v o l u t i o n at the e n d o f the p e r i o d , a p h e n o m e n o n w h i c h i n effect c o n c l u d e d the process o f t u r n i n g away f r o m p h i l o s o p h y a n d the e n t r y i n t o the field o f the mysticism

o f the

Kabbalists,

which

u l t i m a t e l y signified

the

separation o f J e w i s h t h o u g h t f r o m general p h i l o s o p h y i n order to go i n a different d i r e c t i o n . W e w i l l need t o discuss b r i e f l y t w o subjects w h i c h seem p e r t i n e n t t o t h i s q u e s t i o n : we shall a t t e m p t to u n d e r s t a n d the n a t u r e o f the p h i l o s o p h i c a l t h o u g h t o f the rabbis o f those generations; a n d we w i l l t r y t o perceive the way i n w h i c h the rabbis came i n t o contact w i t h the p u b l i c

among

w h o m t h e y l i v e d b y means o f the s e r m o n . T o s u m m a r i z e , I w i l l a t t e m p t t o examine the i n s t i t u t i o n o f the rabbinate

generally

i n r e l a t i o n t o an e n t i r e g a m u t

o f issues

p e r t i n e n t t o u n d e r s t a n d i n g the h i s t o r y o f the Jews i n I t a l y d u r i n g t h i s p e r i o d w h i c h has r e m a i n e d a focal p o i n t o f interest for m a n y scholars d o w n to the present day. I f the presentation o f m a t e r i a l is somewhat different f r o m t h a t f o u n d i n standard w o r k s , t h i s is a n a t u r a l expression o f m y i n c l i n a t i o n s a n d h i s t o r i c a l consciousness, a n d is a reflection o f the approach w h i c h I received at the H e b r e w U n i v e r s i t y o f Jerusalem, where this w o r k first came i n t o existence, a n d f r o m the people f r o m w h o m

I learned

much

p e r t a i n i n g to the h i s t o r y a n d t h o u g h t o f the J e w i s h people. Some p r e l i m i n a r y remarks about the footnotes are i n order. I n the references t o b i b l i o g r a p h i c a l sources, I have p r o v i d e d the f u l l details (sometimes w i t h a s h o r t t i t l e ) o n l y o n the first occasion per chapter o n w h i c h a g i v e n w o r k is m e n t i o n e d ; thereafter a shortened e n t r y , w i t h a u t h o r a n d abbreviated t i t l e o n l y , is p r o v i d e d . I n a d d i t i o n , a selected B i b l i o g r a p h y , c o n t a i n i n g f u l l entries a n d , where applicable, short titles o f each w o r k l i s t e d , is g i v e n at the e n d o f the book. I have n o t p r o v i d e d b i o - b i b l i o g r a p h i c a l i n f o r m a t i o n c o n c e r n i n g the various r a b b i n i c personalities m e n t i o n e d i n the b o d y o f the w o r k , w h o play a d o m i n a n t role i n the aspect o f h i s t o r y o f the p e r i o d discussed here. E x c e p t i o n has been made i n o n l y a few cases, generally speaking where i t seemed necessary so as to p r o v i d e b a c k g r o u n d t o a given figure's a c t i v i t y , a n d o n l y t h e n w h e n there was n o adequate e n t r y c o n c e r n i n g t h a t figure i n one o f the standard encyclopaedias o f J e w i s h studies, namely: Encyclopaedia Judaic a ( B e r l i n , 1928); Jewish Encyclopaedia (New

Introduction Y o r k , 1901-1905); Encyclopaedia zeklopedyah

ha-Ivrit*

13

Judaica

(Jerusalem

(Jerusalem, 1971);

and T e l

Aviv,

ha-En-

1951-81). I n

a d d i t i o n t o these encyclopaedias, a b u n d a n t m a t e r i a l c o n c e r n i n g the r a b b i s o f I t a l y appears i n the f o l l o w i n g w o r k s : M . M o r t a r a , Indice

alfabetico

dei

rabbini

e scrittori

N e p p i - G h i r o n d i , Toldot Gedolei X

Yisrael

israeliti u-Ge'onei

(Padua,

1886);

Italy ah ( T r i e s t e ,

8 S 3 ) ; S. W i e n e r , ' M a z k e r e t R a b b a n e i I t a l y a h 1520-1818', i n his

Pesak

ha-herem

shel ha-Rav

Ya'akov

Polak

. . . (St

Petersburg,

1897); S. S i m o n s o h n , I n t r o d u c t i o n t o L e o n e M o d e n a ' s

She'elot

u-Teshuvot

1955);

Ziknei

i d e m , History

Yehudah,

of the Jews

1972), 6 9 5 - 7 4 1 .

ed. S i m o n s o h n (Jerusalem, in the Duchy

of Mantua

(Jerusalem,

I

The Socio-cultural

Background to the

Emergence of the Rabbis T h e emergence o f a r a b b i w i t h i n I t a l i a n - J e w i s h society i n w h i c h , n o t u n l i k e o t h e r c o n t e m p o r a r y J e w i s h c o m m u n i t i e s , life r e v o l v e d a r o u n d the f o r m s o f a religious system, was organic. T h a t is, an i n d i v i d u a l w h o aspired t o t h e p o s i t i o n o f r a b b i d i d n o t f o l l o w any p a r t i c u l a r course o f s t u d y or 'professional' p r e p a r a t i o n w h i c h d i f f e r e n t i a t e d h i m f r o m the rest o f t h e c o m m u n i t y , i n a m a n n e r analogous, f o r example, t o t h a t o f t h e C h r i s t i a n p r i e s t h o o d . T h e course o f s t u d y o f those w h o u l t i m a t e l y entered the r a b b i n a t e was i d e n t i c a l to t h a t o f a l l those w h o felt i t t h e i r d u t y as Jews t o u n d e r t a k e the t r a d i t i o n a l o b l i g a t i o n o f religious s t u d y .

One

can reasonably state t h a t t h i s p r o g r a m m e o f s t u d y was perceived b y t h e c o m m u n i t y as designed t o b r i n g the best students u p to the level o f w h a t we m a y perhaps define as ' r e l i g i o u s leaders' ( i n H e b r e w , morei horaah—i

term i m p l y i n g rabbinic function and

scholarship, b u t far m o r e c o m p r e h e n s i v e ) . T h i s m a y be sensed, for example, i n a letter w r i t t e n b y a teacher to t h e m o t h e r o f a s t u d e n t , i n f o r m i n g her o f her son's progress i n his studies: ' T h e f r u i t o f y o u r w o m b . . . does n o t d e p a r t . . . f r o m t h e t e n t o f s t u d y . . . H e engages i n s t u d y unceasingly. I a m c e r t a i n t h a t t h e f o u n d a t i o n s o f his f a m i l y w i l l yet be u p l i f t e d , m a k i n g h i m a name a m o n g the great ones. T h e n y o u shall rejoice . . . a n d there w i l l be f u l f i l l e d b y h i m , " h i s name w i l l be great i n I s r a e l , he instruct, 4].'

1

shall

a n d the islands shall hope at his t e a c h i n g " [cf. Isa. 42:

I n t h e eyes o f t h i s scholar, whose w o r d s m a y be assumed to

reflect t h e d o m i n a n t s p i r i t o f his age, one w h o received the t i t l e S. Assaf, Mekorot le-Toldot ha-Hinukh be-Yisra'el ( T e l A v i v , 1928-43), i v . 20. S i m i l a r l y , R. Raphael b . Joseph H e l l i recorded the b i r t h o f his eldest daughter i n the list o f his c h i l d r e n at the end o f his book, T a l O r o t ' ( M S L o s Angeles 1, 779 bx 5; I M H M 32361), 244a: Raphael said, ' I n the year 5370 [i.e. 1610], o n the 8 t h day o f Shevat . . . G o d had grace o n m e and m y wife bore . . . a daughter . . . M a y i t be H i s w i l l . . . that her b i r t h be i n a t i m e o f blessing . . . and that she m e r i t to enter the marriage canopy and t o see sons and grandsons i n v o l v e d i n T o r a h and f u l f i l l i n g the c o m m a n d m e n t s and serving as " r e l i g i o u s leaders" (morei horcfah) i n Israel . . 1

/. The

Yeshivah

15

o f r a b b i was seen as h a v i n g a t t a i n e d the p i n n a c l e o f achievement i n his studies. S u c h a v i e w was n o d o u b t r o o t e d i n the n a t u r e o f these studies, w h i c h J e w i s h society saw as s t e m m i n g f r o m a d i v i n e source a n d as an expression

o f holiness i n f o r m i n g the

w h o l e o f J e w i s h life. I n fact, at least i n t h e o r y , religious c u l t u r e still

represented

what

was

considered

as

specifically

Jewish

c u l t u r e . T h i s b e i n g so, despite the deep i n v o l v e m e n t o f I t a l i a n society o f t h i s p e r i o d i n h u m a n i s m a n d Renaissance c u l t u r e , t o w h i c h we shall have o p p o r t u n i t y t o refer f u r t h e r , the r e v o l u t i o n i n general e d u c a t i o n d u r i n g the p e r i o d u n d e r discussion c o m p l e t e l y bypassed t h e J e w i s h c o m m u n i t y .

2

A m o n g the concrete a n d s t r i k i n g expressions o f t h a t r e v o l u t i o n , the m o s t i m p o r t a n t was t h e r a d i c a l change i n the texts w h i c h f o r m e d the c u r r i c u l u m o f s t u d y . I n the t i m e - s p a n o f o n l y one generation, medieval

a l l the o l d textbooks

youth

had

been

u p o n w h i c h generations

educated

completely

of

disappeared.

B y the e n d o f the f i f t e e n t h c e n t u r y , the w e l l - k n o w n

auctores

( ' a u t h o r s ' — i . e . a u t h o r i t a t i v e e d u c a t i o n a l texts), a n d p a r t i c u l a r l y the auctores

octo,

w h i c h the y o u n g h a d been r e q u i r e d t o l e a r n

3

m o s t l y b y heart a n d p r i m a r i l y b y means o f p l a i n d e c l a m a t i o n , c o m p l e t e l y disappeared f r o m I t a l y .

4

N o t one o f these e i g h t texts

was p r i n t e d t h e r e , a l l t w e n t y - n i n e incunabula printed i n France.

5

o f these w o r k s b e i n g

T h e o l d e d u c a t i o n a l system was subjected t o

t h e m o s t severe a n d b i t t e r c r i t i c i s m i m a g i n a b l e d u r i n g those generations, alongside u n q u a l i f i e d praise o f the activities o f the pioneers

w h o destroyed

i t a n d established

i n its place a n e w

system based u p o n the r e a d i n g o f classical sources. O n e senses a feeling o f a w a k e n i n g f o l l o w i n g a deep sleep, o f emergence i n t o the l i g h t after an extended stay i n the ' b a r b a r i c ' darkness o f t h e p r e v i o u s generations, a n d o f self-confidence the challenge

i n d a r i n g t o accept

o f c o n f r o n t a t i o n w i t h the auctoritates,

o n whose

w o r k s t h e y h a d been educated a n d against w h i c h t h e y r e b e l l e d . O n this subject generally, see E. G a r i n , V educazione 1966); i d e m , La cultura del Rinascimento ( B a r i , 1971). 2

in Europa,

1400-1600

6

(Bari,

O n the auctores octo, see G . B i l l a n o v i c h , ' L e o n Battista A l b e r t i , i l Graecismus e la C h a r t u l a ' , Lingua nostra, 15 (1954), 7 0 - 1 . See G a r i n , La cultura del Rinascimento, 71-6. See E. P. G o l d s c h m i d t , Medieval Texts and their First Appearance in Print ( L o n d o n , 3

4

5

1943), 29-30¬ See e.g. the letter w r i t t e n b y G u a r i n o G u a r i n i to his son i n the m i d d l e o f the 15th cent.: G . Veronese, Epistolario, ed. Sabbadini (Venice, 1915-19), 581-4. F o r a d d i t i o n a l sources, see C. Vasoli, Umanesimo e rinascimento (Palermo, 1969), 311 ff. 6

/. The Socio-Cultural

i6

Background

B y contrast, the J e w i s h educational system r e m a i n e d e n t i r e l y u n a l t e r e d . I t was n o t c o m p l e t e l y

bypassed b y

almost certain

expressions o f the n e w s p i r i t , p a r t i c u l a r l y t h a t o f greater openness to c r i t i c i s m or to p o l e m i c attitudes c o n c e r n i n g the system o f s t u d y , i n w h i c h the status o f t a l m u d i c d i s q u i s i t i o n s (pilpul) declined (see C h a p t e r

severely

5). B u t b y a n d large the Jews i n I t a l y

c o n t i n u e d t o be educated o n the sacred texts o f t h e i r religious tradition.

The

many

surviving documents

relating to

e d u c a t i o n i n I t a l y d u r i n g the p e r i o d u n d e r d i s c u s s i o n

7

Jewish

present a

clear p i c t u r e o f t h i s subject, described i n detail b y nearly a l l the scholars w h o have dealt w i t h i t . O n e m a y reasonably 8

conclude

t h a t , at least i n so far as visible expressions are concerned,

no

m a j o r changes took place i n the general a t t i t u d e o f J e w i s h society t o the religious t r a d i t i o n w h i c h t h i s education was m e a n t to i n s t i l . A n i l l u s t r a t i o n o f this is t h a t , t h r o u g h o u t the e n t i r e p e r i o d , they a p p a r e n t l y f o u n d no f a u l t i n the system o f rote l e a r n i n g o f the B i b l e a n d vernacular t r a n s l a t i o n at an early age, the o r i g i n s o f 9

w h i c h lay i n early m e d i e v a l t r a d i t i o n .

1 0

T o be sure, the scholars w h o have dealt w i t h t h i s subject have j u s t i f i a b l y stressed certain characteristic features o f the education o f the Jews i n Renaissance I t a l y : the c u l t i v a t i o n o f an elegant, even f l o w e r y m a n n e r o f w r i t i n g ; the p a r t i c u l a r emphasis u p o n k n o w l e d g e o f the H e b r e w language, based u p o n the t r a d i t i o n o f the classical g r a m m a r i a n s , whose i m p o r t a n c e r e m a i n e d u n d i m i n i s h e d t h r o u g h o u t t h i s p e r i o d ; the necessity o f w h a t were t h o u g h t o f M o s t o f these documents appear i n Assaf, Mekorot, vols, i i and iv. See esp. A . M a r x , 'R. Joseph D ' A r l i as Teacher and H e a d o f an Academy i n Siena' ( H e b . ) , i n Louis Ginzberg Jubilee Volume: Hebrew Section [Sefer ha-Yovel li-khevod Levi Ginzberg] ( N e w Y o r k , 1946), 271-304; M . A . Shulvass, ' T h e Religious L i f e o f I t a l i a n J e w r y d u r i n g the Period o f the Renaissance' ( H e b . ) , PAAJR 17 (1947-8), 1-20; i d e m , ' T h e S t u d y o f T o r a h ' ; H . Z . D i m i t r o w s k y , ' H i s t o r y o f the Jews i n M i l a n o Before the E x p u l s i o n o f 1597' ( H e b . ) , Talpiyot, 6 (1955), 715-19; S. Simonsohn, ' T h e W o r l d o f a Jewish Y o u t h d u r i n g the Renaissance' ( H e b . ) , Hagut 'Ivrit be-Europa ( T e l A v i v , 1969), 7

8

334-49¬ O n the nature o f the vernacular translations, t h r o u g h w h i c h traces o f the ancient Judaeo-Italian dialect were preserved u n t i l a late date, see G . Sermoneta, Un volgarizzamento giudeo-italiano del Cantico dei Cantici (Florence, 1974), 2 1 - 3 1 ; i d e m , 'Considerazioni frammentarie sul giudeo-italiano', Italia: Studi e ricerche sulla cultura e sulla letteratura degli ebrei d* Italia, i / i (1976), 1-29; i/2 (1978), 62-106. Even the need to substitute more up-to-date versions for the older vernacular translations was only felt at the beginning o f the 17th cent. T h e f r u i t f u l l i f e - w o r k o f Leone M o d e n a was i n v o l v e d w i t h this project. O n the parallel phenomenon among Sephardic Jews i n I t a l y d u r i n g this p e r i o d , see I . Sonne, 'Jacob L o m b r o s o and the book Heshek Shlomo* ( H e b . ) , KS, 11 (1935-6), 499-506. 9

1 0

/. The

Yeshivah

17

as 'secular' studies, such as L a t i n g r a m m a r a n d c o m p o s i t i o n , m a t h e m a t i c s , m u s i c , etc. N o n e o f these features r e q u i r e d a break w i t h t h e c o n t i n u i t y o f t h e scholastic

tradition inherited from

p r e v i o u s generations: o n t h i s p o i n t t h e Jews clearly d i f f e r e d f r o m the C h r i s t i a n s . T h u s , t h e sense o f c o n t i n u i t y a n d legacy w h i c h t h e I t a l i a n J e w f e l t f o r his o w n c u l t u r a l t r a d i t i o n is p a r t i c u l a r l y striking w h e n contrasted

with

the sense o f d i s c o n t i n u i t y a n d

a l i e n a t i o n w h i c h the C h r i s t i a n s f e l t .

1 1

I n a w o r d , we m a y c o n c l u d e

t h a t t h r o u g h o u t t h i s p e r i o d , t h e J e w i s h e d u c a t i o n a l system

still

clearly

the

expressed

as

an

educational

ideal t h e p u r s u i t o f

t r a d i t i o n a l goal o f p e r f e c t i o n i n t h e above t r a d i t i o n , t o t h e p o i n t o f b e i n g able t o pass i t o n t o the generations t o come; i n o t h e r w o r d s , t h e goal o f b e c o m i n g a ' r e l i g i o u s leader' (moreh

horaah)—

t h a t is, a r a b b i — i f one were successful i n one's studies.

1. T H E Y E S H I V A H

T h e focus o f i n t e l l e c t u a l a c t i v i t y w i t h i n J e w i s h society was t h e T a l m u d i c academy—the

yeshivah. T h e r e is a c e r t a i n c o n f u s i o n

r e g a r d i n g t h e use o f t h i s t e r m i n the sources f r o m t h e p e r i o d . A t t i m e s , one m u s t refer t o t h e c o n t e x t i n w h i c h t h e t e r m is used i n o r d e r t o u n d e r s t a n d w h a t is b e i n g r e f e r r e d t o : a g r o u p o f students gathered a r o u n d a master w h o r e g u l a r l y teaches at a g i v e n place; a g r o u p o f students i n some k i n d o f f r a m e w o r k w i t h i n the social c o n t e x t o f the t i m e (e.g. a c o m p a n y o f s c h o l a r s ; s t u d y together

12

a group who

i n t h e synagogue f o l l o w i n g prayers; any

other

f r a m e w o r k o f s t u d y , i n c l u d i n g one s u p p o r t e d b y a w e a l t h y m a n i n his o w n h o m e a n d at his e x p e n s e ; ) o r , f i n a l l y , a m e e t i n g - p l a c e 13

for established T a l m u d i c scholars {talmidei

hakhamim),

who had

I . Z i n b e r g , A History of Jewish Literature, i v ( C i n c i n n a t i and N e w Y o r k , 1974), 3 7 - 9 , already stressed this aspect o f Jewish c u l t u r e i n I t a l y i n the l i n g u i s t i c - g r a m m a t i c a l area. I t seems to me that the picture may be expanded to i n c l u d e all manifestations o f c u l t u r e generally; this particular aspect constitutes one o f the most s t r i k i n g features o f the Jewish renaissance i n I t a l y . See B o n f i l , 'Uniqueness o f the Jewish People'. 1 1

See e.g. L e o n e M o d e n a , Hayyei Yehudah, ed. D . C a r p i ( T e l A v i v , 1985), p. 57: 'Also some y o u n g m e n constituted a yeshivah and a society, and i n order t o earn some pocket-money I w o u l d read to t h e m every day, and o n the Sabbath I w o u l d read some words o f T o r a h and a sermon . . .' Hayyei Yehudah, p. 49: ' I n I y y a r 5354 [1594] the leader K a l o n y m u s Belgrado established a yeshivah and a place o f study i n a garden, and I was at the head o f the sermons . . .' N o t e the stress u p o n ' i n a g a r d e n ' — s i m i l a r to the academies w h i c h were established i n the pastoral atmosphere outside the city! See also i b i d . 97. 1 2

1 3

/. The Socio-Cultural

i8

Background

already mastered the t r a d i t i o n a n d c o n s t i t u t e a k i n d o f collegium o f scholars or jurists. A

number

of

sources

from

the

period under

discussion

w o u l d suggest t h a t the t e r m yeshivah refers t o t h e last o f t h e a b o v e - m e n t i o n e d meanings, b e i n g i n a sense p a r a l l e l t o academia or studium,

i n the sense o f a m e e t i n g place f o r t h e l e a r n e d ,

1 4

w h i l e the use o f t h e t e r m t o refer t o o t h e r s t u d y f r a m e w o r k s is a p p a r e n t l y a freer, b o r r o w e d u s a g e .

15

T h u s , R. E l i j a h

Capsali

(c. 1483-1555), f r o m t h e v a n t a g e - p o i n t o f t h e Ashkenazic yeshivot i n w h i c h he s t u d i e d , saw t h e g r o w t h o f the yeshivot i n I t a l y o c c u r r i n g as the r e s u l t o f m i g r a t i o n o f Ashkenazic students. I n his d e s c r i p t i o n , he w r i t e s : * " T h e n t h e y began t o call u p o n t h e name o f the L o r d " [cf. G e n . 4: 26] i n the l a n d o f I t a l y , a n d t h e y fixed

places o f s t u d y a n d established yeshivot i n every c i t y a n d

t o w n . . . a n d i n those days m a n y s w a m i n t h e sea o f T a l m u d , and knowledge grew . . . '

1 6

R. E l i j a h ( B a h u r ) L e v i t a (1468/9¬

1549) also defined the yeshivah as a place i n w h i c h students s t u d y T a l m u d u n d e r the aegis o f yeshivah heads w h o m he calls presides

academie.

17

(rashei-yeshivah),

T h e t e r m yeshivah is also

translated as academia i n one o f t h e glossaries composed i n the sixteenth c e n t u r y .

1 8

I t is u n c e r t a i n w h e t h e r t h e p e r m i s s i o n g r a n t e d

b y t h e k i n g i n 1466 t o the Jews o f S i c i l y t o o p e n a generate

implied

permission to open

a yeshivah,

studium

which

was

See Assaf, M e k o r o t , i i . 127 ff.; iv. 55; cf. also Breuer, 'ha-Yeshivah ha-Ashkenazit be-Shilhei yemei h a - B e i n a y i m ' [ T h e Ashkenazic Yeshivah at the Close o f the M i d d l e Ages], D o c t o r a l Dissertation (Jerusalem: H e b r e w U n i v e r s i t y , 1967), 23, and n . 7 1 , 72. 1 4

One m u s t still examine the question as t o whether the d i s t i n c t i o n between yeshivat haverim ('collegial yeshivah') and yeshivat bahurim {{yeshivah o f y o u n g u n m a r r i e d students') was a clear one d u r i n g this p e r i o d i n I t a l y or n o t ; cf. Breuer, i b i d . 1 5

1 6

See N . Porges, ' E l i e Capsali et sa c h r o n i q u e de Venise', R E J 79 (1925), 33.

E l i j a h ( B a h u r ) L e v i t a , Sefer Tishby ( I s n y , 1541), s.v. Ravaz, 223-4: ' A n d those w h o spread T o r a h thus were called the masters o f the yeshivah, presides academie, w h o have m a n y students i n the T a l m u d . . .' Cf. i b i d . s.v. Yeshivah, 149-50: ' I e s c h i b a h — l o c u m u b i sunt q u i faciunt i b i acubare seu quiescere legem 36. See e.g. J . C o l o n , Teshuvot Mahari"k (Venice, 1519) sects. 90, 93, 102, 132. E. L e v i t a , Sefer ha-Tishbi ( I s n y , 1541), s.v. haver, 107-8. These remarks were quoted v e r b a t i m by D a v i d de Pomis (1524-93) at the end o f the century i n his Zemah David ( H e b r e w , L a t i n , and I t a l i a n d i c t i o n a r y ) (Venice, 1587), 57b-58a. 1 1

1 2

/. Status

of the Ordained

Rabbi

w i t h the p r o c l a m a t i o n o f his status as Haver u p t o the R e a d i n g

37

w h e n he was called

o f the T o r a h a n d o n every o t h e r occasion

w h e n he was addressed, analogous to the parallel designation o f an i n d i v i d u a l as ' r a b b i ' , w h i c h we shall discuss i n greater detail below. I n the yeshivah itself, t h i s status was expressed b y the i n c l u s i o n o f the o r d a i n e d Haver a m o n g the 'discussant s c h o l a r s ' . I n a c e r t a i n sense, the t i t l e Haver

13

m a y be u n d e r s t o o d as a k i n d

o f u n d e r g r a d u a t e degree, c o n s t i t u t i n g a significant milestone i n an i n d i v i d u a l ' s progress t o w a r d s t h e r a b b i n a t e . I t was u n d e r s t o o d i n this w a y b y the I t a l i a n scholars o f the p e r i o d u n d e r discussion, against t h e b a c k g r o u n d o f a t r a d i t i o n k n o w n f r o m ancient times b o t h i n the Ashkenazic w o r l d a n d i n t h a t o f I t a l i a n

Jewry.

1 4

T h e r e is n o i n d i c a t i o n d u r i n g t h i s p e r i o d o f any f u r t h e r i m p a c t o f the i n s t i t u t i o n o f collegiality o n p u b l i c a n d c o m m u n a l l i f e i n I t a l i a n J e w r y . A s an h o n o r i f i c t i t l e , i t stressed the h i e r a r c h i c a l d i v i s i o n o f J e w i s h society i n t o categories o f l e a r n i n g ; the t i t l e as such also served t o emphasize the i m p o r t a n c e o f t h e o r d a i n e d rabbis w i t h i n t h a t h i e r a r c h y . I t was therefore o n l y n a t u r a l t h a t the changes t h e n o c c u r r i n g i n the v a l u a t i o n o f r a b b i n i c o r d i n a t i o n were paralleled b y s i m i l a r changes i n the v a l u a t i o n o f 'collegial ordination'.

1 5

Moreover,

the appearance o f t h e

title

hakham

t o w a r d s the e n d o f the sixteenth c e n t u r y s h o u l d e v i d e n t l y

be

i n t e r p r e t e d as a r e s t r u c t u r i n g o f t h a t very same h i e r a r c h y t h r o u g h the i n t r o d u c t i o n o f an a d d i t i o n a l r u n g , also reflecting the tendency to s t r e n g t h e n the i m p o r t a n c e o f the o r d a i n e d r a b b i s .

1 6

F r o m a formal, institutional point o f view, rabbinical ordination was therefore a p r o c l a m a t i o n o f the fact t h a t , i n the o p i n i o n o f the o r d a i n i n g i n d i v i d u a l or i n d i v i d u a l s , the person o r d i n a t i o n was a R a b b i n i c scholar (talmid

hakham)

receiving

at the t o p o f

the h i e r a r c h i c a l scale o f J e w i s h l e a r n i n g , a n d therefore capable o f issuing halakhic decisions. T h i s n a t u r a l l y i m p l i e d t h a t t h e one 1 3

See C h . i , Sect. i .

See R. Jacob Israel F i n z i ' s remarks, quoted i n the A p p e n d i x to the H e b r e w e d i t i o n o f this book, D o c u m e n t 3, p. 215, and R. L e o n e M o d e n a ' s comments quoted below, n . 263. C o m p a r e w i t h the text o f the R a b b i n i c o r d i n a t i o n granted to R. Isaac L e v i b y R. Israel Isserlein F r e i m a n n (ed.), Leket Yosher, i i . 88): 'As already several years ago he was ordained b y m y consent to be called b y the title haver, I n o w add t o h i m strength and h o n o u r . . . and he shall be called . . . by the name " o u r Teacher, the R a b b i " \ Cf. also the passage f r o m K l a r (ed.), Megillat Ahima'az, previously cited i n C h . 1, Sect. 1. See R. Benjamin's second argument, Sect. 6 i n this chapter. T h e context o f these changes presumably indicated some sort o f crisis. See C h . 6, Sect. 3. 1 4

1 5

1 6

38

2. Social

Meaning

of Rabbinic

Ordination

so o r d a i n e d deserved those privileges w h i c h J e w i s h society g r a n t e d t o scholars w h o h a d attained t h i s level. T h e respect w h i c h I t a l i a n J e w i s h society g r a n t e d t o its r a b b i n i c scholars d u r i n g t h i s p e r i o d d i d n o t differ i n essence f r o m t h a t w h i c h any o t h e r

medieval

J e w i s h society gave t o its religious scholars. T h e image o f the talmid

hakham,

as seen b y the society w i t h i n w h i c h t h e y l i v e d ,

was one b o t h o f g u i d e a n d s p i r i t u a l leader, as w e l l as an ideal towards w h i c h many a s p i r e d .

1 7

A c e n t u r i e s - o l d t r a d i t i o n v i e w i n g i n t e l l e c t u a l p e r f e c t i o n as the supreme h u m a n ideal n a t u r a l l y led t o the elevation o f the ' M a s t e r s o f T o r a h ' above the masses. A l o n g s i d e t h i s , there existed another v i e w , w h i c h considered action the decisive value f o r the shaping o f h u m a n p e r f e c t i o n : the tension between these t w o p o i n t s o f v i e w was always a c e n t r a l c r u x i n the h i s t o r y o f J e w i s h t h o u g h t .

1 8

H e r e is n o t the place t o discuss at l e n g t h the ways i n w h i c h this tension affected the image o f the people's leader. H o w e v e r ,

we

m a y say t h a t speculation a n d action were c o m b i n e d , albeit i n different

p r o p o r t i o n s , i n every such

talmid-hakham,

ideal image,

so t h a t the

whose actions a n d w i s d o m w o u l d ideally c o m -

p l e m e n t one another, was raised t o a p o s i t i o n o f leadership. O n e m a y take as p a r a d i g m a t i c the f o l l o w i n g statement made b y R. S a m u e l J u d a h K a t z e n e l l e n b o g e n e u l o g i z i n g R. J u d a h M o s c a t o : There are four attributes which ought to be found i n a complete scholar—two pertaining to perfection i n himself, and two pertaining to perfection i n the realm o f his relations w i t h others . . . T h e former are: perfection of intellect and perfection o f deed . . . for the deed is the fruit o f intellectual contemplation, as they said ' I t is not study which is the main thing, but the deed' [Avot 1: 17] . . . and afterwards . . . two attributes which ought to be present i n a scholar pertaining to the perfection i n his relations w i t h others, because i t is the nature o f those who are perfect to influence those around them by their wisdom, to expound [the Torah] i n public and to inform the people o f the laws o f God and H i s statutes i n accordance w i t h the needs o f the t i m e . 1 9

1 7

See the beginning o f C h . 1.

e.g. N . L a m m , Torah li-shemah ha-Dor (Jerusalem, 1972), 101-6. 1 8

be-Mishnat

R. Hayyim

mi-Volozhin

uve-Mafyshevet

Samuel J u d a h Katzenellenbogen, Derashot Maharshi"k (Venice, 1594), S e r m o n 3, 18b-19a. T h e c o m b i n a t i o n o f perfection o f t h o u g h t and o f deed w h i c h are present i n the image o f the scholar, as i t appears i n the eyes o f R. Samuel J u d a h Katzenellenbogen, is so great that he regularly uses the t e r m talmid-hakham as a s y n o n y m for zaddik (i.e. a saint). See, for example, i b i d . S e r m o n 4, 22b, and compare also S e r m o n 5, 6, and 10; see also I . Rosenzweig, Hogeh Yehudi mi-Kez ha-Renessans; Yehudah Aryeh Modena ve-sifro 1 9

/. Status

of the Ordained

Rabbi

39

I n these w o r d s , w h i c h i n t h e f u l l t e x t make h o m i l e t i c a l use o f P s a l m i : 3, we f i n d an echo o f a s i m i l a r statement b y R. O b a d i a h S f o r n o (c. 1470-1550) i n his c o m m e n t a r y t o t h a t same P s a l m , reflecting his o w n u n d e r s t a n d i n g o f t h e s p i r i t u a l leadership o f the n a t i o n . R. O b a d i a h , w h o adhered t o a s t r i c t l y r a t i o n a l i s t i c w o r l d - v i e w , albeit one deeply i n f l u e n c e d b y t h e p r o f o u n d changes affecting

his g e n e r a t i o n ,

20

saw

t h e leadership

e m b o d i e d i n t h e scholars o f each g e n e r a t i o n .

21

o f the

people

I n his eyes, t h e y

e m b o d i e d t h e ideal o f t h e perfect m a n i n t h o u g h t a n d

deed,

p a r t i c u l a r l y i n those areas i n v o l v i n g t e a c h i n g others, p r e a c h i n g , a n d i n d i v i d u a l example. H e n c e , t h e c e n t r a l task w h i c h he assigned t o t h e m i n assuring t h e n a t i o n ' s existence i n exile a n d i n p a v i n g the w a y f o r its r e d e m p t i o n .

2 2

Working from a world-view in

w h i c h t h e sacral c o n s t i t u t e d a v i t a l e l e m e n t ,

2 3

R. O b a d i a h S f o r n o

c o m p a r e d t h e sages o f each generation t o t h e h o l y ark, t o w a r d s w h o m the eyes o f each g e n e r a t i o n were t u r n e d , because ' t h e p u r p o s e o f a l l t h e actions [ i . e . their actions]

is t o h o n o u r t h e i r

C r e a t o r , t o see m a r v e l l o u s t h i n g s f r o m H i s T o r a h , a n d t o resemble Him'.

2 4

H e i n c o r p o r a t e d the s y m b o l i s m o f t h e c o n s t r u c t i o n o f

the ark m e n t i o n e d i n t h e T o r a h i n t h i s i n t e l l e c t u a l c o n s t r u c t : ' " t o m a k e an ark o f w o o d " s y m b o l i z i n g t h e b o d y , w h i c h is easily destroyed; " c o v e r e d w i t h g o l d outside a n d i n " , t o refer t o one w h o is wise i n H i s h o l y T o r a h , w h i c h e n l i g h t e n s his actions a n d the ways o f H i s goodness to others, a n d i n d i c a t i n g t h a t he is identical w i t h i n and w i t h o u t . . , '

2 5

R. O b a d i a h ' s w o r d s here echo t h e r a b b i n i c saying: ' " Y o u shall cover i t w i t h g o l d w i t h i n a n d w i t h o u t " [ E x o d . 25: Midbar

Yehudah

11]—Raba

( M e r h a v i a h and T e l A v i v , 1972), 8 5 - 7 , for discussion o f a similar

approach i n R. Leone M o d e n a ' s t h o u g h t . 2 0

2 1

See R. B o n f i l , 'R. O b a d i a h S f o r n o ' ( H e b . ) , Eshel Be'er Sheva', e.g. his c o m m e n t a r y o n E x o d . 3: 15.

1 (1976), 200-57.

I b i d . n n . 96, 97, and cf. Derashot Maharshi"k, S e r m o n 10, 53b: ' T h e righteous m a n , b y v i r t u e o f his observance o f the c o m m a n d m e n t s and his devotion to the study o f T o r a h . . . becomes another person, d i s t i n c t f r o m others'. These things are said w i t h regard to R. Joseph Caro, f o l l o w i n g R. Samuel J u d a h Katzenellenbogen, according t o w h o m the concept o f 'righteous m a n ' coincided w i t h that o f 'scholar'. O f all R. Caro's qualities, R. Samuel J u d a h saw fit t o emphasize o n l y o n e — n a m e l y , that w h i c h i n c l u d e d 'all perfections, and that he taught m u c h T o r a h and raised m a n y disciples' (Derashot Maharshi"k i b i d . , 56a). 2 2

y

See above, C h . 1, Sects. 2 and 4. O b a d i a h Sforno, Kavvannot ha-Torah 1567), 89a. I b i d . 88a, etc. 2 3

2 4

2 5

(at the end o f his Bfur

ha-Torah)

(Venice,

40

2. Social

Meaning

of Rabbinic

Ordination

said: we learn f r o m t h i s t h a t any sage whose inside is n o t i d e n t i c a l w i t h his outside is n o t considered a sage' ( Y o m a 72^). Nevertheless, his analogy o f the sage to the h o l y ark, c a r r y i n g associations

of

leadership,

its

dignity, and

the p r o t e c t i o n o f the n a t i o n b y

leadership, is m o r e t h a n m e r e l y a r e p e t i t i o n o f ancient

sayings.

I t derives f r o m a specific, w e l l - d e f i n e d ideological o u t l o o k . T h e image i t s e l f reappears

f r e q u e n t l y i n the w o r d s o f o t h e r rabbis

t h r o u g h o u t t h i s p e r i o d , a n d was a r t i s t i c a l l y a r t i c u l a t e d b y p r e a c h ers.

I t was

nevertheless

intended to strengthen

public

con-

sciousness o f t h i s idea, u p o n w h i c h depended t h e i r respect for the

r a b b i s , i n c l u d i n g the preachers.

example,

made

use

o f this imagery

R.

Judah

Moscato,

i n eulogizing

R.

for

Moses

Provenzali: ' u p o n the r e m o v a l o f the ark o f G o d ' [cf. 1 Sam. 4: 21] f r o m t h e c o m m u n i t y .

2 6

T h e sages are described there as ' t h e

central p i l l a r s u p o n w h i c h the house stands'. T h e w h o l e image is based u p o n an o u t l o o k a c c o r d i n g to w h i c h : . . . just as those circumstances i n which Israel enjoys an honourable position are not dependent upon the splendour of the government or of the mundane rulership, but only upon the perfection of T o r a h and of true wisdom, so must its decline and dishonour be understood, not i n relation to its temporary lack o f sovereignty, but i n terms o f its lack of knowledge and its catastrophic plummet into the depths o f foolishness. T h u s , a c c o r d i n g t o M o s c a t o , t h e c o n d i t i o n o f the n a t i o n i n exile, l a c k i n g p o l i t i c a l independence, calls f o r a stress u p o n the decisive i m p o r t a n c e o f the T a l m u d i c sage f o r the very a t t a i n m e n t o f its aims w h i c h , to h i m , belong exclusively t o the r e a l m o f s p i r i t .

2 7

O n e f u r t h e r p o i n t w i l l suffice to make t h i s clearer. R. M o r d e c a i D a t o ( 1 5 2 5 - 1 5 9 1 / 1 6 0 1 ) — w h i l e e m p h a s i z i n g t h e Messianic m e n t i n J e w i s h t h o u g h t , as w o u l d be expected

ele-

of a Kabbalist

J u d a h Moscato, Sefer Nefuzot Yehudah (Venice, 1889), Sermon 33. Cf. K a t z e n ellenbogen, Derashot Maharshi"k, S e r m o n 7, 39a. Cf. the remarks o f the Ga'on R. Samuel b . E l i ( i n S. Assaf, Tekufat ha-Ge'onim ve-Sifrutah (Jerusalem, 1967), 58, w h i c h were certainly n o t k n o w n t o R. J u d a h Moscato: 'and as for the k i n g , they chose h i m because they needed someone to go before t h e m i n battle and war, and i n the t i m e o f the exile they do n o t have [a k i n g n o r ] wars, nor any o f the things w h i c h require a k i n g , and they have no need b u t for someone w h o w i l l guide t h e m and make t h e m understand and teach t h e m the commandments o f their law and judge their judgements and rule for t h e m i n halakhah.' T h i s appears to be an additional expression o f the c o n t i n u i t y o f ideas f r o m the w o r l d o f the Babylonian academies t h r o u g h the w o r l d o f the European sages, w h o demanded for themselves a position o f leadership i n accordance w i t h what has been said i n C h . 1, Sect. 1. 2 6

2 7

/. Status

of the Ordained

Rabbi

4i

w h o h a d s t u d i e d i n Safed—expressed the i d e n t i c a l idea i n his c o m m e n t a r y t o Ezekiel 34: 2: ' A n d the word o f the L o r d was w i t h me, saying, prophesy to the shepherds o f Israel' . . . T h e shepherds o f Israel are t w o — t h e kings and the Sages. T h e task o f the kings is to see to the needs o f Israel i n this world, while the Sages tend to their needs concerning the W o r l d to Come. T h e one is a temporal shepherd, the latter, a spiritual shepherd . . . likewise i n Exile, the shepherds o f the Exile [communities] are two: the wealthy and the learned . . . ' 2 8

T h e w e a l t h y are m e n t i o n e d because o f t h e i r r e s p o n s i b i l i t y f o r the physical existence o f the exiled n a t i o n , s u p p l y i n g its

members

w i t h t h e f u n d s necessary t o i n s u r e t h e i r settlement r i g h t s a n d t o meet the taxes i m p o s e d u p o n the c o m m u n i t y as a w h o l e , as w e l l as t o s u p p o r t c o m m u n a l i n s t i t u t i o n s , w h i l e the learned were seen as the nation's s p i r i t u a l leadership. A s we shall see, the statements c i t e d here were a r t i c u l a t e d b y scholars r e p r e s e n t i n g t h e m a i n streams o f J e w i s h t h o u g h t i n I t a l y t h r o u g h o u t the p e r i o d u n d e r discussion. T h e y w o u l d therefore seem sufficient p r o o f t h a t the image o f the r a b b i n i c scholar

was

seen i n I t a l y as an ideal t o be e m u l a t e d b y every Jew. T h a t image i m p l i e d the r i g h t t o a p o s i t i o n o f leadership

within a

society

w h i c h n o t o n l y recognized t h i s r i g h t , b u t saw i t as s t r e n g t h e n i n g its v e r y f o u n d a t i o n s . W i t h i n t h i s f r a m e w o r k , one o u g h t also t o m e n t i o n the influence o f the general

environment, within

the n o n - n o b l e i n t e l l e c t u a l approached

whose social

frameworks

the pedigreed

nobility,

2 9

c o n f o r m i n g t o the m e d i e v a l t r a d i t i o n w h i c h saw i n l e a r n i n g a means o f a t t a i n i n g h u m a n p e r f e c t i o n a n d the happiness to w h i c h every person was d e s e r v i n g — L a felicita come huomo.

so

che si conviene

aThuomo

W i t h i n J e w i s h society t h i s atmosphere

certainly

c o n t r i b u t e d to the g r a n t i n g to r a b b i s , even o f h u m b l e o r i g i n , an e q u i v a l e n t status to t h a t o f the w e a l t h y families. M o r d e c a i D a t o , 'Derashot I I ' , M S B r i t i s h M u s e u m A d d . 27007, 2a, Sermons o f R. M o r d e c a i D a t o , I M H M 5686 and M a r g o l i o u t h Cat. 381. I n his comments reflecting the fashioning o f the sacral understanding o f the r a b b i i n I t a l y as a s p i r i t u a l leader o n l y , R. M o r d e c a i D a t o gives f u r t h e r expression to the i m p a c t o f the C h r i s t i a n outlook and its t e r m i n o l o g y (potere temporale as against pot ere spirituale). 2 8

2 9

See J . B u r c k h a r d t , The Civilisation

of the Renaissance

in Italy

( N e w Y o r k , 1958),

360. A . P i c c o l o m i n i , Delia istituzione delPuomo nato nobile e in Citta Libera (Venice, 1542), 2; cf. P. F . G r e n d l e r , ' T h e Rejection o f L e a r n i n g i n m i d - C i n q u e c e n t o I t a l y ' , Studies in the Renaissance, 13 (1966), 230 ff. 3 0

2. Social

42

Meaning

of Rabbinic

Ordination

O n e m a y learn m o r e a b o u t this f r o m an u n u s u a l q u e s t i o n asked at this t i m e i n G e r m a n y c o n c e r n i n g w h e t h e r or n o t one b o r n o u t o f w e d l o c k m i g h t be a p p o i n t e d t o the rabbinate. I n a r e s p o n s u m c o n t a i n i n g m o r e i n t e r e s t i n g details, R.

Samuel Judah

ellenbogen also addressed h i m s e l f t o t h i s question. Judah

R.

KatzenSamuel

d i d n o t accept the v i e w o f the Ashkenazic rabbis,

t r a n s m i t t e d b y R.

M o s e s Isserles (c.

1525/30-1572), t h a t

as one

o u g h t n o t to o r d a i n a bastard ' n o t [because i t is f o r b i d d e n ] the L a w , b u t because i t is a degradation

by

t o the T o r a h , because

such a one is h e l d i n c o n t e m p t b y p e o p l e ' .

3 1

R. S a m u e l J u d a h

answered R. Isserles: I have already written to Your honour that I am i n agreement i f you are of the opinion that he [i.e. this specific person] is not worthy of bearing that title, as that truly is the case. But i f you wish to say that it is an insult to the Torah to ordain one who is blemished i n this manner, i n my opinion one born out of wedlock is no worse than a proselyte, and yet how many proselytes have we found among the tannaim and amoraim [i.e. Mishnaic and Talmudic Sages]\ The sages already said (Horayot 3: 8): 'a bastard [i.e. one born of an incestuous union] who is a Sage takes priority over an ignorant H i g h Priest'. I know that you may argue that a proselyte is considered like a new-born child, and is therefore preferable to an illegitimate child, and that even though a bastard who is a sage takes priority over an ignorant H i g h Priest, he still may not be called up to the Reading of the Torah w i t h the title 'rabbi', but the t r u t h peeks through from every side . . . Be that as it may, i t is my way, that of fools, to speak against kings without shame . . . but heaven forfend that I should disagree w i t h the conclusion o f your righteous court. A n d already eight days ago I received an epistle . . . from the litigant himself, filled w i t h dross and scum, and after I saw your statement I decided not to answer h i m . 32

3 3

I t was d i f f i c u l t i n p r i n c i p l e for R. K a t z e n e l l e n b o g e n t o accept the statement t h a t one o u g h t n o t t o o r d a i n one w i t h a b l e m i s h o f this sort o n account o f the T o r a h ' s h o n o u r , even t h o u g h aware o f the p r o b l e m s associated w i t h the subject a n d a sense t h a t , w i t h i n the f r a m e w o r k o f an academic discussion, one m i g h t argue against his reservations. H o w e v e r , as o n the basis o f the i n f o r m a t i o n available t o h i m the i n d i v i d u a l i n v o l v e d d i d n o t Moses Isserles, Teshuvot ha-RaMA, ed. A . Siev (Jerusalem, 1971), sect. 24, p. 147. Based o n Pss. 49: 14; 119: 46. T h a t is to say: b y m y nature I tend to enter i n t o dispute w i t h people greater than myself, b u t o n l y i n theory and n o t i n practice. Teshuvot ha-Rama, sect. 69, p. 300, w i t h references. 3 1

3 2

3 3

/. Status

of the Ordained

Rabbi

43

deserve t h e ' c r o w n o f T o r a h ' , R. S a m u e l J u d a h r e a d i l y agreed w i t h t h e decision o f the Ashkenazic sages i n practice. O n e s t r o n g l y feels here

t h e tension

between,

o n t h e one h a n d ,

his o w n

conscience a n d u n d e r s t a n d i n g as a scholar, l o y a l t o t h e p r i n c i p l e t h a t t h e T o r a h u p l i f t s those w h o s t u d y i t a n d , o n t h e other h a n d , the social r e a l i t y i n w h i c h a person o f d o u b t f u l ancestry

was

'taken l i g h t l y b y others'. C e r t a i n l y , people placed l i m i t s o n t h e i r w i l l i n g n e s s t o elevate learned m e n socially despite t h e i r h u m b l e origin;

they

accordingly

disapproved

o f the ordination o f a

' b l e m i s h e d one'. A s w e have already n o t e d , t h e i m m e d i a t e p r a c t i c a l expression

o f o r d i n a t i o n was t h a t one was called t o t h e T o r a h

b y t h e t i t l e ' r a b b i ' — t h a t is t o say, t h e h i e r a r c h i c a l o r d e r o f J e w i s h society was r e s t r u c t u r e d i n favour o f t h e a d v a n c e m e n t o f t h e o r d a i n e d . I n t h e case o f t h e ' b a s t a r d ' , t h i s r e s t r u c t u r i n g was perceived

as q u i t e

simply

t u r n i n g things

upside-down.

The

reluctance t o accept such an extreme consequence o f t h e general r u l e is therefore u n d e r s t a n d a b l e . the fact t h a t t h i s extreme

H o w e v e r , precisely because o f

case was perceived

as a necessary

e x c e p t i o n t o t h e r u l e , i t is i l l u m i n a t i n g f o r o u r u n d e r s t a n d i n g o f the r u l e i t s e l f .

3 4

T h a t r u l e was t h a t t h e declaration o f an i n d i v i d u a l

as a sage i n v o l v e d a c e r t a i n ascent o n t h e social ladder. O n e need n o t a d d t h a t t h i s was t r u e even i f a p a r t i c u l a r scholar were already w e a l t h y o r t h e scion o f a prestigious f a m i l y . T h i s b e i n g t h e case, i t w o u l d seem t h a t t h e first families o f I t a l i a n J e w r y practised a c u s t o m s i m i l a r t o t h a t widespread i n t h e Christian

w o r l d , i n w h i c h at least one o f t h e sons o f each

prominent

family

knowledge

o f the family background

attempted

t o enter

the p r i e s t h o o d . o f many

Italian

3 5

Our

Jewish

scholars is s t i l l f r a g m e n t a r y , a n d does n o t a l l o w f o r d e f i n i t i v e conclusions o n t h i s subject. Nevertheless, a f e w i n d i v i d u a l cases will

suffice

t o c o n f i r m t h e tendency:

f r o m the wealthy and

prestigious M o d e n a f a m i l y , R. S o l o m o n M o d e n a was o r d a i n e d t o the R a b b i n a t e ; R.

Yehiel

36

f r o m t h e b a n k i n g f a m i l y da Pisa, t h e w e l l k n o w n

N i s s i m da Pisa; w h i l e , o f t h e f o u r sons o f Isaac

See n . 98 i n this chapter. T h e r e is n o d o u b t that this i m p l i e d an a t t e m p t t o gain a position w i t h i n the frameworks o f t h e C h u r c h , due to their importance w i t h i n t h e complex o f p o l i t i c a l a n d social tensions. A c o m m o n expression i n I t a l y even i n o u r o w n day is beat a que 11a casa in cui c e una chierica rasa. 3 4

3 5

y

3 6

See the H e b r e w e d i t i o n o f this book, D o c u m e n t 6, p . 320.

44

2. Social

Meaning

of Rabbinic

Ordination

B e r e c h i a h da F a n o , R. M e n a h e m A z a r i a h da F a n o was o r d a i n e d . F u r t h e r examples m i g h t easily be added.

2. T H E D E M A N D FOR S T A T U S

O n c e i t h a d been declared, t h r o u g h t h e act o f o r d i n a t i o n , t h a t a g i v e n i n d i v i d u a l h a d a t t a i n e d the level o f a learned scholar a n d the t i t l e o f ha-Rav,

i t was o n l y n a t u r a l t h a t t h i s i n d i v i d u a l seek

a place i n society a p p r o p r i a t e t o his n e w status. O r d i n a t i o n i t s e l f served as the f o r m a l j u s t i f i c a t i o n f o r the d e m a n d for privileges. Towards

the e n d o f t h e p e r i o d u n d e r discussion, R.

Judah Katzenellenbogen,

Samuel

c i t i n g the w o r d s o f R. S o l o m o n

ben

A d r e t o f Barcelona (c. 1235-^. 1310), r u l e d t h a t a scholar

who

demands the r i g h t s a n d privileges due t o h i m as a r a b b i asks n o m o r e t h a n 'his p o r t i o n o f the i n h e r i t a n c e a n d legacy, l i k e a priest (kohen)

asking for t h e p r i e s t l y t i t h e s w h o , i n a place w h e r e he is

u n k n o w n , m a y s i m p l y announce h i m s e l f as s u c h ' .

Furthermore,

3 7

w h a t the scholar was asking as his due was n o s m a l l m a t t e r f o r , a c c o r d i n g t o R. K a t z e n e l l e n b o g e n , ' t h e Scholar is t h e choicest o f all creations, a n d a l l others are g i v e n t o h i m as s e r v a n t s ' .

38

In

his v i e w , a l l the sources s u p p o r t the c o n c l u s i o n t h a t those w h o k n o w a g i v e n person t o be a scholar are ' w i t h o u t d o u b t r e q u i r e d to p u b l i c i z e t h i s fact . . . T h i s is the reason f o r t h e o r d i n a t i o n practised a m o n g us i n a l l l a n d s . ' zenellenbogen had

been

perspective

3 9

I n his c o m m e n t s , R.

Kat-

relates concisely t o the ways i n w h i c h o r d i n a t i o n

understood i n previous

generations,

from

his

own

at t h e e n d o f the s i x t e e n t h c e n t u r y , w h e n i t h a d

become a clearly defined i n s t i t u t i o n . What R. Isaac ben Sheshet (14th century) has w r i t t e n concerning the reason for ordination, namely, that i t was instituted because i t is forbidden for a scholar to rule on legal matters during the lifetime o f his master without his permission . . . and that ordination constitutes the act o f granting permission to the disciples to instruct—this reason is inadequate, except i n the case o f a disciple who is ordained by his principal teacher, and even then only i n the case o f rabbinical ordination, in which he is granted permission to rule on legal matters, but not i n 40

3 7

3 8

4 0

Derashot

Maharshf'k,

S e r m o n 4, 23a.

I b i d . S e r m o n 5, 25b. Isaac b . Sheshet, Teshuvot

I b i d . S e r m o n 4, 23a. ha-Ribash ( V i l n a , 1879), sect. 271. 3 9

2. The Demand for

Status

45

the case o f 'collegia!' ordination (haverut). Rather, one may argue that, according to the view of R. Isaac ben Sheshet, the main reason for ordination from the very outset was to grant permission from the master to his disciple, allowing h i m to pass judgement, and that i t was afterwards extended even to those situations i n which one d i d not need permission, as well as to the case o f 'collegial' ordination (haverut), i n which no permission to teach is granted.. But the reason which I have given as my opinion seems more correct, and is sufficient [explanation] for ordination i n general. 41

Katzenellenbogen

expressed these o p i n i o n s w i t h a s t r a i g h t -

forwardness suitable to the s o l e m n occasion o f the o r d i n a t i o n at w h i c h t h i s s e r m o n was d e l i v e r e d , i g n o r i n g the c o m p l e x

prob-

lematics i m p l i c i t i n his w o r d s . F o r t h a t reason, this sage n e i t h e r addressed h i m s e l f t o , n o r answered, the q u e s t i o n o f the status o f an i n d i v i d u a l w h o has been o r d a i n e d a n d t h e r e b y p r o c l a i m e d as a scholar, b u t t o w h o m the c o m m u n i t y denies those privileges t o w h i c h he s h o u l d have been e n t i t l e d b y v i r t u e o f his o r d i n a t i o n . I n other w o r d s : does the act o f o r d i n a t i o n , i n i t s e l f a f o r m a l , i n s t i t u t i o n a l act, c a r r y a substantive value b y w h i c h its h o l d e r a u t o m a t i c a l l y gains a u t h o r i t y a n d status w i t h i n the c o m m u n i t y i n his o w n r i g h t , or are b o t h the status a n d the o r d i n a t i o n c o n d i t i o n a l u p o n o t h e r factors, such as c o m m u n a l opinion? A sharp debate raged a r o u n d t h i s p o i n t , b e g i n n i n g n o later t h a n the generation o f R. Isaac ben S h e s h e t . this

debate

determined

42

T h e a p p l i c a t i o n o f the conclusions both

the

content

and

the

of

practical

i m p l i c a t i o n s o f the r a b b i n i c t i t l e . T w o clear pieces o f evidence m a y be c i t e d for the existence o f this d i s p u t e i n I t a l y at the b e g i n n i n g o f o u r p e r i o d : the c o m m e n t s o f R. B e n j a m i n o f M o n t a l c i n o

4 3

i n the c o n t r o v e r s y

the edicts o f R. J u d a h Messer L e o n ,

4 4

concerning

and the lengthy r u l i n g by

R. J u d a h son o f R. D a v i d Messer L e o n (c. 1470/2-1526), e n t i t l e d Kevod 4 1

Hakhamim,

Derashot

Maharshi"k,

i n the wake o f a c o n t r o v e r s y

in

Valona.

4 5

S e r m o n 4, 23a.

O n the emergence o f this problematic i n terms o f t w o conflicting tendencies w h i c h acted as a d y n a m i c m o m e n t i n the development o f the i n s t i t u t i o n o f o r d i n a t i o n , see Breuer, 'Ashkenazic O r d i n a t i o n ' , 17-18. See U . Cassuto, Gli ebrei a Firenze (Florence, 1918), index, and esp. 191-4. F o r a comprehensive b i b l i o g r a p h y o f this controversy, see D . C a r p i , 'R. J u d a h Messer L e o n and his A c t i v i t y as Physician' ( H e b . ) , Mikhael; Me''asef le-Toldot ha-Yehudim ba-Tefuzot ( T e l A v i v , 1973), 2 7 9 - 8 1 . See also R. B o n f i l , ' I n t r o d u c t i o n to Nofet Zufim (Jerusalem, 1981), 7-53. See D . T a m a r , ' O n R. D a v i d Messer L e o n ' s Kevod Hakhamim' ( H e b . ) , KS 26 (1950), 96-100. 4 2

4 3

4 4

4 5

46

2. Social

Meaning

of Rabbinic

Ordination

R. B e n j a m i n o f M o n t a l c i n o m a r s h a l l e d three a r g u m e n t s o n b e h a l f o f the v i e w t h a t o r d i n a t i o n does n o t possess substantive

value

m a k i n g i t a source o f a u t h o r i t y a n d r u l e r s h i p over t h e c o m m u n i t y . T h e first a r g u m e n t : Even though he [R. Judah Messer Leon] was properly ordained as a rabbi by virtue o f his being learned i n the T a l m u d . . . [he may not claim the authority which the T a l m u d . . . attributes to ordained rabbis because] i t was interpreted that this [only] holds t r u e '[when] the House o f Israel are dwelling upon their l a n d ' . . . but as we have neither king nor prince i n the L a n d of Israel, by whose power the elders are appointed, how can one accept appointments from one who lacks the authority to either appoint or to ordain? A n d i f this power was retained by the exilarchs i n Babylonia. . . how am I to know i f they still exist, and i f he [R. Judah Messer Leon] was appointed by their authority? 4 6

4 7

48

T h a t is t o say: there is n o c e n t r a l a u t h o r i t y i n t h i s day analogous to the p r i n c e or k i n g i n Eretz-Yisrael, to the B a b y l o n i a n exilarchate.

n o r even a n y t h i n g s i m i l a r

Therefore,

there is n o way i n

w h i c h o r d i n a t i o n can serve as an i n d e p e n d e n t source o f a u t h o r i t y . R. B e n j a m i n ' s second a r g u m e n t is t h a t even d u r i n g T a l m u d i c times: There was no greatness or power conferred by dint of ordination, but only that [the one ordained] was able to judge by himself [i.e. without a court of three] and was exempt from paying [compensation i n the event of judicial error] . . . But one may not promulgate edicts without the agreement o f those upon whom they are imposed, even as a temporary measure, for such a power was only granted to the kings o f Israel, and subsequently to the Great Court [i.e. the Sanhedrin] i n Jerusalem . . . [Thus] i f Maimonides wrote . . . that the punishments are delegated to them, indicating that the Court may give corporal and other punishments beyond the [letter of the] law as an emergency measure . . . he has also specified to which court or judge he was referring—namely, those ordained by the Great Court i n the L a n d o f Israel or the exilarchs i n Babylonia . . . I n any event, he wrote that even the permission o f the exilarch cannot [convey judicial authority] to one who is not an expert . . . H o w much more so today, when there is no exilarch and none who may be considered 'expert', that we may not issue punishments or 4 6

Jerusalem T a l m u d , B i k k u r i m 3: 3.

Based o n Ezekiel 36: 17. T h i s verse is i n t e r p r e t e d i n the Jerusalem T a l m u d , i b i d . , as i n d i c a t i n g that one may n o t o r d a i n rabbis outside the L a n d o f Israel. Divrei Rivot, 4. 4 7

4 8

2. The Demand for

Status

47

confiscate property save by [order of] those whom the members o f the community have accepted over themselves, and w i t h written [authorization] o f one o f the Gentile kings . . . 4 9

T h a t is t o say, the lack o f a c e n t r a l a u t h o r i t y , as a r e s u l t o f w h i c h o r d i n a t i o n n o longer i n d e p e n d e n t l y confers a u t h o r i t y , creates t h e need t o invest a u t h o r i t y solely b y t h e agreement o f t h e c o m m u n i t y and o f the non-Jewish rulers. R.

Benjamin's

third

argument

was

t h a t t h e status

o f the

o r d a i n e d scholar is v a l i d o n l y i n his o w n c i t y . O n e w h o wishes t h a t his decisions be accepted

elsewhere can d o n o m o r e t h a n

'present t h e m a n d f u l f i l t h e m b y b e c o m i n g the master o f m a n y students f r o m d i f f e r e n t places, so t h a t , i f t h e y spread t h e i r master's decisions t h r o u g h t h e i r sermons or via t h e i r disciples, t h e y m a y u l t i m a t e l y cause a l l I s r a e l to o b e y — b u t t h a t goal s h o u l d c e r t a i n l y n o t be reached b y c u r s i n g a n d b a n n i n g those w h o d o n o t s t u d y T o r a h f r o m h i m or fail t o s u b m i t t o his a u t h o r i t y ' .

5 0

R. B e n j a m i n ' s statements are r e i n f o r c e d b y t h e fact t h a t we f i n d the t e x t o f his o w n o r d i n a t i o n b y various p r o m i n e n t scholars at the e n d o f t h i s p a m p h l e t .

5 1

I n t e r e s t i n g l y e n o u g h , a l l those w h o

o r d a i n e d R. B e n j a m i n came f r o m F r e n c h c i r c l e s .

52

One

may

conjecture t h a t R. B e n j a m i n s i m p l y gave expression here t o t h e d o m i n a n t o p i n i o n i n F r e n c h r a b b i n i c circles. S u p p o r t f o r t h i s 4 9

ibid.

I b i d . 4 - 5 . E v e n i f one claims that this alludes t o the fact that disciples are subject to t h e i r teachers, i t is clear that this refers t o actual disciples, and n o t t o the broader p u b l i c . F r o m the r a b b i n i c statements cited b y R. B e n j a m i n , one may infer that he does n o t specifically refer to the r e s t r i c t i o n o f the rabbi's a u t h o r i t y to a specific place, b u t t o the appropriate way o f f u l f i l l i n g this a u t h o r i t y , i n accordance w i t h an earlier Jewish tradition. 5 0

5 1

I b i d . 12-14.

O n R. Jacob h a - L e v i , one o f the F r e n c h scholars w h o m o v e d to I t a l y f r o m C h a m b e r y d u r i n g the first h a l f o f the 15th c e n t u r y , see M . M o r t a r a , Indice alfabetico (Padua, 1886), 33; H . Gross, Gallia Judaic a (Paris, 1897; repr. A m s t e r d a m , 1969), 597-8; H . M e r h a v y a h , ' A S p a n i s h - L a t i n M a n u s c r i p t C o n c e r n i n g the O p p o s i t i o n t o the T a l m u d i n the B e g i n n i n g o f the 15th C e n t u r y ' ( H e b . ) , KS 45 (1970), 593. O n M e i r L o a n s , see Gross, Gallia Judaica, 272. R. S o l o m o n b . G a b r i e l Strossburg is evidently identical w i t h R. S o l o m o n 5 2

T a r s h b u r g (Strasbourg), w h o also m i g r a t e d f r o m C h a m b e r y t o I t a l y i n the first h a l f o f the 15th century (see M e r h a v y a h , ' A S p a n i s h - L a t i n M a n u s c r i p t ' ) . Various F r e n c h scholars w i t h this f a m i l y name l i v e d i n I t a l y i n the second h a l f o f that c e n t u r y , and i t w o u l d seem likely that they all belonged to one f a m i l y . O n R. A a r o n Strossburg and his sons, R. G a b r i e l and R. Joseph H a y y i m , see R. N . R a b i n o w i t z , Ma'amar 'al Hadpasat ha-Talmud; Toldot Hadpasat ha-Talmud, ed. A . M . H a b e r m a n n (Jerusalem, 1965), index. O n R. Joseph H a y y i m , see also A b r a h a m Fuchs, ' O p p o s i n g A t t i t u d e s to the Her em ha-Yishuv i n the 15th C e n t u r y ' ( H e b . ) , Zion, 37 (1972), 186 and n . 23.

48

2. Social

Meaning

of Rabbinic

Ordination

v i e w appears i n the o p i n i o n o f R. Joseph C o l o n (c. 1 4 2 0 - 8 0 ) , the greatest F r e n c h scholar i n I t a l y d u r i n g R. B e n j a m i n ' s day. W h i l e his discussion revolves p r i m a r i l y a r o u n d the q u e s t i o n o f the r e l a t i o n s h i p between the o r d a i n e r a n d the o r d a i n e d ( t o w h i c h we shall later r e t u r n ) , even a superficial r e a d i n g o f his w o r d s demonstrates t h a t o r d i n a t i o n per se is o f n o substantive value i n his eyes, b u t is a p u r e l y f o r m a l a n d p u b l i c act. H e clearly states t h a t the p e r m i s s i o n t o decide halakhic matters received b y the ordainee is n o t analogous t o t h a t issued b y t h e e x i l a r c h , a n d t h a t o n l y the latter conveys j u d i c i a l a u t h o r i t y a u t o n o m o u s l y (i.e. w i t h the l i t i g a n t s ' agreement). 5 3

Even i n the early generations, and even at the time o f the tanndim [whose ordination carried the implication that its recipient was a 'public expert'], ordination was not like receiving permission from the exilarch . . . As Maimonides wrote . . . ' I f this was the case o f a judge who had received permission from the exilarch, or who had not received such permission, but was accepted by [both] litigating parties' . . . which clearly indicates that being considered as an 'expert' and 'receiving permission' are two separate things . . . certainly ordination is not as efficacious as receiving permission . . . and how much more so ordination as practised today, i n our great sinfulness . . . 5 4

I n R. Joseph Colon's remarks we

find

several o f the

elements

present i n the first t w o a r g u m e n t s presented b y R. B e n j a m i n o f M o n t a l c i n o . I t therefore f o l l o w s t h a t i t is h a r d l y c o i n c i d e n t a l t h a t Colon—who

c e r t a i n l y cannot be characterized

a d m i r e r s o f R. B e n j a m i n o f M o n t a l c i n o ,

5 5

as one o f t h e

as he opposes h i m b o t h

sharply a n d extensively i n nearly every sentence o f his halakhic discussion o f t h e edicts o f Messer L e o n — w a s

c o m p l e t e l y silent

a b o u t R. B e n j a m i n ' s statements p e r t a i n i n g to o r d i n a t i o n a n d its significance.

56

W e m a y , perhaps, speculate t h a t the very w o r d i n g

M o s t o f R. Joseph Colon's remarks o n the subject o f o r d i n a t i o n appear i n his responsa, Teshuvot Mahari"k, sect. 117, 169, and i n Pines (ed.), She*elot u-Teshuvot u-Piskei Maharfk ha-Hadashim (Jerusalem, 1970), sect. 40. Teshuvot MaharFk ha-Hadashim, sect. 40, 178-9. T h e b e g i n n i n g o f the responsum was p r i n t e d by S. Assaf i n Minhah le-David: Sefer ha-Yovel le-David Yellin (Jerusalem, 1935), 222. O n the inaccuracies i n the e d i t i o n according to w h i c h i t is quoted here, see the c r i t i c i s m b y J . Y u d l o v , Sinai, 67 (1970), 321-3, esp. 322. 5 3

5 4

I n another context, C o l o n w r o t e o f h i m : ' W h o has t o l d h i m that he is m y colleague, to the extent that I am not allowed to p e r m i t what he has forbidden? E v e n t h o u g h I k n o w m y o w n shortcomings . . . i n any event i n m y o p i n i o n he is n o t m y colleague, for behold he errs!' Teshuvot Mahari"k, sect. 171. Teshuvot Mahari"k ha-Hadashim, sec. 49, 229-252. 5 5

5 6

2. The Demand for

Status

49

o f the r a b b i n i c t i t l e i n R. B e n j a m i n ' s o w n o r d i n a t i o n — i . e . Rav, a n d n o t Morenu ha-Rav—is an expression o f the difference i n a p p r o a c h between the G e r m a n a n d the F r e n c h s c h o l a r s . Our k n o w l e d g e o f the F r e n c h w o r l d o f l e a r n i n g is s t i l l v e r y p o o r , a n d i t m a y be r a t h e r f a r - f e t c h e d t o d r a w a general c o n c l u s i o n f r o m a single o b s e r v a t i o n , as opposed to the general h i s t o r i o g r a p h i c t r e n d o f c o n s i d e r i n g F r a n c e a n d G e r m a n y as one a n d the same Ashkenazic w o r l d . Nevertheless, there m a y be a c o n n e c t i o n between t h i s speculation a n d the o p i n i o n o f the o p p o n e n t s o f Ashkenazic o r d i n a t i o n , as a r t i c u l a t e d i n the w o r d s o f t h e i r Sephardic c h a m p i o n , R. Isaac b . Sheshet. A s we have stated above, a n d as m a y be seen b y analysing his concept o f o r d i n a t i o n , R. Isaac s u p p o r t e d those F r e n c h circles w h o d i d n o t attach substantive value to i t . T h e s e circles therefore saw n o reason t o define the r e l a t i o n s h i p between the o r d a i n e d r a b b i a n d the c o m m u n i t y as one o f master a n d disciple, w h i c h w o u l d have g i v e n substance t o the t i t l e Morenu—'our t e a c h e r ' — a n d justified the c o m m u n i t y ' s s u b o r d i n a t i o n t o the a u t h o r i t y o f the o r d a i n e d scholar. 57

5 8

I n d e e d , there seems t o have been a d i a m e t r i c a l l y opposed o u t l o o k , w h i c h was e v i d e n t l y p a r t i c u l a r l y p r e d o m i n a n t a m o n g Ashkenazic circles i n I t a l y d u r i n g the latter h a l f o f the f i f t e e n t h c e n t u r y . A n expression o f such a c o n c e p t i o n m a y be seen i n R. D a v i d son o f Messer L e o n ' s l e n g t h y discussion i n Kevod Hakhamim. T h i s oeuvre is a detailed r e s p o n s u m , dealing w i t h the c o n t r o v e r s y w h i c h arose at the b e g i n n i n g o f the s i x t e e n t h c e n t u r y i n V a l o n a c o n c e r n i n g the m e a n i n g a n d i m p l i c a t i o n s o f s u b o r d i n a t i n g a c o m m u n i t y t o the a u t h o r i t y o f a r a b b i w h o was n o longer a p p o i n t e d b y i t . R. D a v i d devoted a considerable p o r t i o n o f t h i s w o r k t o an e x a m i n a t i o n o f the concept o f o r d i n a t i o n i n his d a y . H i s w o r d s were expressed i n the c o n t e x t o f a p o l e m i c w i t h some Sephardic rabbis w h o c o m p l e t e l y negated the value o f ordination and mocked i t . R. D a v i d h i m s e l f a d m i t s t h a t , f o l l o w i n g the desuetude o f o r d i n a t i o n i n the L a n d o f I s r a e l , t h e 5 9

6 0

T h e procedures for o r d i n a t i o n practised b y the F r e n c h rabbis have n o t been studied to date, and as far as I k n o w no o r d i n a t i o n documents f r o m F r e n c h sources have been published. 5 7

See Breuer, 'Ashkenazic O r d i n a t i o n ' , 17-18. Kevod Hakhamim, 54 ff. R. D a v i d was ordained i n the yeshivah o f R. J u d a h M i n z ( i b i d . 64). 5 8

5 9

6 0

See Breuer, 'Ashkenazic O r d i n a t i o n ' , 29-30.

50

2. Social Meaning of Rabbinic Ordination

o r d i n a t i o n practised i n his day o u g h t n o t t o be seen as a ' t r u e ' or ' a u t h e n t i c ' o r d i n a t i o n . Nevertheless, w h i c h saw

o r d i n a t i o n as practised

'agency' o f the 'early

forefathers',

r e l y i n g u p o n an o p i n i o n

i n Babylonia 61

as an act

of

he m a i n t a i n s t h a t 'even

t h o u g h there is n o o r d i n a t i o n today a n d n o one [ w o r t h y o f b e i n g ] ordained . . .

we r e l y u p o n the early ones, w h o i n t h e i r day

practised o r d i n a t i o n . . .

i n the L a n d o f Israel. T h r o u g h t h e i r

a u t h o r i t y t o o r d a i n , t h e y [as i t w e r e ] . . . o r d a i n e d w h o m e v e r t h e y saw

generation a n d every

time,

a c c o r d i n g to the p r o c e d u r e r e c o r d e d i n the T a l m u d . . . '

as w o r t h y o f such,

i n every

This

6 2

b e i n g so, c o n t e m p o r a r y o r d i n a t i o n is m o r e t h a n s i m p l y a 'vestige o f [ a n c i e n t ] o r d i n a t i o n ' , b u t is invested

w i t h substantive, i n -

d e p e n d e n t value b y v i r t u e o f these same forefathers, i n c l u d i n g 'a real o r d i n a t i o n to be called " r a b b i " , as i n T a l m u d i c t i m e s ' . Stated

m o r e clearly: j u s t as we r e l y u p o n the forefathers

6 3

in

calendrical m a t t e r s , a n d u p o n t h e i r calculations f o r the sanct i f i c a t i o n o f the N e w M o o n — ' s o t h a t we i n o u r o w n place m a y be seen as i f h a v i n g been g i v e n p e r m i s s i o n i n each generation to fix n e w m o n t h s , as i f we were a c t i n g i n t h e i r stead'—so are we 'to d o e v e r y t h i n g w h i c h is u n d e r the r u b r i c o f o r d i n a t i o n exactly as i f we were t h e m . . . a n d [ w e ] practise o r d i n a t i o n as i f they were the ones g r a n t i n g o r d i n a t i o n h e r e ' .

6 4

T h i s statement is a

f a r - r e a c h i n g one, as he h i m s e l f i m m e d i a t e l y indicates: ' i t w o u l d necessarily f o l l o w f r o m t h i s t h a t , just as those o r d a i n i n g practised all the types o f j u d g e m e n t , a n d even [ t h e penalties f o r ] t h e f t a n d fines,

we m a y likewise do s o ' .

H o w e v e r , he does n o t dare t o

6 5

develop t h i s idea t o its logical c o n c l u s i o n . I n any event, even t h o u g h there is n o ' a u t h e n t i c ' o r d i n a t i o n today, R. D a v i d sees i t nevertheless as h a v i n g substantive value a n d therefore deserving, i n his v i e w , ' t o be called an " i n t e r m e d i a t e o r d i n a t i o n " , s i m i l a r i n some

respects

to

the

authentic

ordination'.

This

6 6

kind

of

o r d i n a t i o n is c o m p a r a b l e to the ' g r a n t i n g o f p e r m i s s i o n ' m e n t i o n e d i n the T a l m u d , b a r r i n g one w h o is n o t t h u s o r d a i n e d f r o m issuing halakhic

rulings.

6 7

The

Talmudic

discussion

i n the

relevant

passage c o n c l u d e d w i t h the q u e s t i o n o f the v a l i d i t y o f o r d i n a t i o n ' f r o m there t o here a n d f r o m here t o t h e r e ' (i.e. the degree o f v a l i d i t y o f an o r d i n a t i o n g r a n t e d i n Eretz-Yisrael 6 1

i n Babylonia,

See Babylonian T a l m u d , Sanhedrin 5a, and Tosafot ad loc.

6 2

Kevod Hakhamim,

6 5

Ibid.

55.

63 i b i d . 50. 6 6

I b i d . 63.

6 4

6 7

I b i d . 61.

I b i d . 55, 63.

2. The Demand for a n d vice v e r s a ) ,

68

Status

5i

c o n c l u d i n g t h a t the ' g r a n t i n g o f " p e r m i s s i o n "

(i.e. a u t h o r i z a t i o n t o issue r u l i n g s ) b y the e x i l a r c h is v a l i d i n t h e L a n d o f I s r a e l , w h i l e " p e r m i s s i o n " g r a n t e d b y one's teacher i n the L a n d o f Israel is n o t v a l i d i n B a b y l o n i a ' .

6 9

O n the

other

h a n d , n o t o n l y does R. D a v i d i g n o r e the d i s t i n c t i o n between ' p e r m i s s i o n ' received f r o m one's master i n the L a n d o f Israel a n d t h a t received f r o m the e x i l a r c h or f r o m the p r i n c e , b u t receives the clear i m p r e s s i o n

f r o m the e n t i r e discussion

one that

' p e r m i s s i o n ' , i.e. o r d i n a t i o n g r a n t e d b y one's master i n the L a n d o f I s r a e l , is m o r e i m p o r t a n t t h a n ' p e r m i s s i o n ' received f r o m the e x i l a r c h . T h u s , for R. D a v i d son o f Messer L e o n the value o f o r d i n a t i o n is i n fact substantive; i t is n o t m e r e l y a t e s t i m o n i a l to one's expertise as a T a l m u d i c sage, a p u b l i c act o f r e c o g n i t i o n as a scholar for the benefit o f those w h o d o n o t k n o w h i m , b u t i t confers actual a u t h o r i t y , s i m i l a r t o t h a t o f those w h o received o r d i n a t i o n i n the L a n d o f Israel. I t f o l l o w s t h a t the status o f an o r d a i n e d scholar is i n f i n i t e l y greater t h a n t h a t o f one w h o is n o t o r d a i n e d , a n d 'one w h o is n o t o r d a i n e d o u g h t t o be to one w h o is o r d a i n e d ' .

subordinate

7 0

A t the t i m e o f the controversy i n V a l o n a , R. D a v i d

ha-Kohen

o f C o r f u expressed c e r t a i n ideas parallel t o those o f R. son o f Messer L e o n i n his d e f e n c e .

71

David

H e f u r t h e r stated, r e g a r d i n g

the c e n t r a l p r o b l e m , t h a t ' i n o u r generation, because o f o u r m a n y sins there are people w h o have n o t served [ t h e sages] at a l l ' , there is n o way o t h e r t h a n o r d i n a t i o n t o d e t e r m i n e t h a t a g i v e n sage is i n d e e d w o r t h y o f r u l i n g : ' a n d f r o m t h i s i t is clearly k n o w n to all t h a t w h o e v e r is n o t o r d a i n e d , t h a t is, has n o t p e r m i s s i o n to teach, m a y n o t d o so a n d s h o u l d n o t be r e l i e d u p o n [ f o r legal decisions], unless i t is k n o w n t o a l l t h a t he is a great m a n ' (i.e. an i m p o r t a n t scholar). I m m e d i a t e l y thereafter, he expressed his 6 8

Sanhedrin 5a.

See Kevod Hakhamim, 55 and the editor's note there ( n . 4 ) , and cf. the previously cited passage f r o m R. Joseph Colon. 6 9

Kevod Hakhatnim, 53-4. T h e m a i n p r o o f o f this statement is that, i n his view, 'the one ordained is subject to the one w h o ordained h i m ' ; see o n this also below at the end o f Sect. 6 o f this chapter, and see H . H . Ben-Sasson, A History of the Jewish People ( C a m b r i d g e , Mass., 1976), 598. See R. D a v i d h a - K o h e n , Teshuvot Maharda"kh, sect. 22. See also A . M a r m o r s t e i n , 'R. D a v i d K o h e n u n d das Rabbinerwesen i n der ersten Haelfte des X V I J a h r h u n d e r t s ' , Jeshurun, 14 (1927), 182 ff. R. D a v i d h a - K o h e n was ordained b y R. B e n d i t A x e l r a d — see Pesakim (Venice, 1519), p. 240. L i k e R. D a v i d son o f Messer L e o n , he was ordained i n the yeshivah o f R. J u d a h M i n z . 7 0

7 1

52

2. Social Meaning of Rabbinic

doubts

concerning

levirate-separations

the

validity of

(halizah)

k n o w n b y the sages as great

Ordination

writs

of

divorce

and

of

p e r f o r m e d b y those w h o 'are n o t scholars'.

72

3. J E W I S H S O C I E T Y A N D T H E R A B B I N A T E :

SUSPICIONS,

RESERVATIONS, A N D R E G U L A T I O N S

Thus

far,

we have heard the r a b b i s ' o p i n i o n s c o n c e r n i n g

only

the l e g i t i m a c y o f the i m p o s i t i o n o f t h e i r a u t h o r i t y u p o n J e w i s h society, a n d the related d e m a n d f o r r e c o g n i t i o n o f r a b b i n i c status o n t h e basis o f o r d i n a t i o n alone. I n the a b o v e - m e n t i o n e d of R.

Benjamin

o f M o n t a l c i n o , however,

the

comments

public

already

appears as a p a r t y t o the discussion. T h e lack o f fixed c r i t e r i a for

the

evaluation

o f the

personality

and

fitness

of a

given

candidate f o r o r d i n a t i o n led t o a s i t u a t i o n i n w h i c h , i n t h e

final

analysis, the g r a n t i n g o f o r d i n a t i o n was e n t i r e l y d e p e n d e n t u p o n the j u d g e m e n t o f the one g r a n t i n g i t . I n the n a t u r a l course o f events, therefore, d o u b t s arose c o n c e r n i n g the r a b b i ' s m o t i v a t i o n s in

taking

the

socially

significant

step

of

ordaining a

given

i n d i v i d u a l . C o n c o m i t a n t l y , t h e large n u m b e r o f i n d i v i d u a l s h o l d i n g o r d i n a t i o n also aroused suspicions t h a t there were a m o n g t h e m u n w o r t h y i n d i v i d u a l s ; these led t o second t h o u g h t s , b o t h w i t h i n the p u b l i c a n d a m o n g

t h e r a b b i n a t e , as t o the m o s t

suitable

procedure for granting ordination. I n an i n c i d e n t t h a t t o o k place i n I m o l a d u r i n g the first h a l f o f t h e s i x t e e n t h c e n t u r y , an e n t i r e c o m m u n i t y refused t o accept a y o u n g , n e w l y - o r d a i n e d r a b b i w h o , i n t h e course o f seeking t o establish his status, discovered

h i m s e l f d i s p l a c i n g the scions o f

several p r o m i n e n t local families, i n c l u d i n g a c e r t a i n R . Y e h i e l , w h o h a d h e l d the post o f p r e a c h e r .

73

The

final

David

outcome

Teshuvot Maharda"kh, sect. 22: 'and m y heart tells me [i.e. */ have a feeling*] that all divorces issued i n our day by those w h o are n o t k n o w n to the scholars as great m e n , are suspect.' 7 2

T w o letters o n this i n c i d e n t addressed to R. A b r a h a m h a - K o h e n by Isaac M o r e l l o , the leader o f those w h o spoke i n the name o f the opponents, have been preserved. See 'Derashot R. N a t h a n b . B i n y a m i n F i n z i ' , M S L o n d o n 932 ( I M H M 5726), 99-104. T h e first letter is quoted i n f u l l i n the H e b r e w edition o f this book, i n D o c u m e n t N o . 2, p. 212-14. I f o u n d no f u r t h e r i n f o r m a t i o n about R. Jehiel f r o m any other source. As to h i m being a preacher i n I m o l a , see the second epistle, p. 101b: 'there is w i t h us the great one R a b b i D a v i d Jehiel, w h o preaches i n p u b l i c . . .' F u r t h e r o n , the author states o f h i m s e l f that he never missed even one o f his sermons. Perhaps he is to be identified w i t h D a v i d b . Joseph i b n Yahya, author o f ' H i l k h o t T e r e f o t b e - K i z u r ' ( M S N e w Y o r k , A d l e r Collection 1500, 127a-128a). 7 3

n

a

v

e

j . Suspicions, Reservations, Regulations

53

was t h a t the m e m b e r s o f the c o m m u n i t y w i t h d r e w t h e i r o p p o s i t i o n , g i v i n g i n t o the a u t h o r i t y o f R. A b r a h a m h a - K o h e n o f B o l o g n a , who

had

ordained

the

individual in

spokesman o f the opponents threatened

ban

o f R.

was

Abraham

question.

evidently ha-Kohen,

The

leading

frightened by 7 4

and

he

the

sought

forgiveness, p r o m i s i n g never t o i n s u l t the y o u n g r a b b i again, a n d i m p o s i n g silence u p o n himself. T h u s , t h i s i n c i d e n t indicates the a u t h o r i t y exercised b y R. A b r a h a m h a - K o h e n district,

7 5

i n the R o m a g n a

as w e l l as the influence w h i c h he exerted i n places near

B o l o g n a t h r o u g h the n e t w o r k o f y o u n g scholars w h o m he o r d a i n e d a n d i m p o s e d u p o n t h e p u b l i c i n a way s i m i l a r t o t h a t suggested b y R. B e n j a m i n o f M o n t a l c i n o i n the p r e v i o u s l y c i t e d passage. H o w e v e r , h o w c o u l d such a m e t h o d n o t be o p e n to the p o s s i b i l i t y that

the

ordaining

scholar

should

exert

undue

influence

by

o r d a i n i n g u n w o r t h y parties? Suspicions t h a t the o r d a i n i n g a u t h o r i t y g r a n t e d degrees m e r e l y as a means o f g a i n i n g c o n t r o l over the p u b l i c were i n e v i t a b l e .

7 6

Clear evidence o f such a p o s s i b i l i t y

may

be

seen i n

the

r e s p o n s u m sent b y R. Jacob Israel F i n z i to r e m o v e a r a b b i ' w h o was o r d a i n e d u n j u s t i f i a b l y ' b y a c e r t a i n scholar w h o is p o r t r a y e d as t r a v e l l i n g a r o u n d the c o u n t r y o n business, m e a n w h i l e o r d a i n i n g r a b b i s as a means o f achieving an i n f l u e n t i a l , a u t h o r i t a t i v e p o s i t i o n against the w i l l o f the c o m m u n i t y .

7 7

Rabbi so-and-so d i d not pay heed to the honour o f the other rabbis, but only wished to create rabbis as i f he were the prince and head o f the entire exile. He d i d something which is not to be done, particularly in the present age, when there is no longer ordination [i.e. in the classical Talmudic sense] outside o f the L a n d of Israel, but only appointment, and we are, so to speak, the spokesmen o f the sages. For we read i n the T a l m u d . . . 'R. Johanan said, " W h o is a scholar that is to be appointed over the public? One of whom one may ask the halakhah i n any place [i.e. subject] and he responds, even i n Tractate Kalian" '. . . Therefore, everything which that person did is n u l l and void ab initio and is without substance, for we do not follow a person's name but his 78

7 9

See at the end o f the second letter: 'for [he] was angry w i t h y o u r servant over the curses w h i c h were invoked against your servant'. See also the H e b r e w e d i t i o n o f this book, D o c u m e n t 2, p. 214 n . 32. 7 4

7 5

7 6

T h e Romagna d i s t r i c t , o f w h i c h Bologna was the capital. Cf. Breuer, 'Ashkenazic O r d i n a t i o n ' , 24-6.

R. Jacob Israel F i n z i , ' T e s h u v o t ' , sect. 164; the f u l l text o f this responsum published i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 3, p p . 215-16. See G i t t i n 88b. Shabbat 114a. 7 7

7 8

7 9

is

54

2

- Social Meaning of Rabbinic Ordination

flavour, and particularly so i f the people of that community d i d not wish to have h i m , and that person is unworthy o f being appointed as a rabbi, for i n so far as I know h i m , I have not heard anything from h i m but words o f external wisdom and philosophy, o f w h i c h i t is said, 'and awesome are all those whom i t has k i l l e d ' — t h i s refers to those students who have not gained as much knowledge of Torah as they should have, and glorify themselves before the ignorant and the people of their town . . . 80

8 1

82

W h i l e we are unable to i d e n t i f y this p a r t i c u l a r r a b b i , R. Jacob Israel F i n z i ' s account c e r t a i n l y seems to f i t the general p i c t u r e described

here.

8 3

F i n z i ' s c o n d e m n a t i o n o f this p a r t i c u l a r r a b b i referred t o his lack o f professional

a n d scholarly

qualifications. H o w e v e r ,

m o r e serious were the accusations d r a w n u p against the

far

young

r a b b i i n I m o l a w h o d e m a n d e d t h a t his a u t h o r i t y be recognized. H e was

accused o f l a c k i n g w i s d o m a n d u n d e r s t a n d i n g ,

possessing a character b l e m i s h e d b y arrogance a n d p r i d e , 8 0

A w o r d play u p o n H u l l i n 66a.

8 1

M a i m o n i d e s ' usage i n M i s h n e h T o r a h , Hilkhot

Talmud

Torah

while 8 4

and

5: 4 follows f r o m

this. 8 2

Prov. 7: 26, and see how this verse is allegorically interpreted i n Sotah 22a.

T h e absence f r o m this responsum o f the factor o f monetary profit requires f u r t h e r study o f the use o f o r d i n a t i o n as a means o f gaining profit. See I . Sonne, ' O n the H i s t o r y o f the C o m m u n i t y o f Bologna', HUCA, 16 (1942), 47; Breuer, 'Ashkenazic O r d i n a t i o n ' , 33. R. L e o n e M o d e n a m e n t i o n e d w i t h o u t embarrassment, among his 'attempts . . . to earn' a l i v i n g 'the t i t l e o f R a b b i and C o l l e a g u e ' — H a y y e i Yehudah ( T e l A v i v , 1985), 104, w h i l e i n Ashkenaz the head o f the bet-din had the acknowledged r i g h t to receive sums o f money i n r e t u r n for o r d i n a t i o n (Breuer, 'Ashkenazic O r d i n a t i o n ' , i b i d . , 3 3 - 4 ) . I f R. B e n j a m i n o f M o n t a l c i n o ' s c o m m e n t that R. J u d a h Messer L e o n was not among 'those w h o do n o t k n o w h o w to make p r o f i t out o f everything, and grant o r d i n a t i o n for money' may be interpreted as a l l u d i n g to the existence o f u n w o r t h y i n d i v i d u a l s w h o received o r d i n a t i o n i n order to gain financial benefits, one m u s t n o t exclude the possibility that his comments are s i m p l y b o r r o w e d f r o m characteristic phrases appearing i n the T a l m u d referring to judges w h o are appointed for money. T h e comments o f R. A b r a h a m M i n z concerning R. D a v i d f r o m Pizzighettone, o f w h o m there was no basis 'for saying that he exploited the rabbinate . . . i n that he refrained f r o m t a k i n g b r i b e r y or o r d a i n i n g one w h o was n o t w o r t h y ' — P e s a k i m fo. 2 0 b — d o not specifically indicate the i m p r o p r i e t y o f using o r d i n a t i o n as a means o f earning profit. I have n o t f o u n d a single clear case o f an accusation, and certainly n o t an actual situation, o f a r a b b i using the g r a n t i n g o f o r d i n a t i o n as a means o f earning money. See also Teshuvot R. Azriel Diena, sect. 180; the matter requires f u r t h e r study. 8 3

See D o c u m e n t 3 i n the H e b r e w e d i t i o n o f this book, p. 215-16. I n the second letter, fo. 101a, he states: 'the m a n w h o m your h o n o u r seeks to place over us as our leader is all gall and bitterness [/] . . . he covers h i m s e l f i n a l o n g prayer-shawl and mutters words to the A l m i g h t y . A n d then all the elders o f the c o m m u n i t y rose, and banded against h i m . . . for what he had done . . . S h o r t l y thereafter, he writes: 'that m a n d i d n o t care for piety or modesty, b u t o n l y arrogance'. 8 4

j . Suspicions, Reservations, Regulations

55

w i t h b e i n g m o t i v a t e d , n o t b y t h e fear o f G o d , b u t b y t h e w i s h to

exploit the

rabbinate

f o r personal

aggrandizement.

85

So,

h o w is one able t o dismiss t h e p o s s i b i l i t y t h a t even t h e great R. A b r a h a m H a - K o h e n m i g h t have o r d a i n e d h i m t o serve his o w n purposes? I n o t h e r w o r d s : here there f u l l y emerges t h e p r o b l e m o f e n s u r i n g t h e c o m p l e t e i d e n t i f i c a t i o n o f t h e concept o f ' w o r t h y r a b b i n i c scholar' (talmid-hakham)

w i t h that o f ' o r d a i n e d r a b b i ' —

t h a t is, o f e n s u r i n g t h a t those w h o are u n w o r t h y are n o t o r d a i n e d . A s we shall see, t h e m o s t p r o m i n e n t scholars i n I t a l y

weighed

t h i s p r o b l e m w i t h u t m o s t seriousness. O n t h e o t h e r h a n d , the v e r y fact t h a t the q u e s t i o n was raised i n t h i s m a n n e r is i t s e l f an i n d i r e c t i n d i c a t i o n t h a t , i n the absence o f evidence t o t h e c o n t r a r y , t h i s i d e n t i f i c a t i o n was generally considered self-evident. E v i d e n c e for t h i s m a y be seen i n another i n c i d e n t , i n w h i c h the m a j o r i t y o f the c o m m u n i t y s u p p o r t e d a y o u n g r a b b i , w h o enjoyed

great

esteem, against an aged a n d m u c h respected l a y m a n ' s c l a i m to seniority.

8 6

T h a t c o m m u n i t y described t h e case i n a q u e s t i o n

addressed t o an a u t h o r i t a t i v e r a b b i : Three o f the elders o f the generation who were . . . among the leading rabbis, saw fit to include a certain young scholar among the rabbis. They therefore ordained h i m , to rule i n that which is permitted and forbidden and i n [court] judgements, and to deal w i t h matters o f marital law like any veteran rabbi; and they ordered the reader o f the congregation to call h i m to the reading o f the T o r a h by the title, Morenu ha-Rav. They also publicized the fact that he deserved to be honoured i n every holy matter, as is the law and custom o f every ordained master of T o r a h . A n d , i t being an ancient custom i n Israel, when there is no kohen present [ i n the synagogue], that an ordained rabbi be called up to read instead o f the kohen, even though there is a hoary elder present, the people o f the congregation insisted that he go up first, although out o f modesty he protested and refused several times. A n d when he descended from the pulpit, two people—who were the sons o f a certain elder, who was an ignoramus and whose habit i t was See the second letter, 102a: ' A certain y o u t h , one o f his students, the son o f R. A z r i e l o f C o r f u , used to study w i t h h i m , and he was subjected b y a w r i t o f subjugation and swore an oath b y the T o r a h to teach h i m for t w o consecutive years. A n d because that youth's strength weakened, and he lost his w e a l t h , and the p e r i o d o f r e t u r n i n g payment passed . . . he sent h i m away a n g r i l y and chased h i m o u t o f the study house, for he was a cruel m a n . . .' 8 5

' T e s h u v o t R. A h a r o n b . Yisrael F i n z i [ o f Reggio]', f r o m a m a n u s c r i p t f o r m e r l y i n the possession o f Isaiah Sonne, n o w M S J e r u s a l e m — M a k h o n B e n - Z v i , N o . 4040, Sect. 5. T h e responsum is p u b l i s h e d i n f u l l i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 4 " , p p . 216-17. 8 6

56

2. Social Meaning of Rabbinic Ordination

to go up to the Torah i n place o f the kohen—rose up against h i m . A n d they attacked that ordained scholar, saying that i t was fitting by law to give the priority to their elderly father. After that, on the Sabbath day, when the time came for reading the Torah Scroll, that scholar announced to the public that the elder should read i n his place, for he waived his [rabbinic] prerogative, and did not wish to quarrel nor to go against the w i l l o f any person. A n d even though he said many things to appease the congregation, i n order that they not press h i m to go up, they did not wish to listen to h i m and he was forced to go up, for they insisted to the point o f embarrassment. Thus did it come about. A n d now, w i l l your honour teach us the law—ought that elder to go up, since he is very elderly, or does the ordained scholar take precedence over the elder, as was the ancient practice? A n d w i l l your honour also inform us what is meant i n our sources by the term 'an outstanding elder' (zaken muflag) and 'an outstanding scholar' (hakham muflag)} The

r a b b i answered

this question

i n a very

straightforward

manner: A n outstanding scholar is one who was ordained to teach i n the entire T o r a h , for Jephthah i n his generation is like Samuel i n his generat i o n ; even i f there is one greater than he i n his generation, so long as there is no one greater i n his city, he is still called an outstanding scholar. Therefore, [ i n this case] the sage takes precedence, and he ought to be called up first to the Torah. But i f the scholar wished to forgo his honour at any time, he may do so, as we have learned, 'The rabbi who waived his honour, his honour is w a i v e d , ' but his disciples must nevertheless show h i m respect. But he may not be called up following the elder, because o f the saying o f R. Johanan, 'Every scholar who allows an ignoramus—even i f he be the high priest—to bless before h i m is culpable of death, as is w r i t t e n , "and those who hate M e loved death"—do not read "those who hate M e " but "those who make M e hated"—those who shame the T o r a h and make i t hateful i n the eyes of the people, allowing an ignoramus to be called up before h i m . ' I t is therefore fitting that that sage ought to minimize such forfeiture o f honours, lest they come—Heaven for f e n d — to minimize the honour of Torah, [which] is very great. 87

88

89

90

A s we have suggested, the r a b b i s , n o less t h a n the c o m m u n i t y , were interested i n e n s u r i n g the l e g i t i m a c y o f the i d e n t i f i c a t i o n o f talmid-hakham w i t h ' o r d a i n e d r a b b i ' . F o r t h e m , an assurance t h a t Rosh Hashanah 2 5 b — i . e . that even the most insignificant person, i f appointed to c o m m u n a l office, is entitled to the respect and a u t h o r i t y o f that office: ' f o r y o u have no other judges t h a n those w h o live i n your o w n t i m e ' . 8 7

8 8

K i d d u s h i n 32a.

8 9

M e g i l l a h 28a.

9 0

S h o u l d read 'all those w h o hate me'.

j . Suspicions, Reservations, Regulations

57

those called ' r a b b i ' w o u l d i n d e e d be scholars a n d deserving o f prestige was essentially a guarantee o f t h e h o n o u r a n d status o f the r a b b i n a t e itself. F o r t h i s reason, the o r d a i n i n g a u t h o r i t i e s practised a large measure o f self-restraint, a n d b y a n d large were extremely

hesitant t o g r a n t o r d i n a t i o n .

9 1

This

is n o t t o

be

i n t e r p r e t e d as o p p o s i t i o n t o o r d i n a t i o n per se, a n d c e r t a i n l y n o t as o p p o s i t i o n to i t i n p r i n c i p l e . O n the c o n t r a r y , a l l the statements i n o u r sources expressing

reservations

a b o u t the g r a n t i n g o f

o r d i n a t i o n are a c c o m p a n i e d b y statements i n d i c a t i n g t h e p a r a m o u n t i m p o r t a n c e attached t o t h a t i n s t i t u t i o n . F o r example, i n the famous c o n t r o v e r s y c o n c e r n i n g t h e q u a r r e l b e t w e e n t h e N o r z i and F i n z i f a m i l i e s ,

9 2

R. A b r a h a m b . J u d a h M i n z , i n a l e t t e r

p r a i s i n g R. D a v i d o f P i z z i g h e t t o n e t o his antagonist R. B e n d i t A x e l r a d , m e n t i o n s the fact t h a t 'he never o r d a i n e d one w h o was unworthy'.

9 3

R. B e n d i t , w h o saw these w o r d s as a sarcastic slur

a i m e d at h i m s e l f , r e p l i e d : ' I too have never o r d a i n e d any s t u d e n t w h o was n o t w o r t h y ' , a n d proceeded t o list a l l those he h a d ever o r d a i n e d : t h e i r t o t a l n u m b e r does n o t exceed five, t w o o f w h o m had been p r e v i o u s l y o r d a i n e d b y o t h e r s .

9 4

I n the words o f t h e m

b o t h , one senses the s p l e n d o u r a n d h o n o u r o f the o r d a i n i n g r a b b i w h i c h is s o m e h o w

c o n f e r r e d u p o n t h e one o r d a i n e d , a n d t h e

great care t h a t m u s t be taken t o a v o i d cheapening t h e value o f o r d i n a t i o n b y a w a r d i n g i t to those w h o are u n d e s e r v i n g .

95

T h i s t e r m ' u n d e s e r v i n g ' is t o be u n d e r s t o o d as a p p l y i n g , n o t o n l y t o w i s d o m , b u t also t o personal character

traits.

9 6

For

example, i n his p r e v i o u s l y c i t e d s e r m o n c o m p a r i n g the scholar t o the A r k o f the C o v e n a n t , 9 1

97

R. S a m u e l J u d a h

Katzenellenbogen

See Breuer, 'Ashkenazic O r d i n a t i o n ' , 29.

See A . M a r x , ' A Jewish Cause Celebre i n Sixteenth C e n t u r y I t a l y ' , i n his in Bibliography and Booklore ( N e w Y o r k , 1944), 107-54. Pesakim, 20a. 9 2

Studies

9 3

9 4

I b i d . 24a; cf. Breuer, 'Ashkenazic O r d i n a t i o n ' , 29-32.

See M . Benayahu and J . Laras, ' T h e A p p o i n t m e n t o f H e a l t h Officials i n Cremona i n 1575 and the D i s p u t e Between R. Eliezer Ashkenazi and R. A b r a h a m M e n a h e m P o r t o h a - K o h e n ' ( H e b . ) , Mikhael, 1 ( T e l A v i v , 1973), 140-1, for an account o f h o w a certain r a b b i w h o was l y i n g o n his death-bed examined his conscience and a t t r i b u t e d his sufferings to an error w h i c h he made w h e n he 'covered u p w i t h the prayer-shawl [i.e., ordained] a colleague so-and-so [i.e. mho was unworthy]\ 9 5

9 6

See i b i d . : ' t h a t this m a n , i n a d d i t i o n to being undeserving, lacking i n knowledge

and having n o t studied, moreover I heard that he behaves i n the "13 ways i n w h i c h the T o r a h is t r a m p l e d and p r o f a n e d " — a n d therefore the sage w h o had ordained h i m is asked to remove f r o m h i m the collegial title. ' T r a m p l e d ' is nidreset, a p u n o n nidreshet, m e a n i n g 'expounded'. See C h . 2, Sect. 1. 9 7

58

2. Social Meaning of Rabbinic Ordination

m e n t i o n e d the characteristics desired o f a scholar w h o strives for ordination: First, just as the ark was made out o f pure gold . . . so ought the sage [to be], upon whose head the crown rests. I n addition to that wisdom which he must first and foremost possess, he must also possess good traits and generous characteristics, and there should be no trace o f any bad traits or low characteristics . . . Second—he must be the same w i t h i n and without, just as was the ark, as our sages said, ' " Y o u shall gild i t w i t h i n and w i t h o u t " [Ex. 25: 11]—this teaches that a scholar ought to be the same w i t h i n and without'. T h i r d , just as the outer part o f the ark, which was a vessel for the inner ark, was also made o f pure gold, so w i t h this sage; i t is not sufficient that he himself be as pure as gold in all his traits and characteristics, but the father o f this scholar, who is to his son like the outer vessel surrounding the vessel i n which the T o r a h rests, should also be as sage and pure as refined gold . . . 9 8

T h i s p r o b l e m was raised e x p l i c i t l y b y R. A z r i e l D i e n a ( d . 1536) i n his c o m p l a i n t against the rabbis g r a n t i n g o r d i n a t i o n d u r i n g the first t h i r d o f the sixteenth c e n t u r y . H e c l a i m e d t h a t they o n l y took note o f the candidate's i n t e l l e c t u a l talents, b u t d i d n o t pay any heed t o his character a n d ethical t r a i t s w h i c h , i n his v i e w , are essential. I n a letter addressed t o the r a b b i s , he w r i t e s :

9 9

A n d on these my belly is like wine not yet opened [cf. Job 32: 19] . . . on seeing those who possess the T o r a h . . . when they deal w i t h some talented young man who is sharp and clever . . . even i f at times they did not see h i m , neither do they know h i m . . . but they unhesitatingly accept the laudatory testimony o f others, calling h i m Haver or . . . 'learned m a s t e r ' . . . A n d even when they see or hear from nearby or far off o f a man who is learned i n books and is an elder, known among people . . . they place their hands upon h i m [i.e. grant him ordination], 100

calling h i m Morenu ha-Rav (i.e. bestowing upon him the title of the ordained, 'Our teacher, Rabbi)

. . . and they are not acquainted w i t h

Derashot Makarski"k, Sermon 7, 39a. ' T h e father o f the sage' (avi ha-talmid hakham) evidently refers to the one o r d a i n i n g . I t may also be that this refers to a familial relationship i n the literal sense: even t h o u g h i n terms o f actual law, R. Samuel J u d a h t h o u g h t that the question o f lineage is o f secondary importance i n the valuation o f a r a b b i n i c scholar (see above, Sect. 1), he d i d n o t ignore lineage i n c i t i n g the ideal qualities o f one deserving of ordination. Cf. the c o m p l a i n t o f the people o f I m o l a , C h . 2, Sect. 3. A play o n words based u p o n D e u t . 18: 10-11: 'there shall n o t be f o u n d among you one . . . or a charmer [hover haver]) or a consulter w i t h familiar spirits [ov] or a w i z a r d [yid'ontY—haver—that is, the title o f Haver; ov = av, apparently based u p o n the exegesis o f G e n . 4 1 : 43 ('and they called before h i m A b r e k h ! [ M a k e way!]'); yid'oni—'one w h o knows'. 9 8

9 9

1 0 0

j . Suspicions, Reservations, Regulations

59

h i m , nor do they know his ways . . . but only that he knows how to manage i n T a l m u d i c discussions and to confuse his o p p o n e n t s ... T h i s is certainly a grievous sin, for those people who are ordained but whose heart has not been touched by God distort the Torah's paths and pervert its rounds, and i t is to them like a trade and like a spade w i t h which to dig silver and gold . . . M a y i t be H i s w i l l that this ordination not be a source o f satisfaction for h i m , and that the one ordaining not see joy from his disciple . . . M y eyes have seen that for years . . . how they ordain empty vessels, i n whose hearts there was not the L a w of God, and who feel their way i n laws and legal rulings like blind people . . . Furthermore, I have seen scholars who were wise i n knowledge o f books and understood difficult things . . . but when they managed the double-edged sword o f God i n their h a n d s , they appeared as wishing to receive the reward o f Phineas, while doing the deeds o f Z i m r i . . . Therefore, concerning these things my heart is very embittered, for how carefully must one examine the ways of the one ordained, whether his deeds are praiseworthy or not . . . and whether his ways conform to the ways of the eternal L a w . . . Therefore, one who ordains and crowns and places his hands upon an elder or a young man must very carefully consider that ordainee, to measure the goodness o f his deeds, whether his deeds conform to the eternal Law, i f they are straightforward and open, and not spoiled and despicable. For even i f he can show that he has learned T o r a h and Mishnah, the main thing is still lacking—whether he fears God, and whether his inward parts t u r n and tremble when he sits i n judgement, lest he sin and be held responsible before God . . . 101

102

1 0 3

F o l l o w i n g a c o l o u r f u l d e s c r i p t i o n o f the c r o o k e d b e h a v i o u r o f an u n w o r t h i l y o r d a i n e d r a b b i , R. A z r i e l D i e n a goes o n t o b l a m e the s i t u a t i o n u p o n those w h o o r d a i n u n w o r t h y c a n d i d a t e s .

104

He

t h e n enumerates three c o n d i t i o n s t o ensure t h a t those o r d a i n e d w i l l possess the r e q u i s i t e traits: First, that they search and examine their ways and their deeds, i f they are done w i t h integrity and are faithful, and i f they are steadfast, and i f their fear o f sin and their service o f God indicate integrity and honesty. Next, they must examine their qualifications, i f they have learned and studied thoroughly, and i f they possess profound knowledge, I n H e b r e w : le-falpel ule-valbel ('to engage i n pilpul [Talmudic dialectics] and t o confuse'). O n the use o f this w o r d - p l a y to refer to inappropriate f o r m s o f legal a r g u m e n t a t i o n , see the works cited i n C h . i , n . 49. A n allusion to the use o f the herem, to be discussed below at greater l e n g t h . Sotah 22b, a l l u d i n g to the i n c i d e n t described i n N u m . 25: 1-15. 1 0 1

1 0 2

1 0 3

Teshuvot R. 'Azriel see also the next note. 1 0 4

Diena,

sect. 180, ed. B o k s e n b o i m ( T e l A v i v , 1979), i i . 132 ff.;

6o

2. Social Meaning of Rabbinic

Ordination

and whether they are fit to instruct the children of Israel . . . Secondly, those who grant ordination may not place their hands upon anyone nearby or far off solely on the basis o f hearsay, i f they have not become acquainted w i t h [the candidate] and know that he is worthy o f the crown of T o r a h , and that the fear of the Master of Masters hovers over his head. T h i r d , that a scholar who has been ordained may not be definitely considered as a rabbi u n t i l he has obtained the agreement and permission of three rabbis . . . R. A z r i e l ' s t h i r d c o n d i t i o n , at least, seems t o have been accepted: R a b b i M e i r K a t z e n e l l e n b o g e n (1473-1565, k n o w n as the

Ma-

haram o f Padua) i n t r o d u c e d a r e g u l a t i o n w h e r e b y o r d i n a t i o n was o n l y to be granted w i t h the agreement o f three r a b b i s ,

1 0 5

an edict

w h i c h the p r o m i n e n t rabbis o f I t a l y f o l l o w e d for m a n y y e a r s .

1 0 6

I t was even r e q u i r e d t h a t at least one o f those o r d a i n i n g be 'one o f the elder sages o f the

generation'.

1 0 7

O n e hears echoes o f t h i s same t e n d e n c y o n the p a r t o f those receiving o r d i n a t i o n , whose u l t i m a t e interest was also to p r o t e c t the i n t e g r i t y o f the concept o f ' o r d a i n e d scholar'. T h i s m a y

be

seen i n the a t t e m p t t o r e s t r i c t the act o f o r d a i n i n g others t o a w e l l - k n o w n yeshivah head. T h u s , according t o the statement o f R.

David

son

o f Messer L e o n ,

'those w h o

o r d i n a t i o n a n d those w h o are i m p o r t a n t . . . o r d a i n e d except b y a rosh-yeshivah, for a n u m b e r o f y e a r s ' .

1 0 8

are

deserving

of

d o n o t w i s h to be

w h o has been w e l l k n o w n

Several years later, for example, i n a

letter addressed b y R. B e n d i t A x e l r a d t o R. A b r a h a m b . J u d a h M i n z i n the course o f the a f o r e - m e n t i o n e d

bitter

controversy,

109

he w r o t e : See Sonne, ' O n the H i s t o r y o f the C o m m u n i t y o f Bologna', 4 7 - 8 , 75; Breuer, 'Ashkenazic O r d i n a t i o n ' , 34-6. 1 0 5

T h u s , e.g. the document o f o r d i n a t i o n granted to R. A a r o n b. Israel F i n z i was signed by three rabbis. T h e text o f this document is i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 9, 223-4. I t * l evident f r o m this document that, i f R. M e i r i n fact intended that those o r d a i n i n g should 'agree together to that o r d i n a t i o n ' , and that the one g r a n t i n g o r d i n a t i o n not s i m p l y append his signature after that o f the others g r a n t i n g o r d i n a t i o n w i t h o u t consultation among t h e m all (according to Breuer, 'Ashkenazic O r d i n a t i o n ' , 35, a p o i n t w h i c h i n m y o p i n i o n requires further examination), then the ordinance itself d i d not go i n t o effect, b u t only the c o n d i t i o n that the o r d i n a t i o n be signed by three. Some other documents o f o r d i n a t i o n are also published i n the H e b r e w e d i t i o n o f this book; see D o c u m e n t s 5-8, 217-22. 1 0 6

s

a

s

o

See Sonne, ' O n the H i s t o r y o f the C o m m u n i t y o f Bologna', 48; Breuer, 'Ashkenazic O r d i n a t i o n ' , 35. O n the t e r m go*on, see below, Sect. 6. Kevod Hakhamim, 64, and cf. Breuer, 'Ashkenazic O r d i n a t i o n ' . See above, C h . 2, Sect. 3. 1 0 7

1 0 8

1 0 9

j . Suspicions, Reservations,

Regulations

61

N o w after you have blessed your neighbour w i t h a great voice [i.e. you

have insinuated against me an accusation in that you praised my opponent, blessing him by saying that he never ordained one who was unworthy] . . . you force me to answer you i n a manner which is unpleasant for me. T h u s I shall respond by saying that it may be that he never ordained one who was unworthy, lest people should not wish to receive ordination from h i m , because he was not a rosh-yeshivah anywhere before [he came]

110 I n o r d e r t o assure the g o o d character o f those seeking the r a b b i n i c t i t l e , t o w a r d s t h e e n d o f t h e c e n t u r y a tendency emerged n o t t o g r a n t o r d i n a t i o n t o anyone b e l o w t h e age o f 4 0 . T h e d e t e r m i n a t i o n o f the age at w h i c h 'a [ w o u l d - b e ] scholar is e n t i t l e d to elevation t o t h e status o f a r u l i n g scholar' i n v o l v e d a c o m p l e x p r o b l e m a t i c , o f w h i c h people were w e l l a w a r e .

1 1 1

Therefore,

whenever y o u n g e r people were o r d a i n e d i t was a c c o m p a n i e d b y explanations j u s t i f y i n g the act. F o r e x a m p l e , R. D a v i d son o f Messer L e o n relates t h a t , w h e n he was o r d a i n e d at the age o f 18, ' m a n y sermons were d e l i v e r e d o n t h e day o f m y o r d i n a t i o n , a m o n g t h e m those c o n t a i n i n g proofs t h a t , a l t h o u g h I was b u t 18 years o l d , i t was p e r m i t t e d t o give o r d i n a t i o n t o such a one w h o was d e s e r v i n g o f i t ' .

1 1 2

T h e y o u t h f u l ordainee's age is a p p a r e n t l y

m e n t i o n e d i n o r d e r t o note t h e e x c e p t i o n t o t h e usual practice, due t o his d i s t i n g u i s h e d c h a r a c t e r , the case was an u n u s u a l o n e . prior

1 1 4

w i t h a clear awareness t h a t

t o t h e g r a n t i n g o f r a b b i n i c a l o r d i n a t i o n , t h e candidate

r e m a i n i n the category o f Haver clear

1 1 3

R. Jacob F i n z i ' s request t h a t ,

evidence

(Colleague) ' f o r m a n y years' is

o f the recognition that

t h e r e o u g h t t o be

a

p r o c e d u r e , b u t also t h a t t h i s practice was n o t i n s t i t u t i o n a l i z e d . A concrete example o f this appears i n one o f his responsa, i n w h i c h he stipulates t h a t a p a r t i c u l a r i n d i v i d u a l was n o t t o be Pesakim, 24a. T h e meaning o f the last sentence is somewhat unclear; does he mean to say that at that t i m e there was n o one i n the c o u n t r y w h o had been ordained b y h i m because he was n o t a yeshivah head, or was R. D a v i d o f Pizzighettonne the first r a b b i i n I t a l y to be ordained by R. J u d a h M i n z ? 1 1 0

See B a b y l o n i a n T a l m u d , Sotah 22a-b, Rashi and Tosafot ad loc, and cf. R. N i s s i m on A v o d a h Z a r a h ( R i v a d i T r e n t o , 1558), i i i . 267a. Kevod Hakhamim, 65, and cf. 53, and D o c u m e n t 6 i n the H e b r e w e d i t i o n o f this book, p p . 2 2 0 - 1 . See, e.g. the statement b y R. E l i j a h Capsali, i n Porges, ' E l i e Capsali', R E J 79 (1923), 36: ' O u r M a s t e r R. D a v i d h a - L e v i b . R. Eleazar [ o f Pizzighettone] was o f Ashkenazic stock, and because o f his sharpness for the h o n o u r o f his ancestors, they ordained h i m w h e n he was t w e n t y - e i g h t years o l d ' . Cf. Breuer, 'Ashkenazic O r d i n a t i o n ' , 4 0 - 1 . 1 1 1

1 1 2

1 1 3

1 1 4

62

2. Social Meaning of Rabbinic

Ordination

o r d a i n e d as r a b b i u n t i l he h a d been a Haver years:

for a n u m b e r

of

1 1 5

Therefore, I say that this person is not to be called Rabbi u n t i l he first receives Collegial ordination from the rabbis, and uses i t for many years, and increases i n wisdom and ethics; then, i f he seems deserving to the sages o f that generation, they w i l l ordain h i m . A n d to this my view inclines, i f two or three other rabbis w i l l agree w i t h my opinion, and so shall the Torah be increased and honoured. T h e rabbis made use o f the l i m i t a t i o n r e g a r d i n g age so l o n g as they saw need, a n d even a w a r d e d o r d i n a t i o n u n d e r the e x p l i c i t c o n d i t i o n t h a t i t o n l y take effect after a p e r i o d o f t i m e . T h i s

was

t r u e , for e x a m p l e , o f the o r d i n a t i o n g r a n t e d t o R. A s h e r Grassetto i n M a n t u a o n 17 J a n u a r y 1590, u s i n g the f o r m u l a , ' W e k n o w . . . h i m t o be G o d - f e a r i n g

a n d deserving o f b e i n g a r a b b i i n I s r a e l ,

so we have agreed f r o m t h i s t i m e o n t h a t , w h e n he w i l l be 40 years o l d , he w i l l be c r o w n e d w i t h the c r o w n o f o r d i n a t i o n . ' Retroactively,

i n order t o deal w i t h the p o s s i b i l i t y t h a t

1 1 6

an

u n w o r t h y i n d i v i d u a l m i g h t be o r d a i n e d , the rabbis a t t e m p t e d t o i n t r o d u c e a p r o c e d u r e w h e r e b y the t i t l e c o u l d be r e m o v e d t h r o u g h public

declaration.

1 1 7

There

are

various

testimonies

of

such

' T e s h u v o t R. Ya'akov Yisra'el F i n z i ' , M S Jerusalem 8° 1992, sect. 164, fo. 1; quoted i n f u l l i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 3, p. 215-6. 1 1 5

' T e s h u v o t Bat R a b b i m ' , M S . M o s c o w - G i n z b u r g 129 ( I M H M 6809), sect. 3, p. 89. See also, for a slightly later p e r i o d , Y i t z h a k m i n h a - L e v i ' i m , Medabber Tahapukhot (1912), 176, 181, 185. 1 1 6

e.g. R. Joseph Colon's plea to remove the r a b b i n i c title f r o m R. Moses Capsali ( T e s h u v o t M a h a r i " k , Sects. 83, 84): ' I hereby i n f o r m y o u and I decree u p o n you by power o f the above-mentioned ban that y o u not ask any halakhic i n s t r u c t i o n or any judgement o f this person, Moses Capsali, as I have seen w i t h m y o w n eyes that he does not even reach [the level of] a shepherd [i.e. he is a perfect ignoramus], and he does n o t k n o w the f o r m o f halakhic traditions. W h a t have we to do w i t h this o r d i n a t i o n o f w h i c h he is n o t deserving? I n fact, we do n o t follow the name o f a t h i n g , b u t its taste [i.e. we can only base ourselves upon substantial evidence, and not simply upon the title he bears; a play on a concept appearing in BT Hullin 66a], and he has neither the taste nor the fragrance o f T o r a h . . . I f u r t h e r m o r e hereby decree the ban against all those w h o see or k n o w o f this declaration, that they do n o t call that same Moses Capsali b y the t i t l e o f either r a b b i or haver, for he is n o t deserving o f this whatsoever. Therefore, remove the c r o w n f r o m his head, that he be called neither r a b b i n o r hakham . . .' See also R. M e i r o f Padua's arguments for the removal o f the title f r o m R. A b r a h a m o f Rovigo: 'that i t should be k n o w n to y o u that this m a n is not deserving o f issuing halakhic r u l i n g s , b u t is o n l y deserving to have the c r o w n lifted f r o m his head, n o t to be called r a b b i or hakham, so that no m a n be ordained o n the basis o f his r u l i n g s . A n d I decree by power o f the ban against every cantor . . . that he not call h i m [ u p to the reading] b y the t i t l e o f rav or o f hakham, b u t only by his first name, A b r a h a m . A n d y o u , the h o l y congregation, the sons o f holy ones, do not o r d a i n by v i r t u e o f his instructions, for he may n o t teach or 1 1 7

j . Suspicions, Reservations, Regulations

63

r e m o v a l o f the r a b b i n i c t i t l e : R. Jacob Pollak r e m o v e d the r a b b i n i c t i t l e f r o m R. A b r a h a m M i n z , a n d also placed h i m u n d e r a b a n u n d e r the accusation o f d i s p l a y i n g c o n t e m p t f o r s c h o l a r s ; rabbis o f V e n i c e s t r i p p e d the r a b b i n i c t i t l e f r o m R.

118

the

Benjamin

M a t t a t h i a s o f A r t a because o f ' i n c o r r e c t halakhic r u l i n g s ' a n d because

of

the

suspicion

that

he

had

forged

signatures;

R. Joseph o f A r i e s was t w i c e s t r i p p e d o f the t i t l e o f Haver, first

119

the

t i m e f o r some sort o f f o r g e r y , a n d once because he h a d

s h o w n disrespect t o w a r d s elder r a b b i s , his r a b b i n i c t i t l e was

removed

w h i l e some t i m e later

1 2 0

o n the g r o u n d s

signature a n d c o n t e m p t for other s c h o l a r s .

121

of forging a

O n one

occasion,

some people even a t t e m p t e d t o u n f r o c k one o f the l e a d i n g r a b b i s o f t h a t g e n e r a t i o n , R. M o s e s P r o v e n z a l i .

1 2 2

T h e m o s t c o m m o n l y g i v e n reason f o r r e m o v a l o f the r a b b i n i c t i t l e appears t o have been c o n t e m p t s h o w n for o t h e r

scholars.

T h i s was at least one o f the declared reasons, i f n o t t h e m a j o r one, for the r e m o v a l o f o r d i n a t i o n i n m o s t o f t h e above c a s e s . A s is w e l l k n o w n , accusations o f c o n t e m p t for scholars

123

were

generally raised i n c o n n e c t i o n w i t h disputes a m o n g r a b b i s — t h a t is, i n those cases i n w h i c h there was reason

to assume t h a t ,

alongside objective considerations, there was also an element o f personal i n v o l v e m e n t , whose o b j e c t i v i t y i t is d i f f i c u l t t o w e i g h . T h i s m a y have been one reason w h y the r e m o v a l o f the r a b b i n i c t i t l e c o u l d n o t serve as an effective t o o l o f the r a b b i s for p r e s e r v i n g p r o h i b i t or p e r m i t or judge, either by p r o h i b i t i o n s or b y monetary matters, for this m a n is k n o w n to mislead people . . See E. K u p f e r , 'R. A b r a h a m b . M e n a h e m o f Rovigo and his Removal f r o m the Rabbinate' ( H e b . ) , Sinai, 63 (1967), 142-62, and compare the expressions appearing here w i t h the parallel ones i n r a b b i n i c ordinations, to be discussed below. 1 1 8

See S. W i e n e r , ed., Pesak ha-Herem

1 1 9

See Teshuvot

( H e b . ) , KS

Azriel

(St. Petersburg,

1897).

Diena, sect. 181; S. Assaf, ' T h e Responsa o f R. A z r i e l D i e n a '

14 (1938-9), 551-2.

See Teshuvot Azriel Diena, sects. 182-7. See E. K u p f e r , ' T h e D i s q u a l i f i c a t i o n and Reinstatement o f Joseph o f Aries as Haver and R a b b i ' ( H e b . ) , KS 41 (1966), 117-32. See E. K u p f e r , ' T h e Removal o f the C r o w n o f T o r a h f r o m R. Moses Provenzalo' ( H e b . ) , Sinai, 63 (1968), 137-60. O n this matter see also A . M a r x , ' T h e Removal o f R. Joseph d'Arles f r o m the Rabbinate and his Reinstatement' ( H e b . ) , Tarbiz, 8 (1937), 171-84; Benayahu and Laras, ' T h e H e a l t h Officials i n C r e m o n a ' , 9 3 - 5 , 140-2; Assaf, ' T h e Responsa o f R. A z r i e l D i e n a ' , 113-19; J . C o l o n , Teshuvot Maharfk ha-Hadashim, I n t r o d u c t i o n , 3 4 - 9 ; J . M i n z , Teshuvot Mahar"i Minz, sects. 10, 13; and see also the H e b r e w e d i t i o n o f this book, D o c u m e n t 4, p p . 216-17. O parallel p h e n o m e n o n i n Ashkenaz, see Breuer, 'Ashkenazic O r d i n a t i o n ' , p. 38 and n . 149. 1 2 0

1 2 1

1 2 2

1 2 3

n

t

n

e

64

2. Social Meaning of Rabbinic Ordination

the h o n o u r o f the i n s t i t u t i o n — a p o i n t to w h i c h we shall later return. W h e n the c o m m u n i t i e s attained a m o r e fixed stage o f o r g a n i z a t i o n , f r o m the m i d d l e o f the sixteenth c e n t u r y ,

1 2 4

the p o s s i b i l i t y

o f c r i t i c i s m o n the p a r t o f the c o m m u n i t y was added t o the practice o f s e l f - c r i t i c i s m a m o n g the rabbis. T h i s was expressed i n the edicts issued b y the c o m m u n i t i e s t o d e l e g i t i m i z e o r d i n a t i o n granted

to

outsiders,

albeit

following a

discussion

of

each

i n d i v i d u a l case, as w e l l as b y l i n k i n g the r e c e p t i o n o f o r d i n a t i o n to c e r t a i n r e q u i r e m e n t s w h i c h w o u l d guarantee the agreement o f the c o m m u n i t y . V a r i o u s regulations o f t h i s sort have already been noted,

their common

1 2 5

denominator being

the

community's

d e m a n d to p a r t i c i p a t e i n the decision. H o w e v e r , t h i s d e m a n d appears i n d i f f e r e n t f o r m s . G e n e r a l l y , these regulations clearly indicate the h i g h status enjoyed b y the rabbis i n p u b l i c o p i n i o n i n different places, a n d a c o r r e s p o n d i n g clear tendency t o l i m i t the p u b l i c ' s i n v o l v e m e n t i n decisions, as the i n s t i t u t i o n a l i z a t i o n o f the r a b b i n a t e community

within

reached

the organizational f r a m e w o r k

its c u l m i n a t i o n t o w a r d s

the

end

o f the of

the

sixteenth c e n t u r y , a n d especially i n the first h a l f o f the seventeenth century.

1 2 6

A s t r i n g e n t edict observed i n R o m e , at least u n t i l the first h a l f o f the seventeenth c e n t u r y , stated t h a t 'one cannot call any person r a b b i w i t h o u t the p e r m i s s i o n o f the Congrega'. E v e n w h e n the q u e s t i o n o f o r d i n a t i o n was

raised o n the p u b l i c agenda, the

Congrega c o n t i n u e d t o insist u p o n its o w n r i g h t t o choose r a b b i s , even v e h e m e n t l y so, issuing a specific r u l i n g o n the

subject.

1 2 7

O n the other h a n d , i t was agreed i n M a n t u a i n 1597 t h a t n o b o d y was t o be o r d a i n e d as r a b b i except b y the agreement

o f the

m a j o r i t y o f the rabbis i n the c i t y a n d o f the m e m b e r s o f the Council,

1 2 8

w h i l e i n V e r o n a a certificate o f agreement, agreed to

See above, I n t r o d u c t i o n . See S. S i m o n s o h n , I n t r o d u c t i o n to Teshuvot Ziknei Yehudah, 24; i d e m , Mantua (Jerusalem, 1972), 576-7, and the sources quoted there; Breuer, 'Ashkenazic O r d i n a t i o n ' , 3 6 - 8 ; and cf. the words o f the author f r o m I m o l a , cited i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 2, p p . 212-13 d ordinances o f the c o m m u n i t y o f R o m e , cited i n D o c u m e n t s 33, 34, and 37, p p . 247-9. 1 2 4

1 2 5

a

126

xhis process w i l l

n

t

n

e

be discussed at greater length i n the next chapter.

See D o c u m e n t s 33 and 34 i n the H e b r e w e d i t i o n o f this book, p. 247. T h e Congrega ( i n H e b r e w : Keriah) was the C o u n c i l o f 60 chosen members o f the congregation, according to an arrangement reached by D a n i e l da Pisa. See A . M i l a n o , ' I " C a p i t o l i " d i D a n i e l da Pisa e la c o m u n i t a d i R o m a ' , RMI, 10 (1935-6), 324-38, 409-26. S i m o n s o h n , Mantua, 576. 1 2 7

1 2 8

4. Authority and Privileges by

the

rabbis

o f the

city, provided

that no

65 one

would

be

recognized as o r d a i n e d unless ' t h e m a j o r i t y o f the r a b b i s o f t h e c i t y — t h o s e w h o are o r d a i n e d a n d k n o w n as those w h o r u l e [ o n halakhic m a t t e r s ] — a g r e e t e a c h e r " (Morenu)'.

t o o r d a i n h i m a n d t o call h i m " o u r

A s we shall see i n t h e n e x t chapter, the

129

difference i n these expressions is b u t one aspect o f t h e difference i n t h e process o f t h e i n s t i t u t i o n a l i z a t i o n o f t h e r a b b i n a t e i n t h e c o m m u n a l f r a m e w o r k i n d i f f e r e n t places. O n l y i n the seventeenth c e n t u r y , w h e n t h i s process reached its c o n c l u s i o n i n t h e c o n t e x t o f an all-encompassing

c o m m u n a l o r g a n i z a t i o n , d o we

perceive

clearly t h e t e n d e n c y t o transfer d e c i s i o n - m a k i n g t o t h e r a b b i n a t e . T h i s p h e n o m e n o n , h o w e v e r , is b e y o n d t h e c h r o n o l o g i c a l confines o f this w o r k .

1 3 0

4. A U T H O R I T Y A N D P R I V I L E G E S

T h o s e w h o h e l d o r d i n a t i o n enjoyed

i n its wake

various

pre-

rogatives. T h e s e were detailed i n the o r d i n a t i o n d o c u m e n t a n d i n c l u d e d the a u t h o r i t y t o r u l e o n m a t t e r s p e r t a i n i n g t o t h e r i t u a l l y f o r b i d d e n a n d p e r m i t t e d a n d t o c i v i l law; j u r i s d i c t i o n over issues o f f a m i l y l a w — i . e . marriages, divorces, a n d related m a t t e r s ; a n d , finally,

t h e a u t h o r i t y t o e x c o m m u n i c a t e a n d i m p o s e bans.

1 2 9

I . Sonne, 'Basic Premisses', Kovez

1 3 0

See M . A . Shulvass, I n t r o d u c t i o n to R. Simone L u z z a t t o ' s Ma'amar

Venezia [Discorso to Teshuvot

'al Yad, 3 [13] (1939-40), 1 8 0 - 1 . 'al

Yehudei

sopra gli ebrei di Venezia] (Jerusalem, 1951), 14; S i m o n s o h n , I n t r o d u c t i o n

Ziknei

Yehudah,

24; i d e m . Mantua,

I n t r o d u c t i o n . See the text o f the statute

o f the c o m m u n i t y o f M a n t u a f r o m 1637, m e n t i o n e d by S i m o n s o h n , p. 576 n . 242 f r o m 'Pinkas K e h i l l a t M a n t o v a ' , I s A m , fo. 15b; the f u l l text appears i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 15, p. 234: ' F o r at t h a t t i m e there was presented before the S m a l l C o u n c i l an agreement made o n 1 January 1597, w h e r e i n was w r i t t e n : the members o f the C o u n c i l m a y n o t o r d a i n any person to be a r a b b i , t h a t is, to be called R a b b i , unless the m a j o r i t y o f the rabbis o f M a n t u a and a m a j o r i t y o f the members o f the S m a l l C o u n c i l agree. A n d before they agree to o r d a i n the honourable R a b b i Cohen i n question, the members o f the S m a l l C o u n c i l shall examine the o l d agreement carefully. A n d they decreed that, according to t h e i r o p i n i o n , they m a y o r d a i n the honourable R a b b i Cohen w i t h the agreement o f the Go?on del Vecchio alone [R. Abraham the rabbi of the community of Mantua

b. Shabbetai

del Vecchio, who was

beginning in / 6 J J ] , and that they do n o t oppose that

o l d o r d i n a t i o n , because i t is [ w e l l ] k n o w n t h a t the Ga'on del Vecchio is a k i n t o a m a j o r i t y , for he is great and o u t s t a n d i n g i n w i s d o m and i n seniority and is a yeshivah head, and is the teacher o f that c o m m u n i t y , and he may be relied u p o n o n i n those cases where decision is r e q u i r e d . Nevertheless, temporarily nullify

the t r u t h is t h a t [at t h a t t i m e ] they also voted to

the o l d agreement

e v e r y t h i n g w h i c h stood

i n the way

m e n t i o n e d above, and they likewise o f o r d a i n i n g the honourable

righteous

nullified teacher

m e n t i o n e d above, b u t they t h e n stipulated that i n the f u t u r e they w o u l d n o t d i m i n i s h any p a r t o f the o l d agreement, b u t allow i t to r e m a i n i n f u l l force.'

66

2. Social Meaning of Rabbinic Ordination W e have already n o t e d R. D a v i d son o f Messer L e o n ' s

clear

expression o f the o p i n i o n t h a t one w h o is n o t o r d a i n e d o u g h t n o t t o be a l l o w e d to r u l e o n halakhic m a t t e r s .

B y this remark,

1 3 1

R. D a v i d seems to have been expressing m o r e an emergent t r e n d than

an

actual

social

o p i n i o n accepted (talmid-hakham) R.

David's

was

I n fact,

necessarily

statement

consciousness.

reality.

i n so

the principle according

This

may

be

one

as

public

to w h i c h a

scholar

who

far

was

'ordained',

seen as reflecting t h e

consciousness

was

also

fostered

general by

the

T a l m u d i c discussions c o n c e r n i n g scholars w h o , despite n o t h a v i n g reached issues.

t h e stage o f teaching, 132

nevertheless

rule on

halakhic

T h u s , d u r i n g the p e r i o d u n d e r discussion, ' a t t a i n i n g

the level o f t e a c h i n g ' came t o be m o r e a n d m o r e i d e n t i f i e d w i t h the concept o f ' o r d i n a t i o n ' . P u t otherwise: w h i l e one m i g h t have some reservations a b o u t t h e general statement t h a t an o r d a i n e d person was i n every

case 'one w h o h a d a t t a i n e d the level o f

t e a c h i n g ' , there is n o i n d i c a t i o n t o t h e c o n t r a r y — n a m e l y , t h a t one w h o was n o t o r d a i n e d m i g h t be considered t o have ' a t t a i n e d the level o f t e a c h i n g ' . w h o disagreed

1 3 3

T r u e , we do find here a n d there people

w i t h r a b b i n i c a l r u l i n g s a n d saw themselves

as

possessing the necessary a u t h o r i t y to r u l e o n p r a c t i c a l halakhic matters.

1 3 4

N o w h e r e , however, d o we encounter t h e e x p l i c i t v i e w

t h a t halakhic d e c i s i o n - m a k i n g is o t h e r t h a n an exclusive r a b b i n i c p r e r o g a t i v e a n d t h a t whoever wishes to issue r u l i n g s m a y d o so. E v e n t h e expressions

used b y the rabbis w h e n they w i s h e d to

d e p r i v e t h e i r colleagues o f t h e r a b b i n i c t i t l e

1 3 5

seem t o c o n f i r m

the statement t h a t the act o f r u l i n g o n ' f o r b i d d e n a n d p e r m i t t e d ' (i.e. c o n c e r n i n g p r o h i b i t e d foodstuffs a n d the l i k e ) was u n i v e r s a l l y considered as an exclusive r a b b i n i c p r e r o g a t i v e .

1 3 6

This

being

the case w i t h regard t o r i t u a l m a t t e r s , i t is n o t s u r p r i s i n g t h a t t h i s s h o u l d also be so w i t h regard t o m a r r i a g e a n d

divorce,

c o n s i d e r i n g the p a r a m o u n t g r a v i t y attached b y J e w i s h L a w to these issues. D u r i n g t h i s e n t i r e p e r i o d , we do n o t find a single See above, C h . 2, Sect. 3. e.g. Sotah 22a. I f there were still some renowned scholars w h o d i d n o t w i s h to accept o r d i n a t i o n , the demand for the r i g h t to issue r u l i n g s alongside those ordained c o u l d n o t have come from them. 1 3 1

1 3 2

1 3 3

e.g. the o p i n i o n o f the opponent o f R. A b r a h a m M e n a h e m Porto's r u l i n g concerning the wearing o f tefillin d u r i n g Hoi ha-Moed (the intermediate days o f Festivals). See Teshuvot R. Abraham Menahem Porto ha-Kohen, sect. 163. See above, n . 117. e.g. i n Teshuvot . . . Porto ha-Kohen, sect. 163. 1 3 4

1 3 5

1 3 6

2. Social Meaning of Rabbinic Ordination

67

case i n w h i c h a l a y m a n sought t h e r i g h t to p e r f o r m marriages a n d divorces. O n e m i g h t reasonably m a i n t a i n t h a t halakhic r u l i n g s i n c i v i l m a t t e r s also fall u n d e r the r u b r i c o f w h a t has been said here, whenever such r u l i n g s accord w i t h J e w i s h L a w . H o w e v e r , i n I t a l y t h e s i t u a t i o n i n t h i s m a t t e r was m o r e c o m p l e x . A s we shall see later, t h e vast m a j o r i t y o f r u l i n g s i n c i v i l matters were c a r r i e d o u t b y means o f a r b i t r a t i o n , the arbiters n o t necessarily b e i n g T a l m u d i c scholars. I n any event, we can d e f i n i t i v e l y conclude t h a t , t h r o u g h o u t the p e r i o d u n d e r discussion, there was no o b j e c t i o n i n p r i n c i p l e to the r a b b i n i c m o n o p o l y u p o n the three prerogatives m e n t i o n e d above, w h i c h were i n c l u d e d u n d e r t h e r u b r i c o f t h e T a l m u d i c f o r m u l a o f o r d i n a t i o n ( S a n h e d r i n 50) a n d appearing o n the relevant d o c u m e n t — y o r e h yoreh yadin yadin ('he shall r u l e a n d he shall j u d g e ' ) . T h e same cannot be said r e g a r d i n g the issuing o f bans a n d w r i t s o f e x c o m m u n i c a t i o n , w h i c h subject was r i f e w i t h disputes, appeals, a n d even disagreements between the rabbis a n d the p u b l i c — a p o i n t deserving m o r e extensive t r e a t m e n t . W e w i l l n o t examine here the e v o l u t i o n o f the i n s t i t u t i o n o f the b a n before the p e r i o d u n d e r discussion, either w i t h respect to t h e role played b y scholars as opposed t o c o m m u n a l heads a n d parnassim (lay leaders), or the precise halakhic significance o f a ban w h i c h was n o t i m p o s e d b y a recognized scholar. T h e s e topics are w o r t h y o f s t u d y i n t h e i r o w n r i g h t f r o m b o t h the halakhic and the historical perspective. F r o m the T a l m u d i c p e r i o d o n , a c e r t a i n ambivalence appears c o n c e r n i n g the q u e s t i o n o f whose b a n is efficacious. O n the one h a n d , the sacral, magical aura w h i c h hovered over every curse u t t e r e d was o f p a r a m o u n t i m p o r t a n c e i n d e t e r m i n i n g the seriousness w i t h w h i c h people related to bans, even w h e n those w h o i m p o s e d t h e m were n o t rabbis. O n the other h a n d , f r o m the t a n n a i t i c p e r i o d o n , the 137

1 3 8

See, for the present, J . K a t z , Tradition and Crisis ( N e w Y o r k , 1971), 99-102; H . H . Ben-Sasson, Hagut ve-Hanhagah (Jerusalem, i 9 6 0 ) , 212 ff.; Encyclopedia Hebraica, s.v. herem', Encyclopedia jfudaica ( B e r l i n , 1930), s.v. Cherem. G . L e i b s o n has recently begun t o study this subject; see the first part o f his w o r k , ' N i d d u i v a - H e r e m be-tekufat h a - M i s h n a h v e n a - T a l m u d ' (Jerusalem: H e b r e w U n i v e r s i t y F a c u l t y o f L a w , 1973), Master's Dissertation, 183-8, for a b i b l i o g r a p h y o f the numerous studies i n w h i c h a variety o f questions related t o herem have been studied. I do n o t distinguish here among the v a r y i n g degrees o f severity o f the b a n — n i d d u i , herem, and shamta—as i n all documents f r o m the period the terms are used w i t h o u t any relation to their precise significance, and certainly not to the halakhic differences dependent u p o n t h e m . e.g. Babylonian T a l m u d , M o e d K a t a n 16a. 1 3 7

1 3 8

68

4. Authority and Privileges

ban was always, i n practice, a prerogative o f r u l e r s a n d leaders, w h e t h e r as a f o r m o f p u n i s h m e n t a n d w a r n i n g (as d u r i n g the period

o f the

Mishnah

and

Talmud)

1 3 9

or

as

a means

of

s t r e n g t h e n i n g c o m m u n a l ordinances, w h i c h were essentially m e r e l y another f o r m o f w a r n i n g (as i n the later p e r i o d ) .

1 4 0

Various

factors j o i n e d to d e t e r m i n e the role o f the rabbis i n u s i n g the b a n , the m o s t i m p o r t a n t o f w h i c h were: the clear t r a d i t i o n t h a t 'one u n d e r ban t o the master is u n d e r the ban t o the disciple, b u t one u n d e r ban t o the disciple is n o t u n d e r ban t o the master';

1 4 1

the analogy d r a w n between the concept o f the ban (herem)

a n d the e n t i r e area o f personal oaths (shevuah

a n d neder; *

halakhic p r o b l e m a t i c r e q u i r i n g the agreement

o f an ' i m p o r t a n t

1

the

2

p e r s o n ' for the enactment o f c o m m u n a l regulations, p a r t i c u l a r l y those

p e r t a i n i n g t o the b a n ;

1 4 3

a n d the c u s t o m , accepted

as

b i n d i n g i n m o s t J e w i s h c o m m u n i t i e s , n o t t o treat one w h o has v i o l a t e d c o m m u n a l ordinances

as b e i n g u n d e r the b a n

until

declared as such, unless specifically stated otherwise i n t h e edict itself.

1 4 4

A l l these factors were decisive i n d e t e r m i n i n g the role

o f the 'masters o f the L a w ' i n the practical i m p l e m e n t a t i o n o f the b a n , i n w h i c h the c o m m u n i t y heads a n d parnassim

demanded

t h e i r share. T h e tension between the lay leaders a n d t h e learned i n r e l a t i o n t o the q u e s t i o n o f ban has attracted the a t t e n t i o n o f scholars, w h o have p r i m a r i l y s t u d i e d the late M i d d l e Ages i n Franco-Germany;

1 4 5

however, the roots o f t h i s tension, a n d its

d e v e l o p m e n t t h r o u g h o u t the m e d i e v a l p e r i o d , s t i l l r e q u i r e f u r t h e r study. I n any event, w h a t we have n o t e d here c e r t a i n l y applies See L e i b s o n , ' N i d d u i v a - H e r e m ' , 80-104. See L . Finkelstein, Jewish Self-government in the Middle Ages ( N e w Y o r k , 1924; 2 n d ed., 1964), 242. Semahot 5: 15; Jerusalem T a l m u d , M o e d K a t a n 3: 1; Babylonian T a l m u d , M o e d K a t a n 15a; and compare L e i b s o n , ' N i d d u i v a - H e r e m , p p . 80 ff. 1 3 9

1 4 0

1 4 1

These could o n l y be nullified by a f o r m a l appeal to a sage or a c o u r t o f experts [hatarat h a k h a m ] , whose action p r o v i d e d the possibility o f nullification by e l i c i t i n g a formal expression o f regret for having taken the oath; a similar procedure for the a n n u l m e n t o f bans was proposed by way o f analogy to this procedure. F o r the s i m i l a r i t y o f these terms even i n the semantic realm, see S. L i e b e r m a n , Greek in Jewish Palestine ( N e w Y o r k , 1942), 119. O n the release o f i n d i v i d u a l s f r o m the ban, see L e i b s o n , ' N i d d u i v a - H e r e m ' , 1 4 2

135-54¬ T h i s topic w i l l be discussed at greater length i n C h . 3. See Tur Shulhan 'Arukh: Yoreh De'ah 228: 32; 334: 22. Cf. C h . 5, Sect. 2 o n edicts issued o n the basis o f the ban. See K a t z , Tradition and Crisis, 99-102; Ben-Sasson, Hagut ve-Hanhagah, 212 ff; E. J . Schochet, Rabbi Joel Sirkes (Jerusalem, 1971), 143 ff 1 4 3

1 4 4

1 4 5

4> Authority and Privileges

6

9

to I t a l y i n the p e r i o d u n d e r discussion, a n d adequately establishes the p o i n t . T h e r e is n o d o u b t t h a t , t h r o u g h o u t t h i s p e r i o d , the b a n was considered

one o f t h e ' r a b b i n i c a l prerogatives'.

Wherever

the

i m p o s i t i o n o f a f o r m a l b a n o c c u r r e d — t h a t is, the p u b l i c r e a d i n g o f one o f the f o r m u l a s e n t a i l i n g c u r s i n g o f the b a n n e d o n e ,

1 4 6

or

the s i g n i n g o f such a d o c u m e n t — i t was i m p o s e d b y the rabbis. T r u e , there are exceptions to t h i s general r u l e , some o f w h i c h w i l l be dealt w i t h later; h o w e v e r , t h e y a l l seem t o be exceptions w h i c h p r o v e the r u l e . I n a l l o f t h e m a n y t a x a t i o n

regulations

a c c o m p a n y i n g the e x p l i c i t i m p o s i t i o n o f b a n , t h e rabbis sign the ban.

1 4 7

T h e same is t r u e for the ban f o r m u l a s w h i c h a c c o m p a n y

the approvals o f p u b l i s h e d books (haskamot).

148

rabbis

was

likewise

T h e role o f the

c r u c i a l i n the ceremonies o f

i n v o l v e d i n assessment for tax p u r p o s e s .

1 4 9

oath-taking

Even the government

S u c h as the version cited i n the Kolbo. O n the use o f formulas for oaths and bans f r o m the Kolbo i n I t a l y d u r i n g this p e r i o d , see below, C h . 3 n . 352. 1 4 6

147 p r i n t e d arrangements for valuation survive p r i n c i p a l l y f r o m the c o m m u n i t y o f M a n t u a ; see S i m o n s o h n , Mantua, 377-84. O n c o m m u n a l ordinances w h i c h were coupled w i t h the herem, see below, C h . 3, Sect. 3. See the examples cited at the end o f M . Benayahu, Haskamah u-reshut be-defusei Venezia (Jerusalem, 1971). Cf. also N . Rakover, Ha-haskamot li-sefarim ki-yesod li-zekhut Yozrim [ M i s r a d h a - M i s h p a t i m . Sidrat M e h k a r i m u-sekirot b a - M i s h p a t ha T v r i . 9.] (Jerusalem, 1971), 1-94. E v e n the herem w h i c h accompanied the approbation given t o R. Jacob Soresina's Seder ha-Nikkur (Venice, 1595) was imposed b y the ge'onim w i t h the agreement o f the lay leaders, there being no basis for Sonne's c l a i m i n his article, ' D o c u m e n t s concerning R a b b i n i c Messengers i n I t a l y at the B e g i n n i n g o f the 17th C e n t u r y ' ( H e b . ) , Kovez 'al Yad 5 [15] (1951), 208, that, f r o m 1594 u n t i l the end o f the 16th century 'the lay leaders overcame the rabbis i n Venice, restricted their rights and removed f r o m t h e m the a u t h o r i t y to p r o c l a i m a b a n ' , something w h i c h was expressed, according to h i m , i n the agreement referred to i n the above book, i n w h i c h 'the lay leaders are those w h o decry and ban and some o f the rabbis answer A m e n [i.e. affirm] after t h e m ' . 1 4 8

See the 'arrangements for oath-taking and p e r f o r m i n g valuations agreed u p o n o n Wednesday, 3 I y y a r , 5339 [1579] i n the holy congregation . . . i n the general c o u n c i l ' . A copy o f the o n l y s u r v i v i n g example o f this document, f o u n d i n the archives o f the c o m m u n i t y i n M a n t u a , appears o n p. 46 o f the H e b r e w e d i t i o n o f this book. I t was likewise decided i n the C o m m u n i t y C o u n c i l i n Padua that all those t a k i n g the oath at the t i m e o f valuation should swear ' w i t h a strict oath o f the T o r a h , opening the H o l y A r k i n the presence o f the judges o f the Vaad and before R. Samuel A r c h i v o l t i ' ; see C a r p i , Pinkas Padua, for 1586, sect. 11a, p. 68a; for 1588, sect. 9, p. 74a; for 1591, sect. 9, p. 79a; and for 1593, p. 85a. See also below, C h . 3, n . 352 and D o c u m e n t s 35, 36 i n the H e b r e w e d i t i o n o f this book. See also ' T e s h u v o t R. A z r i e l T r a b o t ' , sect. 44: ' T h i s is the order o f valuation . . . first-in order to give a good and suitable purpose t o the involvements o f the c o m m u n i t i e s , concerning these new valuations, and an equitable r u l e for a l l , they decided u n a n i m o u s l y , t o b r i n g here to Macerata t w o people w h o are wise and sound, c r o w n e d w i t h T o r a h , to [ a d m i n i s t e r ] a solem oath o f the T o r a h , w i t h a strict and absolute ban, concerning all the ways and ordinances a p p l y i n g t o every m a n and w o m a n i n the communities o f L a Marca.' 1 4 9

70

2. Social Meaning of Rabbinic Ordination

licences r e q u i r e d i n o r d e r to impose a b a n t o the r a b b i s .

1 5 1

1 5 0

were o n l y g r a n t e d

O u t s i d e requests t o the J e w i s h c o m m u n i t y t o

b a n specific i n d i v i d u a l s were likewise addressed t o the r a b b i s . R.

Leone

Modena

( i 571 - 1 6 4 8 ) ,

writing

to

Christians

1 5 2

who

were accustomed t o the c h u r c h prerogative o f e x c o m m u n i c a t i o n , m e n t i o n e d as self-evident t h a t the ' p u n i s h m e n t o f c r i m i n a l s b y means o f bans' rabbis. only

1 5 3

as

was

among

the prerogatives

o f the

ordained

I t seems t o m e t h a t these w o r d s o u g h t to be seen, n o t an a d d i t i o n a l i n d i c a t i o n o f the coherence o f J e w i s h

m e n t a l i t y w i t h t h a t o f the C a t h o l i c ambience i n I t a l y u p o n the sacrality entailed i n the concept broader p h e n o m e n o n — n a m e l y ,

o f b a n , b u t as evidence o f a the p a r t i c u l a r aura o f sacrality

w h i c h i m b u e d the figure o f the I t a l i a n r a b b i d u r i n g t h i s p e r i o d , a p o i n t to w h i c h we have already a l l u d e d a n d t o w h i c h we shall return.

1 5 4

I n any event, i n I t a l y t h e b a n was treated as a r a b b i n i c

m a t t e r ; as a consequence, so l o n g as i t felt the need to use the b a n , the p u b l i c saw i t s e l f as dependent u p o n the rabbis. T h o s e isolated cases i n w h i c h the lay leadership arrogated to i t s e l f the a u t h o r i t y o f i m p o s i n g the b a n

1 5 5

seem the

exceptions

w h i c h p r o v e the r u l e . I n 1585, the leaders o f Padua t o o k a vote i n w h i c h t h e y decided t o give themselves the p o w e r t o 'impose the edict o f e x c o m m u n i c a t i o n u p o n those

t o w h o m i t seems

a p p r o p r i a t e ' , specifically r e g a r d i n g a c e r t a i n m a t t e r i n w h i c h they perceived the danger t h a t 'heaven f o r f e n d there n o t come o u t o f

1 5 0

See below, C h . 5.

e.g. the f o r m u l a g r a n t i n g r i g h t s to the Jews o f M o n f e r r a t o i n 1592 (S. Foa, The Jews in Monferrato (Alessandria, 1914; repr. Bologna, 1965), 173): 'Che l i R a b i n i E b r e i possano ordinare c o m m u n i c h e . . (that the Jewish rabbis w i l l be allowed to impose e x c o m m u n i c a t i o n ) . Compare there other documents o f this sort f r o m subsequent years. Also i n those places where the documents o f rights d i d n o t i n c l u d e overall permission similar to that given to the Jews o f M o n f e r r a t o , this permission was also given ad hoc f r o m t i m e to t i m e t o rabbis. See, e.g. S i m o n s o h n , M a n t u a , 352, n . 117. T h i s permission is given there to ' M a g i s t r o F l o r i o , M a g i s t r o Calimano doctoribus, et alijs doctoribus et magistris totius congregationis h e b r e o r u m ' (to the doctors F l o r i o , M a s t e r Calimano, and the other D o c t o r s and Masters o f all the congregation o f the Jews). 1 5 1

See B. P u l l a n , Rich and Poor in Renaissance Venice ( C a m b r i d g e , Mass., 1971), 562. L . M o d e n a , Historia de gli riti hebraici (Paris, 1637), 41-42: ' i l Cacam Rau, o Morenu, decide i d u b i j circa le cose p r o h i b i t e , e lecite, d ' o g n i materia, scriuono allegationi e sentenze . . . e castigano l i d i s u b i d i e n t i con scommuniche. . . ' (the Hakham Rav, [called] Morenu, resolves doubts i n matters o f p r o h i b i t e d and p e r m i t t e d things, writes summonses to j u d g e m e n t and r u l i n g s . . . and punishes w i t h the ban those w h o violate t h e m . ) See above, C h . 1, Sect. 2; C h . 2, Sect. 1 and 4. O n the situation i n Ashkenaz and Poland, see the sources cited i n n . 145. 1 5 2

1 5 3

1 5 4

1 5 5

4- Authority and Privileges

7i

t h i s a c e r t a i n d e s t r u c t i o n , a n d we lose a soul f r o m I s r a e l ' .

The

1 5 6

exact n a t u r e o f the danger averted b y these leaders is n o t clear. S h o r t l y before t h i s decision was a d o p t e d , the a p p o i n t e d r a b b i resigned f r o m his p o s i t i o n as a m e m b e r o f t h e C o m m u n a l C o u r t ; i t therefore seems l i k e l y t h a t t h i s r e s i g n a t i o n t o o k place against the b a c k g r o u n d o f some d i s p u t e over an issue related t o t h a t Court.

1 5 7

I n any event, the language o f t h e final decision o n t h i s

m a t t e r states t h a t the leaders felt themselves e n t i t l e d t o impose t h e i r r u l i n g o n t h i s m a t t e r ' w i t h o u t the p e r m i s s i o n o f any r a b b i ' . T h i s w o u l d t h e n seem t o i n d i c a t e t h e i r awareness t h a t the accepted practice was for such t h i n g s n o t t o be done ' w i t h o u t the p e r m i s s i o n o f the r a b b i s ' . T h e decision o f the parnassim o f Padua began a p e r i o d o f great tension between t h e m a n d t h e a p p o i n t e d r a b b i , to w h i c h we shall t u r n i n the n e x t chapter. I n any event, t h i s decision was e v i d e n t l y the o n l y one i n w h i c h the lay leaders assumed the a u t h o r i t y t o impose the b a n 'against w h o m e v e r t h e y saw f i t ' i n t o t h e i r o w n hands. T h e c o m m u n i t y edicts, w h i c h were i m p o s e d b y the leaders w i t h t h e force o f b a n w i t h o u t the agreement o f the r a b b i , are n o d i f f e r e n t f r o m any o t h e r c o m m u n a l

bans.

1 5 8

T h i s b e i n g t h e case, the decision o f the leaders o f Padua does n o t c o n t r a d i c t w h a t we have said above. O n the c o n t r a r y , i t c o n f i r m s the idea t h a t the i m p o s i t i o n o f t h e b a n — b y means o f a d e c l a r a t i o n i n c o r p o r a t i n g a curse against the one b a n n e d , or a signature o n such a f o r m u l a — w a s i n d e e d a r a b b i n i c p r e r o g a t i v e , a n d t h a t the c o m m u n i t y was supposed t o t u r n t o w a r d s the rabbis o n such m a t t e r s .

1 5 9

A s we shall see i n t h e n e x t chapter, t h i s

See C a r p i , Pinkas Padua, sects. 200, 205 ( p p . 181, 183). I accept here the conclusions o f C a r p i , the editor o f the Pinkas, this C o u r t , see below, C h . 3, Sect. 4b. 1 5 6

1 5 7

ibid., 43-4. O n

See above, C h . 2, Sect. 4. T h e r e is a good deal o f speculation concerning the decision o f the lay leaders o f Venice ' t o remove f r o m the teachers o f T o r a h all power and permission t o ban and to excommunicate . . . and to take i t ' for themselves. See: J . B l a u (ed.), Kitvei R. Yehudah Aryeh Modena (Budapest, 1906), sect. 183, p . 171; B . K l a r , ' T h e W o r k Sha'agat Aryeh 'al Kol Sakha? ( H e b . ) , Tarbiz, 13 (1942), 145-7; Sonne, ' D o c u m e n t s C o n c e r n i n g R a b b i n i c Messengers', 207-9; Benayahu, Haskamah u-reshut bi-defusei Venezia, 35-9. K l a r ' s statement, that the causes o f the dispute and the u n f o l d i n g o f events are n o t f u l l y clear, is s t i l l v a l i d . M o r e o v e r , even w h a t he considered clear seems to r e q u i r e f u r t h e r clarification; e.g. d i d the lay leaders really impose u p o n the rabbis a p r o h i b i t i o n ' t o wear the official garment w h i c h had been characteristic o f t h e m u n t i l now'? O r is the meaning o f the c o m m u n a l officer's statement perhaps that one is n o t t o recognize a r a b b i except as one w h o has been ordained b y t h e i r approval? A n d w h a t does i t mean that 'the members o f the c o m m u n i t y d i d n o t pay a t t e n t i o n to the rabbi's r u l i n g s i n matters o f u n f i t and fit things, p r o h i b i t e d and p e r m i t t e d ' w i t h i n the f r a m e w o r k o f the ordinances o f the lay 1 5 8

1 5 9

y

72

2. Social Meaning of Rabbinic

Ordination

u n d e r s t a n d i n g o f the ban as a m a t t e r essentially p e r t a i n i n g to the rabbis alone was one factor a i d i n g the process o f a p p o i n t m e n t o f a c o m m u n i t y r a b b i , i m p l y i n g t h a t the r a b b i was r e q u i r e d t o impose the ban whenever he was asked t o do so b y the lay l e a d e r s ' .

1 6 0

I f we are correct i n stating t h a t the broader c o m m u n i t y i n fact saw the ban as a q u a s i - d i v i n e act, p r o s c r i b e d t o all those w h o were n o t 'masters o f the L a w ' except as an emergency measure, this very consciousness m a y have c o n t r i b u t e d t o the status o f clerical

sacrality

which

the rabbis

assumed. T h i s

sciousness also encouraged the w e l l - k n o w n

same

con-

tendency t o make

excessive use o f the ban i n disputes i n w h i c h the rabbis were i n v o l v e d , p a r t i c u l a r l y i n order t o ensure t h a t those s u m m o n e d t o appear i n c o u r t w o u l d n o t t h i n k l i g h t l y o f the i n v i t a t i o n , t h e r e b y i m p o s i n g r a b b i n i c a u t h o r i t y precisely w h e r e t h e i r o w n weakness was f e l t .

1 6 1

A n y o n e p e r u s i n g the sources p e r t a i n i n g to the h i s t o r y

o f the Jews i n I t a l y d u r i n g this p e r i o d perceives h o w the rabbis

m a d e use

circumstances. society,

1 6 2

This

o f the

i n s t r u m e n t o f the

situation,

similar

to

that

frequently

ban in

i n such Christian

clearly c o n t r i b u t e d t o the fear t h a t the b a n w o u l d n o t

be taken seriously, t h e r e b y dangerously r e d u c i n g its effectiveness as an i n s t r u m e n t o f p u b l i c d i s c i p l i n e . I t is superfluous

to add

leaders? O n l y one t h i n g is clear, namely, that the lay leaders o f Venice forbade the i m p o s i t i o n o f the ban w i t h o u t their agreement. Against this, the rabbis o f Venice decided 'to be i n one band against anyone w h o w o u l d be appointed, C o u n c i l or lay-leader, f r o m whatever c o m m u n i t y i t m i g h t be, or f r o m all o f t h e m i n this matter . . . to meet together all o f us . . . and whatever w o u l d be agreed u p o n b y the m a j o r i t y , all o f us w i l l be obliged to observe, whether i t entail a positive act or passive acquiescence'. I f this last p h r a s e — i.e. t o be 'obliged to do that w h i c h involves passive acquiescence'—is more than mere rhetoric, i t m u s t i m p l y refusal to impose the ban at the request o f the parnassim w i t h o u t the agreement o f the other rabbis i n the city, on the assumption that b y this means the ban w o u l d not be imposed at all. I f so, then even this case confirms what has been said above. See below, C h . 3, Sect. 4. See C h . 5, Sect. 6 on this subject. O n the other hand, i n so far as the practical result o f this threat o f the use o f the ban u p o n the g r o w t h o f the a u t h o r i t y o f the rabbinate is concerned, i t is sufficient to m e n t i o n here the effectiveness o f that threat i n connection w i t h the dispute w h i c h took place s u r r o u n d i n g the appearance i n I m o l a o f one ordained b y R. A b r a h a m h a - K o h e n (see above, C h . 2, Sect. 3). T h i s is certainly adequate p r o o f that, i f the frequent use o f the ban was also a sign o f weakness, i t was not exclusively so! 1 6 0

1 6 1

A s t r i k i n g example may be seen i n the words o f M o n t a i g n e , w h o was present i n R o m e at the t i m e o f the solemn proclamation o f the ban against all those rulers w h o held C h u r c h p r o p e r t y . H e wrote i n his j o u r n a l : 'auquel article les Cardinaux de M e d i c i s et Caraffe, q u i etoint jouignant le Pape se r i o i n t bien f o r t ' (and here [i.e. upon hearing the words of the ban] Cardinals M e d i c i and Caraffa, who were together w i t h the Pope, laughed greatly), Journal, i . 260. 1 6 2

4. Authority and Privileges

73

t h a t t h i s was h a r d l y i n t h e interest o f the c o m m u n i t i e s , as t h e b a n was

t h e m o s t p o w e r f u l p r i n c i p a l i n s t r u m e n t o f coercion

available to t h e J e w i s h c o m m u n a l leadership. N o t s u r p r i s i n g l y , a tendency developed t o make t h e i m p o s i t i o n o f the b a n c o n t i n g e n t u p o n t h e p e r m i s s i o n o f t h e c o m m u n i t y ' s lay l e a d e r s h i p ,

1 6 3

and to

p r o h i b i t the p u b l i c a t i o n w i t h i n the c o m m u n i t y o f bans b r o u g h t f r o m other p l a c e s .

1 6 4

B y these means, the c o m m u n i t i e s a p p l i e d

t h e i r o w n p r i m a r y m e c h a n i s m o f p u b l i c c o n t r o l u p o n the r a b b i n i c use o f the prerogative o f e x c o m m u n i c a t i o n . T h e r a b b i s saw these efforts t o make t h e i m p o s i t i o n o f the b a n c o n t i n g e n t u p o n lay agreement as an a f f r o n t t o t h e i r o w n h o n o u r a n d a u t h o r i t y . T h u s , i t is n o t s u r p r i s i n g t h a t t h e y opposed t h i s t r e n d , even t h o u g h c e r t a i n expressions o n t h i s issue suggest t h a t the rabbis d i d n o t e n t i r e l y reject t h e a r g u m e n t t h a t there was need f o r some sort o f c o n t r o l over the use o f bans ( a l t h o u g h t h e y argued t h a t t h i s s u p e r v i s i o n o u g h t n o t t o be r e m o v e d f r o m the r e a l m o f t h e r a b b i n a t e ) . T h u s , w h e n the a p p o i n t e d r a b b i o f the c o m m u n i t y o f Padua insisted t h a t t h e lay leaders o f his c o m m u n i t y present themselves before a C o u r t o f V e n e t i a n rabbis c o n c e r n i n g t h e i r decision to use the p r e r o g a t i v e o f e x c o m m u n i c a t i o n w i t h o u t c o n s u l t i n g any r a b b i , R. S a m u e l J u d a h K a t z e n e l l e n b o g e n r e f r a i n e d f r o m discussing t h e edict i t s e l f a n d c o n t e n t e d h i m s e l f w i t h t h e b r i e f c o m m e n t : ' I shall n o t address m y s e l f t o t h e parte ^ 1

itself,

for I hope t h a t t h e i n t e n t i o n was t o w a r d s r e s t r i c t i n g regulations d i r e c t e d f o r t h e g o o d o f t h e w h o l e ; therefore, I shall n o t suspect y o u n o r raise objections to i t , a n d f o r m y p a r t let i t stand as written.'

1 6 6

comments

O n t h e o t h e r h a n d , m o r e extensive a n d e m o t i o n a l were

conveyed

by

R.

Abraham

Menahem

h a - K o h e n (1520-after 1594) to the lay leaders o f C a n d i a :

Porto 1 6 7

T h e ordinance regarding this matter was already i n effect i n R o m e i n 1525; see A . M i l a n o , ' I " C a p i t o l i " d i D a n i e l da Pisa', RMI10 (1935-6), 422. F o r Venice, at least i n the year 1594, see S. Bernstein (ed.) Diwwan le-Rabbi Yehudah Aryeh Modena (Philadelphia, 1932), 113-15, and above, n . 159. F o r Padua, i n 1585, see Pinkas Padua, sect. 212, p p . 185-6. O n Verona, see C h . 3, Sect. 4a. 1 6 3

1 6 4

1 6 5

See C h . 4, Sect. 4. i.e. decision.

Pinkas Padua, sect. 214, p. 187. Teshuvot R. Avraham Menahem Porto ha-Kohen, sect. 18. T h e opening o f this responsa is cited b y M . G i i d e m a n n , Ha-Torah veha-Hayyim (Warsaw, 1897-9; Jerusalem, 1972), i . 279-80. T h e text o f the ordinance o f Candia, to w h i c h the responsum o f A b r a h a m M e n a h e m Porto h a - K o h e n refers, is cited b y E. S. H a r t o m and U . Cassuto, Takkanot Kandia ve-Zikhronoteha (Jerusalem, 1943), 158-9. I have copied here those selections f r o m the responsa o f R. A b r a h a m M e n a h e m P o r t o h a - K o h e n w h i c h seemed to be significant for m y subject, f r o m M S Jerusalem H e b . 3904 8°, fos. I 4 3 b - i 4 6 b . 1 6 6

1 6 7

74

2. Social Meaning of Rabbinic Ordination

A voice o f trouble comes from the holy community of Candia; there is dispute among the sages concerning edicts issued by the majority o f the community . . . A n d anger has gone out . . . concerning one d e t a i l o f the edicts, paragraph number 14, i n which i t is said that 'under a fine of one hundred Venetian ducats and banishment for three years, the excellent rabbis cannot excommunicate any man, for whatever reason, unless they first approach the connestabile so that he w i l l consult his advisors, and only then the rabbis may rule upon that man and declare h i m to be banned and criminal, i n accordance w i t h the agreements of Our Excellent Government [i.e. the Venetian ruler]. A n d now we find that there are Rabbinic scholars who object to this section, arguing that each sage may excommunicate on his own, even without the consent of the community and without the knowledge o f the connestabile and his advisers . . . I am disturbed because, even i f they used to do so from ancient times, as i t would appear from the language of the e d i c t ... it is not to be considered an 'ancient custom' [and therefore considered as valid as falling under customary law], nor is i t i n accordance w i t h the Torah and the Sages, for the laws o f excommunication are capital matters, and more stringent even than the laws o f corporal punishment . . . A n d what have the connestabile and his advisors to do w i t h such laws o f bans? . . . Is it possible that they should overrule the scholar, to withhold permission to the Masters o f the L a w to curse and to excommunicate and to promulgate various restrictions and edicts to prevent people from doing wrong? For this is to place a muzzle on the mouths o f the sages and chains on their c h e e k s and to uproot the soil o f the T o r a h — n o t for them shall be the rule of redemption. Is i t possible and can i t be imagined by any intelligent person that the teachers and rulers o f what is forbidden and prohibited not be allowed to move without the permission o f those reed-cutters? . . . A n d i f you fear that perhaps the T o r a h makes them [the rabbis] quick-tempered [i.e. 1 6 8

1 Q 9

170

111

1 7 2

173

if you think the rabbis may act hastily out of anger]

174

. . . Then do not

allow them to ban or to excommunicate unless all the ordained rabbis of the community gather together, and take a decision by the majority, 1 6 8

i.e. decision.

i.e. the head o f the c o m m u n i t y . i.e. his advisers. I n a non-Jewish ordinance, i.e. one f r o m the government. T h e w o r d i n g o f the edict—'as registered i n sect. 28 [or 58], and as established by H i s Excellency the I n q u i s i t o r i n 1515 and b y H i s Excellency the G o v e r n o r i n 1545'— indicates that i t had been approved by the I n q u i s i t o r sixty years earlier, and by the authorities t h i r t y years before. T h e reference to the i n q u i s i t o r clearly reflects the closeness o f the ties between the officials o f the c h u r c h and those o f the government concerning the subject o f the ban. T h e subject itself is deserving o f fundamental d e f i n i t i o n , f o r w h i c h this is n o t the proper place. See also below, C h . 5, n . 29. i.e. one places an obstacle before t h e m . Based u p o n a phrase used i n Ezek. 38: 4. T h e figure o f speech is taken f r o m Babylonian T a l m u d , T a ' a n i t 4a. 1 6 9

1 7 0

1 7 1

1 7 2

1 7 3

1 7 4

4. Authority and Privileges

75

or by two-thirds o f them. But there shall not be included among them men who are not ordained or properly trained. Thus, the law w i l l emerge clearly out o f the discussion among them. E v e n R. A b r a h a m M e n a h e m P o r t o h a - K o h e n d i d n o t e n t i r e l y reject t h e p o s s i b i l i t y t h a t ' t h e T o r a h makes t h e m q u i c k - t e m p e r e d ' , at least i n so far as those r a b b i s w h o h a d s h o w n a tendency t o make exaggerated use o f t h e b a n were concerned. I n such cases, he w o u l d agree t h a t some f o r m o f c o n t r o l be exercised over t h e m ; nevertheless,

i n his o p i n i o n , the agreement o f t w o - t h i r d s o f a l l

the r a b b i s i n a g i v e n place was sufficient guarantee against a l l possible

contingencies.

175

A n o r d i n a n c e issued i n F e r r a r a i n 1554, w h i c h forbade

any

r a b b i f r o m i m p o s i n g a b a n w i t h o u t the agreement o f the c o m m u n i t y rabbi,

succeeded i n r e d u c i n g

somewhat

the r a b b i s a n d the c o m m u n a l leaders.

the tension As

we

between

shall see,

this

o r d i n a n c e , w h i c h was o n l y i n effect i n those c o m m u n i t i e s w h e r e a c o m m u n a l r a b b i h a d i n fact been a p p o i n t e d , i n d i c a t e d t h e s t r e n g t h e n i n g o f the i n t e r n a l s t r u c t u r e o f c o m m u n i t y g o v e r n m e n t more

t h a n i t d i d t h a t o f the status

o f the r a b b i . I n

those

c o m m u n i t i e s i n w h i c h there was n o c o m m u n a l r a b b i , the F e r r a r a ordinance their

prevented

decisions

only

elsewhere.

excommunication

were

rabbis In

from

such

other

cases,

left t o the d y n a m i c s

cities

issues

imposing

relating

to

of confrontation

between the local r a b b i s a n d the lay leaders o f t h e i r c o m m u n i t i e s . I n any event, t h e establishment o f the c o m m u n i t y o r g a n i z a t i o n l e d to a clear a n d decisive i n v o l v e m e n t o f the c o m m u n i t y i n the use o f the w e a p o n o f e x c o m m u n i c a t i o n . A s a result, the p o w e r o f the b a n became progressively weakened as a means o f i m p o s i n g personal a u t h o r i t y , a n d increasingly became a means o f e n f o r c i n g the a u t h o r i t y o f c o m m u n a l i n s t i t u t i o n s . A s opposed t o the tendency t o r e s t r i c t r a b b i n i c

prerogatives

i n those areas i n w h i c h such r e s t r i c t i o n s aided the o r d e r l y c o n d u c t o f c o m m u n a l l i f e , there are n o i n d i c a t i o n s o f any a t t e m p t t o c u r t a i l the r i g h t s o f those w h o h a d a c q u i r e d o r d i n a t i o n i n the p u b l i c l y accepted m a n n e r . T h e s e r i g h t s elevated o r d a i n e d i n d i v i d u a l s t o an h o n o u r a b l e status w i t h i n J e w i s h society, w e l l above t h a t o f the general

populace.

1 7 6

Cf. the objections o f R. Moses Basola to the ordinances o f Ferrara f r o m 1554, below, C h . 3, Sect. 5. E v e n w i t h i n the C h r i s t i a n camp, the status o f the ordained r a b b i was seen as one o f dignitas. See e.g. h o w at the end o f the 16th c e n t u r y a C h r i s t i a n i n q u i s i t o r addresses 1 7 5

1 7 6

76

2. Social Meaning of Rabbinic

Ordination

G e n e r a l l y speaking, the place o f h o n o u r i n the s y n a g o g u e and i n other social or religious g a t h e r i n g s

1 7 8

1 7 7

was reserved for the

o r d a i n e d rabbis. R a b b i s were considered especially t r u s t w o r t h y i n community matters.

1 7 9

T h e y also received p r e s e n t s — p a r t i c u l a r l y

d u r i n g the three f e s t i v a l s

1 8 0

— b u t also o n o t h e r occasions. T h u s ,

for example, R. M o r d e c a i D a t o r e p o r t s t h a t , o n t h e occasion o f his v i s i t t o F e r r a r a , he gave a 'present t o the excellent r a b b i ' .

1 8 1

R a b b i s were freed f r o m c e r t a i n r e s t r i c t i o n s i m p o s e d u p o n the rest o f the c o m m u n i t y , such as s u m p t u a r y laws. T h u s , i n t h e pragmatica o f the c o m m u n i t y o f M a n t u a f r o m the year 1599, we read t h a t 'the excellent o r d a i n e d r a b b i s , b y the agreement o f the C o m m i t t e e , are

a l l o w e d t o dress as

physicians'.

1 8 2

they

please, as

are

the

honourable

T h e s u m p t u a r y laws o f V e n i c e f r o m 1545 stated

t h a t the rabbis were n o t i n c l u d e d w i t h i n the r e s t r i c t e d n u m b e r o f guests one was a l l o w e d t o i n v i t e t o a w e d d i n g , a n d t h a t the r a b b i w h o blessed

the n e w m o t h e r o n her

first

visit to the

synagogue f o l l o w i n g c h i l d b i r t h was also e n t i t l e d t o a special g i f t o f d r i n k (or perhaps a ' t i p ' ) .

1 8 3

T h e wives o f the rabbis also enjoyed a special status. E v i d e n c e i n all s i m p l i c i t y a Jewish R a b b i as 'an habet d i g n i t a t e m R a b b i n i ' ( C . Boccato, ' U n processo contro ebrei d i Verona alia fine del Cinquecento', RMIqo

(1974), 358). O n the

dignitas

o f the doctors, see below, Sect. 5. See also above, C h . 1, Pt. 2. 1 7 7

Discussed at greater length i n C h . 3, Sect. 10.

See i m m e d i a t e l y below. e.g. i n the ordinances o f the c o m m u n i t y o f Ferrara assisting those c o m m u n i t i e s expelled f r o m the Papal states, there are added to those appointed over the collection o f money 'the parnas w h o cares for that office and three Masters o f T o r a h ' ( I . Sonne (ed.), Mi-Pavlo ha-Revi'i 'ad Pius ha-Hamishi, 224). Compare below, i n C h . 3, how this matter passed o n to the r a b b i w h o was appointed f r o m the c o m m u n i t y . 1 7 8

1 7 9

See Sonne, 'Basic Premisses', 180. See I . Elbogen, ' U n a nota d i spese sel secolo X V I ' , RI3 (1906), 161. S i m i l a r l y , i t was decided i n the C o m m u n i t y C o u n c i l i n Padua to use a certain s u m that had been collected by i t — h a l f o f w h i c h was 'the gift to the Ga'on R. Samuel J . Katzenellenbogen i n Venice, and the other h a l f w i l l be d i v i d e d b y the appointed ones, part o f i t to t w o virgins f r o m our c o m m u n i t y k n o w n to t h e m , and p a r t for flour for Passover for the poor people o f our c o m m u n i t y , and to repair the w i n d o w s o f the great Synagogue'. See 'Pinkas h a - M e d i n a h be-Padua', fo. 71b. T h e pragmatica was p r i n t e d o n a separate page, one copy o f w h i c h (possibly the only one) has been preserved i n the c o m m u n a l archive i n M a n t u a ; a m i c r o f i l m exists i n I M H M , no. H M 207. N o t e the comparison o f the rabbi's status w i t h 'the level o f physicians'. See also below, C h . 3 n . 72, and n . 358. I have n o t at present f o u n d that the ordained rabbis i n I t a l y wore special garments u n i q u e to their status, as was the practice o f other places; see Breuer, 'Ashkenazic O r d i n a t i o n ' , 42. 'Compozione'; see Sonne, 'Basic Premisses', 159; cf. Yizhak m i n h a - L e v i ' i m , Medabber Tahapukhot (1912), 179. 1 8 0

1 8 1

1 8 2

1 8 3

4> Authority and Privileges

11

o f t h i s appears i n a discussion b y R. J u d a h M i n z o f a case i n w h i c h the v i r g i n i t y o f a b r i d e was

questioned.

1 8 4

I t transpired that my distinguished relative Rabbi Kaplan agreed to accept testimony from the honourable women, the wives of the colleagues ordained and licensed to rule, o f whose wives i t is said that 'the wife of a Colleague is considered like a Colleague'. T h e custom here i n the holy community o f Padua is to take them alongside the other honourable women to show them the blood of virginity; and those women who testified to the blood o f virginity of M r s Yutlan . . . were, first, the R a b b a n i t M r s Olke, wife of Rabbi Zangwill, and second, the Rabbanit M r s M i n g e i t , the widow o f Rabbi Anshel Segal, o f blessed memory. 185

186

187

T h e example o f t h e r a b b i w h o blessed a w o m a n after c h i l d b i r t h is b u t one o f the ways i n w h i c h sacral expression was g i v e n to the image o f the r a b b i i n I t a l y . R. L e o n e M o d e n a r e p o r t s i n his a u t o b i o g r a p h y t h a t his fiancee asked before her death ' t h a t t h e y call a r a b b i f o r her t o c o n f e s s — a n d he came a n d she Confession',

188

and

how,

when

recited

he h i m s e l f h a d a feeling

of

i m p e n d i n g death, he r e c i t e d confession 'before t e n people, three o f them being r a b b i s . '

1 8 9

H e also t o l d h o w he r e c o u n t e d a c e r t a i n

d r e a m t o R. S o l o m o n S f o r n o , ' a n d he i n t e r p r e t e d i t , t h a t i n the f u t u r e m y w i f e w o u l d give b i r t h t o a d a u g h t e r , a n d I w o u l d name her after m y m o t h e r ' .

1 9 0

A t t i m e s , the r a b b i s ' answers t o t h e i r

i n t e r l o c u t o r s c o n t a i n e d magical elements, i n d i c a t i n g the r a b b i s ' sacral u n d e r s t a n d i n g o f t h e i r o w n r o l e w i t h i n society. T h u s , for example, a r a b b i i n V i a d a n a

1 9 1

t o l d a w o m a n w h o had d i f f i c u l t y

i n c h i l d b i r t h ' t h a t a T o r a h scroll s h o u l d be b r o u g h t a n d h e l d to J . M i n z , Teshuvot, sect. 6. Shavu'ot 30b; ' A v o d a h Zarah 39a. T h i s is f u r t h e r evidence o f the fact that the t e r m rabannit (wife o f a r a b b i ) naturally went together w i t h the t i t l e Morenu ha-Rav, at least i n Ashkenazic circles i n I t a l y . Compare, m a n y years later, the statement o f ownership at the b e g i n n i n g o f M S Parma 653 ( w h i c h includes the prayer book for the entire year): 'Tuesday, 4 t h day o f the m o n t h o f A v , [5311/1551], I purchased this prayer [ b o o k ] f r o m the Rabbanit the w i d o w o f R a b b i E l i j a h H a l f a n . . .' A m o n g the Ashkenazim, the t i t l e was i n use for many generations p r i o r to the period under discussion here. 1 8 4

1 8 5

1 8 6

See also C h . 3, Sect. 10, on the special status enjoyed by the wife o f the c o m m u n a l l y appointed r a b b i . L . M o d e n a , Hayyei Yehudah, 45. I b i d . 111. 1 8 7

1 8 8

1 8 9

I b i d . 53. H e likewise asked R. A b r a h a m o f Rovigo whether his second marriage w o u l d be successful, and he was t o l d that he w o u l d n o t be successful w i t h her i n business matters, and that i f he m a r r i e d her she o u g h t to change her n a m e — a n d she therefore changed her name to D i a n a ( i b i d . 37). 1 9 0

1 9 1

A small t o w n near M a n t u a .

2. Social Meaning of Rabbinic Ordination

78

her breast, a n d she w o u l d be saved f r o m her t r a v a i l ' — a suggestion w h i c h aroused the fierce o p p o s i t i o n o f R a b b i A z r i e l D i e n a .

1 9 2

T o t h i s m u s t be added the c e n t r a l role o f the rabbis i n issues related to bans a n d oaths, as already n o t e d .

1 9 3

T h i s image was enhanced b y t h e fact t h a t some o f these rabbis engaged i n astrology, perhaps o u t o f the desire f o r t o t a l k n o w l e d g e i n accordance w i t h the best m e d i e v a l t r a d i t i o n , the w i s h t o f u l f i l the requests o f t h e i r c o n t e m p o r a r i e s ,

1 9 4

or t h e w i s h t o make use

o f t h i s s k i l l as an a d d i t i o n a l source o f i n c o m e . T h e m o s t talented even offered t h e i r services to r u l e r s as f o r t u n e - t e l l e r s . R. B o n e t de L a t t e s w o r k e d i n the service o f t h e Pope at t h e e n d o f the fifteenth

century;

1 9 5

R. K a l o n y m o s b . D a v i d K a l o n y m o s was i n

the service o f t h e D u k e o f B a r i ;

1 9 6

o f t h e w e l l - k n o w n R. E l i j a h H a l f a n ,

R. A b b a M a r i H a l f a n , father 1 9 7

s i m i l a r l y interested h i m s e l f

i n these sciences, as m a y be seen f r o m a list o f his books w h i c h has been

preserved.

1 9 8

I n the c o n t e x t o f t h i s sacral image o f t h e r a b b i , i t is w o r t h n o t i n g t h e constant d e m a n d o f the rabbis t o displace t h e m e m b e r s o f t h e p r i e s t l y t r i b e (kohanim), t r a d i t i o n a l l y called u p first t o t h e p u b l i c r e a d i n g o f the L a w i n t h e synagogue. I n t h e m i d d l e o f the s i x t e e n t h c e n t u r y , R. Jacob I s r a e l b . Raphael F i n z i w r o t e t h a t ' b y l a w a T a l m u d i c sage o u g h t t o precede an i g n o r a n t kohen\

Basing

199

his decision u p o n a l o n g l i s t o f i m p o r t a n t

a u t h o r i t i e s f r o m M a i m o n i d e s d o w n t o R. A s h e r , he stated: H o w much more so i n our generation, when there are kohanim who cannot even read, these should not be called up before an ordained See S. Assaf, T h e Responsa o f R. A z r i e l D i e n a ' ( H e b . ) , ^ 1 4 (1937-8), 543. Above, C h . 2, Sect. 4. 194 p interest o f contemporaries i n matters o f astrology and magic see e.g. E. G a r i n , Medioevo e Rinascimento ( B a r i , 1966), 150-91. 1 9 2

1 9 3

o

r

t

n

e

D . G o l d s c h m i d t , 'Boneto de Lattes e i suoi s c r i t t i l a t i n i e i t a l i a n i ' , i n Scritti memoria di Enzo Sereni (Jerusalem, 1970), 8 8 - 9 4 . 1 9 5

in

See M S Parma 336, w h i c h is a collection o f selections o n astrological subjects, partially f r o m R. D a v i d , the father o f R. K a l o n y m o s , and o f his b r o t h e r R. H a y y i m . A t the end o f the m a n u s c r i p t , there is a p r e d i c t i o n o f the f u t u r e for the 1490s, similar i n f o r m t o that o f the horoscopes o f R. Bonet de Lattes, described by G o l d s c h m i d t i n his article, 'Bonet de Lattes'. I t o u g h t to be noted that this R. K a l o n y m o s understands astrology as 'among the other speculative and t a l m u d i c wisdoms' ( M S Parma 336, 77a), that is, as p a r t o f a u n i t y i n w h i c h astrology is i n c l u d e d i n an organic way. 1 9 6

T h e above M S , fos. 4 4 - 7 , gives 'the reasons for the c o m m a n d m e n t s f r o m the tables o f Alfonso, a t t r i b u t e d b y R. K a l o n y m o s h i m s e l f to 'R. A b b a M a r i , the father o f m y son-in-law R. E l i j a h H a l f a n ' . i » See below, C h . 6, n . 25. 1 9 7

9

' T e s h u v o t R. Ya'akov Yisrael F i n z i ' , sect. 5. T h e responsum is cited i n f u l l i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 1, 209-12. 1 9 9

4. Authority and Privileges

79

scholar . . . A n d to the objection that today there is no real ordination and no such thing as a real scholar (talmid-hakham), I would reply that we are the agents o f our forefathers, and that Jephthah i n his generation was as worthy as Samuel i n his. A n d as i n this generation there are wise people who know the T o r a h , they ought to be granted the honour of being called to the T o r a h prior to these ignorant kohanim, for the sages and priests of this generation are not inferior to the sages and priests i n the time o f the T a l m u d . . . 200

201

A l t h o u g h t h i s r e s p o n s u m related to a specific case, the a u t h o r gave i t a p r o g r a m m a t i c tone b y concealing

any details w h i c h

w o u l d enable us to i d e n t i f y the actual case w h i c h p r o m p t e d his r e p l y , p u b l i s h i n g his r u l i n g i n his c o m m e n t a r y o n the

Prayer

B o o k a m o n g the laws p e r t a i n i n g to the p u b l i c r e a d i n g o f the Torah.

2 0 2

I m p l i c i t i n R. Jacob Israel F i n z i ' s r e s p o n s u m is a clear sense o f the s t r i v i n g s o f the rabbis o f t h i s p e r i o d t o alter

ancient,

well-established c u s t o m a n d to receive the prerogative o f b e i n g called t o the T o r a h even p r i o r t o the kohanim. t o great c o n t r o v e r s y

203

T h i s wish led

w i t h i n the c o m m u n i t y , clear evidence o f

w h i c h is reflected i n an i n c i d e n t w h i c h o c c u r r e d i n U r b i n o i n 1571, a n d was subsequently generation.

2 0 4

discussed a m o n g the rabbis o f t h a t

I n contrast to R. J e h i e l T r a b o t , w h o addressed

the m e m b e r s o f his c o m m u n i t y w i t h the request t h a t t h e y take care n o t t o violate the respect due t o t h e kohen, R. Isaac F i n z i stated t h a t ' i t is p e r m i t t e d a n d desirable a n d r e q u i r e d ' to call u p the r a b b i before the kohen, w h o 'does n o t k n o w h o w t o read, so h o w can he recite the blessing over the T o r a h a n d read; t o the c o n t r a r y , i t is f o r b i d d e n t o do so, for he is r e c i t i n g a blessing for n a u g h t ; m o r e o v e r , b y law a scholar w h o is n o t a kohen has p r i o r i t y over a kohen w h o is n o t a scholar'. N o t e : 'there is neither o r d i n a t i o n nor any R a b b i n i c sage'; i.e. p u t s i m p l y ; ordained r a b b i = t a l m i d hakham. 2 0 0

Based u p o n Y o m a 19a and K i d d u s h i n 23b. See J . I . F i n z i , ' M a k k a b i : Perush h a - T e f i l l o t v e - T a ' a m e i h a - D i n i m ' , M S C a m b r i d g e A d d . 512 ( I M H M 16805), 24ob-244a. T h e r e are certain changes and additions i n the r u l i n g f o u n d i n the 'Perush h a - T e f i l l o t ' , as compared w i t h the r u l i n g i n his responsa. Cf. the c o m m e n t a r y o f R. O b a d i a h o f B e r t i n o r o to M i s h n a h , G i t t i n 5 : 3 . See, on the other h a n d , Zedekiah b . A b r a h a m A n a v , Shibbolei ha-Leket ha-Shalem, sect. 32: S. B u b e r edn. ( V i l n a , 1886), 16, 1; S. M i r s k y edn. ( N e w Y o r k , 1966) 230. See also below, C h . 3, n . 302. J . B o k s e n b o i m (ed.), Teshuvot Matanot Ba-adam ( T e l A v i v , 1983), sect. 1 (Teshuvot R. Isaac Finzi) and sect. 2 (Teshuvot R. Yehiel Trabot). 2 0 1

2 0 2

2 0 3

2 0 4

8o

2. Social Meaning of Rabbinic Ordination T h e analogy d r a w n between the d i g n i t y i n h e r e n t i n knowledge

o f the L a w a n d t h a t d e r i v e d f r o m m e m b e r s h i p i n the ' p r i e s t h o o d ' is clearly present i n other r a b b i n i c w o r k s o f t h a t generation. W e m a y therefore conclude w i t h reasonable c e r t a i n t y t h a t there was a definite tendency to b r i n g this n o t i o n to the a t t e n t i o n o f the c o m m u n i t y . F o r example, R. O b a d i a h S f o r n o saw i n the s y m b o l i s m associated w i t h the T e m p l e a n d its vessels a clear parallel between the tasks o f the h i g h priest i n r e l a t i o n to those o f the other priests and t h a t o f the scholars as c o m p a r e d t o the p e o p l e .

2 0 5

Similarly,

R. J u d a h M o s c a t o i n t e r p r e t e d the verse, ' a n d y o u shall be for m e a people o f priests a n d a h o l y n a t i o n ' , ( E x o d . 19: 6) b y stating ' " a k i n g d o m o f p r i e s t s " — t h a t is to say, a k i n g d o m o f sages, " f o r the m o u t h o f the priest shall g u a r d k n o w l e d g e ,

a n d they shall

seek teaching

I t is

f r o m his l i p s " ( M a i . 2: 7 ) ' .

2 0 6

possible

t h a t this p a r t i c u l a r u n d e r s t a n d i n g o f the r a b b i ' s f u n c t i o n

was

influenced b y c o m m o n l y h e l d views i n the n e i g h b o u r i n g C a t h o l i c world.

2 0 7

I n any event, t h i s sacral-clerical d i m e n s i o n added force

to the widespread t r e n d t o w a r d s raising the r a b b i above the rest o f the c o m m u n i t y . D e s p i t e t h e i r aggressive d e m a n d , the rabbis d i d n o t succeed i n a l t e r i n g the ancient R a b b i n i c practice b y h a v i n g themselves called

to the T o r a h

before

the kohanim.

They

were

equally

unsuccessful i n preserving t h e i r special p r i v i l e g e o f e x e m p t i o n f r o m taxes. T h i s p r i v i l e g e h a d a l o n g a n d r i c h t r a d i t i o n i n r a b b i n i c literature,

2 0 8

i n a sense s i m i l a r t o the parallel privileges o f doctors

within Christian society.

2 0 9

A l r e a d y i n 1460, the Jews o f S i c i l y

a t t e m p t e d to o b t a i n an e x e m p t i o n f r o m r o y a l taxes for those rabbis defined as magistri scolarium o n the a r g u m e n t t h a t this was

fitting

according to M o s a i c l a w as w e l l as according to inveterate c u s t o m

(tarn per legem mosaycam quam per continuam

observanciam).

210

See p r i n c i p a l l y Kavvanot ha-Torah, 8 9 - 9 0 . J . Moscato, Nefuzot Yehudah (Venice, 1589), Sermon 33, 148a. Compare his comments concerning the rosh-yeshivah and the yeshivah, above, C h . 1, Sect. 1. See the comments o f R. M o r d e c a i D a t o cited above, Sect. 1, n . 28, and see also above, Sect. 4. See S. Shilo, Dina de-Malkhuta Dina (Jerusalem, 1975), 3 0 - 4 , 252-7, the b i b l i o g r a p h y listed there, and the note appended. O n these privileges i n I t a l y , see A . Pertile, Storia del diritto italiano dalla caduta delPImpero Romano alia Codificazione, I I (Bologna, 1968), Pt. 2, 357. W e shall r e t u r n to this p o i n t immediately. 2 0 5

2 0 6

2 0 7

2 0 8

2 0 9

i.e. b o t h according to Mosaic L a w and to the custom f o u n d i n the t r a d i t i o n . See M . Gaudioso, La comunitd ebraica di Catania nei secoli XIV e XV (Catania, 1974), 106, 118. 2 1 0

4. Authority and Privileges

81

R. O b a d i a h S f o r n o s t i l l t h o u g h t t h a t a scholar s h o u l d be e x e m p t e d f r o m p a y i n g taxes: Even i f he is very wealthy and successful i n business, so long as a scholar devotes most of his time to Torah, his business occupation is temporary as compared w i t h his involvement i n study, which is considered his principal occupation, so that he belongs to the class o f 'all his holy ones i n your hands' [cf. Deut. JJ: j ] . . . W h o would dare to a r g u e against the L a w o f our God, to tax people who are His and holy, thus bringing guilt upon the people? Heaven forfend that there should be such a thing i n I s r a e l ! 2 1 1

212

213

T h e sharp w o r d i n g o f this r e s p o n s u m is clear evidence t h a t t h e r i g h t o f scholars to t h i s p r i v i l e g e was b e i n g questioned at t h e time o f this a u t h o r .

2 1 4

I t seems l i k e l y t h a t the considerable b u r d e n

i m p o s e d u p o n Jews b y t h e r u l i n g a u t h o r i t i e s , together w i t h t h e extensive i n v o l v e m e n t

o f o r d a i n e d rabbis i n h i g h l y

profitable

businesses, p a r t i c u l a r l y b a n k i n g , u l t i m a t e l y decided the issue i n favour o f a b o l i t i o n o f the p r i v i l e g e c l a i m e d b y the r a b b i s .

A

c e r t a i n degree o f tension between t h e r a b b i s ' a r g u m e n t s a n d the needs o f the c o m m u n i t y accompanied t h i s process, a n d t h u s f o u n d expression i n some o f the f o r m s o f t a x a t i o n , such as the t e m p o r a r y arrangement m a d e i n M a n t u a i n 1572 been expelled f r o m P e s a r o .

t o assist those w h o h a d

2 1 5

T h e s t r e n g t h o f the r a b b i s ' a r g u m e n t for tax e x e m p t i o n , even d u r i n g t h e second h a l f o f the sixteenth c e n t u r y , m a y be i n f e r r e d f r o m the responsa o f some scholars w h e n the c o m m u n i t y

of

B o l o g n a decided t o d e m a n d taxes f r o m f o u r teachers, w h o h a d 2 1 1

See B a b y l o n i a n T a l m u d , Baba Batra 8a.

2 1 2

i.e. one w h o wishes to strengthen his o p i n i o n — a w o r d - p l a y based u p o n Genesis

27- 33¬ T h e responsum was published i n f u l l b y E. F i n k e l , R. Obadja (Breslau, 1896), p p . x - x i . 2 1 3

Sforno

als

Exeghet

T h a t is to say, l o n g before the end o f the 16th cent. Cf. M . A . Shulvass, The in the World of the Renaissance ( L e i d e n and Chicago, 1973), 72, 96-7. 2 1 4

Jews

T h e H o l y Congregation (i.e. the merchants) are to pay a quarter, the bankers t w o - t h i r d s , 'and the class o f the rabbis, the remainder'. See Sonne, Mi-Pavlo, 213; S. S i m o n s o h n , ' T h e Organization o f Jewish A u t o n o m o u s R u l e i n M a n t u a , 1511-1630' ( H e b . ) , Zion, 21 (1956), 154. See also 'Pinkas Verona' i i , fo. 80a, for the decision concerning payment o f 'the extraordinary taxes' i n 1569: 'and R. E p h r a i m and I I , Yoez, w i l l pay a t h i r d o f the above, according to the sum imposed u p o n one couple'. See the ordinances o f F o r l i f r o m 1418: 'and no one shall be exempt . . . either the Colleagues or any m a n apart f r o m those w h o receive c h a r i t y ' ; that is to say, there was logical reason for t h i n k i n g that the Colleagues were exempt, and against this reasoning their obligation to participate i n payments is stressed. 2 1 5

82

2. Social Meaning of Rabbinic

p r e v i o u s l y been e x e m p t .

2 1 6

Ordination

A s we have said, t h i s a r g u m e n t was

n o t sustained, a n d the c o m m u n i t i e s r e q u i r e d t h e r a b b i s t o pay taxes l i k e o t h e r m e m b e r s o f the c o m m u n i t y . N o t even a h i n t o f a r a b b i n i c a l e x e m p t i o n m a y be f o u n d i n the c o m m u n a l registers, w h e r e one finds rabbis assessed l i k e everyone e l s e .

2 1 7

O n t h e o t h e r h a n d , there is a t e n d e n c y t o e x e m p t t h e m f r o m p a y i n g taxes w h e n they are a p p o i n t e d t o c o m m u n a l office a n d t h e i r i n c o m e comes f r o m the c o m m u n a l coffers. T h i s ,

however,

does n o t seem a consequence o f t h e i r b e i n g considered as scholars, b u t o f t h e i r status as p u b l i c , c o m m u n a l e m p l o y e e s / T h i s

exemption

was n o m o r e t h a n a k i n d o f h i d d e n i n c o m e , g r a n t e d t o o t h e r officials as w e l l , a n d d i d n o t a p p l y t o t h e c o m m e r c i a l p r o f i t s o f the r a b b i s .

2 1 8

5. O R D I N A T I O N A N D T H E D O C T O R A T E

I n a c e r t a i n sense, the i n s t i t u t i o n o f r a b b i n i c o r d i n a t i o n developed i n a m a n n e r parallel t o t h a t o f t h e doctorate. W e c a n n o t survey here the l o n g t r a d i t i o n r e l a t i n g t o t h e i n s t i t u t i o n o f t h e doctorate f r o m t h e b e g i n n i n g o f the E u r o p e a n u n i v e r s i t i e s .

2 1 9

for

features

our

purposes

to

recall

certain

essential

I t is sufficient of

the

c r y s t a l l i z a t i o n o f the i n s t i t u t i o n d u r i n g the p e r i o d u n d e r discussion. A s is w e l l k n o w n , the p r o c e d u r e b y w h i c h one received t h e t i t l e o f d o c t o r was a p p r o x i m a t e l y as f o l l o w s : after t h e academic d o c t o r a l c o m m i t t e e , t o w h o m the u n i v e r s i t y h a d t u r n e d , h a d favourably

recommended

a p a r t i c u l a r candidate,

the t i t l e

was

f o r m a l l y a w a r d e d i n a special c e r e m o n y , p r o c l a i m i n g the r e c i p i e n t ' s See o n this p o i n t the responsa given i n f u l l i n the H e b r e w e d i t i o n o f this book, D o c u m e n t s 13, 14, p p . 229-34. 2 1 6

e.g. i n an assessment f r o m the M a n t u a c o m m u n i t y f r o m 1571 ( F i l e N o . 1, D o c u m e n t 32), R. Joshua H a y , R. Eleazar H a z a n o f Fano and R. S o l o m o n N o r z i are listed among those paying. I n another list (File N o . 1, D o c u m e n t 62) R. K a l o n y m o s N o v e i r a , R. A h a r o n and his son, R. E p h r a i m , and other sages are listed. I n a list f r o m 1581, there appear too R. J u d a h Moscato and R. J u d a h Provenzali. 2 1 7

See the rabbinic contract o f R. A b r a h a m M e n a h e m h a - K o h e n P o r t o i n V e r o n a — Sonne, 'Basic Premisses', 170. I t is thus also possible to explain w h y R. Samuel R o m i l l i is not taxed i n the later list, m e n t i o n e d i n the previous note, w h i l e o n the other hand he does appear among those w h o pay i n the list w h i c h preceded the last one. 2 1 8

See F r i e d r i c h K a r l v o n Savigny, Geschichte des romischen Rechts in Mittelalter ( H e i d e l b e r g , 1826-31), Pt. 3, C h . 7; Pertile, Storia del diritto italiano, 28. See also H . Rashdall, The Universities of Europe in the Middle Ages ( L o n d o n , 1936; repr. 1951), i . 224-33, d index, s.v. ' g r a d u a t i o n ' . 2 1 9

a

n

5 . Ordination and the Doctorate

83

r i g h t t o be called ' d o c t o r ' a n d t o enjoy the privileges p e r t a i n i n g to his n e w status. T h i s p r o c l a m a t i o n was issued b y t h e chancellor o f the u n i v e r s i t y , or b y some other f u n c t i o n a r y e n t i t l e d t o d o so.

2 2 0

I n some cases, a w r i t t e n d o c u m e n t c o n t a i n i n g the t e x t o f

the p r o c l a m a t i o n was

t h e n g i v e n t o the n e w

doctor.

The

2 2 1

p r i n c i p a l c o m p o n e n t s o f the d i p l o m a d i d n o t change s u b s t a n t i a l l y over the course century

of t i m e

onwards,

they

a n d , at least f r o m t h e f o u r t e e n t h

2 2 2

included

six

main

elements:

(1)

an

i n t r o d u c t i o n — i n c l u d i n g general phrases i n praise o f w i s d o m , as w e l l as u n d e r l i n i n g the r i g h t o f those w h o l a b o u r i n t h e p u r s u i t o f w i s d o m t o receive t h e t i t l e o f d o c t o r as a j u s t r e w a r d f o r t h e i r labours; (2) t h e p r e s e n t a t i o n o f t h e candidate a n d t h e statement t h a t he is i n d e e d w o r t h y o f r e c e i v i n g t h e t i t l e . T h i s

section

i n c l u d e d a d e s c r i p t i o n o f the candidate's scholastic a t t a i n m e n t s , his

v i r t u o u s q u a l i t i e s , his

noble

lineage,

etc.,

as

w e l l as

a

d e s c r i p t i o n o f t h e f o r m a l procedures b y w h i c h these a t t a i n m e n t s came t o be r a t i f i e d . S u c h procedures i n c l u d e d c o n s u l t a t i o n o f the u n i v e r s i t y w i t h a c o l l e g i u m o f p r o m i n e n t scholars

who,

after

h a v i n g investigated t h e candidate, e x a m i n e d h i m i n p u b l i c or p r i v a t e o n a n u m b e r o f specific t o p i c s , i n o r d e r t o c o n f i r m his w o r t h i n e s s o f j o i n i n g the society o f doctors; (3) t h e p r o c l a m a t i o n o f t h e candidate as a d o c t o r b y the a u t h o r i z e d

representatives

o f the u n i v e r s i t y ; (4) t h e e n u m e r a t i o n o f t h e a u t h o r i t y a n d privileges o f t h e n e w d o c t o r ; (5) an attestation t h a t those objects w h i c h served as symbols o f his status (insignia)—i.e.

the book,

the cap, a n d t h e r i n g — h a d been conveyed u p o n t h e n e w d o c t o r ; (6) finally, the bestowal o f t h e kiss o f f r i e n d s h i p a n d peace. 2 2 0

Cancellarius,

2 2 1

T h e earliest preserved o r d i n a t i o n (doctoral) d o c u m e n t seems to be one f r o m

vicarius,

See M . R o b e r t i , Storia 2 2 2

See

etc.

del diritto

italiano

1276.

( M i l a n , 1942), 244.

various versions i n Savigny, Geschichte

der romischen

Rechts.

Comparison o f

the doctorate awarded i n Siena i n 1409 w i t h that granted to R. O b a d i a h Sforno i n Ferrara i n 1501 (see D o c u m e n t 11 i n the H e b r e w e d i t i o n o f this book, p p . 226-7), clearly proves that i n practice they used formulas taken f r o m a f o r m u l a r i u m , w i t h m i n o r changes. F o r a stereotyped f o r m u l a o f this sort, see Formularium Mussis

. . . (Venice, 1530). fos.

substantially

55V-57. The

Instrumentorum

. . . Petri

Dominici

de

f o r m u l a used i n the doctorate was

not

altered even w h e n i t was granted to a Jew, except that i n his case there

were added w o r d s o f encouragement for h i m to convert t o C h r i s t i a n i t y , as w e l l as certain restrictions u p o n the doctoral privileges; see V . C o l o r n i , ' S u l l ' a m m i s s i b i l i t a alia laurea anteriormente (1950),

al secolo X I X ' , Scritti

202-16 and A p p .

(Baltimore,

1944;

2, n . 3. See

2nd ptg. N e w

York,

in onore di Riccardo

also: H . F r i e d e n w a l d , 1967), 258-62,

The Jems

the version

degli

Bachi, and

ebrei

RMI

16

Medicine

p r i n t e d there

by

F r i e d e n w a l d was r e p r i n t e d i n F . Secret, 'Juifs et M a r r a n e s au M i r o i r de T r o i s M e d e c i n s de la Renaissance', REJ

130 (1971), 1 9 0 - 1 .

84

2. Social Meaning of Rabbinic Ordination O u r sources r e l a t i n g t o the procedure

for o r d a i n i n g

convey the clear i m p r e s s i o n t h a t the p r o c e d u r e

rabbis

resembled

g r a n t i n g o f the doctorate, save for the f o r m a l a n d

the

ceremonial

aspect; n a m e l y , the appeal t o a c o m m i t t e e o f examiners a n d the e x a m i n a t i o n b y i t , and the bestowal u p o n the scholar o f special objects s y m b o l i z i n g his new status. W h i l e n o t m a n y o r d i n a t i o n diplomas

have s u r v i v e d

f r o m our p e r i o d ,

2 2 3

the

considerable

s i m i l a r i t y between these d o c u m e n t s , as w e l l as the resemblance between t h e i r s t r u c t u r e a n d t h a t o f the d o c t o r a l

diplomas,

2 2 4

leave n o d o u b t t h a t there was indeed a f o r m a l r e l a t i o n s h i p between the r a b b i n i c a l o r d i n a t i o n a n d the d o c t o r a l d i p l o m a (examples o f these t w o k i n d s o f d o c u m e n t

are g i v e n i n A p p e n d i x

1).

The

o r d i n a t i o n d o c u m e n t s likewise c o n t a i n i n t r o d u c t o r y f o r m u l a s i n praise o f w i s d o m , w h i c h h o n o u r s those w h o h o l d i t ; c o n f i r m a t i o n t h a t the o r d a i n e d r a b b i is w o r t h y o f the t i t l e , thanks t o his attainments i n l e a r n i n g a n d his personal q u a l i t i e s ;

2 2 5

a solemn

p r o c l a m a t i o n o f the r a b b i n i c t i t l e ; a n d details o f the a u t h o r i t y g r a n t e d t o h i m , a n d the privileges to w h i c h he is e n t i t l e d i n his new

status.

A l l these elements are present i n the

rabbinical

d i p l o m a o f o r d i n a t i o n , often i n an o r d e r w h i c h is n o t essentially different f r o m t h a t f o u n d i n the d o c t o r a l d i p l o m a s . T h e r e are even certain s i m i l a r expressions, w h i c h seem t o serve as a s u b s t i t u t e for the f o r m a l g r a n t i n g o f insignia t o the d o c t o r :

2 2 6

See the text o f the o r d i n a t i o n granted by R. Israel Isserlin, Leket Yosher, ed. J . F r e i m a n n , Pt. 2, p. 38; the o r d i n a t i o n o f R. B e n j a m i n o f M o n t a l c i n o , Divrei Rivot, p p . 13-14; that o f R. A b t a l y o n b. Solomon, at the beginning o f Sefer Palgei Mayim (Venice, 1605), 3a; the ordinations issued by R. Leone M o d e n a ( i n c l u d i n g one issued b y R. M e n a h e m Azariah da Fano) at the end o f Teshuvot Ziknei Yehudah. See also A . M a r x , 'R. Joseph d'Arles as Teacher and H e a d o f an A c a d e m y i n Siena' ( H e b . ) , Louis Ginzberg Jubilee Volume ( N e w Y o r k , 1946), p. 294, and D o c u m e n t s 5-10 i n the H e b r e w e d i t i o n o f this book, p p . 217-25. Goitein's remarks, Sidrei Hinukh, 191-2, concerning the r a r i t y o f this type o f document d u r i n g the period o f the genizah, applies as well to the period under discussion here. 2 2 3

224 p comparison o f the o r d i n a t i o n granted by R. Isaac de Lattes w i t h a typical doctoral degree, see D o c u m e n t 12 i n the H e b r e w e d i t i o n o f this book, p p . 227-8. Cf. above, Sect. 3. T h e idea o f g r a n t i n g privileges as compensation for the effort invested b y the ordained i n order to ascend the scale o f w i s d o m deserves to be compared w i t h the similar idea, f o u n d already i n the first Privilegium Scholasticum, published b y F r i e d r i c h I i n 1158. See P. K i b r e , Scholarly Privileges in the Middle Ages: The Rights, Privileges and Immunities of Scholars and Universities at Bologna, Padua, Paris and Oxford ( L o n d o n , 1961), 10 ff. 226 F the o r d i n a t i o n granted by R. Isaac de Lattes to R. Samuel K a z a n i , ' T e s h u v o t R. Yizhak m i - L a t t e s ' , M S V i e n n a — N a t i o n a l L i b r a r y 80 ( I M H M 1303), fo. 128; published i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 8, p. 222; cf. D o c u m e n t s 6 and 12, p p . 220, 227-8. These expressions were also based u p o n an internal Jewish t r a d i t i o n ; see Ben-Sasson, A History of the Jewish People (Cambridge, Mass., 1976), 598. o

r

a

2 2 5

r

o

m

5- Ordination and the Doctorate

85

and there shall be placed i n your hands the garments of the r a b b i s : a stick and a whip w i t h which to beat those deserving of i t by the needs of the hour; a shofar w i t h which to excommunicate every man who rebels against your ordinances . . . a shoe w i t h which to perform halizah; and a quill w i t h which to correct divorces and to issue judgement and to rule i n marital issues, for you are expert i n their nature. 227

I t is clear t h a t the t w o types o f d o c u m e n t differ i n t h e i r details: the

ordination diplomas

o f the

characteristic

by

their nature

world-view

contain

of Judaism

expressions

and

its

specific

p r o b l e m a t i c s . F o r example, one m a y sometimes detect a c e r t a i n tension i n the references t o the n e w l y o r d a i n e d r a b b i ' s a t t a i n m e n t s i n the f i e l d o f general secular l e a r n i n g , reflecting the

differences

o f o p i n i o n a m o n g the sages c o n c e r n i n g the value a n d role o f 'external w i s d o m ' . knowledge

2 2 8

L i k e w i s e , the fact t h a t a g i v e n candidate's

o f K a b b a l a h is m e n t i o n e d i n an o r d i n a t i o n d i p l o m a

w r i t t e n b y R. D a v i d son o f Messer L e o n

2 2 9

is a clear i n d i c a t i o n

o f t h a t scholar's a t t i t u d e t o these studies. T h e d e t a i l i n g o f t h e prerogatives Jewish To

g r a n t e d t o the o r d a i n e d scholar

tradition—'he

these

were

added,

shall with

teach

and

emphasis,

he the

is t y p i c a l o f the shall

judge',

rabbi's

etc.

right

to

e x c o m m u n i c a t e , a prerogative w h i c h , as we have n o t e d a l r e a d y ,

2 3 0

was o f p a r a m o u n t i m p o r t a n c e i n d e t e r m i n i n g his role a n d a u t h o r i t y i n c o m m u n a l leadership. F a r greater emphasis t h a n i n the doctorate was placed

upon

the p r o c l a m a t i o n t h a t the o r d a i n e d scholar m a y bear the t i t l e , ' o u r i l l u s t r i o u s teacher, the M a s t e r ,

Rabbi'

(Ma'alat

Morenu

ha-Rav Rabbi), a n d the o b l i g a t i o n i n c u m b e n t u p o n the c o m m u n i t y t o address h i m as such a n d t o call h i m t o the p u b l i c r e a d i n g o f the T o r a h i n the synagogue b y this t i t l e . A s we have noted,

2 3 1

already

t h i s was t h e p r i m a r y expression i n everyday l i f e o f t h e

change i n the social status o f the o r d a i n e d scholar; hence the i m p o r t a n c e o f this emphasis.

A t t i m e s , the o r d i n a t i o n d i p l o m a

also c o n t a i n e d details o f the c e r e m o n i a l expressions o f h o n o u r t o w h i c h the o r d a i n e d scholar was e n t i t l e d b y v i r t u e o f his

new

T h e phrase is b o r r o w e d f r o m Babylonian T a l m u d , Sanhedrin 7b. See Messer L e o n , Kevod Hakhamim, p. 65; Teshuvot Maharda"kh C h . 20, Sect. 10; L . M o d e n a , Teshuvot Ziknei Yehudah, 187, 188, 190, 191; and cf. also D o c u m e n t s 5 and n . 34, and D o c u m e n t 8 i n the H e b r e w e d i t i o n o f this book, p. 222; and also R. Jacob Israel F i n z i ' s words cited i n D o c u m e n t 3, p p . 215-16. See also below, C h . 6, Sect. 1. 2 2 7

2 2 8

y

2 2 9

See D o c u m e n t 5, 217-19, i n the H e b r e w e d i t i o n o f this book.

2 3 0

See above, Sect. 4.

2 3 1

See above, Sect. 1.

86

2. Social Meaning of Rabbinic Ordination

t i t l e , such as t o sit a m o n g the sages at every meeting, public.

2 3 2

2 3 4

' t o teach T o r a h i n the yeshivah\

23S

gathering

and

a n d t o preach i n

A t t i m e s , the d i p l o m a even makes express m e n t i o n o f

his r i g h t to o r d a i n other r a b b i s .

2 3 5

T h i s s h o u l d be seen as parallel

to the p r i v i l e g e g r a n t e d to the d o c t o r to license other (privilegium

doctorandi).

I t would

follow

from

doctors

this that

the

statement b y R. Isaac A b r a b a n e l ( 1 4 3 7 - 1 5 0 8 ) t h a t the practice o f o r d i n a t i o n is an i n d i c a t i o n o f C h r i s t i a n influence o n J u d a i s m , ' w h o were jealous o f t h e nations w h o make doctors, so they do the s a m e ' ,

2 3 6

was n o t e n t i r e l y u n w a r r a n t e d .

W e have already n o t e d t h a t the special status o f t h e o r d a i n e d scholar elevated h i m above the 'masses o f the people'. O n e m i g h t t h e n safely say t h a t i t was analogous to the social elevation o f office holders i n C h r i s t i a n s o c i e t y

2 3 7

or t h a t accepted i n the w o r l d

o f the u n i v e r s i t i e s , i n w h i c h t h e doctorate c o n f e r r e d u p o n one 'nobility and d i g n i t y ' .

2 3 8

H o w m u c h m o r e so was t h i s the case

u n t i l the p e r i o d u n d e r discussion, w h e n u n i v e r s i t y s t u d y

was

p r i m a r i l y the p r i v i l e g e o f a social elite. T h e status conveyed b y u n i v e r s i t y s t u d y was added t o t h a t o f n o b l e lineage, p a r t i c u l a r l y in

that i t prepared

one

to f u l f i l

leadership a n d a d m i n i s t r a t i o n .

2 3 9

various

positions i n v o l v i n g

I n fact, i t is w e l l k n o w n t h a t

See D o c u m e n t 8 i n the H e b r e w e d i t i o n o f this book, and compare D o c u m e n t 4, p p . 222, 216-17. 2 3 2

See i b i d . D o c u m e n t 6. T h e meaning o f the phrase is evidently that one is to rise to the level o f a 'text-repeater' i n the yeshivah (see above, C h . 1); cf. Israel Isserlein, Terumat ha-Deshen (Venice, 1519), sec. 342. T h e r e is no d o u b t that this is parallel to the privilege granted to the doctor to lecture (legendi) and to c o m m e n t (glosandi), etc. 2 3 3

See the H e b r e w e d i t i o n o f this book, D o c u m e n t 6, p p . 2 2 0 - 1 . As we shall see below i n C h . 6, Sect. 4, those w h o were n o t ordained m i g h t also preach i n p u b l i c . Nevertheless, this is a f u r t h e r i n d i c a t i o n that the ordained rabbis were given preference as preachers (see i b i d , and cf. Breuer's remarks i n 'Ashkenazic O r d i n a t i o n ' , p. 43 and n. 199). See also below, C h . 3, Sect. 8, for h o w , towards the end o f the 16th cent., the c o m m u n a l l y appointed rabbis demanded preference over all others regarding this subject. 2 3 4

2 3 5

2 3 6

2 3 7

See the H e b r e w e d i t i o n o f this book, D o c u m e n t 6, p p . 2 2 0 - 1 . Isaac Abrabanel, Nahalat See A . Berger, Dictionary

Avot, b e g i n n i n g o f C h . 6. of Roman Law (Philadelphia, 1953), s.v. 'dignitas'.

I n the language o f the gloss, 'doctoratus t r i b u i t n o b i l i t a t e m ' [the doctorate conveys n o b i l i t y ] ; see A . V i s c o n t i , La storia delP Universitd di Ferrara, (Bologna, 1950), i . 10; or, i n the words o f Bartolus, 'doctoratus . . . est dignitas'. T h i s also explains the reason for the opposition o f C h r i s t i a n jurists to elevating Jews to the status o f doctors; see C o l o r n i , ' S u l l ' ammissibilita degli ebrei', and also C a r p i , 'R. J u d a h Messer L e o n ' , 286-90. See the analysis i n J . Verger, ' L e Role social de l ' U n i v e r s i t e d ' A v i g n o n au X V e Siecle', BHR, 33 (1971), 489-504, esp. 492-503. Cf. also B u r c k h a r d t , Civilisation of the Renaissance, 360, and what I have w r i t t e n above, Sect. 5. 2 3 8

2 3 9

6. Decline in Prestige of Ordination the doctors

were g r a n t e d

rights and p r i v i l e g e s

expressed i n specific benefits a n d c e r e m o n i a l parallel to these t h i n g s

i n t h e privileges

87 2 4 0

which

gestures.

granted

to

were

2 4 1

The

ordained

r a b b i s conveys a clear feeling o f t h e concrete d i m e n s i o n

thereby

a d d e d t o t h e parallel b e t w e e n t h e rabbis a n d t h e doctors.

6. T H E D E C L I N E I N T H E P R E S T I G E OF O R D I N A T I O N

I n t h e case o f b o t h the doctorate a n d r a b b i n i c o r d i n a t i o n , edicts a n d rules were i n t r o d u c e d t o p r e v e n t t h e g r a n t i n g o f t h e t i t l e t o those w h o were u n w o r t h y o f i t . I n t h e u n i v e r s i t y c o n t e x t , e x a m p l e , we m a y recall t h a t i t was faculties at B o l o g n a a n d Padua i n the

decreed i n the fifteenth

for

theological

c e n t u r y t h a t the

degree o f d o c t o r w o u l d n o t be g r a n t e d t o anyone w h o h a d n o t yet reached the age o f 30, h a v i n g d e v o t e d at least e i g h t years t o the study o f philosophy See Dictionnaire du Droit also K i b r e , Scholarly Privileges; 2 4 0

a n d an equal n u m b e r t o t h e s t u d y

of

Canonique, i v (Paris, 1949), cols. 1330-1, s.v. docteur; see Rashdall, The Universities, index, s.v. privileges.

Particular i m p o r t a n c e was attached to the status o f physicians and jurists, w h o t h r o u g h o u t the 15th cent, were p r o m o t e d to the status o f n o b l e m e n , wore special clothes, and rode a horse given t h e m b y the c o m m u n e , w h i c h also p r o v i d e d a special servant. F o r example, the doctors were granted special status o n ceremonial occasions. T h u s , the chronicler describes the reception o f E m p e r o r F r e d r i c k I I I i n Ferrara i n 1452: ' a n d o l i i n a n t i . . . messer Borso marchexe da Este e t u t i l i a l t r i signori, et a n d o l i etiam i n a n t i i l vescovo Francesco d i Ferara con tuta la chierexia e m u l t i d o c t o r i f e r r a r e x i ' (i.e. there went o u t to greet h i m . . . Messer Borso, the Marchese o f Este and all the other Signori, and Bishop Francesco o f Ferrara went out to greet h i m , together w i t h all the priesthood and m a n y doctors f r o m Ferrara). Q u o t e d f r o m Diario Ferrarese dalVanno i4go sino al 1502, di autori incerti, a cura di Giuseppe Pardi [Rerum italicarum Scriptores. Raccolta delli storici italiani . . . ordinata de L . A. Muratori, v o l . x x i v , Part 7 (Bologna, 1928), 34. See also I . O r i g o , The Merchant of Prato ( L o n d o n , 1957), 294. T h e fact o f the physician's special status gives an added d i m e n s i o n to the tendency, t h r o u g h o u t the p e r i o d under discussion, for rabbis to gravitate p a r t i c u l a r l y towards the medical profession; t h e i r qualification to judge and to r u l e gave t h e m the status o f physicians and judges at one and the same t i m e . T h e y attained the apex o f social ascent w h e n the profession o f physician was given a status o f k n i g h t h o o d , w h i c h Jews o n l y rarely received. T h i s is recorded very p r o u d l y i n the m e m o r i a l books o f the members o f t h e i r families. See V . C o l o r n i , ' N o t e per la biografia d i alcuni d o t t i ebrei vissuti a M a n t o v a nel secolo X V , Annuario di studi ehraici, i (1934), 176-7; C a r p i , op. cit. One m u s t n o t forget that n o t everyone c o u l d aspire to medical studies, to the extent t h a t , according to one testimony, only the sons o f the wealthy or the sons o f physicians c o u l d afford such a career—see O r i g o , The Merchant of Prato, 300. I do n o t k n o w f r o m where F a l k derives the conclusion that ' t h i s k i n d o f study was available practically free'! Cf. J . F a l k , 'R. Obadiah Sforno, T h e H u m a n i s t i c C o m m e n t a t o r ' ( H e b . ) , Sefer Zikaron le-zekher David Niger (Jerusalem, 1959), 280. 2 4 1

88

2. Social Meaning of Rabbinic Ordination

theology.

2 4 2

O n l y after t h e candidate h a d m e t these c o n d i t i o n s

was he p e r m i t t e d even t o be e x a m i n e d t o w a r d s the g r a n t i n g o f the d o c t o r a l degree. D u r i n g t h i s p e r i o d , a significant decline o c c u r r e d i n t h e prestige attached to the doctorate, far greater t h a n t h a t o f o r d i n a t i o n . A m o n g the reasons for t h i s decline were p r o b a b l y the fact t h a t i n d i v i d u a l s were b e i n g elevated

to the

status o f d o c t o r b y a non-academic a u t h o r i t y , such as the E m p e r o r or the Pope, f o r reasons o f social prestige alone, w i t h o u t any p r i o r c o n s u l t a t i o n w i t h any academic b o d y . g r o w t h i n the n u m b e r o f u n i v e r s i t i e s

2 4 4

2 4 3

I n a d d i t i o n , the

c o m b i n e d w i t h the n e w

emphasis u p o n t h e n a t i o n a l character o f the doctorate u n d e r the influence o f t h e R e f o r m a t i o n , as against t h e u n i v e r s a l character w h i c h i t h a d h e l d d u r i n g the p r e c e d i n g p e r i o d , t e n d e d to cheapen the value o f the d o c t o r a t e .

2 4 5

D u r i n g the second

h a l f o f the

sixteenth c e n t u r y , there were increasingly f r e q u e n t c o m p l a i n t s i n I t a l y t h a t the t i t l e o f d o c t o r p r o v i d e d no guarantee o f t h e e r u d i t i o n o f the bearer o f the t i t l e , t h a t the ranks o f doctors h a d become filled

w i t h u n q u a l i f i e d people, t h a t the physicians k n e w n o t h i n g

o f t h e i r o w n profession, e t c .

2 4 6

T h e r e were c o m p l a i n t s t h a t doctors

were abusing t h e i r status, t h a t they h a d become bureaucrats r a t h e r t h a n u s i n g t h e i r k n o w l e d g e f o r the benefit o f society, a n d t h a t farmers a n d butchers sent t h e i r sons to the u n i v e r s i t y i n o r d e r to acquire a degree w h i c h w o u l d pave t h e way f o r t h e m t o acquire status a n d p o w e r . As

we

2 4 7

have seen, there were

voices a m o n g Jews as

well

c o m p l a i n i n g a b o u t rabbis w h o were ' i m p r o p e r l y ' o r d a i n e d , a b o u t the ' s i n o f the o r d a i n e d a n d the o r d a i n e r s ' , a n d t h e l i k e .

2 4 8

I t is

d i f f i c u l t t o k n o w t o w h a t extent these c o m p l a i n t s , w h i c h were a r t i c u l a t e d i n a general way, reflected an actual decline i n the level o f those o r d a i n e d . I n any event, there is n o d o u b t t h a t t h e development

o f the institution o f ordination brought about a

See A . S o r b e l l i , Storia delP Universitd di Bologna, i . il medioevo sec. XI-XV (Bologna, 1940), 139. Such as the title granted by the emperor to R. J u d a h Messer L e o n ; see C a r p i , 'R. J u d a h Messer L e o n ' , 286-9. See also Diario Ferrarese, 55, where i t is stated that the emperor w h o granted the title to R. Messer L e o n on 21 Feb. 1469, several days earlier visited i n Ferrara and granted similar titles to numerous people. 2 4 2

2 4 3

2 4 4

2 4 5

2 4 6

2 4 7

2 4 8

See See See See See

Pertile, Storia del diritto italiano, 36. Dictionnaire du Droit Canonique, i b i d . s.v. docteur'. Pertile, Storia del diritto italiano. G r e n d l e r , The Rejection of Learning. above, Sect. 3, and cf. Breuer, 'Ashkenazic O r d i n a t i o n ' , 3 0 - 1 .

6. Decline in Prestige of Ordination c e r t a i n d e v a l u a t i o n o f the r a b b i n i c t i t l e .

2 4 9

8

9

T r u e , d u r i n g this

e n t i r e p e r i o d n o b o d y challenged the o r d a i n e d scholar's r i g h t to make use o f the t i t l e ' O u r teacher, the M a s t e r ' w h e n called to the

Torah

or a n y t h i n g else p e r t a i n i n g to sacred

h o w e v e r , one

may

above-mentioned

matters;

detect elsewhere clear expressions o f

tendencies.

For

example,

i n an

2 5 0

the

ordination

d i p l o m a g r a n t e d t o R. B e n j a m i n o f M o n t a l c i n o , the o n l y p r e rogative o f a u t h o r i t y e x p l i c i t l y m e n t i o n e d is t h a t a l l o w i n g h i m t o render decisions i n the rather m u n d a n e matters o f ' t h e p r o h i b i t e d and the p e r m i s s i b l e ' ,

2 5 1

w h i l e other p o i n t s were m e n t i o n e d i n a

general phrase, w h i c h p r i m a r i l y stressed the educational image o f the r a b b i . R.

2 5 2

David

On

son

of

the other h a n d , the o r d i n a t i o n g r a n t e d Messer

e n u m e r a t i o n o f prerogatives:

Leon

is

by

s t r i k i n g i n its

broad

'he shall surely teach, a n d

judge,

2 5 3

h o l d accountable a n d e x e m p t , find i n n o c e n t or g u i l t y , p e r m i t a n d p r o h i b i t , i n v o l v e h i m s e l f i n matters o f divorce a n d halizah (i.e.

release from

levirate marriage),

ban a n d excommunicate'. H e

praised the o r d a i n e d scholar i n great a n d specific d e t a i l , c i t i n g his extensive k n o w l e d g e , his analytic a n d dialectical a b i l i t y , his approach t o the s t u d y o f the L a w , his influence u p o n his students, his k n o w l e d g e o f K a b b a l a h a n d his ethical qualities. O t h e r details o f the o r d i n a t i o n d i p l o m a also give clear expression t o his views: b e t w e e n the lines, one can p l a i n l y see t h a t he w i s h e d to i n c o r p o r a t e a m o n g the a t t r i b u t e s o f the o r d a i n e d scholar, i n a d d i t i o n t o the c r o w n s o f T o r a h , those o f K i n g s h i p a n d o f P r i e s t h o o d . It

is

certainly

no

accident

that

even

routine

expressions

A close examination o f o r d i n a t i o n diplomas w i l l reveal additional expressions o f the different viewpoints and transformations w h i c h took place i n the valuation o f o r d i n a t i o n , even o n the part o f the o r d a i n i n g rabbis themselves. 2 4 9

U n l i k e the earlier p e r i o d , d u r i n g w h i c h there were sages w h o , despite being ordained, refused to be called to the T o r a h b y the t i t l e Kevod Morenu ha-Rav; see Pesakim, 24a, and compare Breuer, 'Ashkenazic O r d i n a t i o n ' , 29. 2 5 0

Divrei Rivot, 12-14. ' A n d grant h i m the h o n o u r o f r u l e r s h i p , let h i m chastise wrongdoers . . . the stick and the w h i p i n his h a n d , like all the earlier rabbis w h o r u l e d the people.' T h e 'stick and w h i p ' are the 'garments o f the rabbinate' already referred to. Cf. the responsum o f R. B e n j a m i n M o n t a l c i n o to R. J u d a h Messer L e o n (Divrei Rivot, 5): ' T h e r e f o r e , i f the loyal f r i e n d [this was the expression with which R. Judah Messer Leon concluded his ordinance, and R. Benjamin added the equivalent of quotation marks to the word friend? to express his reservations about the term] . . . wishes that his ordinances be kept, he o u g h t to have i n t r o d u c e d t h e m and strengthened t h e m b y i n s t r u c t i n g m a n y disciples f r o m different places and they, i f they are able [ t o do so] i n their sermons or t h r o u g h their disciples, w i l l be a reason for all Israel to listen to their voice . . .' See above, n . 51. 2 5 1

2 5 2

2 5 3

See D o c u m e n t 5 i n the H e b r e w e d i t i o n o f this w o r k , p p . 217-19.

2. Social Meaning of Rabbinic Ordination

90

r e f e r r i n g t o the g r a n t i n g o f the c r o w n o f k i n g s h i p a n d the r o d o f leadership to the o r d a i n e d s c h o l a r ,

2 5 4

such as those used b y

D a v i d ben Messer L e o n , were s t i l l i n use i n the m i d - s i x t e e n t h c e n t u r y a m o n g the older scholars,

a l t h o u g h at the e n d o f the

c e n t u r y they are n o longer as p r e v a l e n t .

2 5 5

E v e n the expressions

o f praise for the w i s d o m o f the one o r d a i n e d become weaker a n d almost meaningless. O n the other h a n d , other factors, w h i c h one w o u l d n o r m a l l y expect t o be o f secondary i m p o r t a n c e i n the granting of ordination—such ordained s c h o l a r ,

256

as

the age

and

honour

of

the

his h o l d i n g o f a p r o m i n e n t social p o s i t i o n ,

2 5 7

and the l i k e — a r e raised to central i m p o r t a n c e . O n e even begins to

find

Talmudic

discussions i n the b o d y

o f the o r d i n a t i o n

d o c u m e n t , b r i e f because o f t h e i r l o c a t i o n , b u t significant i n t h a t they i n d i c a t e a certain emptiness w h i c h they e v i d e n t l y come t o fill.

258

Towards

the second h a l f o f the sixteenth c e n t u r y , the t e r m

Ga'on ( V e r y E x c e l l e n t ) began to appear alongside the t i t l e Morenu ha-Rav ( O u r M a s t e r , R a b b i ) , i n order t o d i s t i n g u i s h between an o r d i n a r y o r d a i n e d scholar a n d an i m p o r t a n t r a b b i . H e r e , too, one m a y cite a certain d e v e l o p m e n t o f an earlier t r a d i t i o n . F r o m the very b e g i n n i n g o f the r a b b i n i c p e r i o d , the t i t l e Ga'on h a d signified greater scholarly a c u m e n t h a n d i d t h a t o f Rav.

I n a tradition

attested

scholars

by

R.

Menahem

Meiri,

2 5 9

ordained

were

considered ge'onim i f they were expert i n the e n t i r e T a l m u d , as against o r d i n a r y ' R a b b i s ' (Rabbanim), f o u r o f its six ' o r d e r s ' ,

w h o were expert i n o n l y

a n d 'learned m e n ' (hakhamim),

2 6 0

were expert i n o n l y t h r e e .

2 6 1

who

W e find i n his t r a d i t i o n t h a t ' [ t h e

H e b r e w t e r m ] ga'on alludes to the s i x t y tractates o f the T a l m u d , c o r r e s p o n d i n g t o the n u m e r i c a l value o f the w o r d . Nevertheless, 254 W h a t c ou ld be more natural i n this context t h a n to make use o f the T a l m u d i c saying, ' W h o are the k i n g s ? — T h e rabbis?' See D o c u m e n t s 6 and 9 i n the H e b r e w e d i t i o n o f this book, p p . 2 2 0 - 1 , 223-4, and cf. all the ordinations w h i c h R. J u d a h Messer L e o n granted, and that given b y R. M e n a h e m Azariah da Fano, at the end o f Teshuvot Ziknei Yehudah. See M o d e n a , Teshuvot Ziknei Yehudah, 179. See i b i d . , 190. Cf. also Yizhak m i n h a - L e v i ' i m , Medabber Tahapukhot (1912), 180-1. See e.g. the material cited i n D o c u m e n t s 9 and t o i n the H e b r e w e d i t i o n o f this book, p p . 223-25. 2 5 5

2 5 6

2 5 7

2 5 8

2 5 9

B. Z . h a - L e v i Prag (ed.), Bet ha-Behirah

4¬ 2 6 0

2 6 1

i.e. Mo'ed, i.e. Mo'ed,

Nashim, Nezikin, Nashim, Nezikin.

Kodashim.

'al Masekhet

Avot (Jerusalem, 1964), 52¬

6. Decline in Prestige of Ordination

9i

a c c o r d i n g t o M e i r i , he d i d n o t receive the t i t l e unless he

had

been o r d a i n e d

the

yeshivah,

by

another

Ga'on,

w i t h the agreement o f

as the yeshivah heads i n those days were called ge'onim?

E v e n those places i n E u r o p e w h i c h preserved a w i d e range o f studies a n d expressed greater i n d e p e n d e n c e f r o m the ge'onim o f Babylonia

preserved the t i t l e i t s e l f .

D u r i n g a certain

2 6 2

period,

there even seems t o have been a c o n t i n u o u s t r a d i t i o n o f special o r d i n a t i o n f o r the t i t l e o f go*on preserved i n Provence, F r a n c e , G e r m a n y and I t a l y . at

a

time

and

H o w e v e r , t h a t t r a d i t i o n was i n t e r r u p t e d

2 6 3

under

circumstances

which

are

unclear.

In

Renaissance I t a l y , t h i s t i t l e is no longer g r a n t e d i n any i n s t i t u t i o n a l way; h o w e v e r , those b e a r i n g i t were considered clearly to other r a b b i s .

special respect for a r a b b i w h o was called G A ' A W , him

as

one

superior

F r o m n o w o n , t h i s t i t l e was used t o express

2 6 4

'noted

for his

teachings a n d

2 6 5

and t o present

behaviour'.

r e s t o r a t i o n o f the use o f the t i t l e Ga'on w o u l d therefore

2 6 6

The

appear

t o be an a d d i t i o n a l i n d i c a t i o n o f the d e t e r i o r a t i o n i n the p u b l i c status o f o r d i n a t i o n , a n d o f the tension w h i c h a c c o m p a n i e d the rabbis' titles.

demands 2 6 7

for

status

concomitant

with

their

rabbinic

I n the f o l l o w i n g chapter, we shall see h o w this semantic

distinction

between

an

ordinary

rabbi

and

concrete expression i n the system o f c o m m u n a l

a Ga'on

received

organization.

2 6 8

T h e decline i n the value o f the t i t l e ' r a b b i ' was q u i t e n a t u r a l l y a c c o m p a n i e d b y a decline i n the status o f the t i t l e ' C o l l e a g u e ' (Haver)

w h i c h , as we

have seen, was

d e f i n i t i o n d e p e n d e n t u p o n the f o r m e r .

2 6 9

b y its v e r y n a t u r e

and

T h i s t i t l e was n o longer

See B. Z . Benedict, ' T o w a r d s the H i s t o r y o f the T o r a h Centre i n Provence' ( H e b . ) , Tarbiz, 22 (1951), 86 ff. O n the use o f the t i t l e Gaon after the Gaonic p e r i o d , see S. Poznanski, Babylonische Geonim im nach gaonaischen Zeitalter ( B e r l i n , 1914), 104. 2 6 2

See the tractate o f R. A z r i e l T r a b o t Z a r f a t i , published b y D a v i d K a u f m a n n , ' L i s t e de rabbins dressee par A z r i e l T r a b o t t o ' , R E J 4 (1882), 210-12. 2 6 3

See D a v i d de Pomis, Zemah David, fo. 27b: 'ga^on—[means] r u l e r s h i p and ascendancy'; '. . . d o m i n i u m et superbia, signoria. E superbia si pone anco per la significatione d i eccellentissimo, particolarmente nella scienza della legge', and cf. L e v i t a , Sefer ha-Tishbi, s.v. go*on, 35: 'and I have heard that they were called this because they were expert i n the entire T a l m u d , w h i c h consists o f sixty tractates—the numerical value o f the w o r d go*on being sixty' (and cf. also the words o f M e i r i , previously quoted). I t is w o r t h y o f note that an additional development led to its being custom among I t a l i a n Jews to this very day to refer t o the ordained rabbis as eccellentissimo—i.e. [the r a b b i ] ga'on. 2 6 4

2 6 5

e.g. above, Sect. 4 and n . 181.

2 6 6

See also the responsa o f R. Eliezer Ashkenazi. ed. J . B o k s e n b o i m , She'elot Mattanot ba-Adam ( T e l A v i v , 1983), 65-6.

u-Teshuvot

2 6 7

O n this matter i n 15th-century Ashkenaz, see Breuer, ' T h e Status o f the Rabbinate'.

2 6 8

See below, C h . 3, Sects. 3 and 11.

2 6 9

See above, Sect. 1.

92

2. Social Meaning of Rabbinic

Ordination

reserved for scholars w h o ' s t u d y T o r a h all t h e i r d a y s ' , but was instead g r a n t e d t o y o u n g people as an incentive i n t h e i r studies or even as an h o n o r i f i c o n t h e i r w e d d i n g d a y . Nevertheless, one s h o u l d n o t forget t h a t the scholars generally d i d n o t forgo t h e i r d e m a n d t h a t candidates for ' r a b b i n i c o r d i n a t i o n ' s h o u l d have h e l d the t i t l e Haver for m a n y years, u n t i l they reach the a p p r o p r i a t e age for receiving the t i t l e ' o u r M a s t e r , R a b b i ' 2 7 0

2 7 1

(Morenu

ha-Rav).

2,12

D u r i n g the latter h a l f o f the sixteenth c e n t u r y , a new t i t l e appeared, w h i c h served as a k i n d o f i n t e r m e d i a t e level between haver a n d Morenu ha-Rav—namely the t i t l e Hakham (learned m a n ) , g r a n t e d t o one w h o h a d n o t yet reached the age o f 40. T h i s t i t l e already seems to have been a l l u d e d to i n a letter o f R. A z r i e l D i e n a f r o m the year 1533 or thereabouts c o n c e r n i n g a ' r a b b i n i c a l emissary' w h o , according to R. A z r i e l , came t o h i m b y means o f a ruse, e x t r a c t i n g his signature i n order t o authenticate his a c c r e d i t i n g d o c u m e n t . I n reference t o t h i s d o c u m e n t , he w r o t e : ' H o w e v e r , he d i d n o t succeed i n e x t o r t i n g f r o m m e t h a t I place the c r o w n o f w i s d o m [i.e. the title 'Hakham'] o n his head, as he requested, a n d as some other M a s t e r s o f the L a w had already d o n e . ' 2 7 3

2 7 4

A clear reference t o the i n t r o d u c t i o n o f t h i s t i t l e appears o n l y at the end o f the sixteenth c e n t u r y . I n 1593, R. Samuel A r c h i v o l t i o f Padua was asked b y the a g r o u p o f rabbis f r o m Venice to bestow the t i t l e o f Hakham u p o n Isaac T r e v e s , a p r o m i n e n t V e n e t i a n householder, u p o n the occasion o f the marriage o f his daughter. T h e exchange o f letters c o n c e r n i n g this i n v i t a t i o n served as a f o r u m for a general discussion o f the v a l i d i t y o f this 2 7 0

See above, n . 10.

R. L e o n e M o d e n a and his 'grandson' Isaac were granted the t i t l e o f haver o n their respective w e d d i n g days; see Hayye Yehudah, 46, 98. See also Breuer, 'Ashkenazic O r d i n a t i o n ' , p. 40 and n . 170. Cf. M o d e n a , Riti, 4 1 : 'questo e certo mezo t i t o l o che si da a giovani o persone che n o n sono compitamente versati'. O n the g r a n t i n g o f the title as an encouragement to continue i n one's studies, see the o r d i n a t i o n granted by R. L e o n e M o d e n a h i m s e l f at the end o f Teshuvot Ziknei Yehudah, p p . 183, 185. 2 7 1

See e.g. how i n 1605 R. Leone M o d e n a was still referred to b y R. M e n a h e m Rava as Kevod Morenu ha-Haver ( w h e n he was 34 years old) i n the i n t r o d u c t i o n to Sefer Bet Mo'ed. Cf. also above, end o f Sect. 3. 2 7 2

Teshuvot R. Azriel Diena, sect. 94. 274 p what is said i n this document concerning that same person ' w h o is o n a mission o n behalf o f the Masters o f T o r a h i n Jerusalem', i t w o u l d appear that he was an O r i e n t a l Jew (see below, C h . 3, Sect. 6), so that i t is d o u b t f u l whether a n y t h i n g definite concerning the general custom i n I t a l y may be inferred f r o m this incident. 2 7 3

r

o

m

6. Decline in Prestige of Ordination n e w t h r e e - f o l d r a n k i n g o f scholars, i n t o Haver, Rav.

93 Hakham,

and

T h e rabbis o f V e n i c e — i n c l u d i n g R. S a m u e l J u d a h K a t -

zenellenbogen, R. Jacob C o h e n a n d R. A v i g d o r C i v i d a l — w r o t e t o R. A r c h i v o l t i as f o l l o w s :

2 7 5

We know that this man is truly and justly deserving and fitting to receive additional honour. I n fact, he is already felicitously w i s e , so let h i m receive the honour deserved by sages. We have therefore decided and concluded among ourselves to honour h i m w i t h greater honour and strength than he had previously enjoyed. . . Henceforth, this shall be the title by which he is to be called to the reading o f the Law: 'ha-Hakham R. Yizhak'. 276

Because o f t h e i r love a n d respect f o r R. A r c h i v o l t i , t h e y w i s h e d h i m t o be present at the synagogue o n the S a b b a t h i n q u e s t i o n a n d t o be the one p u b l i c l y t o confer t h i s t i t l e u p o n R.

Treves.

I n his r e p l y , R. A r c h i v o l t i expresses his surprise at t h e use o f t h i s t e r m t o denote a specific level o f l e a r n i n g , between 'Colleague' (Haver)

a n d ' R a b b i ' (Rav).

A r g u i n g f r o m t h e relevant T a l m u d i c

sources, he states t h a t the t e r m 'Colleague' was used o f one ' w h o h a d learned b u t n o t reasoned' (i.e. h a d n o t yet reached the level o f i n d e p e n d e n t d e d u c t i o n f r o m t h e sources r e q u i r e d f o r issuing halakhic r u l i n g s ) . O n the o t h e r h a n d , the crown o f the rabbinate is suitable for those who have both 'learned and reasoned', so that he may teach and judge and release the first-born [animals] w i t h justice and righteousness. T h u s , we have the level o f one who has 'learned and not reasoned', and o f one who has both 'learned and reasoned'. Just as there is no [possible] third level between these two, so I would have thought that there is no crown [i.e. honorific title] between those two crowns. Moreover, i n what respects is the Hakham to be considered superior to the Haver, but inferior to the Rabbi? I n t e r e s t i n g l y , despite these learned objections, he consented to the V e n e t i a n r a b b i ' s request f o r his p a r t i c i p a t i o n i n t h i s occasion, o u t o f respect for t h e i r r a b b i n i c stature, w h i l e c o n c l u d i n g t h e letter w i t h a 'personal' request t h a t t h e y e x p l a i n a n d j u s t i f y t h e i r halakhic reasoning o n t h i s p o i n t t o h i m . T h i s is done i n a t h i r d l e t t e r , written by C i v i d a l , w h o replies t h a t the p r i n c i p a l source 2 7 7

R. A v i g d o r u t i l i z e d by

M S B u d a p e s t — K a u f m a n n 456, sect, v i i - i x , fos. 11-14. Published i n f u l l i n the H e b r e w e d i t i o n o f this book as D o c u m e n t 16, p p . 235-7. 276 fuveina de-hakhitnei; based u p o n Rashi to K e t u b o t 40a. 2 7 5

2 7 7

M S B u d a p e s t — K a u f m a n n 456, sect, i x , p p . 13-14.

94

2. Social Meaning of Rabbinic

Ordination

R. A r c h i v o l t i for his d e f i n i t i o n o f the d i s t i n c t i o n between Haver and Rav (namely, Bava Batra 158^) i n fact discusses the rather special case o f Talmid Haver, a ' S t u d e n t - C o l l e a g u e ' , w h i c h is i n fact n o t a t i t l e at a l l , b u t refers to a p a r t i c u l a r k i n d o f r e l a t i o n s h i p o f disciple to master. H e t h e n goes o n to invoke a G a o n i c t r a d i t i o n according t o w h i c h three scholars are i d e n t i f i e d b y three different titles—Hakham, Rav, or Ga'on—depending u p o n t h e i r knowledge a n d expertise i n , respectively, three, f o u r , or six ' O r d e r s ' o f the Talmud. T h e t i t l e Haver, o n the other h a n d , is no m o r e t h a n an h o n o r i f i c granted t o y o u n g students 'whose souls are d r a w n to T o r a h and w h o k n o w the nature o f T a l m u d i c dialectics' as a k i n d o f incentive t o f u r t h e r studies, as we have m e n t i o n e d above. 2 7 8

T h e t i t l e Hakham thus seems t o have acquired a m e a n i n g s i m i l a r to t h a t f o r m e r l y attached to the t i t l e Haver. T h u s , R. L e o n e M o d e n a explained the g r a n t i n g o f 'the t i t l e o f Hakham a n d afterwards o f R a b b i ' t o R. B e n j a m i n B a v l i as follows: 219

I saw that he was good and deserving, to have the crown of gold, the crown of the wise, placed on his head, and from now onwards he should be called 'the Hakham Rabbi Benjamin Bavli', may he live long . . . for he is not yet of age to instruct the children of Israel (that is, to be called 'Our Master, Rabbi') . . . and I am certain that i t will not be long before he w i l l be a teacher i n Israel (i.e. receive this title). 280

F r o m t h a t t i m e o n , the t i t l e Hakham became q u i t e widespread. T h e decline i n the prestige accorded to the t i t l e granted t h r o u g h o r d i n a t i o n was accompanied b y a t o n i n g d o w n o f the great debate w h i c h had agitated the r a b b i n i c w o r l d at the b e g i n n i n g o f o u r p e r i o d , namely, t h a t c o n c e r n i n g the r e l a t i o n s h i p between the r a b b i g r a n t i n g o r d i n a t i o n and the scholar receiving i t . T h e g r a n t i n g o f substantive value t o o r d i n a t i o n i m p l i e d a certain c o n c e n t r a t i o n o f a u t h o r i t y i n the hands o f the one g r a n t i n g , w h o was the source o f the a u t h o r i t y g r a n t e d . I n fact, the g r o w t h i n the n u m b e r o f those w h o were o r d a i n e d was accompanied b y a s i m i l a r g r o w t h o f the p o p u l a r b e l i e f t h a t the one o r d a i n e d was s o m e h o w subject t o the one g r a n t i n g o r d i n a t i o n . T h i s process m a y be i l l u s t r a t e d b y c o n s i d e r i n g the way i n w h i c h R. Joseph See above, C h . 7, Sect. 6. F r o m the statements o f R. A v i g d o r C i v i d a l , i t w o u l d also to the artificial use o f the earlier d i s t i n c t i o n between hakham t r a d i t i o n o f M e i r i (see above, Sect. 6). See h o w , i n Tapuhei author explained the initials hh"r as ha-hakham rabbi, 'sapiens 280 M o d e n a , Teshuvot Ziknei Yehudah, 187. 2 7 8

2 7 9

seem that he n o w r e t u r n e d and rav m e n t i o n e d i n the Zahav ( R o m e , 1618), the r a b b i , seu magister'.

6. Decline in Prestige of Ordination

95

C o l o n ' s statements were t r a n s f i g u r e d some decades thereafter b y R. D a v i d son o f Messer L e o n . I n d e e d , as R. Joseph C o l o n p u t it:

2 8 1

' i t is a c o m m o n saying' or ' t h e c u s t o m o f o u r forefathers'

t h a t the one o r d a i n e d was t h e r e b y

subject

t o the one

giving

o r d i n a t i o n . R a b b i C o l o n articulates clearly the o p i n i o n o f those who

saw

o r d i n a t i o n as o f substantive

value.

delivered i n a long and complex d i s c u s s i o n ,

His

conclusion,

openly contra-

282

dicts t h e o p i n i o n s o f his c o n t e m p o r a r i e s , R a b b i s I . B r u n a a n d I . I s s e r l e i n , w h o c l a i m e d t h a t there is a clear analogy

between

the r u l e d e m a n d i n g s u b j u g a t i o n o f the disciple t o his teacher a n d the e m e r g i n g r e l a t i o n s h i p between the one g r a n t i n g o r d i n a t i o n and

t h e one r e c e i v i n g i t .

2 8 3

C o l o n ' s c o n c l u s i o n is expressed i n

u n e q u i v o c a l a n d p i q u a n t t e r m s : ' W e have wearied o f

finding

the

source w h e r e b y the one o r d a i n e d s h o u l d be subject t o the one ordaining'; astonished,

have

been

w o n d e r i n g w h a t the w o r l d r e l i e d u p o n a n d

from

2 8 4

'The

truth

is t h a t a l l m y

days

I

whence t h e y learned to say t h a t . Because he o r d a i n e d h i m do we force h i m to be considered as his d i s c i p l e ? '

2 8 5

H o w e v e r , i n an

aside R. Joseph C o l o n r e m a r k s t h a t ' i t m a y be t h a t we have here an a r g u m e n t i n f a v o u r o f the c u s t o m o f o u r fathers t h a t the o r d a i n e d scholar is subject to the one o r d a i n i n g ' . Precisely these r e m a r k s , w h i c h were u t t e r e d casually a n d w h i c h d o n o t express C o l o n ' s o p i n i o n , served as a source for R. D a v i d son o f Messer L e o n i n his l o n g r u l i n g Kevod Hakhamim. H e copied t h i s section o f the r e s p o n s u m almost v e r b a t i m , c o n c l u d i n g t h a t t h i s is 'a clear i n d i c a t i o n t h a t the one o r d a i n e d is subject t o the one o r d a i n i n g ' ! 2 8 1

2 8 2

Talmud

2 8 6

Responsa 117. Cf. Breuer, 'Ashkenazic O r d i n a t i o n ' , 27. H i s argument revolved a r o u n d the understanding o f M a i m o n i d e s ' r u l i n g s i n Hilkhot Torah, C h . 5 and the comments thereon o f the Hagahot Maimoniot.

T h e r e is no d o u b t that this is the authentic o p i n i o n o f R. Israel B r u n a here; cf. Breuer, 'Ashkenazic O r d i n a t i o n ' . I t seems to me that R. Bruna's u n d e r s t a n d i n g o f this entire issue still requires clarification, b u t this subject is outside o f m y present argument; see Teshuvot Mahar"i Bruna, sects. 140, 141, 185-8, 269. 2 8 3

2 8 4

Teshuvot

2 8 5

Teshuvot

Mahari"k. u-Piskei

Mahari"k

ha-Hadashim,

sect. 7, p. 37.

Kevod Hakhamim, 76. D a v i d T a m a r , w h o has noted the fact that m a n y o f R. Joseph Colon's responsa were copied by R. D a v i d son o f Messer L e o n i n his r u l i n g s — D . T a m a r , ' O n Kevod Hakhamim' ( H e b . ) , KS 26 (1950), 9 6 - 1 0 0 — d i d n o t discuss the fact that the conclusions o f the t w o sages are diametrically opposed t o one another. T h i s is evidently the reason w h y R. D a v i d d i d n o t m e n t i o n C o l o n i n his r u l i n g s , even i n an allusion. R. D a v i d ' s tendency is p a r t i c u l a r l y clear i n the way i n w h i c h he deals w i t h the above statement o f M a i m o n i d e s and the Hagahot Maimoniyot; the m a i n t h r u s t o f Colon's discussion is to refute the o p i n i o n o f R. Israel B r u n a , according to w h o m a disciple whose teacher has ordained h i m is not allowed t o teach even beyond the l i m i t o f three parsangs 2 8 6

96

2. Social Meaning of Rabbinic Ordination

M o r e o v e r , the analogy between t h e student-teacher a n d t h a t between ordainee a n d ordainer enabled

relationship R. D a v i d t o

transfer the contents o f the f o r m e r r e l a t i o n s h i p to the latter, a n d to derive f r o m this his c o n c l u s i o n r e g a r d i n g the p o s i t i o n to w h i c h o r d i n a t i o n e n t i t l e d the scholar w i t h i n t h e c o m m u n i t y . H e likewise c o n c l u d e d s t r a i g h t f o r w a r d l y t h a t 'one w h o is n o t o r d a i n e d o u g h t t o be subject t o one w h o is, a n d this b y d i n t o f the fact t h a t the one o r d a i n e d is subject therefore a p p e a r s

2 8 8

t o the one w h o o r d a i n e d h i m ' .

2 8 7

It

t h a t the q u e s t i o n o f the r e l a t i o n s h i p between

ordainer a n d ordainee is yet another expression between the tendency

w h i c h regarded

o f the conflict

o r d i n a t i o n as b e i n g

of

essential value a n d t h a t w h i c h d i d n o t . W i t h the decline i n the value o f o r d i n a t i o n i n the wake o f the tendencies m e n t i o n e d t h u s far, the i m p o r t a n c e o f the debate c o n c e r n i n g the s u b o r d i n a t i o n o f the one o r d a i n e d to his ordainer likewise declined. T h e general m o o d o f the times seems t o be w e l l expressed i n a l e n g t h y responsum

b y R. M o s e s

Provenzali,

2 8 9

w h i c h draws a k i n d o f l i n e o f c o n t i n u i t y between the p e r i o d o f the T o s a p h i s t s a n d t h a t o f the p e r i o d u n d e r discussion. A c c o r d i n g to h i m : There is a great difference between study by memory, such as was done by the ancients i n their day, and study from texts written i n a book, as is our way, because i n study by memory the students always needed their teachers . . . Even after they knew how to explain things Well, having filled themselves w i t h bread and meat [i.e. having acquired extensive knowledge of the texts] of received traditions . . . and i t also follows from this that the opinions, teachings and rulings were almost all transferred to the students by their teachers, apart from the little which they had from their own reasoning; that new acquisition was doubtless, among the majority who received from them, like a new branch added to the tree. But even this little that was new was not acquired by the students through their own understanding, but from the words of their teachers, for they did not learn anything except that which was taught, nor understand anything but that which was understood by the former teacher [i.e. everything depended exclusively f r o m the former's residence unless he received explicit permission to do so f r o m his teacher-ordainer. As against this, R. D a v i d , w h o copied the words o f C o l o n almost v e r b a t i m , saw this entire discussion as a f u r t h e r i n d i c a t i o n o f the subjection o f the one ordained to the ordainer—see Kevod Hakhamim, 75 ff., esp. 102-11. 2 8 7

2 8 9

Kevod Hakhamim, 54. Teshuvot R. Moshe Provenzali,

2 8 8

sect. 6.

Cf. Sect. 3 above.

6. Decline in Prestige of Ordination

97

upon the transmission of learning from teacher to student], going back to the earliest ones, inspired by the wisdom which the Creator granted to mankind. Therefore, they owed so much honour to their masters from whose wells they drank, and particularly to those from whom they had learned most of their wisdom. I n contrast w i t h t h i s s i t u a t i o n , t h i n g s seemed r a d i c a l l y d i f f e r e n t t o h i m i n his o w n day. For the rabbi does not teach his students anything o f his own, but explains to them the unclear words of the book, at the beginning o f their study . . . I n this form of study, the students never need the textual tradition o f their rabbi, even at the beginning of their study, but his explanations. Therefore, once the students grow and reach the level o f independent study, so that they may understand the words o f the book by themselves, they no longer need any teacher other than the book, and those who wish to acquire wisdom and to be among the privileged who labour by themselves and study many books day and night . . . and rise to the level of teaching [i.e. to be teachers themselves], and these without doubt receive a good reward for their toil and acquire a good deal o f wisdom by their great effort and not from their rabbi. T h e c o n c l u s i o n is obvious: As i n our day the student needs his teacher less than i n former days, so the power o f the master over his student and the student's duty of respect for his master are also lessened. T h e s e r e m a r k s b y R. M o s e s P r o v e n z a l i , together w i t h the answers t o t h e questions he was asked b y his s t u d e n t , directly stemming from

2 9 0

m a y be seen as

the teaching o f t h e great

Tosaphist,

R. M o s e s o f E v r e u x : F r o m the day we were exiled from our country and our Temple was destroyed and the nations were mixed up and the hearts were diminished, one can [no longer] say that the fear of one's own teacher ought to be as the fear of heaven [cf. Avot 4: 12]; similarly, those laws by which the student is obligated towards his master are likewise abolished, for the books and commentaries teach us, and everything depends upon the sharpness of their intellect and e x p l a n a t i o n . 291

2 9 0

I b i d . , sect. 7.

See U r b a c h , Ba'alei ha-Tosafot, p . 479, and n . 5. Cf. Hagahot Maimoniyot to Talmud Torah 5: 3; Y . Z . Kahane (ed.), Teshuvot Pesakim u-Minhagim le-Maharam mi-Rotenburg (Jerusalem, i 9 6 0 ) , i i . 252 and n . 10, 11; Shulhan 'Arukh, Yoreh De'ah, sect. 242: 9. I w i s h to express m y thanks to Prof. G e r a l d B l i d s t e i n w h o called m y a t t e n t i o n to these sources. C F . also Shulhan 'Arukh w i t h the glosses o f G u r A r y e h h a - L e v i , Yoreh De'ah ( M a n t u a , 1722), sect. 242, para. 6. 2 9 1

98

2. Social Meaning of Rabbinic Ordination I n R. M o s e s Provenzali's w o r d s , i n w h i c h the dependence o f

the s t u d e n t o n his master is negated, there is also great a p p r e c i a t i o n o f the m a n w h o achieves the r a b b i n i c level b y his o w n powers. T h u s , P r o v e n z a l i i n d i r e c t l y i m p l i e s t h a t the q u e s t i o n o f w h o has really

reached

the

level

o f rabbinate

was

no

longer

within

the r e a l m o f j u d g e m e n t o f his master, b u t depended u p o n the evaluation o f the scholar h i m s e l f a n d o f the p u b l i c t o w h o m the q u e s t i o n p e r t a i n e d . I f t h i s is t r u e o f t h e r e l a t i o n s h i p master a n d s t u d e n t , t h e n i t is a fortiori between

ordainer and o r d a i n e e .

2 9 2

between

t r u e o f the r e l a t i o n s h i p

Provenzali's

reflect the p e r i o d i n w h i c h he l i v e d ; we

find

words

clearly

there expressions

characteristic o f m e d i e v a l scholars, as w e l l as o f a s t r o n g personality r e b e l l i n g against m a n y conventions o n the basis o f his confidence t h a t his stand w o u l d elicit a positive reaction f r o m t h e c o m m u n i t y i n w h i c h he l i v e s .

2 9 3

I t is n o t s u r p r i s i n g t h a t the e n t i r e a t t e m p t

to d e p r i v e h i m o f the r a b b i n i c t i t l e , i n the l i g h t o f his d i s p u t e w i t h the Ashkenazic rabbis i n M a n t u a ,

2 9 4

left n o i m p r e s s i o n u p o n

his a c t i v i t y a m o n g his a d m i r e r s a n d supporters. O n the c o n t r a r y , once a means h a d been f o u n d t o p u t aside the vestiges o f h a t r e d a n d r i v a l r y some seven years after the i n c i d e n t , s h o r t l y before his death at a hoary o l d age,

those

scholars

w h o h a d agreed to

e x c o m m u n i c a t e h i m were m o r e anxious t o accept h i m again o n the level w h i c h he h a d enjoyed ' p r i o r t o the c o n t r o v e r s y ' t h a n he h i m s e l f was t r o u b l e d b y the m a t t e r .

2 9 5

Nevertheless, the a f o r e - m e n t i o n e d t r e n d , r e m o v i n g the q u e s t i o n o f o r d i n a t i o n f r o m the exclusive d o m a i n o f those a u t h o r i z e d t o g r a n t i t a n d s h i f t i n g i t to t h a t o f p u b l i c o p i n i o n , together w i t h the fact t h a t o r d i n a t i o n was n o t g r a n t e d i n the f r a m e w o r k o f an institution

such

as the u n i v e r s i t y , b u t b y

t h e rabbis

on

an

i n d i v i d u a l basis, seem i n d i r e c t l y t o have r e d u c e d the i m p o r t a n c e R. Moses Provenzali also clearly expressed this o p i n i o n i n the o n l y s u r v i v i n g o r d i n a t i o n at his h a n d , i n w h i c h he added to the reasons for g r a n t i n g the o r d i n a t i o n that 'the distinguished ones o f the l a n d ' where the person he ordained 'sit among t h e m and are deserving to be the ones bestowing the c r o w n . . . agree to this and desire i t ' . (See D o c u m e n t 9 i n the H e b r e w e d i t i o n o f this book, p p . 223-4.) 2 9 2

See h o w the members o f the C o m m u n i t y stood b y h i m and signed a declaration o f support d u r i n g the course o f the whole matter o f the T a m a r i - V e n t u r o z z o divorce [Eleh ha-Devarim ( M a n t u a , 1566), 13-14). Compare R. B o n f i l , 'R. Moses Provenzali's C o m m e n t a r y to M a i m o n i d e s ' 25 A x i o m s ' ( H e b . ) , KS 1 (1975), 158. See E. K u p f e r , ' T h e Removal o f the C r o w n o f T o r a h f r o m R. Moses Provenzali' ( H e b . ) , Sinai, 63 (1968), 137-60. 2 9 3

2 9 4

2 9 5

See M . Benayahu and J . Laras, ' H e a l t h Officials' ( H e b . ) , Mikha'el,

1973), 9 3 - 5 , 141-2.

1 (Tel Aviv,

6. Decline in Prestige of Ordination

99

o f the r e m o v a l o f r a b b i n i c titles so l o n g as i t was seen as n o m o r e t h a n an expression o f c o n t r o v e r s y between i r r i t a b l e scholars. T h e i m p r e s s i o n gained is t h a t r a b b i n i c scholars used t h i s t o o l r a t h e r excessively against t h e i r colleagues, i n c o m p a r i s o n w i t h t h e n o r m i n ecclesiastical

or u n i v e r s i t y circles, w h e r e titles seem t o have

been r e m o v e d o n l y u n d e r t h e m o s t exceptional

circumstances.

296

T h e removal o f the title remained directly dependent u p o n the status

w h i c h the dramatis

personae enjoyed

within

the

com-

m u n i t y — t h a t is, t h e respective status o f those r e m o v i n g the t i t l e a n d t h e one f r o m w h o m t h e t i t l e was r e m o v e d . T h e r a b b i w h o m people w i s h e d t o ' d e f r o c k ' m i g h t at t i m e s have already established his p o s i t i o n a m o n g his r a b b i n i c colleagues a n d t h e p u b l i c . I f so, his prestige was no less a n d at t i m e s even greater t h a n t h e one w h o a t t e m p t e d t o r e m o v e t h e t i t l e f r o m h i m . I t is therefore n o t s u r p r i s i n g t h a t i n such cases the act o f r e m o v a l left h a r d l y a trace behind.

2 9 7

T h e opposite was the case i f the one f r o m w h o m t h e

r a b b i n i c t i t l e was r e m o v e d was s t i l l at t h e b e g i n n i n g o f his career, a n d the r a b b i p e r f o r m i n g t h e act enjoyed greater p u b l i c a u t h o r i t y . A

clear i l l u s t r a t i o n o f t h i s p o i n t is seen i n t h e difference

in

a t t i t u d e o f R. Joseph o f A r i e s t o w a r d s the r e m o v a l o f the t i t l e f r o m h i m i n the various instances i n w h i c h he was i n v o l v e d .

2 9 8

T h e rise o f the p u b l i c role i n d e t e r m i n i n g t h e i m p o r t a n c e o f ' t h e one a d o r n e d w i t h o r d i n a t i o n ' a n d his p o s i t i o n a m o n g t h e m i n t h e l i g h t o f t h e tendencies discussed above p r e p a r e d t h e way for the c r e a t i o n o f a n e w m o d e l — n a m e l y , the p u b l i c f u n c t i o n o f the r a b b i a p p o i n t e d b y the c o m m u n i t y . I n t h e n e x t chapter, we shall discuss the emergence o f t h a t office. 296 T h r o u g h o u t the M i d d l e Ages, i t was customary for the bishop to u n f r o c k any priest w h o had been subject to the death sentence; D o c t o r s were subject t o similar discipline. See Pertile, Storia

del diritto

italiano,

v. 268 and n . 40. Compare

Breuer,

'Ashkenazic O r d i n a t i o n ' , p. 38 and n . 149. 2 9 7

F o r this reason, I do n o t share E. K u p f e r ' s a s t o n i s h m e n t — ' R . A b r a h a m o f R o v i g o

and his Removal f r o m the Rabbinate' ( H e b . ) , Sinai,

61 (1967), 1 4 9 - 5 0 — a n d so do n o t

see the attempts t o resolve the difficulties as serious. 2 9 8

See E . K u p f e r , ' O n the D e n i a l o f R a b b i n i c and Collegiate Status to R. Joseph

f r o m Aries and his Restoration' ( H e b . ) , KS

41 (1966), 117-32. K u p f e r also took note ( p .

125) o f the fact that '1548 was n o t like 1532-36, w h e n R. Joseph was still a y o u n g scholar . . .' See also C h . 2, Sect. 3.

3 The Community-Appointed

Rabbi

i . W H E N A N D H O W WAS T H E OFFICE CREATED?

Even

a superficial e x a m i n a t i o n o f the sources f o r the p e r i o d

clearly indicates, b y t h e m i d d l e o f t h e s i x t e e n t h c e n t u r y ,

the

existence o f some c o m m u n i t i e s w h i c h h a d an a p p o i n t e d r a b b i , alongside made.

others i n w h i c h n o such a p p o i n t m e n t h a d yet been

This

state o f affairs is i m p l i c i t i n the w o r d i n g o f the

f o u r t h o r d i n a n c e a p p r o v e d b y the representatives

o f the Italian

c o m m u n i t i e s i n F e r r a r a i n 1554: I n a place where one rabbi resides, another rabbi living outside the city cannot issue edicts accompanied by the threat of excommunication without the agreement of the rabbi of the city, or unless that rabbi declares himself unwilling to deal w i t h the specific case i n question . . . But i n those places where there is a rabbi appointed by the community or by its leaders, even another rabbi o f that same city may not promulgate any such edict, either verbally or in writing, except w i t h the agreement of the community rabbi. Should he [nevertheless] issue such an edict i t shall be null and void ab initio', however, i f any person has dealings w i t h the rabbi of the city, then other rabbis may rule upon h i m as they see f i t . 1

I n o t h e r w o r d s , a d i s t i n c t i o n was d r a w n between 'a r a b b i o f the c i t y ' , w h o is s i m p l y a r a b b i l i v i n g i n a p a r t i c u l a r place, a n d a

See L . Finkelstein, Jewish Self-government in the Middle Ages ( N e w Y o r k , 1924; 2 n d edn, 1964), 302. W e shall r e t u r n to the significance o f this ordinance i n sect. 5. As I understand i t , the d i s t i n c t i o n between ' b y the c o m m u n i t y ' and ' b y the leaders o f the c o m m u n i t y ' is based u p o n the different forms o f organization arrived at b y the various c o m m u n i t i e s at the t i m e the ordinances were made: i n some c o m m u n i t i e s , such as Verona, decisions were still accepted by the entire m e m b e r s h i p o f the c o m m u n i t y , that is, by the taxpayers, while i n others, such as R o m e , the decision-making a u t h o r i t y had been transferred to a b o d y o f chosen leaders. I t may also be that the d i s t i n c t i o n is between those places i n w h i c h the money-lenders were still d o m i n a n t and were called 'the leaders o f the c o m m u n i t y ' (rashei ha-kahal) and those i n w h i c h the p u b l i c had attained f u l l rule (see I n t r o d u c t i o n , n . 8). As far as we are concerned, this d i s t i n c t i o n is merely a technical one, for w h i c h reason f r o m here on the appointed r a b b i w i l l s i m p l y be designated as the ' c o m m u n i t y - a p p o i n t e d r a b b i ' or 'the r a b b i appointed by the c o m m u n i t y ' . 1

/. When and How was the Office Created? 'rabbi

appointed

by

the

community'.

2

I n the

101

absence o f a

c o m m u n i t y - a p p o i n t e d r a b b i , t h i s o r d i n a n c e does n o t r e s t r i c t the r i g h t s o f t h e local rabbis t o p r o m u l g a t e e d i c t s ,

3

b u t i t does

p r e c l u d e t h e exercise o f such a r i g h t b y those r a b b i s l i v i n g outside the c i t y . T h e earliest k n o w n w r i t t e n a p p o i n t m e n t was issued i n V e r o n a i n 1 5 3 9 . A b r a h a m Y a a r i c o m p i l e d a b i b l i o g r a p h i c a l list o f r a b b i n i c 4

a p p o i n t m e n t s w h i c h he discovered d u r i n g his years o f extensive research i n H e b r e w b i b l i o g r a p h y . O f a l l the d o c u m e n t s o f t h i s 5

t y p e discovered b y Y a a r i i n t h e n u m e r o u s m a n u s c r i p t s a n d books w h i c h he e x a m i n e d , t h a t o f V e r o n a is t h e earliest one k n o w n f r o m any J e w i s h c o m m u n i t y i n the w o r l d .

6

A s i m i l a r d o c u m e n t has

been preserved f r o m the latter h a l f o f the s i x t e e n t h c e n t u r y i n C r e m o n a . T h e r e were also c o f r i m u n i t y - a p p o i n t e d rabbis i n Padua f r o m 1579, a n d i n Casale M o n t f e r r a t f r o m 1589.

7

I t w o u l d also

I t follows f r o m this t h a t , even i n the second ordinance, the ' r a b b i o f the c i t y ' was identical w i t h the r a b b i l i v i n g i n the city. F o r this reason, the w o r d i n g o f the ordinance was very precise: 'the one w h o first violated the agreement and b r o u g h t his fellow Jew to the courts o f the non-Jews w i t h o u t permission o f his community or o f the rabbi of his city, e t c ' 2

3

i.e. edicts i m p l y i n g the i m p o s i t i o n o f e x c o m m u n i c a t i o n against transgressors.

See A p p e n d i x 2 for a comprehensive list o f the a p p o i n t m e n t documents k n o w n to us f r o m I t a l i a n c o m m u n i t i e s o f this p e r i o d . A n u m b e r o f those w h i c h have n o t been published to date appear i n Part I I o f the H e b r e w e d i t i o n o f this book. I should p o i n t o u t here that the t e r m ' a p p o i n t m e n t d o c u m e n t ' (ketav-minui), as used here does not refer to an ' a p p o i n t m e n t ' i n the literal sense—i.e. a f o r m a l d o c u m e n t issued by the leaders o f the c o m m u n i t y to the appointed r a b b i — b u t to the decision t o a p p o i n t a r a b b i as recorded i n the c o m m u n a l register. I have n o t succeeded i n discovering an a p p o i n t m e n t d o c u m e n t i n the literal sense, i f any such existed. 4

A . Yaari's w i d o w has k i n d l y allowed me to examine the collection o f lists i n her possession, n o w awaiting e d i t i n g p r i o r to p u b l i c a t i o n . I t is m y pleasant d u t y to thank M r s Yaari. I w i l l specifically cite each i t e m w h i c h I received f r o m these lists. 5

M . Benayahu has gathered together versions o f appointments f r o m T u r k e y and Greece, taken f r o m various volumes o f responsa; see M . Benayahu, Marbiz Torah (Jerusalem, 1953), 2 2 - 8 . T h e first o f these documents is f r o m the year 1555. T h e earliest k n o w n a p p o i n t m e n t p u b l i s h e d to date f r o m the Ashkenazic o r b i t is that o f R. Isaiah H o r o w i t z , issued i n 1606; see M . H o r o v i t z , Rabbanei Frankfurt (Jerusalem, 1972), 322¬ 4. T h i s has been briefly discussed and translated i n t o E n g l i s h by E. N e u m a n , Life and Teachings of Isaiah Horowitz ( L o n d o n , 1972), 3 8 - 4 1 , 2 0 0 - 1 . J . K a t z p u b l i s h e d three typical r a b b i n i c appointments f r o m Bohemia, M o r a v i a , and G e r m a n y f r o m the year 1640; see his study ' O n the H i s t o r y o f the Rabbinate at the Close o f the M i d d l e Ages' ( H e b . ) , Sefer Zikaron le-Binyamin de Preis (Jerusalem, 1969), 281-94. Earlier appointments f r o m the ledgers o f the F r a n k f u r t c o m m u n i t y ( M S Jerusalem H e b . 4 662), b e g i n n i n g w i t h 1583, were copied by Yaari i n the above lists. See also Y . Prener, ' C o n t r a t d'engagement d u r a b b i n d ' A v i g n o n en 1661', REjf 6$ (1913), 315-18. 6

t 0

7

See the list o f appointments i n the H e b r e w e d i t i o n b f this book, p p . 298-9.

102

j . The Community-Appointed Rabbi

appear t h a t there were such i n F e r r a r a i n 1 5 5 6 , 1 5 6 9 , i n M o d e n a d u r i n g the 1 5 7 0 s , 9

10

8

i n Bologna i n

and i n Florence i n 1 6 0 8 ;

1 1

h o w e v e r , t h e r e c o r d books (pinkasim) o f these c o m m u n i t i e s have not survived. In

any

event, we m a y

state t h a t the office

of community-

a p p o i n t e d r a b b i first emerged i n n o r t h - c e n t r a l I t a l y t o w a r d s the m i d d l e o f t h e s i x t e e n t h c e n t u r y , a l t h o u g h b y the 1550s i t h a d s t i l l n o t a r r i v e d i n some c o m m u n i t i e s .

1 2

B y the m i d d l e o f the

c e n t u r y , m o s t c o m m u n i t i e s h a d reached t h e stage o f m o r e or less fixed f o r m s o f o r g a n i z a t i o n . T h e emergence o f the office o f the a p p o i n t e d r a b b i s h o u l d therefore

be seen w i t h i n t h a t c o n t e x t .

T h e s e facts p o i n t t o the c o m p l e x i t y o f the general p i c t u r e , m a k i n g us aware o f the need f o r exercising great c a u t i o n i n the use o f accepted t e r m i n o l o g y a n d phrases, w h i c h can o t h e r w i s e lead t o an e n t i r e l y d i s t o r t e d i m p r e s s i o n .

Such

expressions as

'Rabbi

So-and-so officiated (kihen) or served (shimmesh) i n the r a b b i n a t e i n c i t y so-and-so', or ' R a b b i X was appointed r a b b i o f place Y ' , or even ' R a b b i X unless accompanied

was t h e r a b b i o f Y ' ,

are r a t h e r

ambiguous

b y an e x p l a n a t i o n as t o the n a t u r e o f the

office or a p p o i n t m e n t r e f e r r e d t o i n a g i v e n case. I t is t h i s q u e s t i o n w h i c h the present chapter is i n t e n d e d t o elucidate.

2. T H E O F F I C E OF T H E A P P O I N T E D R A B B I W I T H I N T H E S T R U C T U R E OF T H E C O M M U N A L O R G A N I Z A T I O N

T h o s e extant d o c u m e n t s o f a p p o i n t m e n t m e n t i o n , as the p r i m a r y reason f o r the c o m m u n i t y ' s decision t o a p p o i n t a r a b b i , t h e need See E. K u p f e r , ' R . A b r a h a m b. M e n a h e m o f Rovigo and his Removal f r o m the Rabbinate', Sinai, 61 (1967), 157. 8

A n a r b i t r a t i o n r u l i n g issued by R. Moses Provenzali regarding a dispute w h i c h took place between the c o m m u n i t y o f Bologna and R. S o l o m o n o f M o d e n a ( o n R. S o l o m o n see Section I I o f the H e b r e w e d i t i o n o f this book, D o c u m e n t 6, p. 220 n . 2), w h o left Bologna s h o r t l y before the expulsion o f the Jews f r o m that city, is given i n his ' T e s h u v o t ' , M S Jerusalem 8 1999, sect. 198. T h e c o m m u n i t y demanded various payments o f R. S o l o m o n ; among the other debts he had to pay, i n R. Provenzali's r u l i n g , was 'the 9

t0

rabbi's salary'. See n . 54. See U . Cassuto, ' I p i u a n t i c h i capitoli del ghetto d i Firenze' R I 9 (1912), 208. I t should be noted that Cassuto d i d n o t find i n Florence, d u r i n g the 1570s, 'a r a b b i u p o n w h o m there was regularly imposed its supervision f r o m a religious and s p i r i t u a l v i e w p o i n t ' . See Cassuto, Firenze, 214. T h e p h e n o m e n o n o f T o r a h teachers o f the type o f R. D a v i d i b n Yahya, w h o appeared i n the c o m m u n i t i e s o f south-central I t a l y f r o m the b e g i n n i n g o f the 15th cent., w i l l be discussed later. 1 0

1 1

1 2

2. The Rabbi in the Community

Structure

t o ensure t h e c o n t i n u i t y o f local s t u d y o f t h e L a w .

103 1 3

T h i s does

n o t differ i n p r i n c i p l e f r o m t h e reason usually offered f o r t h e decision t o a p p o i n t a head o f t h e academy (rosh-yeshivah). the teaching a c t i v i t y d e m a n d e d

r a b b i d i d n o t differ f u n d a m e n t a l l y f r o m t h a t expected rosh-yeshivah; rabbinic

1A

o f the

i n d e e d , there are a n u m b e r o f cases i n w h i c h t h e

a p p o i n t m e n t e x p l i c i t l y i n c l u d e d an

rosh-yeshivak.

Even

o f the communally appointed

appointment

as

A p a r t i c u l a r l y clear f o r m u l a t i o n o f such a state-

m e n t m a y be f o u n d , f o r example, i n t h e i n v i t a t i o n addressed t o R. Isaac de L a t t e s t o serve as rosh-yeshivah i n Pesaro i n 1 5 5 7 .

1 5

L i k e the r a b b i appointed i n Verona, the only t h i n g required o f R. Isaac was: to explain and to interpret a passage from a code, such as Alfasi's together w i t h R. Nissim Gerondi's glosses, to the student-disciples once every day following the M o r n i n g Prayer, until time for the morning meal. A n d the rest o f the day . . . he shall be free to spend according to his pleasure and benefit, and he w i l l be free and master o f h i m s e l f . 16

T h e c o m m u n i t y m o r e o v e r assured R. de L a t t e s t h a t i f the income o f one hundred gold scudi each year, and a free goodly house for h i m and his family to live i n i n keeping w i t h his dignity would appear to h i m insufficient, then notwithstanding the fact that he himself was free to increase his income by some other activity . . . they w i l l add to his salary . . . A s we shall see b e l o w , an i n c o m e o f one h u n d r e d g o l d scudi per year, p l u s a house ' i n accordance w i t h his d i g n i t y ' , were c o n d i t i o n s far s u p e r i o r t o those offered to c o m m u n i t y r a b b i s d u r i n g t h e I550S. See e.g. the first a p p o i n t m e n t issued i n Verona: ' b e h o l d the land shakes . . . because o f the abandonment o f T o r a h ; there is n o one w h o learns or teaches . . . therefore we have agreed, i n order to f u l f i l the o b l i g a t i o n o f heaven and o u r o b l i g a t i o n , to spread T o r a h among us'. I n the a p p o i n t m e n t f r o m Cremona: ' i t is i n c u m b e n t u p o n us and our fathers to strengthen those w h o study T o r a h and to assist t h e m . T h e r e f o r e we have risen u p . . . and besought the Excellent R a b b i (Ga'on) so-and-so, may he live . . . that he w i l l consent to d w e l l among us.' A similar line o f reasoning, at times even m a k i n g use o f similar language, also appears i n appointments f r o m outside I t a l y (see the sources cited at n . 6). 1 3

See the first appointments o f the c o m m u n i t y o f Verona. O n the educational activities o f the yeshivah heads, see C h . i , Sect. i . See D . F r a n k e l , ' T h r e e L e t t e r s C o n c e r n i n g the B i o g r a p h y o f R. Isaac Joshua de L a t t e s ' (Heb.),Mlim le-Bibliographiya ve-Korot Yisrael, 3/2 (1937-8), 24, and cf. the letters o f a p p o i n t m e n t below. F r a n k e l , i b i d . T h e absence o f any reference to the study o f T a l m u d and Tosafot is clearly a result o f the situation created after the b u r n i n g o f the T a l m u d . 1 4

1 5

1 6

104

3- The Community-Appointed

U n l i k e the i n v i t a t i o n addressed t o R. documents

o f a p p o i n t m e n t prepared

by

Rabbi Isaac de L a t t e s ,

the

the c o m m u n i t i e s i n -

c o r p o r a t e d other clauses, w h i c h established the f r a m e w o r k f o r the j o i n t p a r t i c i p a t i o n o f the c o m m u n i t y ' s lay leaders (parnassim) w i t h the a p p o i n t e d r a b b i i n the r e a l m o f c o m m u n i t y l e a d e r s h i p .

17

The

essence o f these c o n d i t i o n s was t h a t the r a b b i was expected t o reinforce c o m m u n a l ordinances b y e x c o m m u n i c a t i n g transgressors whenever so requested

b y the lay leaders. T h i s

requirement,

w h i c h appeared e x p l i c i t l y i n m o s t o f the a p p o i n t m e n t d o c u m e n t s , was n o t shared b y the rosh-yeshivah,

1 8

w h o was n o t a c o m m u n a l l y

a p p o i n t e d r a b b i . T h i s is n o t t o say t h a t the rosh-yeshivah d i d n o t p a r t i c i p a t e i n the c o m m u n a l leadership, b u t rather t h a t his role remained independent community. Thus,

o f the organizational f r a m e w o r k o f the

his a u t h o r i t y rested

u p o n the specific

re-

l a t i o n s h i p between h i m s e l f a n d those s t u d y i n g u n d e r his d i r e c t i o n i n the yeshivah. N a t u r a l l y e n o u g h , these people saw themselves as c o m m i t t e d to h o n o u r h i m a n d t o f o l l o w his r u l i n g s , as a consequence o f the r e l a t i o n s h i p established between t h e m , w h i c h was essentially students.

no different f r o m t h a t o f any teacher over his

I t is n o t d i f f i c u l t to perceive t h a t , i n a c o m m u n i t y

where other scholars were present, the rosh-yeshivah automatically

assume

a

status

of

seniority,

could not

unless

this

was

recognized b y some sort o f general agreement. T h e best way to b r i n g t h i s a b o u t was b y a t t r a c t i n g a l l the scholars o f the c o m m u n i t y to the yeshivah, a n d i m p o s i n g u p o n t h e m the a u t h o r i t y o f the rosh-yeshivah

by

v i r t u e o f his status

s t r u c t u r e o f the y e s h i v a h .

19

within

the

hierarchical

T h u s , we m a y say t h a t the r a b b i ' s

One is struck, i n the first a p p o i n t m e n t f r o m Verona, by the separation between the t w o realms. E v e r y t h i n g p e r t a i n i n g to the realm o f study is concentrated i n the first paragraph, w h i l e that w h i c h relates to the leadership o f the c o m m u n i t y is contained i n the second paragraph, w h i c h opens w i t h the words 'and i n matters concerning the congregation'. T h i s separation well expresses the approach o f those w h o appointed the r a b b i , there being an a d d i t i o n here to what i t was customary to stipulate w i t h a rosh-yeshivah. I n later appointments, this d i v i s i o n is somewhat obscured, and the tasks and obligations o f the r a b b i are organized i n sections according to the degree o f importance attached to each section. F o r example, i n the a p p o i n t m e n t o f R. A b r a h a m M e n a h e m h a - K o h e n Porto i n Verona i n 1584, sects. 9 and 11, w h i c h are also concerned w i t h religious teaching, f o l l o w other sections concerning various matters o f c o m m u n a l leadership. 1 7

W h e r e i t does not appear, we w i l l discuss f u r t h e r the reason for its absence. Such an experience seems to have been described by R. E l i j a h Capsali i n his remarks concerning the scholars o f Padua and the yeshivah o f R. J u d a h M i n z : ' o u r master R. H a y y i m C a r m i was one o f the outstanding ones, and he was F r e n c h and d i d not go to the yeshivah, for he had a different m e t h o d o f study; and m y master and father, may he live l o n g , asked his teacher, R. J u d a h M i n z , t o study together w i t h h i m , and thus 1 8

1 9

2. The Rabbi in the Community Structure

105

a u t h o r i t y i n the c o m m u n i t y became a p r o j e c t i o n o f his a u t h o r i t y w i t h i n the H o u s e

o f Study.

A

balanced

combination o f true

scholarly s k i l l a n d expertise w i t h h i g h s e n s i t i v i t y to the p u b l i c ' s needs, w h e n i t s u b t l y d i r e c t e d the i n v o l v e m e n t o f the r a b b i outside t h e l i m i t e d area o f academic activities, m i g h t give such a r a b b i a p o s i t i o n o f uncontested leadership. O n the other h a n d , i n s e n s i t i v i t y to the c o m m u n i t y , or even an e r r o r i n j u d g e m e n t r e g a r d i n g the means b y w h i c h t o i m p l e m e n t his personal a u t h o r i t y , c o u l d u n d e r c u t the basis o f such a u t h o r i t y . T h i s m o d e l o f r a b b i n i c a c t i v i t y , i n p u b l i c teaching a n d i n c o m m u n a l leadership, m a y be described i n t e r m s o f charismatic personal leadership, i n d e p e n d e n t o f forms o f c o m m u n a l organization. T h e limitations o f this k i n d o f leadership are r o o t e d i n the personality a n d talents o f the r a b b i , t h a t is, i n his personal stature, his confidence i n his o w n i n t e l l e c t u a l capacities, his independence, a n d his sense o f religious and moral responsibility.

20

A n o u t s t a n d i n g example o f t h i s m o d e l o f leadership is t h a t o f R. J u d a h M i n z i n Padua. O n e is s t r u c k b y the sense o f a u t h o r i t y conveyed

by

the

very

language

of

the

ordinances w h i c h he i n s t i t u t e d i n 1 5 0 7 ,

21

i n t r o d u c t i o n to

the

as head o f a g r o u p o f

' r a b b i s o f the V e n e t i a n d o m i n i o n ' : Since the [conditions of] the hour demand i t , and these ordinances pertain to us Jews i n accordance w i t h our L a w , and there being present in Padua many sages and rabbis of our L a w who dwell i n Italy under Venetian rule, therefore I , Judah M i n z , w i t h the rest o f my colleagues and students, have seen fit to introduce the arrangements described below . . , 2 2

they d i d , and they discoursed i n the yeshivah i n the H o l y T o n g u e [i.e. Hebrew], so that he w o u l d also understand. A n d w h e n he saw that they d i d n o t have ease f r o m one another i n matters o f halakhah, he ceased to go to the yeshivah? See N . Porges, 'Elie Capsali et sa C h r o n i q u e de Venice', RE J 77 (1923), 35. I n m y o p i n i o n , i t is significant that the initiative for this scholar's meeting w i t h R. J u d a h M i n z d i d n o t originate w i t h R. M i n z himself, b u t w i t h one o f those w h o w e n t to the yeshivah. T h a t is to say, the scholars o f the yeshivah, w h o saw themselves as subject to the yeshiva-head, were interested, perhaps even more t h a n he, i n the general agreement to the a u t h o r i t y o f the r a b b i ! See J . K a t z , Masoret u-Mashber (Jerusalem, 1958), 199 ( f r o m where I b o r r o w e d the phrase, 'intellectual c e r t a i n t y ' ) ; H . H . Ben-Sasson, Hagut ve-Hanhagah (Jerusalem, i 9 6 0 ) , 163 ff. See R. B o n f i l , 'Jews i n the Venetian T e r r i t o r i e s ' ( H e b . ) , Zion, 41 (1976), 6 9 - 9 6 . Compare the analogous feeling o f leadership o n the part o f R. J u d a h M i n z ' s cousin, R a b b i M . M i n z , i n his Teshuvot, sect. 60, and see also H . H . Ben-Sasson, A History of the Jewish People ( C a m b r i d g e , Mass., 1976), 599. 2 0

2 1

2 2

io6

3. The Community-Appointed

Rabbi

T h u s , the r a b b i s felt t h a t the p o w e r t o legislate was c o n f e r r e d u p o n t h e m b y the u n c o n t e s t e d p r i n c i p l e t h a t 'ordinances p e r t a i n to us Jews i n accordance w i t h o u r L a w ' , a n d t h a t the rabbis were the ' M a s t e r s o f the L a w ' . A l l those present o n t h i s occasion were the disciples o f one i n d i v i d u a l ; t h e i r feeling o f s u b j u g a t i o n t o h i m h a d been f o r m e d w i t h i n the walls o f the yeshivah at Padua. T h e i m p a c t o f these ordinances, signed b y t h i r t y r a b b i s w h o were his 'disciples', was felt f o r years thereafter, even t h o u g h its details were f o r g o t t e n ;

2 3

t h e n u m b e r i t s e l f is a concrete i n d i c a t i o n o f

R. M i n z ' s p o w e r a n d i n f l u e n c e .

24

T h e c o m m u n i t y heads are n o t

m e n t i o n e d as the p r o m u l g a t o r s o f these ordinances; the legislating rabbis d i d n o t r e q u i r e t h e i r agreement i n o r d e r t o make these rules, n o r d i d t h e y i n d i c a t e any d o u b t t h a t these

ordinances

w o u l d be accepted b y the p u b l i c . T h e i r expectation was, i n fact, confirmed. H o w e v e r , i n creating the office o f the a p p o i n t e d r a b b i , J e w i s h society, w h i c h saw the basis o f its existence as r o o t e d i n a sacred n o r m a t i v e system, u n d o u b t e d l y d e m o n s t r a t e d its need t o establish fixed a n d i n s t i t u t i o n a l i z e d o r g a n i z a t i o n a l f r a m e w o r k s besides t h e i n f o r m a l a u t h o r i t y o f a rosh-yeshivah. feel such a need? A s

W h a t made the communities

we said, the appeal t o a

rosh-yeshivah

depended solely u p o n the p a r t i c u l a r characteristics o f a g i v e n r a b b i , the a d m i r a t i o n felt t o w a r d s h i m b y the c o m m u n i t y , a n d the sacral aura w h i c h s u r r o u n d e d t h e yeshivah. W e m a y assume the fear arose t h a t , i n the absence o f i n s t i t u t i o n a l i z e d n o r m s i n this area, such an appeal m i g h t i t s e l f n o t be possible, t h e r e b y h a m p e r i n g t h e p r o p e r f u n c t i o n i n g o f t h e i n s t i t u t i o n s o f social o r g a n i z a t i o n . S u c h an undesirable d e v e l o p m e n t m i g h t occur as a result o f several factors. F o r example, a p a r t i c u l a r r a b b i t o w h o m the society m i g h t need t o t u r n f o r s p i r i t u a l a n d legal s u p p o r t o f the p r a c t i c a l expressions

o f their institutional forms o f organ-

i z a t i o n , m i g h t suffer f r o m c e r t a i n personal l i m i t a t i o n s . Relevant also are the n a t u r a l obstacles e n c o u n t e r e d b y any c o m m u n i t y whenever c o n f r o n t e d w i t h the need t o w e i g h the u t i l i t y o f an appeal t o a scholar or t o decide t o w h i c h scholar t o appeal, i f See A . H . F r e i m a n n , Seder Kiddushin ve-Nisuin me-aharei Hatimat ha-Talmud ve-ad yameinu (Jerusalem, 1965), 131 ff. R. B e n j a m i n o f M o n t a l c i n o alluded to the lack o f such influence and power o n the part o f R. J u d a h Messer L e o n , w h e n he engaged h i m i n polemic concerning his demand for the a u t h o r i t y to i n t r o d u c e edicts for the c o m m u n i t y to w h i c h he d i d n o t see h i m s e l f subject; see Divrei Rivot, 5, and C h . 2, Sect. 27 n . 5 1 , and Sect. 6 n . 244. 2 3

2 4

2. The Rabbi in the Community m o r e t h a n one existed i n a g i v e n place.

Structure

107

I n o t h e r w o r d s : any

c o m m u n i t y , t h e p r o p e r f u n c t i o n i n g o f whose i n s t i t u t i o n s depended u p o n a sacral n o r m a t i v e system, w o u l d strive t o ensure t h a t its appeal t o t h a t system w o u l d a v o i d b e i n g d e p e n d e n t

exclusively

u p o n t h e personal i n v o l v e m e n t o f a single i n d i v i d u a l ,

however

great a n d respected he m i g h t be. S u c h a c o m m u n i t y w o u l d also a t t e m p t t o ensure t h a t its appeal t o teachers o f the L a w was n o t u n d e r m i n e d b y t h e a t t e m p t o f some sector o f the p u b l i c t o a v o i d the v e r y appeal itself, so l o n g as the q u e s t i o n as t o w h i c h teacher t o appeal m i g h t i t s e l f raise difficulties. P a r t i c u l a r l y i n a case i n w h i c h t h e c o m m u n i t y h a d n o teachers w h o were accepted b y t h e decisive m a j o r i t y o f the p u b l i c o n t h e basis o f t h e i r p e r s o n a l i t y a n d charisma, such a s i t u a t i o n was always a p o s s i b i l i t y . T h i s seems to have been t h e s i t u a t i o n i n I t a l y d u r i n g the p e r i o d f o l l o w i n g the death o f R. J u d a h M i n z . T h r o u g h o u t t h e s i x t e e n t h c e n t u r y , a series o f r a b b i n i c controversies raged w i t h i n the I t a l i a n J e w i s h c o m m u n i t y . M o r e or less satisfactory

doc-

u m e n t a t i o n is extant for some o f t h e m , such as the F i n z i - N o r z i controversy,

25

the T a m a r i - V e n t u r o z z o d i v o r c e ,

s u r r o u n d i n g the r i t u a l b a t h (mikveh)

and the dispute

2 6

of Rovigo.

2 7

E a c h o f these

controversies i n v o l v e d m a n y r a b b i s , no one o f t h e m possessing the a u t h o r i t y t o decide w i t h finality. I n d e e d , t h e personal a u t h o r i t y See A . M a r x , ' A Jewish Cause Celebre i n Sixteenth C e n t u r y I t a l y ' , i n Studies Bibliography and Booklore ( N e w Y o r k , 1944), 107-54. 2 5

in

See S. S i m o n s o h n , Mantua (Jerusalem, 1972), 501 n . 8; E. K u p f e r , ' F u r t h e r Notes C o n c e r n i n g the Scandal o f the T a m a r i - V e n t u r o z z o D i v o r c e ' ( H e b . ) , Tarbiz, 38 (1969), 54-60. See also B o n f i l , 'Jews i n the Venetian T e r r i t o r i e s ' , 7 9 - 8 0 n . 64. 2 6

See L . M o d e n a , Kitvei R. Yehudah Aryeh mi-Modena, ed. J . B l a u (Budapest, 1906), G e r m a n Section, 127-37; A . Y a a r i , ' A n U n k n o w n D o c u m e n t concerning the Controversy i n Reggio' ( H e b . ) , i n his Mehkerei Sefer (Jerusalem, 1958), 4 2 0 - 9 ; K . Schlesinger, ' A Controversy C o n c e r n i n g the M a t t e r o f G e n t i l e W i n e i n I t a l y i n the year 1608' ( H e b . ) , Yuval Shay; Ma'amarim li-khevod Shmuel Yosef Agnon (Ramat G a n , 1958), 211-20; G . C o h e n , ' T o w a r d s the H i s t o r y o f the Controversy C o n c e r n i n g the M a t t e r o f G e n t i l e W i n e i n I t a l y and its Sources' ( H e b . ) , Sinai, 77 (1975), 62-70. O n l y fragmentary accounts were p u b l i s h e d concerning other incidents, such as the engagement o f Rosa i n 1535— see F r e i m a n n , Seder Kiddushin ve-Nisu'in, 135-7; E . K u p f e r , ' O n the D e n i a l o f R a b b i n i c and Collegial Status to R. Joseph o f Aries and his Restoration' ( H e b . ) , KS 41 (1966), 121-5. Extensive material o n yet m o r e controversies is preserved i n m a n u s c r i p t documents. F o r example, concerning the responsa o f R. M e i r o f Padua (Teshuvot Mahara"m mi-Padua, sect. 1 3 — a n d cf. I . Lattes, Teshuvot R. Yizhak mi-Lattes, ed. M . Z . F r i e d l a n d e r ( V i e n n a , i 8 6 0 ) , 53 f f . ) , one finds responsa o f other rabbis i n at least three manuscripts: M S Jerusalem H e b . 8 101; H e b . 8 3904; and M S M o n t e f i o r e 480. L i k e w i s e , i n the latter t w o M S S one finds groups o f responsa concerning the question o f the wearing o f tefillin d u r i n g the intermediate days o f the f e s t i v a l — a n d these are o n l y t w o o u t o f m a n y ; see also n . 167 i n this chapter. 2 7

t0

t0

io8

j . The Community-Appointed

Rabbi

o f t h e i n d i v i d u a l s i n v o l v e d was severely weakened b y some harsh facts w h i c h came t o l i g h t i n the wake o f these conflicts. T o these factors m u s t be added the social tension between the various 'ethnic g r o u p s ' ,

w h i c h f o u n d p a r t i c u l a r l y sharp expression i n

2 8

the area o f r a b b i n i c a l r e l a t i o n s h i p s o f r a b b i n i c discussion,

29

even i f , w i t h i n the context

the e t h n i c differences

were

at

times

somewhat obscured u n d e r the influence o f o t h e r factors, b o t h personal a n d h a l a k h i c .

30

T h e e t h n i c factor is p a r t i c u l a r l y s t r i k i n g

w i t h i n the n a r r o w confines o f the local c o m m u n i t i e s , i n w h i c h we can

i d e n t i f y cohesive

communities

which

d i s p u t i n g rabbis. E v e n i n t h e case o f t h e

stood

behind

the

Tamari-Venturozzo

d i v o r c e , t h e M a n t u a c o m m u n i t y was d i v i d e d i n t o t w o camps: t h e scholars

o f the

Ashkenazic

yeshivot

on

the

one

hand,

and

R. M o s e s P r o v e n z a l i a n d the I t a l i a n c o m m u n i t y o n the other. I n the c o n t r o v e r s y c o n c e r n i n g the R o v i g o

r i t u a l b a t h , R.

Judah

Saltaro da F a n o o f Venice expressed h i m s e l f s h a r p l y against R. Ben-Zion Zarfatti:

3 1

O n the c o n t e m p t towards Ashkenazim d u r i n g this p e r i o d i n I t a l y by the Italians and Sephardic c o m m u n i t i e s , see G e r a r d E. W e i l , Elie Levita ( L e i d e n , 1963), 4, and the sources cited there. Cf. also the remarks o f one o f the members o f the R i e t i f a m i l y , w h o wrote to his relative, a w i d o w e r w h o intended to m a r r y as his second wife a w o m a n o f Ashkenazic background: 'and h o w m u c h more so w h e n y o u s^tyour m i n d t o be assimilated amongst the hordes o f the Ashkenazim, w h o are arrogant/souls; you mean t o compete w i t h t h e m , and f r o m there y o u have chosen to b u i l d u p a home for yourself! T h e y were a source o f t r o u b l e to all o f the Jews i n general, and to the Italians such as ourselves i n particular. T h e i r w o m e n go about w i t h upstretched necks [cf. Isa. 3: 16] seeking adultery, w i t h their legs they anger, the badge o f arrogance and shame is o n their foreheads, they always draw sin w i t h the ropes o f seductions and idle talk . . . M S N Y — J T S 73835, fo. 13. See S. S i m o n s o h n , ' I banchieri da R i e t i i n Toscana', RMI 38 (1972), 414-15, i n w h i c h the I t a l i a n translation o f these remarks is published. See also M . A . Shulvass, The Jews in the World of the Renaissance ( L e i d e n and Chicago, 1973), 57-60; S. Assaf, 'Responsa o f R. A z r i e l D i e n a ' ( H e b . ) , KS 15 (1940), 125. 2 8

See e.g. the response o f R. A b r a h a m h a - K o h e n o f Bologna to R a b b i A b r a h a m M i n z i n the context o f the F i n z i - N o r z i controversy, Pesakim (Venice, 1519), fo. 33a: ' N o w you denigrate me w i t h the t e r m Sephardi, w h i c h is the very opposite o f such . . .' Cf. also fo. 35a, the words o f another sage o n the same matter, and see likewise the polemics o f R. Isaac de Lattes against Ashkenazic rabbis, 'as their path is one o f foolishness, to aid the Ashkenazim as a seal, whether the oppressor or the oppressed, and to h o l d g u i l t y the Italians, w i t h o u t e x a m i n i n g whether this is justified or not. B o t h the righteous and the wicked are k i l l e d by the speech o f their m o u t h s , unless salvation comes f r o m another place [cf. Est. 4: 14].' (Teshuvot R. Yizhak mi-Lattes, 144, and cf. also 144 f f . ) . See also the words o f R. A b r a h a m o f I l o v i g o to R. M e i r o f Padua i n K u p f e r , 'R. A b r a h a m o f R o v i g o ' , A d d e n d u m 5. See S. Simonsohn, ' T h e Scandal o f the T a m a r i - V e n t u r o z z o D i v o r c e ' ( H e b . ) , Tarbiz, 28 (1959), 38778¬ See S. Simonsohn, I n t r o d u c t i o n to M o d e n a , Teshuvot Ziknei Yehudah (Jerusalem, 2 9

3 0

3 1

1955), 57-

2. The Rabbi in the Community Structure

109

A n d i f your honour believes that the leadership belongs to the Ashkenazim, and that God has withheld honour from the Italians and the Levantines and the Ponentines, heaven forfend . . . for one who says such things does not know the nature o f the world . . . for these things do not depend upon climate and locale, but upon one's heart being filled w i t h the spirit of wisdom, knowledge and intelligence, accompanied by good character and the fulfillment of the commandments, for by righteousness shall a king reign and a rabbi rule . . . 3 2

Saltaro

d i d not

mandments—that

only

allude

is, t o

to

the

Orthodox

fulfilment

o f the

practice—for

the

r h e t o r i c . D u r i n g t h e course

o f t h e same c o n t r o v e r s y ,

announced

day

' o n the S a b b a t h

congregation,

by

the servant

com-

sake it

of was

o f the h o l y

i n the c o u r t y a r d o f the g h e t t o , t h a t there

are

Ashkenazic r a b b i s w h o p e r m i t t e d t h e use o f G e n t i l e w i n e , a n d p u b l i s h e d t h e i r decision o n p r i n t e d s h e e t s ' . points

of

friction

we

must

add

the

33

T o these specific

general

atmosphere

c o m p e t i t i o n , c o n t r o v e r s y , a n d scholarly jealousy, b o t h o f t h e w o r l d o f s t u d y i n t h e yeshivot^

of

characteristic

a n d o f Renaissance

I t a l y . F r e q u e n t l y , i n the w o r d s o f one or another o f t h e sages i n v o l v e d i n t h i s c o n t r o v e r s y , ' i t was clear t h a t one s k i l l f u l l y . . . passed a camel t h r o u g h the eye o f a n e e d l e ' . appear

t o have h a d a decisive

35

T h e s e events

effect u p o n the erosion o f t h e

personal a u t h o r i t y o f t h e rabbis i n t h e c o m m u n i t y . D u r i n g t h i s same p e r i o d — t h a t is, d u r i n g the years f o l l o w i n g the generation o f R. J u d a h M i n z — c o m m u n a l organizations began t o take shape i n m o s t o f t h e c o m m u n i t i e s o f n o r t h - c e n t r a l I t a l y .

3 6

T h e s e t w o factors seem t o have been decisive i n b r i n g i n g a b o u t a n d i n shaping t h e i n s t i t u t i o n o f t h e c o m m u n i t y - a p p o i n t e d r a b b i ; the c r y s t a l l i z a t i o n o f the c o m m u n a l o r g a n i z a t i o n , together w i t h J . Saltaro, Mikveh Yisra'el (Venice, 1607), 9a. These things appeared i n a broadsheet published by R. Moses K o h e n P o r t o o n 13 T a m m u z , 5368 (1608), a copy o f w h i c h has been preserved i n the Jewish N a t i o n a l L i b r a r y ; see Y a a r i , ' T h e Controversy i n Reggio', 4 2 0 - 9 . T h e great a u t h o r i t y relied u p o n by R. A b t a l y o n d i Consilio ( w h o m they mocked b y saying that he was 'strict about water and lenient concerning w i n e ' ) as ' p e r m i t t i n g G e n t i l e w i n e ' was no less t h a n R. Samuel J u d a h Katzenellenbogen, the son o f R. M e i r o f Padua. See Y a a r i , ' A n U n k n o w n D o c u m e n t ' , 424. 3 2

3 3

3 4

See Ben-Sasson, Hagut ve-Hanhagah,

173-8.

R. P o r t o ha-Kohen's w o r d i n g i n his ' T e s h u v o t ' , M S Jerusalem H e b . 8 3904, sect. 4, is based u p o n the phrase used i n the T a l m u d , Berakhot 55b. I t is certainly n o t an insignificant fact that this responsum deals w i t h a controversy i n w h i c h R. Eli'ezer Ashkenazi was i n v o l v e d ! See I n t r o d u c t i o n . 3 5

3 6

t 0

j . The Community-Appointed

n o

Rabbi

the erosion o f the r a b b i s ' personal a u t h o r i t y , b r o u g h t a b o u t a definite tendency leadership

towards

the creation o f models

o f rabbinic

based u p o n office, personal charisma alone

insufficient.

37

seeming

T o these we m a y perhaps also a d d the influence o f

the i n s t i t u t i o n o f the ' T o r a h T e a c h e r ' (marbiz

Torah),

brought

b y t h e Spanish exiles f r o m t h e i r l a n d o f o r i g i n . A s we shall see later, certain elements b e l o n g i n g

to the office

of community-

a p p o i n t e d r a b b i m a y have been b o r r o w e d f r o m t h a t i n s t i t u t i o n .

3 8

T h e process w h i c h b r o u g h t a b o u t the creation o f the office o f c o m m u n i t y r a b b i also l e d , b y its very n a t u r e a n d character,

to

p u b l i c i n v o l v e m e n t i n the creation o f this n e w m o d e l o f leadership, as

the source o f the a u t h o r i t y w h i c h created

the office

a p p o i n t e d those w h o occupied i t . A concrete expression

and

o f the

change i n this respect m a y be i n f e r r e d f r o m the phrases used d u r i n g the p e r i o d f o l l o w i n g R. J u d a h M i n z ' s death i n r e l a t i o n to the a f o r e - m e n t i o n e d

ordinances

issued b y h i m a n d b y

his

followers i n Padua. R. A z r i e l D i e n a , w h o l i v e d d u r i n g the p e r i o d o f the t r a n s i t i o n was very precise i n his w o r d i n g i n 1519.

He

w r o t e to R. Judah's son, R. A b r a h a m M i n z , t h a t the ordinances were issued ' i n Padua, b y the great oak, y o u r father o f blessed m e m o r y , i n the c o m p a n y o f great m e n a n d m e n o f d e e d s ' .

39

When

these same rules were r e i n t r o d u c e d i n t h e state o f M o n t f e r r a t i n 1571, they were referred t o as an o r d i n a n c e 'made b y the people o f the h o l y congregation o f Padua and b y the m e m b e r s o f the yeshivah t h e r e ' .

4 0

I n a d d i t i o n , the o r d i n a n c e o f M o n t f e r r a t itself,

a l t h o u g h p r o m u l g a t e d b y the r a b b i s , was r a t i f i e d b y the elected leaders (Va'ad ha-Medinah)

o f the s t a t e :

41

there 'the perfect sages

D u r i n g the period o f t r a n s i t i o n f r o m one period to another, the rabbis frequently attempted to exploit the new situation i n order to strengthen their personal a u t h o r i t y t h r o u g h this office, on the basis o f the argument that a c o m m u n i t y w h i c h appointed a r a b b i placed itself i n a situation o f permanent subjugation to his r u l i n g s , even f o l l o w i n g the period o f his contract, analogous to the relation o f disciples t o their teacher. T h e entire first section o f Messer L e o n ' s treatise Kevod Hakhamim is devoted to this argument, w h i c h is characteristic o f those rabbis w h o grew u p i n the w o r l d o f the Ashkenazic yeshivot d u r i n g the period p r i o r to the crystallization o f the office o f the c o m m u n i t y - a p p o i n t e d r a b b i , w h o subsequently encountered this office i n the w o r l d o f Sephardic Jews, where i t had for some t i m e been f u l l y shaped (as we shall see f u r t h e r ) , and attempted to enjoy the best o f b o t h worlds. I n n o r t h - c e n t r a l I t a l y itself, when this office sprang u p and took shape, i n a manner w h i c h we shall see, arguments similar to those o f R. D a v i d Messer L e o n are not f o u n d . Cf. C h . 2, end o f Sect. 2. 3 7

3 8

3 9

4 0

4 1

See See See On

C h . 3, Sect. 6. F r e i m a n n , Seder Kiddushin ve-Nisu'in, 132. F i n k e l s t e i n , Self-government, 307; F r e i m a n n , Seder Kiddushin, this c o u n c i l , see Shulvass, Renaissance, 112.

141.

j . Communal

Ordinances

and

Bans

i n

ordained these ordinances and the people of the province agreed'. It therefore seems that those who made ordinances in Montferrat could no longer conceive of a situation in which the rabbis would introduce ordinances outside the framework of the communal organization. They assumed that, just as in their case 'the people of the region agreed' to their ordinance, the ordinances of Padua were likewise issued by 'the members of the community of Padua and the members of the yeshiva there'. We may thus conclude that the generation following R. Judah Minz was one which closed one epoch and opened another, not only in terms of communal organization, but in every aspect of the communal role of the rabbis and the nature of their authority over the public within that framework. 42

3. C O M M U N A L O R D I N A N C E S

AND THE PROMULGATION

OF

BANS

In fact, this new situation actually had its roots in ancient traditions of communal organization. The community's authority to enact ordinances, anchored in one specific Talmudic passage, became accepted as a principle of internal organization. I n that passage, the actual validity of the ordinances is linked to the prior agreement of the 'senior person' ('adam hashuv) of the city. Accordingly, the community's sovereign authority to enact ordination was related to the more general question pertaining to that subordination. The historical questions relevant to this issue, 43

44

45

T h u s the author o f the responsum i n sect. 3 o f M S K a u f m a n n 150 ( I M H M 32246). T h i s m a n u s c r i p t is described by M . M o r t a r a , ' N o t i z i e d i alcune collezioni d i consult! M S S d i r a b b i n i italiani possedute e pubblicate da M a r c o M o r t a r a ' , Mose, 5 (1882), 265 ff.; i n his view, its author is R. Raphael Joseph Treves. 4 2

4 3

Tosefta, Bava M e z i ' a 11: 24-6; B a b y l o n i a n T a l m u d , Bava Batra 8b~9a.

See Y . Baer, ' T h e O r i g i n s and Foundations o f Jewish C o m m u n a l O r g a n i z a t i o n ' ( H e b . ) , Zion, 15 (1950) 1-51; M . E l o n , ' O n the N a t u r e o f C o m m u n a l Ordinances i n Jewish L a w ' ( H e b . ) , Mehkerei Mishpat le-zekher Avraham Rosenthal (Jerusalem, 1964), 1-54; S. T a l , ' T h e H a l a k h i c - L e g a l Principles u p o n w h i c h are based C o m m u n a l Ordinances' ( H e b . ) , Dinei Yisra'el, 3 ( T e l A v i v , 1972), 31-60; M . E l o n , ha-Mishpat ha-Ivri (Jerusalem, 1973), i i . 558-630; S. M o r e l l , ' T h e C o n s t i t u t i o n a l L i m i t s o f C o m m u n a l G o v e r n m e n t i n R a b b i n i c L a w ' , Jewish Social Studies, 33 (1971), 87-119; A . Grossman, ' T h e Relation o f the E a r l y Ashkenazic Sages to C o m m u n a l R u l e ' ( H e b . ) , Shenaton ha-Mishpat ha-Ivri, 4 4

2 ( i 9 7 5 ) , 175-99¬ T h e basis for this c o n d i t i o n Batra 8b~9a. 4 5

has already been seen i n B a b y l o n i a n T a l m u d , Bava

112

j.

The Community-Appointed

Rabbi

as well as the related halakhic discussions, still require extensive study. Further research into this topic is likely to bring out the full significance of the tension between the lay leadership and the Rabbinic scholars within the communities, a tension noted already by Baer in his pioneering study of medieval Jewish communal organization. In the actual shaping of historical reality, there is a natural tendency for this tension to be somewhat blunted, and for a certain equilibrium to emerge between the opposing forces. Only the shifting of the centre of gravity one way or another reveals how tenuous this balance is, as well as its significance for the proper conduct of communal affairs. When R. Isaac Lampronti (1679-1756) wished to cite a precedent for what seemed to him a self-evident, undisputed matter—namely, that 'a decision to excommunicate without the approval of any of the city's rabbis is null and void, even if intended to prevent transgression' — he cited R. Leone Modena's statement in support of his position from the period when the basis of this rule was challenged. Modena's words were uttered in opposition to a certain ordinance issued by the Communal Council of Venice 'under penalty of excommunication' without conferring with the leading rabbis of the community. Modena's statement is one of the few clear sources for the customs and procedures which took shape in the Italian communities prior to the introduction of that specific ordinance in Venice: 46

47

48

A n d I remember that i n my youth, during the lifetime of the three Ge'onim, R. Judah Katzenellenbogen, R. Jacob C o h e n , and R. Avigdor Cividal, the 'Small Council' consisted of twenty princes of the community, including the Ga'on Y. Saraval and other rabbis and haverim. Nevertheless, when they or the community wished to issue any ordinance or pass any decision (parte) which would involve the imposition of a ban of excommunication, they would call the three above-named 49

50

51

See Baer, ' O r i g i n s and Foundations o f Jewish C o m m u n a l Organizations', 38-9 and n . 34. M o r e l l , ' C o n s t i t u t i o n a l l i m i t s ' , 93 n . 56 explicitly refrained f r o m dealing w i t h this question. See, therefore, at present, Elon's remarks, ' O n the N a t u r e o f C o m m u n a l Ordinances', 32-9; i d e m , ha-Mishpat ha-Ivri, 607-14, and index, s.v. *adam hashuv. 4 6

4 7

See L a m p r o n t i , Pahad

Yizhak,

s.v. haskamah

be-herem, and also sect. 2 above and

n . 52. See Simonsohn, Teshuvot Ziknei Yehudah, sect. 78. O n the t e r m 'under penalty o f e x c o m m u n i c a t i o n ' (be-onesh herem), see below, C h . 5, n . 4 1 . I b i d . , I n t r o d u c t i o n , p. 43. 5 ° I b i d . 57. I b i d . 51-2. 4 8

4 9

5 1

j . Communal

Ordinances

and

Bans

"3

Ge'onim for their agreement. A n d whoever w i l l search i n the Communal Register o f that H o l y Community among the agreements made i n those days w i l l find that the decisions {parti) enforced by the threat of excommunication contain the agreement of those three giants, some o f them signed i n their own h a n d . 52

R. Leone Modena's statement is confirmed by another source. R. Jehiel Trabot of A s c o l i

53

stated that a community

is not

allowed to issue any ordinances without the agreement of the city's 'senior person', adding this evidence to his words: I saw this i n the Responsa o f my grandfather, the Ga'on Rabbi Jehiel Trabot [ o f M a c e r a t a ] , and I remember that when I was i n Venice last year I saw the agreement o f the Levantine community on the matter o f the grana, signed by all the members of that holy community, to which were also affixed the signatures o f the Ga*on R. M e i r Katzenellenbogen of Padua and his great son, R. Samuel Judah [Katzenellenbogen], and R. [Meshulam] Kaufmann [ben Shemaiah] and R. Eliezer Ashkenazi. 54

bh

56

I b i d . n o . I n m y o p i n i o n , R. L e o n e Modena's testimony is n o t o n l y restricted to observing the fact that, as the herem was a r a b b i n i c prerogative, they were called u p o n to b r i n g the ordinance i n t o effect after the agreement o f the S m a l l C o u n c i l , as one m i g h t understand f r o m M . Benayahu's comments concerning the agreement o f the sages o f Venice and t h e i r leaders (see M . Benayahu, Haskamah u-reshut be-Defusei Venezia (Jerusalem, 1971), 34 and n . 3). I t may be noted that the p i c t u r e d r a w n here i n the words o f R. M o d e n a differs f r o m that perceived b y R. Isaac L a m p r o n t i , w h o relies u p o n the former: L a m p r o n t i discusses agreement to the ordinance as i f its w o r d i n g were ' w i t h o u t the agreement o f any o f the sages i n the c i t y ' , w h i l e R. L e o n e M o d e n a stresses the need for the agreement o f all the i m p o r t a n t rabbis o f the city. L a m p r o n t i w r o t e at a t i m e w h e n there were already rabbis i n all the c o m m u n i t i e s , w h i l e M o d e n a based h i m s e l f u p o n the situation i n Venice, where there was no appointed r a b b i at the time-—a p o i n t w h i c h w i l l be f u r t h e r clarified. 5 2

See E. Z i m m e r , 'Biographical Details C o n c e r n i n g I t a l i a n J e w r y f r o m A . Graziano's H a n d w r i t t e n N o t e s ' ( H e b . ) , KS 49 (1974), 4 0 0 - 4 4 . R. Yehiel was ordained r a b b i o n 16 A v 1569; see the remarks o f A . Graziano, ' T e s h u v o t M a ' a r v e i N a h a l ' , fo. 2a, w h o was among the students at the yeshivah i n Pesaro (see L a m p r o n t i ' s Pahad Yizhak, s.v. halizah). I n the 1570s he lived i n M o d e n a , where he was considered the 'master o f the c i t y ' (mara de-atra); see J . B o k s e n b o i m (ed.), Teshuvot Matanot ba-Adam, sect. 22. O n the meaning o f the t e r m d u r i n g this p e r i o d , see below, sect. 4 d . 5 3

See E. Z i m m e r , 'Biographical D e t a i l s ' , 443 n . 18. H e took part i n the polemic concerning the e x c o m m u n i c a t i o n issued b y R. Jacob Polak against R. A b r a h a m M i n z ; see S. W e i n e r (ed.), Pesak ha-Herem (Petersburg, 1897), 5. H i s collection o f responsa has been preserved i n a m a n u s c r i p t i n the Jewish N a t i o n a l and U n i v e r s i t y L i b r a r y i n Jerusalem, H e b . 8 194. I do n o t k n o w to what this refers. I t may be that this ordinance concerned the sale or t r a n s p o r t a t i o n f r o m outside the c i t y l i m i t s o f d r y cheeses (formaggi di grana). See M . M o r t a r a , Indice alfabetico (Padua, 1886), 9; o n the rabbis o f Venice at the t i m e o f the T a m a r i - V e n t u r o z z o divorce, see S i m o n s o h n , ' T h e Scandal o f the D i v o r c e ' . O n the title page o f the 1566 Venice e d i t i o n o f the Tur Orah Hayyim, he is referred t o as resh metivta—'the head o f the Academy'. 5 4

t0

5 5

5 6

ii4

3- The Community-Appointed

Rabbi

A l l this is evidence that i t is customary not to make any agreement without the consent of the sages of the city. . . A n d I also remember that when I was i n Ascoli, where there was a great community, for every ordinance of the Council, issued by the people of that community, they would call my father, the Ga'on Azriel T r a b o t , and they would act according to his w o r d . 57

5 8

The stipulation that all the prominent scholars of the city participate in the process of decision-making affecting the promulgation of ordinances was not only an excellent means of criticism for the community, but also clearly expressed the awareness of the need to link these ordinances to the sacrally perceived system of norms incumbent upon them as Jews. However, the fact that the public turned to many rabbis at the time these ordinances were introduced testifies to the fact that none of them had acquired the stature of the 'senior person', possessing the uncontested authority to convey sacral validity upon the decisions of that community. Needless to say, this situation created difficulties in the very process of decision-making. On the other hand, even if a figure were found whom the public would be prepared to accept as a rabbinic authority, how could that community prevent the creation of a set of conditions in which the very functioning of its institutions would be totally dependent upon the decisions of that rabbi? How could the community be assured that the personal limitations of the rabbi would not hinder the proper functioning of its institutions? The institution of the community-appointed rabbi arose out of this complex problematic, its basis being the consciousness of the sovereign authority of the community, which did not decline throughout the Middle Ages. This was well expressed by R. David son of Messer Leon, who quite simply stated that 59

We say that the majority of the people of the city are allowed to do whatever they wish, and no individual or individuals can prevent them. The basis of this . . . is that the majority of the people of the city, are analogous [ i n authority] to the [ancient] Prince w i t h i n all Israel, as R. Solomon ben Adret wrote in brief, without further evidence. 60

5 7

See Z i m m e r , 'Biographical Details'.

Teshuvot Matanot ba-Adam, M S N Y — J T S Rab. 1355, sect. 62. Cf. the remarks o f R. J u d a h M i n z quoted above, Sect. 2. Messer L e o n , Kevod Hakhamim, 9, and at length. Cf. R. Jacob b . Asher, Tur Shulhan 'Arukh, Hoshen Mishpat 2: 1. See also the remarks o f R. B e n j a m i n o f M o n t a l c i n o , Divrei Rivot, 4, w h i c h indicate the acceptance o f this p r i n c i p l e i n I t a l y d u r i n g this period. 5 8

5 9

6 0

j . Communal

Ordinances

and Bans

115

The simplest way of solving the problem of granting sacral force to the decisions of the public was to include a rabbi within the leadership, in the sense of a 'senior person'. I n the light of the problematic outlined above, it seemed appropriate to stipulate in the appointment of the rosh-yeshivah, who was supposed to be the outstanding scholar of the city, an agreement on his part to respond to the public's demand to back its decisions by his power to excommunicate whenever asked to do s o . As we have stated above, this obligation was unambiguously stated in most of the appointments of community rabbis. This situation, implying clear subordination of the rabbi's will to that of the communal leaders, would obviously have posed difficulties for the rabbis under all but very special circumstances. It was therefore necessary that the appointment be understood as leaving the rosh-yeshivah his status as a 'senior person', notwithstanding his explicit subjugation to the will of the community. This depended upon such factors as the specific personality of the rabbi concerned and his own self-esteem, the existence of a yeshivah which the community rabbi could influence by his appointment as a rosh-yeshivah, the presence in the city of other rabbis and their own self-image in relation to the appointed rabbi, the size of the community doing the appointing, and the degree of its homogeneity. These not only determined the status of the appointed rabbi within the community, but even made possible the very appointment itself. The 'ideal' conditions for the crystallization of a reality such as that outlined here would emerge in a place where there were no outstanding scholars apart from the community rabbi, in which the community was homogeneous, and in which the personality of the rabbi chosen allowed him to accept the obligation to impose the ban at the community's request without arousing in him a feeling of loss of independence and subjugation to the community. 61

T h i s o b l i g a t i o n freed the p u b l i c and the r a b b i alike f r o m the danger o f paralysis, should the r a b b i lack the self-confidence r e q u i r e d i n order to take a definitive stand o n one o f the questions u n d e r consideration. O n the other h a n d , i t is clear that i f there was a conflict between the demands o f the c o m m u n i t y and the rabbi's conscience, the r a b b i had no o p t i o n b u t to resign his position, as he saw h i m s e l f as prevented f r o m f u l f i l l i n g the afore-mentioned o b l i g a t i o n . H e r e we see, f r o m another perspective, the need for a delicate balance between the wishes o f the p u b l i c and the rabbi's w i l l , referred to above i n connection w i t h the situation outside the c o m m u n a l organization. T h r o u g h o u t the period under discussion, we do n o t k n o w o f even one case i n w h i c h a c o m m u n i t y - a p p o i n t e d r a b b i i n fact resigned o n grounds o f conscience. See below, Sect. 4c, near the end. 6 1

n6

3. The Community-Appointed

Rabbi

4. L O C A L C O N D I T I O N S A.

Verona

Conditions of the sort mentioned appeared during the first half of the sixteenth century in Verona, a small community with a homogeneous Ashkenazic population. Throughout the long period following the appointment of R. Johanan as community rabbi, there were no other rabbis in this community who exceeded or even equalled him in scholarly expertise. 62

63

64

6 2

T h e demography o f I t a l i a n Jewry d u r i n g the 15th and 16th centuries has n o t yet

been p r o p e r l y studied; even general guidelines for dealing w i t h this question have n o t yet been set. F o r example: the great m o b i l i t y o f merchants and bankers introduces an element o f uncertainty i n t o the general p i c t u r e , even i n those cases where we are able to establish more or less exact numbers on the basis o f w h a t is w r i t t e n i n the c o m m u n a l registers. Considerable data concerning the demography o f I t a l i a n J e w r y has been gathered by A . C. H a r r i s , ' L a demografia del ghetto i n I t a l i a , 1516-1797 circa', RMI

33 (1967),

Supplement. Regarding Verona, i t is generally assumed that there were more than 400 people there at the end o f the 16th century; see S. W . B a r o n , ' T h e Controversy o f the C o m m u n i t i e s o f Verona according to the Responsa o f R. M o r d e c a i Bassan' ( H e b . ) , Sefer ka-Yovel

le-Shmuel

Krauss

(Jerusalem, 1937), 217-54; Shulvass, Renaissance,

16; H a r r i s ,

op. c i t . T h i s n u m b e r however seems somewhat exaggerated. I n the assessments f r o m the years 1587, 1590, and 1592 (see 'Pinkas h a - K e h i l l a h b i - V e r o n a ' , i i , M S Jerusalem N a t i o n a l L i b r a r y , H e b . 4'° 552, fos. 156a, 166, 171b-172a), the n u m b e r o f those registered d i d n o t exceed 55 'couples' (i.e. f a m i l y units); one m u s t f u r t h e r take i n t o account that these 'couples' i n c l u d e d w i d o w s and i n d i v i d u a l s w h o had n o t yet established a household (each w i d o w was counted as h a l f a couple, as was every self-supporting son l i v i n g i n his father's household). O n the other h a n d , the list d i d n o t include those w h o d i d n o t pay taxes. M o r e o v e r , i n the list o f the seats o f the m e n and w o m e n i n the synagogue at the end o f the century ( i b i d . 149a, 173b) the total n u m b e r does n o t exceed 180, apart f r o m those youths w h o sat together w i t h their teachers, whose n u m b e r is n o t noted. A m o n g the documents f o u n d i n the Venetian archives, there is an assessment for 1589 o f 26 families (some 225 Jews), and for 1599 o f 33 families (about 300 i n d i v i d u a l s ) ; another assessment for the year 1600 increases the n u m b e r to 60 families, t o t a l l i n g some 400 i n d i v i d u a l s . See B. P u l l a n , Rich and Poor in Renaissance

Venice ( C a m b r i d g e , Mass., 1971), 547. I f we add

these facts to w h a t follows f r o m the c o m m u n a l register, i t w o u l d appear that the Jewish p o p u l a t i o n o f Verona fluctuated between 200 and 300 i n d i v i d u a l s d u r i n g the 16th century, and was closer to the f o r m e r than to the latter. See S. S i m o n s o h n , ' T h e C o m m u n a l Registers o f Verona' ( H e b . ) , KS 35 ( i 9 6 0 ) , 128, 6 3

133¬ A p a r t f r o m R. Johanan and his son-in-law, R. Yo'ez ( w h o i n h e r i t e d his position), most o f the lists o f those assessed d u r i n g this p e r i o d make no m e n t i o n o f other ordained rabbis. See 'Pinkas Verona' i , M S Jerusalem N a t i o n a l L i b r a r y H e b , 4 555: lists for 1545 (fos. 3b-4a), 1554 (27a-b), 1558 ( 4 6 ^ 4 7 3 ) , 1560 (520-533). T h e list for 1547 mentions R. Jacob (referred to as he-Haver and n o t as Morenu ha-Rav\), evidently a y o u n g person w h o i n the course o f t i m e became the son-in-law o f R. Yo'ez ( i b i d . 150b). T h e list for 1549 ( i 5 a - b ) refers to he-Haver Seligmann: i f he is identical w i t h the one m e n t i o n e d i n earlier lists as Seligmann, t h e n he m u s t have just t h e n been granted the title o f Haver. I t may be that this i n d i v i d u a l was R. Seligman Hefez, w h o afterwards moved to Cremona (see M . Benayahu and J . Laras, ' H e a l t h Officials' ( T e l A v i v , 1973), 6 4

t 0

(sb-6a)

4. Local

Conditions

117

The requirement that the rabbi issue ordinances at the community's request was explicitly stated in his appointment. T h e language of the first appointment document—'that the rabbi will be required to enact or to excommunicate at the request of the parnassim*—still allows for the interpretation that the rabbi was also free to promulgate ordinances at his own initiative without the agreement of the lay leaders, although this is not necessarily the case. I n any event, over the course of time, perhaps in the wake of certain incidents whose details have not come down to us, this theoretical possibility of misunderstanding was removed. T h e appointment from 1557 states explicitly that: 'He has not the right to make edicts or to ban or to punish without the agreement of the parnassim? This does not imply a deterioration in the position of the rabbi in Verona. We must consider this statement in the light of the ordinance adopted at the 1554 Communal Synod in Ferrara, in which all rabbis were proscribed from imposing excommunication without the permission of the community rabbi. We may thus conclude that, by the middle of the century, the authority to impose bans by means of the appointed rabbi was in practice recognized as belonging to the lay leadership. The afore-mentioned statement in the 1557 document from Verona must then be seen in terms of its strengthening the structure of the communal lay leadership in Verona, rather than as part of the decline in the status of the rabbi. 65

m

67

68

81 n . 10). H o w e v e r , one may still argue that that there were other rabbis w h o were n o t included i n the list o f those assessed because they d i d n o t pay taxes. Such an a r g u m e n t seems to me improbable, because the e x e m p t i o n f r o m taxes was evidently not even granted to the c o m m u n i t y - a p p o i n t e d r a b b i u n t i l the t e r m o f R. A b r a h a m M e n a h e m P o r t o h a - K o h e n i n 1584. I n any event, those taxes w h i c h were imposed o n the basis o f assessment by couples, were also paid by R. Yo'ez, the heir o f R. Johanan, together w i t h the other r a b b i w h o joined the c o m m u n i t y i n his day, R. E p h r a i m — i f to a lesser degree than the other members o f the c o m m u n i t y . See, for example, 'Pinkas V e r o n a ' i i . 8oa: ' A n d R a b b i E p h r a i m and I myself, Yo'ez, w i l l pay that t h i r d , as m e n t i o n e d , according to the assessment imposed on every couple.' Once this R. E p h r a i m had joined the c o m m u n i t y , the members o f the c o m m u n i t y included h i m , alongside R. Yo'ez, i n special and sensitive functions: he was a m o n g those w h o participated i n the tax assessments, together w i t h R. Yo'ez ( i b i d . 62b and compare 63a, 70a), and there was imposed u p o n h i m , together w i t h R. Yo'ez, the task o f establishing whether a given i n d i v i d u a l was to r e m a i n i n his position to deal w i t h matters o f orphans, even t h o u g h he was not chosen to be a collector o f charity ( i b i d . 80b). 6 5

6 6

6 7

funds

T h e r e is no such ordinance i n the Verona M i n u t e Books for that year. See I . Sonne, 'Basic Premisses', Kobez 'al Yad 3 [13] (Jerusalem, 1939-40), 168. See C h . 3, Sect. 1. 68 See Sect. 5.

n8

j . The Community-Appointed

Rabbi

Despite the rabbi's subjugation to the lay leadership in the matter of bans, the activity of the rabbi in the small community of Verona clearly exerted influence upon the community leadership, thanks both to the special conditions which applied there and to the personality of R. Johanan. He participated in determining with the assessors the levy payments incumbent upon the various members of the community, and judged appeals concerning these assessments in tandem with two appointed arbitrators. It was explicitly stated in that decision, that this was only because 'the Ga'on R. Johanan is acceptable to everyone'. Understandably, he also participated with the lay leaders charged with the distribution of stipends to the yeshivah students. He was raised above the community by the fact that certain ordinances did not apply to him, such as the peculiar ordinance concerning the special garment which those who officiated in the synagogue as cantor had to wear. On one occasion, the Small Council (Vaad Katan) of Venice appealed to him with the request that he select two representatives of the community for a meeting in the capital on an important and confidential matter. More than anything else, it was stressed in the Communal Register that major ordinances required his agreement, particularly when it appeared that these ordinances pertained to various subjects of conflict and controversy within the community, such as the ordinance 'that one is not to open a store . . . until the end of U-va le-Zion [i.e. the final 69

70

71

72

73

prayer 6 9

in the

Daily

'Pinkas V e r o n a ' i . 21a.

Morning 7 0

Service

of the

synagogue]*.

I b i d . i . 52b. See also i b i d . i i . 26b.

7 1

1

A

He

I b i d . i . 48b.

I b i d . i i . 41a. T h e w o r d i n g o f the ordinance is: ' [ O n Sunday, the 7 t h day o f M a r h e s h v a n 5317 (1557)], a parte was proposed by the three parnassim above m e n t i o n e d and o n the part o f the G a ' o n R. Johanan, the head o f our C o u r t (av bet din) that those leaders {parnassim) should have the a u t h o r i t y to have a mantle made as they see f i t , and that mantle w i l l be w o r n by whomever goes before the A r k [i.e. acts as cantor] to pray, apart f r o m that Excellent R a b b i (Ga'on), w h o is the permanent cantor, w h o may pray i n his customary clothing. A n d the m o n e y w h i c h the leaders shall collect i n order to make that mantle may be taken f r o m whomever they wish, and whoever stands u p to pray w i t h o u t that garment w i l l pay a fine to charity, one scudo for each t i m e that he w e n t u p [i.e. prayed w i t h o u t i t ] . T h e parte was u n a n i m o u s l y approved.' O n the special garment w o r n by the one officiating as cantor, see also C a r p i (ed.), Medabber Tahapukhot (1912), 174. O n the t e r m , 'head o f the c o u r t ' , see i m m e d i a t e l y below. 7 2

'Pinkas Verona', i i . 37a. T h i s i n f o r m a t i o n was published by Sonne (ed.), mi-Pavlo ha-Revi'i 'ad Pius ha-Hamishi, 149-50, w h o also speculated o n the possible nature o f the confidential matter. 'Pinkas V e r o n a ' , i . 47a. F o r a p h o t o - r e p r o d u c t i o n o f this page, see R. B o n f i l , Autonomous Leadership in the Jewish Communities of Italy in the 15th and 16th Centuries; A Sourcebook' ( H e b . ) , (Jerusalem, 1974), 78. 7 3

7 4

4. Local

119

Conditions

sometimes took the initiative to present the text of decisions to be voted on for adoption to the Assembly, and towards the end of his life he headed a group of people who proposed the text of all community decisions. This procedure, which at the time R. Johanan was no more than a customary practice shaped by the force of the rabbi's personality, became a fixed procedure in specific cases by the time of his heir, R. Y o ' e z , a fact clearly indicative of the substantial change which had occurred in the standing of the rabbi. Not only was his agreement required in advance, but he himself, at least formally, proposed ordinances. We may conclude from this that the situation of the community of Verona is correctly reflected in the expressions which the community used in its documents of appointment, where it was stated, for example, that 'we accept and take upon ourselves as our head, as a prince and judge and teacher, the Ga'on R. Johanan'; or 'that he may be for us a master and prince and judge'; or 'to appoint upon us the Ga on R. Menahem Katz . . . as a head and a leader'; 'to be a prince' and the like. As we shall see, the absence of expressions of this sort in other appointment documents was particularly significant and fully understandable in the light of the variety of historical situations in the different communities. In the case of Verona, it was even possible to project the authority implied in the title 'head of Court' or 'senior judge' (av bet-din), which usually was given ex officio to the rosh-yeshivah, 75

76

77

78

79

80

9

81

82

7 5

e.g. arrangements p e r t a i n i n g to the cemetery; see 'Pinkas Verona', i i . 29a.

7 6

I b i d . i i . 32a,

33a.

I b i d . 98b. See the f o r m u l a o f the decision: 'As a controversy has arisen among the members o f the c o m m u n i t y regarding w h o are entitled to propose parti [i.e. proposals for voting], even t h o u g h the arrangement has always been that the lay leaders {parnassim) propose the parti to the congregation i n all matters p e r t a i n i n g to the c o m m u n i t y , there are nevertheless those people i n the c o m m u n i t y w h o say that a new situation has arisen i n the congregation concerning matters o f taxation and levies, that therefore people f r o m w i t h i n the c o m m u n i t y o u g h t to be chosen w h o k n o w h o w to deal w i t h and arrange such matters, w h i l e others say that, as the parnassim have u n t i l n o w been those to propose all parti t o the c o m m u n i t y , they s h o u l d continue to do so. I n order to u p r o o t the seed o f controversy, I , [ R a b b i ] Yo'ez propose a parte to the holy congregation, that three m e n be chosen f r o m the congregation to formulate the proposal, even t h o u g h the arrangement u n t i l n o w has been that the leaders are the ones to propose the parte, as the new matter o f the taxation has come u p . A n d the t h i n g shall be d e t e r m i n e d by the majority. T h e proposal was passed, 18 for, 8 against.' ('Pinkas V e r o n a ' , i i . 98b. P r i n t e d as D o c u m e n t 3 1 , p. 246, i n the H e b r e w e d i t i o n o f this book.) e.g. i b i d . 64b, 65b. 7 7

7 8

7 9

I n the appointments o f 1539 and 1542.

8 1

I n the a p p o i n t m e n t o f 1586.

8 0

8 2

I n the a p p o i n t m e n t o f

I n the a p p o i n t m e n t o f

1592.

1549.

120

j . The Community-Appointed

Rabbi

outside the context of the yeshivah. It seems more than mere coincidence that, once the community began to refer to the appointed rabbi as 'head of Court', beginning in the year 1 5 5 5 , they ceased to include expressions indicative of judicial authority within the appointment, such as we have already noted. As we shall see further (in Chapter 5), a situation of considerable disorder reigned in the internal judicial system of the Italian communities towards the end of the sixteenth century. The dependence of judicial arrangements upon arbitration made it impossible for the rabbi's status to be strengthened by his position as 'head of a court', which might derive its authority from that of an institutionalized, fixed rabbinic court. Nevertheless, once the community of Verona had decided in 1545 that the rabbi and two lay leaders either judge or appoint judges to serve as arbitrators in those cases where the litigants did not reach agreement concerning the appointment of arbitrators within twenty-four hours, we find that R. Johanan, who had not yet been designated as 'head of Court', became in effect the only permanent judge in the city. Both by dint of his scholarly expertise and his standing as rosh-yeshivah, R. Johanan was superior to the two lay leaders, so that he became de facto head of the court, even if he was not referred to by this term until close to the end of his life. From then on, the title was inherited by those who succeeded him in this post. Notwithstanding, during the period under discussion, the title 'head of Court' carried no practical significance beyond the yeshivah context. On the contrary, the impression received is that the title is little more than an honorific affixed to that of the rosh-yeshivah, possibly under the influence of the Ashkenazic style in north-central Italy, and certainly as a result of the scholarly atmosphere in the yeshivot. It was, in short, an acknowledgement of the fact that the rosh-yeshivah was regarded as the highest religious authority within the community, even if this bore no practical consequences regarding the legal 83

84

85

86

87

8 3

See Sonne, 'Basic Premisses', 167, and the appointments f r o m 1557 on.

I b i d . 158. I t follows f r o m this that Sonne was correct i n arguing that this points to the strengthening o f the status o f the c o m m u n i t y r a b b i ( i b i d . 167). O n the significance o f the title 'head o f the c o u r t ' i n Poland d u r i n g the 16th and 17th centuries, see Ben-Sasson, Hagut ve-Hanhagah, 163-4. See also M . Breuer, ' T h e Status o f the Rabbinate i n the Leadership o f Ashkenazic C o m m u n i t i e s i n the 15th C e n t u r y ' ( H e b . ) , Zion, 41 (1976), 47-67. See C h . 1, Sect. 8. 8 4

8 5

8 6

8 7

4. Local

121

Conditions

arrangements and internal organization of the communities. When R. Isaac de Lattes was invited to be a rosh-yeshivah in Pesaro in 5 5 7 > h was also offered the title 'head of Court'; however, the wording of the document suggests that this title was no more than a synonym for rosh-yeshivah. This being so, in those places where there was no yeshivah or judicial court, the term 'head of Court' had no concrete meaning. Another proof of this may be seen in R. Abraham ha-Kohen of Bologna's letter to R. Abraham Minz, in response to the latter's use of the title 'head of Court' in reference to R. David of Pizzighettone: 'And you crown him with a crown which it is not yours to give to any man, namely, the title "head of Court", so that it is implied . . . that you consider yourself as the Prince.' At the time of writing, there was no yeshivah in Ferrara. Thus, the community which held in its hands the authority of 'the prince' had not appointed R. David of Pizzighettone as rosh-yeshivah. Therefore, according to R. Abraham ha-Kohen, this title was totally unsuitable to him! We may thus conclude that there emerged in Verona, against the specific background of this community, a trend to create, from the combined roles of the rosh-yeshivah and 'head of Court', a model of a community rabbi required to implement measures of excommunication at the request of the community. This innovation had the appearance of an organic development, and did not detract from the status of the community-appointed rabbi. However, as we shall clearly see, such a development was prevented in other communities, in which prevailed conditions different from those in Verona. 1

88

e

89

90

B.

Casale

Montferrat

Similar, but not identical, conditions to those in Verona existed at the end of the sixteenth century in the town of Casale in the district of Montferrat. Although its Jewish population was then only about 2 0 0 , this included a number of ordained rabbis, in 9 1

8 8

See F r a n k e l , ' T h r e e L e t t e r s ' p. 14.

See Pesakim (Venice, 1519), 30b. See above, Sect. 4. See S. Foa, Gli ebrei nel Monferrato nei secoli XVI e XVII (Alessandria, 1914; repr. Bologna, 1965), 68. T h i s n u m b e r i n d i r e c t l y confirms m y conclusion regarding the size o f the Jewish p o p u l a t i o n i n Verona (see above, Section 4), as i n Casale there were also 40 families at the end o f the 16th century ( i n the assessment for the year 1592 appearing o n p. 14 o f the 'Pinkas K e h i l l a h K e d o s h a h be-Casale', M S i n local c o m m u n i t y archives (below: 'Pinkas Casale'), there are 41 couples listed, w h i l e i n the previous l i s t i n g , f r o m 1590, there are 32 c o u p l e s — i b i d . 9. 8 9

9 1

9 0

122

j . The Community-Appointed

Rabbi

addition to the community rabbi. The degree of homogeneity of this community is uncertain: it is difficult accurately to assess the tradition according to which the majority of its Jewish inhabitants were Spanish exiles; indeed, a cursory glance at the list of its inhabitants from the end of the sixteenth century clearly indicates the presence of some Ashkenazic elements. It is possible that from these sprang the opposition of six out of twenty-four electors to the appointment of R. Abraham Provenzali as rabbi. I n any event, even if the written appointment describes the task of the communal rabbi in a neutral way, reflecting a particular tradition, the very contents of this document reflect a profound difference between the position of the rabbi in Casale and that in Verona. Especially noteworthy are the stress laid upon the rabbi's obligations and the restrictions imposed upon h i m , as well as the fact that, apart from the honorific titles of ha-Ga'on and 'head of Court', there was not even a rhetorical reference to any major position of leadership and authority due to him. His name is not even listed with those of the lay leaders (parnassim) who selected arbitrators in those cases where the 92

93

94

95

96

97

98

I n the year 1592, R. Moses K a t z Rapa and R. K a l o n y m u s Pavia are listed i n the tax assessment. T o these should be added the haverim Jacob Segre, M e n a h e m C h i z i g h i n , S h l o m o K a t z ('Pinkas Casale', 14); the same is true o f the order o f evaluation f r o m the year 1596 ( i b i d . 18). 9 2

See Foa, Gli ebrei nel Monferrato, 7. See the list o f 24 heads o f families w h o signed the a p p o i n t m e n t o f R. A b r a h a m Provenzali i n D o c u m e n t 23 i n the H e b r e w edition o f this book, p. 242. M o s t o f these are bankers, for w h o m see Foa, Gli ebrei nel Monferrato, index, as well as R. Segre, Gli ebrei Lombardi nel?eta spagnola ( T u r i n , 1973). 9 3

9 4

9 5

See the first a p p o i n t m e n t , cited here i n A p p e n d i x 3.

A p p . 3: ' [ T h e y ] w i l l come to an agreement w i t h R a b b i A b r a h a m Provenzali son o f R. D a v i d to be r a b b i and teacher o f the congregation, and u p o n h i m [is imposed] the office and the b u r d e n o f this people, as has been u n t i l n o w the lay for any r a b b i and sage i n Israel . . . ' 9 6

See especially the a p p o i n t m e n t for the year 1599: ' A n d he w i l l be r e q u i r e d to arrange and to ordain . . . concerning everything that w i l l be needed, even concerning the choice o f the judges . . . on c o n d i t i o n that he does not make arrangements i n m o n e t a r y matters, except w i t h the agreement o f t w o leaders (parnassim). . .' I n the a p p o i n t m e n t f r o m 1600: ' W i t h an absolutely f i r m c o n d i t i o n , that he does n o t make any arrangements 9 7

for the members o f the congregation concerning m o n e y matters except w i t h the agreement o f t w o leaders (parnassim).'* I s this n o t a clear h i n t o f the tension between the rabbi's desire to expand the scope o f his a u t h o r i t y i n the choice o f judges (see Chapter 5) and the c o m m u n i t y ' s desire to r e i n h i m in? I t is u n f o r t u n a t e that we do n o t have at present any additional d o c u m e n t a t i o n concerning the nature o f this tension. E v e n the titles ha-Ga'on (Excellent R a b b i ) and rav av bet-din ( R a b b i , H e a d o f C o u r t ) do n o t accompany the name o f the r a b b i u n t i l after a certain p e r i o d o f t i m e , some ten years after the first a p p o i n t m e n t . 9 8

4. Local

123

Conditions

litigants were unable to come to an agreement as to the appointment of specific individuals." The rabbi is likewise not listed among the tax assessors, nor included among those who formulate proposals for the community. Not only do we find no indication in the community pinkas (minute book) that his agreement is required for the introduction of ordinances, even those entailing the imposition of a ban, but it would appear that the rabbi had no impact whatsoever in this area. A typical example of this occurred with the introduction in 1540 of sumptuary laws (pragmatica), when the community was divided as to whether or not to impose the ban upon those who violated them. A decision was reached by a slender majority of 13 to 11, the rabbi's opinion on this issue not having been mentioned, even obliquely, despite the fact that he sat, together with two lay leaders, on the court which judged criminals and imposed fines upon t h e m . I n any event, his obligation to 'enact' seemed self-evident from the very definition of his task. The 1599 appointment leaves no doubt in this matter: 'he shall be required to arrange and to decree, with the necessary permission, as the rabbi of the holy congregation, as in olden days'. 100

101

102

This does not mean to imply that the rabbi was not accepted by the community. He was charged with various sensitive tasks (such as the resolution of a dispute concerning burial plots in the 'old cemetery'), reflecting a positive attitude and feelings 103

T h e procedure to be followed i n such cases is described i n the Casale C o m m u n a l Record Book; cf. D o c u m e n t 53, pp. 275-6, i n the H e b r e w edition o f this book. 9 9

See 'Pinkas Casale', 12—decision concerning the a p p o i n t m e n t o f assessors f r o m the 2nd I n t e r m e d i a t e D a y o f Sukkot, 5353 [1593], and p. 16—decision f r o m 29 Shevat 5 3 5 ° [1596]. T h e fact that, alongside the first decision, i t is stated that the members o f the c o m m u n i t y d i d not succeed i n a p p o i n t i n g a d e p u t y assessor, is deserving o f special note: ' O n that n i g h t they voted o n different people i n order to appoint the d e p u t y assessor, and none was elected.' T h i s indicates the intensity o f social tension w i t h i n this small c o m m u n i t y . Nevertheless, the r a b b i o f the c o m m u n i t y is not described as 'acceptable to every m a n ' (cf. Sect. 4a). 1 0 0

See 'Pinkas Casale', 4-5. F o r the H e b r e w version o f the decision and o f the pragmatica, see B o n f i l , 'Self-government', 70-4. T h e I t a l i a n translation o f R. A b r a h a m Provenzali, together w i t h the approval by the duke, was p u b l i s h e d by Foa a m o n g the appendices at the end o f Gli ebrei, 183-9. 1 0 1

i.e. w i t h the permission o f the r u l i n g authorities. See the discussion at the b e g i n n i n g o f C h . 5, Sect. 2. I n this dispute, those w i t h established claims (fyazakah) to certain b u r i a l plots demanded r e i m b u r s e m e n t f r o m the heirs o f those w i t h o u t such claims w h o had already been b u r i e d there. See 'Pinkas Casale', 9. T o this should be added what has already been said concerning his task p e r t a i n i n g to j u d g i n g those w h o violated the pragmatica. 1 0 2

1 0 3

124

3- The Community-Appointed

Rabbi

of respect. However, generally speaking, one may say that the communal rabbi's status in Casale was quite different from that in Verona. The fundamental reason for this was the absence there of a yeshivah. I n the absence of a yeshivah in Casale, the rabbi was not automatically considered a rosh-yeshivah—a point which clearly had a deleterious effect upon his status in relation to the other rabbis of the town. This hindered the natural development of a communally appointed rabbi who was also rosh-yeshivah, whereby the title 'head of Court' might signify real judicial power within the four walls of the yeshivah, whence his leadership might spread even in the absence of a permanent court. Thus, without the presence of a rabbinic Court, the title of 'head of Court' was equally meaningless. C.

Padua

It seems appropriate to discuss the situation in Padua at some length, as a good example both of the particular situation which prevented the creation of autonomous communal courts in the Italian communities during the sixteenth century, and of the tendency mentioned previously, of making the authority to impose excommunication contingent upon the contents of the office and the status of the community-appointed rabbi. The communal register does not stipulate the role to be played by the community rabbi. The lay leaders of Padua initially wished the adjudication of bans to be entrusted to the local rabbinic court, whose establishment was announced on the 26th day of Heshvan, 1579 (5340). On that same occasion, the Community Council selected two individuals to 104

105

106

sit i n council w i t h the Ga'on R. Samuel Archivolti (1515-1611), over the course of one year, the three of whom together shall be known as the Court of the Holy Community of Padua, which may issue sanctions against whomever refuses to fulfil any of the laws o f our holy Torah 107

Those who formulated this decision expressed their intention quite clearly. It echoes a variety of ideological concepts indicative O n the degree o f homogeneity o f the c o m m u n i t y , w h i c h was p r i m a r i l y Ashkenazic, as well as the size o f the Jewish p o p u l a t i o n i n that city, see Carpi's remarks i n Pinkas Va'ad Kehillah Kedoshah Padua, 5338-5363, ed. D . C a r p i (Jerusalem, 1974). C h . 5 deals at length w i t h this point. See C h . 2, Sect. 4 and C h . 3, Sect. 3. Pinkas Padua, sect. 47, p p . 9 0 - 1 . 1 0 4

1 0 5

1 0 6

1 0 7

4. Local

Conditions

125

of the wish to create a kind of miniature Sanhedrin whose edicts would be considered 'as if performed by the Great Court of Israel', symbolizing the autonomous rule of the community. Even the formulation of the authority of this institution was decisive and clear, 'as if the judges and rulers were appointed by the Princes of Israel and by the authorities of Venice'. The reference here to the non-Jewish government is intended both to guide the public in its perception of the institution, as well as to define the only limitation on its authority—i.e. 'it is a condition of our words that they not be opposed to our rulers' will . . , ' The purpose of the institution was to improve the world in the kingdom of God—'to impose edicts upon those who refuse to fulfill that which is written in the law of our holy Torah . . . to hear the cry of the oppressed . . .' Further evidence of the community's intention to set up an institution which would express the authority of the rabbi and the institutionalized participation of the communal leadership in this authority is indicated in the choice of judges: alongside R. Samuel Archivolti were R. Abraham Heilpron, the parnas (lay leader) of the community at that time, who held the title of Haver, and R. Simeon Kohen, the scribe and apparently also cantor of the community (although this latter point is not clear). I n order to explain this matter, we must first examine what happened to the Court following its establishment. 108

109

Beginning in 1583, it is recorded in the register of the community of Padua that 'three judges from that holy community' were elected periodically 'to judge all incidents that may occur or already have occurred in that community'. One might thus legitimately argue that these three judges in fact comprised the communal court, and that this court acted continuously from 1579. However, this clearly was not the c a s e . On 25 Tishri 1577, the Padua community decided that the two lay leaders 'would serve as judges in cases involving up to twenty lire between all litigants, following the formula reported on in 110

111

1 0 8

Cf. w i t h w h a t has been said above, at the end o f Sect. 3.

Cf. above, n . 124. Pinkas Padua, sect. 107, p. 140. M y u n d e r s t a n d i n g o f the situation i n the Padua c o m m u n i t y differs o n m a n y details i n this respect f r o m the u n d e r s t a n d i n g o f C a r p i i n his i n t r o d u c t i o n to Pinkas Padua (pp. 4 1 - 5 ) , a p o i n t w h i c h w i l l be evident to the reader w h o compares m y presentation w i t h his. 1 0 9

1 1 1

1 1 0

126

j . The Community-Appointed

Rabbi

the old Register . . . all this was done in December 1 5 5 6 ' . We learn from this that it had been customary to constitute a court of two lay leaders, whose task was to judge disputes involving minor sums—possibly similar to the 'householders' courts' known to us from the Ashkenazic w o r l d . On that same day it was decided, in a separate ruling, that 'the lay leaders will be the judges of the holy community in all things pertaining to the needs of the community and the l i k e ' . The function of these 'community judges' is quite distinct from that of 'judges up to the sum of twenty lire' referred to in the preceding decisioneven if de facto, as a result of the latter decision, both functions were in the hands of the same people, i.e. the parnassim. In what follows, I will attempt to define more closely the difference between the two functions. In the 1579 decision establishing a court, the community was asked to grant it the functions of 'judges of the community', as referred to in the earlier decision (i.e. from 25 Tishri 1 5 7 7 ) . Instead, the community reiterated its original decision concerning the 'judges of the community', at least from 25 Nissan 1 5 8 2 , from which point two judges were chosen each year from among those exempt from payment of taxes for the limited function 112

113

114

115

1 1 6

1 1 7

118

1 1 2

Pinkas

Padua,

sect. 2, p. 68.

See Ben-Sasson, Hagut ve-Hanhagah, 186; J . K a t z , Tradition and Crisis ( N e w Y o r k , 1971), 95-7. T h e difference between Padua, w i t h this court o f lay leaders, and Verona, w h i c h was under the leadership o f a R a b b i n i c C o u r t , ought to be stressed here even t h o u g h i n Verona also the c o u r t o n l y dealt w i t h small sums. These points w i l l be f u r t h e r explained. Pinkas Padua, sect. 3, p. 68. 1 1 3

1 1 4

V e r y soon after, there was felt a need to separate such tasks, and i t was decided 'to make t w o judges o f the c o m m u n i t y . . . i n order that there be no cause for any m a n to say that the c o m m u n a l judges are [also] the assessors', Pinkas Padua, sect. 14, p p . 76-7. 1 1 5

F r o m the language o f this decision, i t seems clear that those w h o f o r m u l a t e d i t wished to remove any suspicion, lest i t be t h o u g h t that the task o f 'judges o f the c o m m u n i t y ' was not to be transferred to the newly established court. I f this were n o t the case, what w o u l d be the meaning o f 'and they shall also be judges i n the c o m m u n i t y ' after i t had been stated that 'the three o f t h e m together w i l l be called the court o f the H o l y Congregation o f Padua'? I t seems to me that the c o n t i n u a t i o n o f the text o f the decision ('and they . . . w i l l attempt to hear the cry o f the poor at least once a week') indicates that the task o f j u d g i n g cases i n v o l v i n g small sums was also meant to be transferred to this court. Nevertheless, the matter requires f u r t h e r study, and Carpi's reconstruction i n the i n t r o d u c t i o n to Pinkas Padua, p. 42, according to w h i c h this task was n o t transferred by this decision to the court headed b y the r a b b i , is also possible. I b i d . , sect. 83, p. 129 and cf. also sect. 107, p. 140. E v e n t h o u g h one o f those elected was the r a b b i appointed f r o m the c o m m u n i t y , they d i d n o t necessarily choose o n l y scholars whose m a i n occupation was religious study; the second judge chosen was a student i n the university (see i b i d . p. 130, n . 10). 1 1 6

1 1 7

1 1 8

4. Local

Conditions

127

of judging 'all those cases concerning the taxation of the community'. We may infer from this that the task of the 'community judges' was to handle appeals concerning matters of taxation, assessments, and other disputes between the community and individuals or groups within it. This is also explicitly formulated in a 1588 decision, in which it was decided 'to appoint three judges to whom every difficult thing will be brought—in matters of the community, between an individual and the community, and between the public, as is customary . . . ' As this was the sole task of the 'community judges', they were appointed for 'the entire period of the valuation, as is customary', and the decision relating to their appointment was again recorded, close to the time specified for the decisions concerning the tax assessment and the choice of assessors. This election took place once every two years, with the exceptions of 1580, when it was decided that the members of the court headed by the rabbi would also serve as community judges, of 1581, for which there are no decisions recorded in the register save some isolated decisions from the end of the y e a r , and of 1594, during which the election of community judges is not mentioned at a l l . 119

120

121

1 2 2

1 1 9

I b i d . sect. 312,

community

p. 231. T h i s specifically states 'between an i n d i v i d u a l and

and between the p u b l i c [bein rabbim

la-rabbint\

as is customary', and

the not

between individuals. 1 2 0

I b i d . sect. 458, p. 297.

1 2 1

I b i d . p p . 42-3 and n . 14.

Cf. i b i d . sect. 14, p. 76 (14 A d a r 5338 [ 1 5 7 8 ] — t h e decision i n sect. 13 concerning assessments was accepted o n 26 Shevat o f that year, p p . 7 4 - 6 ) ; sect. 83, p. 129 (25 Nissan 5342 [ 1 5 8 2 ] — d e c i s i o n i n sect. 79 concerning the assessors was adopted o n 15 Shevat o f that year, p. 127); sect. 139, p. 155 (9 Shevat 5 3 4 4 — t h e decision i n sect. 131 concerning the assessors: 17 T e v e t 5344, p. 152); sect. 244, p. 197 (6 A d a r 5 3 4 6 — t h e decision i n sect. 243, is the r u l i n g o f assessment: the eve o f 6 A d a r 5346, p p . 196-7); sect. 312, p. 231 (4 Shevat 5348—decision i n sect. 308, is the r u l i n g o f assessment: 10 T e v e t 5348, p p . 2 2 7 - 9 ) ; sect. 376, p. 266 (26 T e v e t 5350—decision i n sect. 375, is the r u l i n g o f assessment on the same day, p p . 263-6); sect. 458, p. 297 (21 I y y a r 5352—decision i n sect. 455, is the r u l i n g o f assessment: 7 I y y a r 5352, p. 296); for 5354 there is no m e n t i o n made o f election o f the judges o f the c o m m u n i t y ; sect. 584, p. 340 (1st I n t e r m e d i a t e D a y o f Passover—decision i n sect. 586, is the r u l i n g o f assessment: same day, p. 340). Regarding this same question, I w i s h to indicate that I diverge f r o m the o p i n i o n o f the editor o f the Pinkas that already i n 1590 the r u l i n g that c o m m u n i t y judges were not to be assessors was no longer observed (p. 42). T h e decision i n sect. 394 cited by the editor ( i b i d , n . 11) relates to those w h o assessed the assessors ( w h o i n that particular year t u r n e d o u t to be the judges o f the c o m m u n i t y , for w h i c h reason this decision was accepted ad hoc) and not to the assessors. A similar case occurred i n 1584 (cf. sect. 145, p. 158), b u t o n that occasion the C o u n c i l ' s decision was different f r o m that o f 1590. I n the state c o u n c i l as w e l l , 'judges' were appointed to a similar task, as can easily be seen b y perusal o f the 'Pinkas h a - M e d i n a h ' ( M i n u t e Book o f the Regional C o u n c i l ) o f Padua, conserved i n the Archives o f the Jewish C o m m u n i t y o f that city. See n . 244 below. 1 2 2

128

j . The Community^Appointed

Rabbi

As the 'judges of the community' and the court established by the edict of 1579 were two different bodies, at least from 1582 onwards, they no longer selected two people to join the rabbi of the community, but all judges were elected, the rabbi standing for election to a position in this court, at times being elected and at times n o t . Why did the people of Padua reverse their 1579 decision to draw a distinction between the task of the communal judges and that of the court which they set up in that year? It seems to me that this may have been as a result of the abolition of the court of three headed by the community rabbi. Moreover, I would conjecture that this took place in response to opposition on the part of the government who (as we shall see in Chapter 5) had also opposed the establishment of autonomous Jewish judicial authorities in other Italian cities. Not only is there no trace following 1579 of a court of three headed by the r a b b i , but even the decision referring to the creation of a court headed by the rabbi was not included among other decisions ratified or promulgated in an updating of their decision by the community to 3 Shevat 1 5 8 0 . Thus, the adjudication of minor disputes returned to the lay leadership, while major disputes were adjudicated, by the old method in which each side selected one judge, and these two together selected a t h i r d . Thus, the 123

124

125

126

127

128

C a r p i {Pinkas Padua, 42) sees the question i n terms o f the tension between the lay leaders a n d the r a b b i ' i n everything pertaining t o the division o f tasks between t h e m i n matters o f judgement'. H o w e v e r , the fact is that already i n 1583, t w o years p r i o r to the dispute w i t h the parnassim, the r a b b i was n o t chosen to be one o f the judges o f the c o m m u n i t y ( p . 43 n . 16). W e have already discussed this dispute i n the discussion o f the role o f the herem i n C h . 2, Sect. 4. 1 2 3

T h i s p r o b l e m w i l l be discussed at length i n C h . 5. I t was n o t for n o t h i n g that those w h o formulated the decision o n 26 Heshvan 1579, i n total opposition t o other decisions, emphasized t h e c o n d i t i o n that the words o f t h e decision n o t be 'against o u r rulers i n Venice and the governors o f this city'! 1 2 4

T h e only r u l i n g signed b y R. Samuel A r c h i v o l t i a n d t w o other judges is that f r o m 27 T a m m u z 1582 (Pinkas Padua, sect. 830, p . 457). R. Israel L u r i a a n d R. A b r a h a m H e i l p r o n , w h o were n o t 'judges o f the c o m m u n i t y ' at that t i m e (sect. 83, p p . 129-30), signed there together w i t h A r c h i v o l t i . W h e n the latter t w o were selected as 'judges o f the c o m m u n i t y ' o n 28 Shevat 1583 (sect. 107, p . 140), R. Samuel A r c h i v o l t i was n o t appointed w i t h t h e m . 1 2 5

I disagree o n this p o i n t w i t h C a r p i , w h o sees a connection between the decision o f 26 Heshvan 1579 a n d that i n sect. 57: x i - x i i (see his c o m m e n t there, p. 4 4 , n . 31); cf. immediately below. Pinkas Padua, sect. 57: x l , p . 112. I b i d . , sect. 57: x i - x i i , p . 101. Cf. Carpi's comments, p . 4 1 . 1 2 6

1 2 7

1 2 8

4. Local

Conditions

129

abolition of the central court of three headed by the rabbi could have taken place no later than 3 Shevat 1 5 8 0 . I f we are correct, the abolition of this court led to the reinstatement of the original procedure for imposing bans. The dispute which broke out in 1585 between R. Samuel and the lay leaders indicates that, prior to that same dispute, the parnassim saw themselves as subordinate to the rabbi in all matters involving bans. However, even if no specific decision was taken on this matter, the contents of various decisions confirm the role of the community rabbi in this area. He participated with the lay leaders in their discussions concerning those who were suspected of violating community ordinances. Thus, violators of community ordinances came to him 'to request forgiveness' and to be released from the ban to which they had been subject. After 1585, in the aftermath of his dispute with the lay leaders, R. Samuel ceased to be involved in excommunications, and the efforts of the lay leaders to ensure a functioning system of leadership in his absence grew. Nevertheless, not only did the Council fail to execute its decision to impose the ban against a certain individual, apropos of the same matter which had aroused the ire of R. Samuel Archivolti, but even the power of communal bans became markedly weakened. We read of people 'who did not bend their ear to hear the voice of the parnassim, and said "who is master over us?" [cf. Ps. 12: 5] following their crooked hearts and opening their mouths without restraint to say that the parnassim have no right to command any o n e . ' On the other hand, a year after these matters were recorded in the Register, R. Samuel Archivolti informed them of his intention to leave the c i t y . This evidently served as a stimulus for renewed negotiation with him. It was decided to appoint a committee of three people who were given the authority 'to make a compromise with that notable . . . and they may engage him to do as seems right in their eyes'. This decision was issued 1 2 9

130

131

132

133

134

135

136

T h e r e may perhaps be a connection between the p r o b l e m o f the c o u r t and the emphasis placed one year later by the Cattaveri, the Venetian magistrates responsible for the Jews and for p r o b l e m s relating to t h e m , u p o n the p r o h i b i t i o n against establishing Jewish courts. See V . C o l o r n i , Legge ebraica e leggi locali ( M i l a n , 1945), 337, 371-2, and cf. also i n C h . 5, Sect. 2. 1 2 9

1 3 0

See above, i n C h . 2, Sect. 4.

1 3 2

I b i d . sect. 57: x x i v , x x x i x , pp. 105-6, 112.

1 3 4

I b i d . sect. 328, p p . 241-2.

1 3 6

Ibid.

1 3 1

1 3 5

Pinkas

Padua, 1 3 3

sect. 98, p p . 134-6.

I b i d . sect. 278, p.

212.

i.e. to set terms o f payment w i t h h i m .

130

j . The Community-Appointed

Rabbi

on 19 Iyyar 1588. The first member of the committee was appointed a month later, on 23 S i v a n , and two more another week after that, on 2 T a m m u z . The negotiations were not completed until the end of that year, or perhaps at the beginning of the Hebrew year 5349 (i.e. Autumn 1 5 8 8 ) . Meanwhile, the lay leaders made their first concession towards R. Samuel: in a lengthy decision concerning the updating of the juridical procedures in the community, he was granted certain supervisory tasks over the activities of the leaders in this a r e a . Unlike the earlier decisions, the declaration of the ban against those who had refused to pay taxes, or their readmission into the community, was formulated here with great caution: 'He who refuses will be considered as a sinner . . . and one who does so deliberately shall be called before the parnassim because of his rebellion, and must make apologies, and do whatever is imposed upon him . . . and if they [i.e. the parnassim] wish to fulfil the will of both God and man, they should call R. Samuel, and everything shall be decided by them.' We may conclude from this that Archivolti's position of authority had begun to be reinstated even prior to the negotiations concerning his retention of the office of community rabbi. Indeed, from 1589 on, R. Samuel gradually began to return to his previous position; for example, we again find communal decisions stating that those who violate communal edicts will be excommunicated until they pay the fine imposed upon them 'and take it upon themselves to do whatever the community leaders and R. Samuel Archivolti impose upon t h e m ' . He again participated with the lay leaders in discussions concerning individuals suspected of having violated communal ordinances and, immediately following the above decision, his right to excommunicate without consulting the parnassim was restored in cases involving violation of ritual l a w . This final decision, early in 1601, symbolizes practically the end of the process of reconciliation with the rabbi; it was subsequently decided to erase 137

138

139

140

141

142

143

1 3 7

I b i d . sect. 333, p. 243.

1 3 8

I b i d . sect. 335, p. 244.

I b i d . sect. 345, p. 251. T h i s decision is not dated, b u t the editor has q u i t e justifiably placed i t between 14 A v 5348 [1588] and T i s h r i 5349. I b i d . sect. 337, p p . 245-8: 'and i f Heaven f o r b i d the parnassim should neglect this 1 3 9

1 4 0

. . . t h e n the p l a i n t i f f may go before the Gaon Samuel [ A r c h i v o l t i ] . . . and t h e n , as seems fit i n his eyes, they shall send the warden to the lay leaders w i t h a fine o f up to t w o ducats, that they shall make order [i.e. see to the matter]\ p. 247. I b i d . sect. 367, p. 260; sect. 707, pp. 395-7; sect. 805, p p . 4 4 5 - 6 ; sect. 806, p. 446. I b i d . sect. 690, p. 387. 143 I b i d . sect. 6 9 1 , p. 388. 1 4 1

1 4 2

4- Local

Conditions

from the record various decisions in which R. Samuel was mentioned unfavourably. Even earlier, in 1590, it was decided that, in those cases where the edict of ban could be sent personally, as in the case of those assessors who were elected in absentia by the session of the Council, so that the oath sworn by the assessors on that occasion did not apply to them, 'R. Samuel will send them an order of ban via the clerk of the court, that they not speak a word to any man concerning the matter of those assessed'. It was likewise stated there that the act of excommunication, 'with all the sanctions and curses entailed', was to be publicized by the r a b b i . Thus, at the end of the period of dispute between R. Samuel and the lay leaders, the rabbi emerged with his position strengthened. It seems clear that R. Archivolti's public prestige was a decisive factor in this struggle,which was clearly expressed in the decisions of the Council, both before and after the dispute: he was chosen to supervise the procedure and the secrecy of the assessment, as well as the distribution of houses in the ghetto. He turned to the community to assist various needy people known to him, and supervised matters relating to orphans; he was also given various sensitive tasks relating to the collection and distribution of charitable funds, as well as the collection of moneys for funding special activities of the community. It is superfluous to add that the people also turned to him in all matters concerning divine worship and education. However, the main indication of his improved position following the dispute was his inclusion 144

145

146

147

148

149

150

151

152

153

I b i d . sect. 692, p. 388. I b i d . sect. 375, p p . 263-6. I t seems that the commands o f the warden m e n t i o n e d i n sect. 660, p p . 372-5, and sect. 734, p. 409-12 should also be understood i n this manner. 1 4 4

1 4 5

I b i d . sect. 707, p p . 395-8. I b i d . sect. 625, p p . 359-60; sect. 6 3 1 , p. 362; sect. 707, p. 398, and cf. sect. 77, pp. 125-6; sect. 314, p p . 232-5; sect. 375, p p . 263-6; sect. 623, p p . 355-8; sect. 660, p p . 372-5; sect. 734, p p . 409-12. 1 4 6

1 4 7

1 4 8

I b i d . , sect. 790, p p . 4 4 8 - 9 and sect. 7 9 1 , p. 440.

Ibid. sect. 82, p. 129; sect. 134, p. sect. 366, p . 260; sect. 517, p. 316; sect. 8 0 1 , p. 444. 1 4 9

153;

sect.

295,

p.

221;

I b i d . sect. 297, p . 222; sect. 299, p. 223; sect. 378, p. 267; sect. 453, p. 295; sect. 746, p . 416; and cf. also sect. 464, p . 299, and sect. 872, p p . 4 5 8 - 9 . S i m i l a r tasks were assigned t o h i m i n the State C o u n c i l . See 'Pinkas h a - M e d i n a h be-Padua', fos. 8a, 85a. Pinkas Padua, sect. 78, p. 127. See i b i d . sect. 67, p p . 119-20; sect. 69, p. 120; sect. 350, p . 254; sect. 402, p p . 275-6; sect. 422, p. 285; sect. 4 8 1 , p. 303. I b i d . sect. 423, p . 285. 1 5 0

1 5 1

1 5 2

1 5 3

132

j . The Community-Appointed

Rabbi

with those lay leaders who decided whether those who had not come to the Council meetings had in fact been unable to do so; he was also given certain supervisory functions over the judicial activities of the lay leaders themselves, as well as hearing the claims of those who had established rights in the area where the ghetto was erected. Even in the matter of the ghetto, he was considered above the community, and was allocated a house without participation in the lottery. He was likewise sent to represent the community in Venice, together with the lay leaders. After the failure of the attempt to establish a court, whose 'acts were to be considered as if performed by the Great Court in Israel', the community rabbi's leadership is manifested against the background of the tendency to subject the community to his authority by the imposition of the ban, and in the light of the tension between the rabbi's own view of his position within the community and the members' view of him. It seems clear that the main factor hindering Rabbi Samuel Archivolti from consolidating his position was the abolition of the institution of the court, along with the absence of a yeshivah in Padua, making it impossible for him to be either a head of Court or a rosh-yeshivah. This latter factor is connected with the decline of Padua as a centre of Jewish learning, parallel to the rise of Venice. R. Meir Katzenellenbogen of Padua was the last rosh-yeshivah to occupy the office held by R. Judah Minz and his son R. Abraham. By the time of R. Samuel Archivolti, the rabbi of Padua was no longer a rosh-yeshivah} so that from then on the inhabitants of Padua were subject to the influence and rule of the rabbis of 154

155

156

157

158

m

I b i d . sect. 507, p. 313. I b i d . sect. 337, pp. 245-8; sect. 761, pp. 449-50¬ I b i d . sect. 786, p. 435. 1 5 4

1 5 5

pp. 424-5; sect. 799,

1 5 6

1 5 7

p. 443; sect.

814,

I b i d . A p p e n d i x 24.

R. Samuel A r c h i v o l t i was not even referred to as H e a d o f C o u r t i n his o w n c o m m u n i t y , although i n the l i g h t o f what has been said above one should n o t ascribe too m u c h importance to this fact. 1 5 9 A r e m n a n t o f this change i n the situation has been preserved i n R. Isaac H a y y i m h a - K o h e n ' s description, Pahad Yizhak ( A m s t e r d a m , 1685), fo. 10a): ' O u r teacher J u d a h M i n z o f blessed m e m o r y . . . was the head o f the academy . . . and after h i m his son, R. A b r a h a m , o . b . m . , sat on his seat, and after h i m his son-in-law, the great l i g h t , R. M e i r Katzenellenbogen, k n o w n as the Maharam o f Padua, and the seat o f his glory was i n the synagogue o f the Ashkenazim . . . and no one has sat there u n t i l this day . . . and his son, the Ga'on R. Samuel D a v i d Katzenellenbogen became rosh-yeshivah and Master o f the Place (resh mata) i n Venice —and i n Padua the head was R. Samuel A r c h i v o l t i . . 1 5 8

4. Local

Conditions

133

Venice. Even natives of Padua saw themselves as subject to the ordinances of 'the Masters of Venice', both prior to Archivolti's appointment and during his term of office. Thus, the dispute between the rabbi and the lay leadership was ultimately resolved by accepting the decision issued by the rabbis of V e n i c e . In R. Samuel Archivolti's first certificate of appointment, there is evidence that the lay leadership did not, at least initially, see the activity of the rabbi as much more than that stated in the definition of his office: 'to teach the holy community' —i.e. the lay leaders of Padua felt no need to define the rabbi's position as that of an office-holder in the community, nor to include in his appointment terms which would be likely to be interpreted as implying that his status was that of a 'senior person'. Thus, whatever R. Samuel accomplished as the result of personal struggle, he never achieved the same status as the rabbi of Verona—namely, that the ordinances of the community would be made by his agreement, and that he would bring the ordinances to the vote before the community. 160

161

162

163

164

D.

Cremona

T o what has already been said, we may add what is known about the situation in Cremona, where a number of rabbis were of greater stature than the official community rabbi. As in Padua, the proximity of major rabbinic figures had a negative effect upon the status of the communally appointed rabbi within his own community. One formula of rabbinic appointment from this community has survived, which may be viewed as typical for this 1 6 0

e.g. Pinkas

Padua,

sect. 1, p. 67; sect. 57: x l i v , p.

114.

I b i d . sect. 690, p. 387. A l t h o u g h the o l d pinkas o f the c o m m u n i t y o f Padua has been lost, so i t is difficult to determine whether the a p p o i n t m e n t f r o m the year 1579 was the earliest one, I agree w i t h Carpi's conclusion that the one extant is indeed the first ( i b i d . p. 49). R a b b i Joseph Basevi's w o r d s , i n the precis he prepared o f the decisions incorporated i n the pinkas, r i g h t l y seemed to C a r p i inexact and useless ( i b i d . p. 56, n . 4). H o w e v e r , i t seems to me w o r t h w h i l e q u o t i n g here the statement concerning the r a b b i n i c a p p o i n t m e n t o f 1579 f r o m that precis: ' S i da incarico a M o i s e E i l p r o n d i condurre per due anni come maestro p u b b l i c o d i Religione i l R a b b i n o Samuele A r c h i v o l t i verso i l corrispettivo d i D u c a t i cinque al semestre.' I t is clear that A r c h i v o l t i was not appointed as a school teacher, w h i c h the c o m m u n i t y o f Padua evidently had already (see Pinkas Padua, sect. 165, p. 167, and i n Sect. 9 here). Nevertheless, i t seems i m p o r t a n t to p o i n t o u t that Basevi d i d not feel that the office ( w h i c h he knew w e l l , having h i m s e l f been the r a b b i o f a c o m m u n i t y ) i n c l u d e d m u c h m o r e than 'maestro p u b b l i c o d i Religione' (i.e. p u b l i c teacher o f religion)! 1 6 1

1 6 2

1 6 3

1 6 4

See above, Sect. 4a.

134

3- The Community-Appointed

Rabbi

office. Throughout the sixteenth century, until the expulsion of the Jews from the duchy of Milan at the end of the century, Cremona was among the major centres of Jewish learning in I t a l y . While the majority of the community was of Ashkenazic origin, in the second half of the century it was joined by Italian families, thereby upsetting the homogeneity of the population. Several sources suggest that R. Abraham Menahem ha-Kohen Porto (Rappaport, 1520-after 1594) was appointed rabbi of the Cremona community during the second half of the sixteenth century. This was done by a document identical, or at least similar in its major details, to the one mentioned above. As rosh-yeshivah, he was honoured with a place at the head of the yeshivah and had the prerogative of expressing a final opinion in the discussions of'their honours of the Torah, the Masters and students, members of the yeshivah'—but he is called neither 'head of Court' nor 'head and leader'. Moreover, Porto's signature comes after those 165

166

167

168

See the list o f sources for the a p p o i n t m e n t o f rabbis f r o m the c o m m u n i t y . T h e comments o f Jacob K a t z ( ' H i s t o r y o f the Rabbinate', p p . 281-5) concerning this k i n d o f d o c u m e n t are also applicable regarding rabbinic appointments f r o m Cremona. 1 6 5

O n this c o m m u n i t y , see the b i b l i o g r a p h y listed b y S. S i m o n s o h n , ' C r e m o n a ' , Mikha'el, 1 ( T e l A v i v , 1973); Benayahu and Laras, ' H e a l t h Officials'. I t is certain that the size o f the Jewish p o p u l a t i o n i n this c o m m u n i t y near the date o f the expulsion d i d not exceed that o f the Jews o f Casale: archival documents c o n f i r m that there were 37 families i n Cremona i n 1597. See Segre, Gli ebrei Lombardi nelTeta Spagnola, 112. W h i l e i t is t r u e that m a n y m o r e families lived i n the t o w n i n the 1560s and 1570s, and that many Jews abandoned the d u c h y o f M i l a n d u r i n g the years preceding the expulsion i n 1597, having foreseen what the f u t u r e h e l d , one may nevertheless n o t equate the numerical size o f the c o m m u n i t y o f Cremona w i t h that o f such communities as M a n t u a or Ferrara. 1 6 6

See the responsum o f R. A b r a h a m M e n a h e m Porto h a - K o h e n , sect. 26 ( M S Jerusalem H e b . 8 3904, 163-4; M S M o n t e f i o r e 4870, fo. 461): ' T h e inhabitants o f the city f r o m earlier days were entirely Ashkenazic, and they followed their c u s t o m o f d o n n i n g [i.e. tefillin (phylacteries) on Hoi ha-Mo'ed] w i t h o u t a blessing, and recently newcomers came w h o were f r o m other countries, f o l l o w i n g their o w n c u s t o m i n all innocence, n o t to wear t h e m at a l l , and they have [authorities] u p o n w h i c h to rely . . . and as i t is inappropriate that there be different groups, I expounded to t h e m . . . that they should all wear tefillin w i t h o u t a blessing, according to the practice o f Ashkenaz. A n d those whose conscience prevents t h e m f r o m altering their [ancestral] c u s t o m w i l l be blessed, b u t should stay at home or i n a place i n the synagogue where they w i l l not be seen . . . and they a l l — b o t h new and o l d , Ashkenazim and I t a l i a n s — s a i d A m e n , and they wore tefillin t h r o u g h o u t Hoi ha-Mo'ed, w i t h the exception o f this one m a n , w h o for t w o years has been adorned w i t h the c r o w n o f [the title] Haver, R. Moses Porto, an Ashkenazi, all o f whose [ancestors] are f r o m Ashkenazic stock, w h o was arrogant and said no . . .' T h i s controversy concerning the wearing o f tefillin d u r i n g Hoi ha-Mo'ed, is one o f many w h i c h arose i n I t a l y at this t i m e against the background o f the spread o f K a b b a l a h . See the sources mentioned b y Benayahu and Laras, ' H e a l t h Officials', and i n Sect. 4b. 1 6 7

t0

1 6 8

4- Local

Conditions

135

of R. Aaron David Norlingen and R. Isaac Seligman H e f e t z on the communal ordinances which they signed. It would therefore seem that the appointment as rosh-yeshivah in Cremona did not necessarily convey upon its holder the status of an 'important person', and even the integrity of his status within the yeshivah may have depended upon his ability to bring to a conclusion halakhic discussions without antagonizing other local scholars. While the appointment of the rabbi in Cremona does contain several phrases referring to his supervision of religious study in the city, reminiscent of similar documents from Ashkenazic communities, and subsequently carried over by R. Porto ha-Kohen to V e r o n a , those phrases suggestive of authority found in parallel documents from Ashkenazic communities are completely lacking. This is a far cry from the status of the rabbi in the latter communities, whom all the people of the city, including the other rabbis, were explicitly forbidden to contradict. Not only is no protection provided against the other rabbis living in the city in case they should violate his rabbinic prerogatives, but there is not even any indication that the community at large is subject to his discipline. Needless to say, there is no mention of sanctions or punishments brought against those who violate his rulings. 169

170

171

172

173

174

175

Unlike the situation in Verona and Casale, the terms of appointment of the rabbi in Cremona did not require him to issue ordinances at the community's request. At first glance, this would appear to express the community rabbi's independence in this matter, but such was not the case. I f one carefully reads the section describing the rabbi's prerogatives to issue ordinances and set restrictions, one immediately senses the weak and rather vague tone, which is far from unambiguous. While it does stress the public's looking for initiative on the part of the rabbi, it does not state how that initiative is meant to operate. One clearly senses that other factors are taken into consideration here—i.e. See S i m o n s o h n , Mantua, 722. See S i m o n s o h n , i n t r o d u c t i o n to M o d e n a , Teshuvot Ziknei Yehudah, 4 1 . Cf. n . 64. See Benayahu and Laras, ' H e a l t h Officials', p. 100; S i m o n s o h n , ' C r e m o n a ' , 263. W e have already seen that i n Padua similar prerogatives were also granted to the appointed r a b b i . See the o r d i n a t i o n a p p o i n t m e n t f r o m Verona o f 1584. C o m p a r e K a t z , ' H i s t o r y o f the Rabbinate', 291-2, sects. 4, 7, 8. Cf. i b i d . 286, 289, 294, sect. 33. 1 6 9

1 7 0

1 7 1

1 7 2

1 7 3

1 7 4

1 7 5

136

j . The Community-Appointed

Rabbi

the other ge'onim in the city, whose agreement is required for making decisions. Thus, as the status of the communityappointed rabbi as the 'senior person' of the city was not unchallenged, he could not be required to issue ordinances with the ban. Instead, he was charged with searching for the means of issuing ordinances, on the assumption that the delicacy of the rabbi's position would require him to behave with the requisite caution in order to avoid dispute. Hence, although R. Abraham Menahem Porto ha-Kohen seems to have been the official rabbi of Cremona, he explicitly states that he was unable to issue a ban against those who read Me'or Tinayim by R. Azariah de Rossi (c. 1511-78) without the agreement of Rabbi Eli'ezer Ashkenazi, who was not present in the city at the time that the problem arose, 'because in the place of great men, it is not my place to step over the heads of the holy people'. If, on one occasion, he had seen fit to overstep this limitation—thanks to the confidence he gained from the special appointment he received at the time of the plague emergency to issue ordinances of the 'health officials', and from the support of R. Isaac Seligman Hefetz, who was appointed together with him at that time—in the final analysis, and in the light of the opposition of R. Eli'ezer Ashkenazi, the ban imposed by the health officials was abolished. Much to 176

117

178

1 7 6

See the w o r d i n g o f the appointment: 'and he shall seek to silence the contentious

and to make peace between the members o f our people, and to decree and make limitations i n accordance w i t h the needs o f the times, for this is the office w h i c h the honourable r a b b i carries o n his shoulders'. Cf. sect. 7 o f the a p p o i n t m e n t granted to R. A b r a h a m M e n a h e m Porto i n Verona (Sonne, 'Basic Premisses', 170-1): 'he may not excommunicate . . . any person o f those w h o dwell i n our holy congregation, save w i t h the agreement o f the lay leaders or the majority o f t h e m ' . T h a t is to say, i n Cremona the r a b b i is the one w h o takes the initiative, r e q u i r i n g only the agreement o f the m a j o r i t y o f the lay leaders i n order to act. T h i s w o r k , first published i n M a n t u a i n 1573, was one o f the first H e b r e w books to deal w i t h traditional sacred texts i n a critical manner. I t questioned especially the validity o f m a n y T a l m u d i c and M i d r a s h i c legends and o f the traditional chronology o f biblical history, and was at the centre o f a bitter controversy t h r o u g h o u t I t a l y and i n many other parts o f the Jewish w o r l d . See his remarks regarding the question o f the p r o h i b i t i o n against reading Me'or 'Enayim i n D . K a u f m a n n , Gesammelte Schriften i i i ( F r a n k f u r t - o n - M a i n , 1915), 9 2 - 4 ; J u d a h A r y e h L e i b W a d i s l o w s k i , Sefer Toldot Rabbenu Menahem 'Azaryah mi-Fano (Piotrkow, 1902), 18. Cf. the remarks by R. A b r a h a m M e n a h e m P o r t o h a - K o h e n i n his responsa, sect. 5, regarding another controversy i n v o l v i n g R. Eli'ezer Ashkenazi: 'and although I loved the Excellent R a b b i Eli'ezer Ashkenazi, whose net is spread over all the people o f the Exile, and i t is k n o w n . . . that he is a great prince i n Israel, and that the radiance o f his l i g h t particularly enlightens the members o f the congregation here, i n the H o l y Congregation o f Cremona, and i t is exceedingly hard for me to oppose his i n t e n t i o n . . .' 1 7 7

1 7 8

4- Local

Conditions

137

his distress, Porto was forced to sign the compromises agreed upon by R. Eli'ezer Ashkenazi and R. Isaac Seligman Hefetz. In any event, the facts recorded by R. Abraham Menahem Porto ha-Kohen about the appeal addressed to him by the community heads concerning de Rossi's book, coupled with the fact that he was prevented from imposing the ban, indicates that both sides saw this as a matter pertaining to the definition of his office. This would support the assumption that he was indeed the official communal rabbi at that time. Thus, we find that his status depended upon his skill in maneuvering among the scholars, whom he himself acknowledged as his superiors in learning. It is therefore not surprising that he preferred the office of assistant rabbi in Verona, leaving his appointment in Cremona in the hope (which was in fact realized) that he would eventually be appointed communal rabbi in the former c i t y . This decision is particularly significant in the light of his ongoing opposition to any restriction on the rabbi's freedom to impose excommunication, expressed in the afore-mentioned letter which he sent from Cremona (where the rabbi's authority to issue bans had not yet been formally restricted) to Candia in 1 5 7 4 or shortly thereafter. The clause in his appointment in Verona, explicitly enjoining him from imposing excommunication without the agreement of the lay leadership, should also be read in the light of that opposition. 179

180

181

1 8 2

183

184

It follows from all this that, even if R. Abraham Menahem See Benayahu and Laras, ' H e a l t h Officials'. See Sonne, 'Basic Premisses', 1 7 0 - 1 . Benayahu and Laras, ' H e a l t h Officials', 82, sensed the strange nature o f this decision by R. A b r a h a m M e n a h e m P o r t o h a - K o h e n , w h i c h they explained by suggesting its a t t r i b u t i o n ' t o the increased troubles i n the c o m m u n i t y , or to the increasing n u m b e r o f ordinances against the Jews'. As a further clarification, i t should be stressed that Porto d i d n o t adopt this decision u n t i l after a r e f e r e n d u m a m o n g all the members o f the c o m m u n i t y o f Verona ' t o examine. . . whether they are satisfied and pleased w i t h his h o n o u r ' ! T h i s r e f e r e n d u m presented a considerable p r o b l e m for the leaders o f the congregation, who agreed to this i n n o v a t i o n only o n c o n d i t i o n that i t should not become a precedent w h i c h w o u l d detract f r o m 'the power o f the parti and our ordinances and customs, whether [ a p p l y i n g t o ] the future or the past' (see the f u l l text o f the decisions i n the H e b r e w edition o f this book, D o c u m e n t 29, 1 7 9

1 8 0

P- 245¬ N o t h i n g is said i n the a p p o i n t m e n t o f the c o m m u n a l r a b b i concerning this matter. See the discussion o f c o m m u n a l ordinances p e r t a i n i n g to the herem i n C h . 2, Sect. 4. 1 8 1

1 8 2

T h e ordinance, to w h i c h R. A b r a h a m M e n a h e m P o r t o h a - K o h e n objected, is f r o m the year 1574, and i n this year he was certainly already i n C r e m o n a (see Benayahu and Laras, ' H e a l t h Officials', 8 1 ; S i m o n s o h n , ' C r e m o n a ' , 263). 1 8 3

1 8 4

See the r a b b i n i c a p p o i n t m e n t , S i m o n s o h n , ' C r e m o n a ' , sect. 7.

138

j . The Community-Appointed

Rabbi

ha-Kohen Porto served as the community rabbi in Cremona, he was clearly not the 'master of the c i t y ' . This latter term, mara de-atra, was applied to R. Aaron David Norlingen who, as we have seen, lived in Cremona at the same time as Porto. I n 1608, R. Judah Saltaro da Fano wrote of Norlingen in his book Palgei Mayim as follows: 'he was the head of the yeshiva (resh metivta) and the Master (mara de-atra) of the holy community of Cremona, and is now the elder of the sages of M a n t u a ' . One might of course argue that R. Aaron David Norlingen, and not R. Abraham Menahem ha-Kohen Porto, was the official rabbi in Cremona. This would invalidate what has been said concerning the status of the appointed rabbi in Cremona on the basis of the latter's situation. But this argument appears very problematic: as we have seen above, Porto issued halakhic rulings to all of the inhabitants of Cremona, and they turned to him to rule upon the proposal to excommunicate all those who read de Rossi's book. He was likewise the one to take upon himself the struggle against R. Eli'ezer Ashkenazi on the matter of the 'health ordinances', even though he added to his responsa the argument that 'if your honour will defeat me, my colleagues will say that you have defeated a layman'. I n the absence of additional evidence, I tend to accept the view that R. Abraham Menahem ha-Kohen Porto was Cremona's official rabbi, as well as the de facto head of the yeshiva, even though he did not enjoy the full status of rosh-yeshivah in his community due to the influence of the other sages of the city. 185

186

187

A similar situation, albeit of a totally different order in terms of the stature of the figures involved, emerged in Verona at the end of the sixteenth century. There, the position of communityappointed rabbi overlapped with that of rosh-yeshivah and of the 'great one of the city'. For this reason, he maintained the prerogatives of rosh-yeshivah even when he was unable to 'come daily to sit in the yeshivah' due to the burden of communal responsibilities, and was forced to appoint another rabbi to fill his place and to sign on his behalf. On the other hand, 188

H e is designated thus by Benayahu and Laras, ' H e a l t h Officials', 100. T h i s is also how Sonne designates all the rabbis appointed by the c o m m u n i t i e s (see Sonne, ' H i s t o r y o f the C o m m u n i t y o f Bologna', HUCA 16 (1942), 40). R. J u d a h Saltaro, Sefer Palgei Mayim (Venice, 1608), fo. 15a. See Benayahu and Laras, ' H e a l t h Officials', 102. See Sonne, 'Basic Premisses', 179, D o c u m e n t 23. 1 8 5

1 8 6

1 8 7

1 8 8

4- Local

Conditions

139

R. Abraham Menahem ha-Kohen Porto served in practice as rosh-yeshivah in Cremona by virtue of his appointment as communally appointed rabbi, even though he did not bear the title of 'yeshivah head and teacher of the community'. The one to enjoy this status in Cremona was R. Aaron David Norlingen! In the source referring to R. Norlingen as 'rosh-yeshivah and Master in the Holy Community of Cremona', only one other rabbi is honoured with the title mara de-atra—namely, R. Samuel Archivolti. But one cannot argue that this constitutes prima-facie evidence that the communally appointed rabbi is always designated by the title of mara de-atra: in fact, R. Mordecai Bassan, who was certainly the official rabbi in Verona, is mentioned in this same document without that title. We may therefore conclude that the title mara de-atra did not serve during our period in any way other than in its original sense in classical rabbinic literature—i.e. to emphasize that a particular rabbi was considered the most important rabbi in his town. Further evidence of this is the fact that in the book Mikveh Yisra'el, in which many rabbis are mentioned by name, the only rabbi designated as mara de-atra is R. Abtalyon di C o n s i l i o , who was at the time the only ordained rabbi in his community. T o summarize: the office and status of the community-appointed rabbi depended upon the conditions in those particular localities where the office first took shape from its earliest development out of the model of the rosh-yeshivah, and in the light of the need to grant sacral power to the community ordinances by means of 'a senior person'. T h e concepts of yeshivah-head and of head of Court, which naturally accompanied it, were an integral part of the concept of 'communally appointed rabbi', although during the process of the actual shaping of this office they were not identical in the various communities, and at times these concepts became exclusively ideals. Wherever the homogeneity of the population and its numerical size encouraged the tendency to 189

190

191

T h e r e is perhaps a certain s i m i l a r i t y here to the tension w h i c h arose i n the Ashkenazic c o m m u n i t i e s between the H e a d o f C o u r t and the rosh-yeshivah (see Ben-Sasson, Hagut ve-Hanhagah, 168-70). 1 8 9

See Sefer Palgei Mayim, fo. 15a, a n d , at the end o f the book, the list o f those sages w h o p r o h i b i t e d the r i t u a l bath i n R o v i g o . R. J u d a h Saltaro, Mikveh Yisrael (Venice, 1607), fo. 6b. R. A b t a l y o n ' s o r d i n a t i o n is cited at the b e g i n n i n g o f Sefer Palgei Mayim. 1 9 0

1 9 1

140

J . The

Community-Appointed

Rabbi

appoint a community rabbi, the rabbi's personality and the presence or absence of other important rabbinic scholars in or near the community had a decisive effect on the shaping of the office. In those communities where the concept of 'the great one of the city' was organically associated with that of rosh-yeshivah, the title 'head of Court' gained distinct definition and the rabbi was able to strengthen his position and to impose his influence upon the community leadership. It is therefore not surprising that in Verona, where such conditions were created, things reached the point that, towards the end of the period under discussion, the power of the rabbi was like that of 'one of the leaders [parnassim] of the community and his voice . . . is considered as one of t h e m ' . I n no other community have we found a community-appointed rabbi enjoying a similar status. I n so far as various different factors, the most important of which we have mentioned, hampered the possibility of identifying the appointed rabbi with the 'great one of the town', the concepts of rosh-yeshivah and head of Court were emptied of their contents, and at times the rabbi was not even referred to by these titles at all. I n such cases, the rabbi's status was also harmed and the value of accepting such office became doubtful, as the example of Cremona clearly illustrates. 192

5. R . M O S E S B A S O L A ' S C R I T I Q U E

Once created, it was only natural that the communities should attempt to strengthen and consolidate the office of community rabbi. By reinforcing the rabbi's position, that of the internal communal leadership was also strengthened. This attitude is especially evident in the ordinance issued by the Synod of Ferrara in 1554, prohibiting other rabbis from imposing the ban in any community without the permission of the community-appointed rabbi. We have already seen that in most communities the official rabbi was himself proscribed from imposing the ban 193

1 9 2

See Sonne, 'Basic Premisses', 182, D o c u m e n t 27.

See Sect. 1 above. T h e r e were cases i n w h i c h the c o m m u n i t i e s participated i n the g r a n t i n g o f this permission. T h u s , i n Verona, m a n y years after 1554, i t was stressed that every p r o m u l g a t i o n o f a ban was conditional u p o n 'the permission and agreement o f . . . the [ c o m m u n a l ] r a b b i w i t h the m a j o r i t y o f the lay leaders' (Sonne, 'Basic Premisses', 179, D o c u m e n t 22). 1 9 3

5 . R. Moses

Basolcfs

Critique

141

without the permission of the parnassim. ^ Thus, the obligation imposed upon the community rabbi to issue ordinances in accordance with the will of the parnassim—which was at times expressed in blunt terms, such as 'he cannot refuse'—suggests that the very point which is intended to symbolize the authority of the community-appointed rabbi also reflects the severe restriction of his freedom. I n fact, the above ordinance was a means of strengthening the leadership of the parnassim, even if from a formal point of view it enhanced the respect and authority of the official community rabbinate. It is therefore not surprising that, throughout the period under discussion, not a single leading rabbinic figure was appointed to this office by any of the local communities. R. Moses Basola (1480-1560) makes this point very clearly in his objections to the ordinance of Ferrara: 1

195

This arrangement cannot be a lasting one, for how can i t be that the rabbi be considered as the lord or the duke of the city, absolutely sovereign to do whatever he decides? . . . Furthermore, they d i d even worse i n saying that no other rabbi i n that town may issue ordinances wherever there is a rabbi appointed by the community or by the communal leaders. Thus, they have elevated themselves i n order to do as they wish w i t h the rabbi they have set up for themselves, a man who eats that which is not his and is a f r a i d to look at them. I n fact, i t is proper to chasten those rabbis who unjustly issue edicts which do not conform to halakhah. 1 9 6

197

I n other words: while one may legitimately issue regulations against those rabbis who rule their communities arbitrarily and impose excommunication alongside the rulings themselves this ought not be done by adding to the prerogatives of the community rabbi, as this simply strengthens the lay leaders of the community. 198

199

1 9 4

See Sect. 4a, and the a p p o i n t m e n t o f the r a b b i i n Casale.

1 9 5

Cf. Shulvass, Renaissance,

55.

1 9 6 F o l l o w i n g a different reading, the source w o u l d be: 'one w h o eats at his fellow's [table] is afraid to look at h i m [thereafter].' (Cf. Jerusalem T a l m u d O r l a h 1: 1, fo. 61b.) See S. Z . H . H a l b e r s t a m m , ' T h e Ordinances o f 1554' ( H e b . ) , 'Ivri Anokhi, 31 (1879), 267. 198 j j g that even R. Moses Basola was aware o f this, as there was exaggerated use o f bans and e x c o m m u n i c a t i o n i n his day. See o n this C h . 2, Sect. 4, for P o r t o h a - K o h e n ' s comments o n this matter. I t is n o t clear whether Basola's objections that 'he eats that w h i c h is n o t his and is afraid to look at t h e m ' alludes to the rabbi's economic dependence u p o n the c o m m u n i t y . 1 9 7

s

1 9 9

a

s

n

142

j . The Community-Appointed

Rabbi

These comments of R. Moses Basola, who was among the greatest rabbis of his day in Italy, and whose name was well known even in non-Jewish circles, clearly expresses that subjugation to the lay leadership which was part and parcel of rabbinic appointment. This situation certainly made some distinguished rabbis reluctant to succumb to the temptation embodied in the image of rulership associated with the office of the communally appointed rabbi. An additional factor making for such reluctance was certainly the local presence of other prominent rabbinic scholars who were not subject to the parnassim. We can therefore state in conclusion that the status of the communityappointed rabbi was inversely proportionate to that of the other scholars in the community. R. Moses Basola's contempt for the community-appointed rabbis, hinting that they made cynical use of their titles, was certainly exaggerated. I n fact, although the office was not particularly attractive to individuals of R. Moses Basola's stature, one cannot say that those who served in it were unqualified. Many of those who were seen by their communities as worthy of the office and who, in fact, accepted it, such as R. Abraham Menahem ha-Kohen Porto, R. Abraham Provenzali, and R. Samuel Archivolti, while not the greatest scholars of their day, were far from being mediocre. Nevertheless, Basola was correct in his comparison of the stature of those community-appointed rabbis whom he knew in his day to that of the great rabbis of the period. One must again emphasize that criticism of the type issued by R. Moses Basola can only be properly understood in the context of a situation in which the office was considered an innovation, and therefore subject to discussion and negotiation. That is to say, while both the critic and the public to whom his criticisms were directed knew that not every community had an 200

I f this is the case, his zeal for the rabbis' independence was exaggerated: i t is difficult to imagine that the modest salaries received by the appointed rabbis w o u l d be sufficient cause for t h e m to become so subjugated to the lay leaders as to be transformed i n t o ' p u p p e t rabbis', whose concern for their daily bread took precedence over their fear o f G o d . I t may be that Basola wished to formulate his objections i n b l u n t terms, and that what he really meant was that the appointed rabbi had ('eats') an a u t h o r i t y w h i c h was not really his, b u t was granted to h i m by the leaders o f the c o m m u n i t y , to w h o m he became subjected by his very a p p o i n t m e n t , so that 'he is frightened to look at t h e m ' . T h i s matter w i l l be discussed at greater length. See I . T i s h b y , ' T h e Controversy C o n c e r n i n g Sefer ha-Zohar i n 16th C e n t u r y I t a l y ' ( H e b . ) , i n his Hikrei Kabbalah u-Sheluhoteha, i (Jerusalem, 1982), 9 6 - 9 . 2 0 0

6. Sephardic

Model

of

u

Torah

Teacher'

143

appointed rabbi as yet, one could still hope that negative criticism of the institution might prove constructive. 201

6. T H E S E P H A R D I C M O D E L OF ' T O R A H

TEACHER'

Another possible source of the institution is revealed by examining the definition of the office of community-appointed rabbi in those appointments extant in the record books (pinkasitn) of the communities of northern Italy: namely, the tradition of the Sephardic communities adopted by the communities of southern Italy during the late fifteenth and early sixteenth centuries. Discussion concerning the situation in southern Italy must necessarily be focused exclusively on the kingdom of Naples, and particularly on the city itself, where the Jewish community continued to exist after the Expulsion of 1492—i.e. after settlement in the rest of the southern portion of the kingdom had been abolished. Nevertheless, several comments on the situation in southern Italy prior to the expulsion, i.e. including Sicily, are in order. There are hardly any extant sources clarifying the position and function of the rabbis within the framework of the internal leadership and spiritual life of the communities of southern Italy prior to the arrival of the exiles from Spain and Portugal. Most of our knowledge of those communities is based upon studies undertaken by Christian scholars, who examined the archival material in their own way, giving us only a rather fragmentary picture of the subject. Moreover, there are no extant Hebrew sources explaining how, prior to the emergence of the institution of ordination as described in Chapter 2, a given individual became recognized as a 'rabbi' in these communities. As far as matters can be reconstructed from the published documents, the framework of the religious-spiritual leadership of the communities of southern Italy had, prior to the arrival of the exiles from Spain and Portugal, been rooted in older forms known from various medieval 202

H o w e v e r , as is well k n o w n , Sonne and others saw the opposition o f R. Moses Basola to the ordinances o f Ferrara as an aspect o f the tension between ' i t i n e r a n t rabbis' and 'official rabbis'. W e shall r e t u r n to this p o i n t at greater length i n C h . 4. A comprehensive survey o f the c o m m u n i t i e s o f S o u t h e r n I t a l y and the p e r t i n e n t literature may be f o u n d i n S. W . B a r o n , A Social and Religious History of the Jews, 16 vols. (Philadelphia, 1952-76), x. 220-46, 398-406; i d e m , The Jewish Community, 3 vols. (Philadelphia, 1942), i . 230-2; i i . 58-9, 75-6; i i i . 54-5, 121, 125. 2 0 1

2 0 2

144

3- The Community-Appointed

Rabbi

sources. We know that cantors were of particular significance within the framework of the communal organization, together with the scribes and synagogue beadles. The definition of the task of the cantor, who was designated in a 1392 document as the 'elder of the Jews' (presbyter), was 'to sing the prayers in the synagogue and to prepare and write Hebrew documents according to their [the Jews ] custom'. A 1455 document refers to the cantor, along with the scribe and the beadle, as performing functions essential to the proper functioning of the Jewish community. I n some cases the functions of scribe and cantor were concentrated in one individual, while in others there were scribes appointed whose only job was to produce Hebrew documents. .

203

204

205

From the evidence of published non-Jewish documentation, it would seem that, during the second half of the fifteenth century, excommunication procedures were entrusted to the rabbis 'who sat at the head of the synagogue, delivered sermons and expounded the holy Writ, and ruled on matters of law and banned offenders'— even in southern I t a l y . The overall impression gained is that, as in the well-known picture one gains from the Scroll of Ahima'az, the rabbi's activity was focused within the yeshivah, from whence radiated his influence over the public. He also evidently 206

207

O n the medieval cantor, see S. L i e b e r m a n , 'Yanai's Hazzanuf ( H e b . ) , Sinai, 4 (1939), 222-3; E- E- U r b a c h ' s review o f A . I . Agus's edition o f Teshuvot Ba'alei ha-Tosafot, KS 30 (1955) 204-5; S. Schwarzfuchs, Etudes sur Porigine et le developpement du Rabbinat au Moyen-Age (Paris, 1957), 20; M o r t a r a , Indice alfabetico, p. 27 n . 1. Cf. also L . L a n d m a n , ' T h e Office o f the M e d i e v a l Hazzan', JQR 62 (1971-2), 156-87, 246-76. 2 0 3

A c c o r d i n g to the list o f rights granted by K i n g M a r t i n to the bishop o f Mazzara, as quoted i n F . L i o n t i , ' I m i n i s t r i della religione presso g l i ebrei d i Sicilia', Archivio storico Siciliano n.s. 10 (1885), 131: 'ad cuius officium pertinet canere ofRcia i n Synagogis, et conficere contractus et scribere i n s t r u m e n t a hebraica et secundum r i t u m e o r u m ' . 2 0 4

See B. and G . L a g u m i n a , Codice diplomatico dei guidei di Sicilia (Palermo, 188495)i i - 559; L i o n t i , ' I m i n i s t r i della religione presso', 133-4 (letter o f A l p h o n s o to the heads o f the c o m m u n i t y i n T r a p a n i ) : 'Alfonsus . . . prothis Iudaice terre D r e p a n i . . . visis et recognitis literis vestris quibus exponitis q u o d , volentibus vobis creare et ordinare quosdam officiates necessarios et utiles eidem Iudaice et presertim notarios, chasenos et sacristanos . . . volentes nos huic rei salubriter providere, vobis d i c i m u s et mandamus quatenus . . . officiates ipsos creatos, faciatis et ordinetis necessarios et utiles eidem Iudaice et presertim chasenos, notaros et sacristanos . . .' Cf. L i o n t i , i b i d . 134. I b i d . 132; N . Ferorelli, Gli ebrei nel?Italia meridionale ( T u r i n , 1915; repr. Bologna, 1966), 104-5. Cf. Megillat Ahima'az, ed. K l a r (Jerusalem, 1944), 37, and L . M o d e n a ' s remarks quoted above, C h . 2, Sect. 4 and n. 146. I t is w o r t h r e m a r k i n g that the rabbis r e q u i r e d the permission o f the heads o f the congregation and o f the lay leaders (tuvei ha-ir) i n order to preach i n the synagogue or to impose bans. See L i o n t i , ' I m i n i s t r i della religione presso', 134. 2 0 5

2 0 6

2 0 7

6. Sephardic

Model

of

Tor ah

Teacher'

H5

received payment for adjudicating disputes upon request. Into these forms were merged the distinctive institutions brought by the Spanish and Portuguese exiles from their lands of origin. This process should not be thought of simply as a result of the migration of Spanish and Portuguese exiles into Italy. Southern Italy had been subject to Spanish influence for centuries; even in Jewish institutions one can see certain similarities, such as the institution of the general judge, which resembled that of the rah de la corte (the rabbi appointed by the king to rule over Jewish affairs). However, to date no Hebrew sources have emerged likely to shed light upon the nature of the similarity between the forms of communal organization vis-a-vis the rabbinate in southern Italy and in Spain and Portugal. I must therefore confine myself to noting the massive migration of the Jews of Spain and Portugal to southern Italy at the end of the fifteenth century. Even without relying upon various speculative assumptions, there is no doubt that many of the exiles from Spain and Portugal found refuge in the towns of the kingdom of Naples, where they became for a while an extremely important factor within the Jewish population; their traditional forms of leadership emerged clearly wherever they settled. From the early fifteenth century on, every Jewish community of Spain was required to appoint a Torah teacher (marbiz Torah). The first section of the 1432 ordinances of Valladolid states that: 208

209

210

wherever there are forty householders or more, they are required to do everything w i t h i n their power to maintain among themselves a Torah teacher to teach T a l m u d , halakhah, and aggadah. T h e community is obliged to support h i m i n a fitting manner, w i t h items of the best quality, from the income of the taxes on meat and wine, and from the charity fund . . . or o f the free-offerings for the Torah study, so that he need not beg for his needs, or need to appeal to the wealthy individuals of the community. He is to serve as a preacher, chastener and guide i n all things related to the service of the Creator . . . A n d i f See F e r o r e l l i , Gli ebrei nelPItalia meridionale, esp. p. 105 n . 1. See I . L o e b , 'Reglement des Juifs de Castille en 1432 compare avec les reglements des Juifs de Sicile et d'autres pays', REjf 13 (1896), 206-16. S u c h as Ferorelli's calculations, Gli ebrei nelPItalia meridionale, 78-98. H i s main assumptions ( p p . 9 6 - 8 ) are that the taxes paid by the Jews to the government were identical to those paid by the Christians, and that the average f a m i l y contained five members. C o m p a r e S. S i m o n s o h n , ' T h e Jews o f Syracuse and their Cemetery' ( H e b . ) , Sefunot, 8 (1964), 276. 2 0 8

2 0 9

2 1 0

146

j . The Community-Appointed

Rabbi

the community does not reach an agreement w i t h the T o r a h teacher w i t h regard to the sum he is to be paid, they are to pay h i m the amount of the tax o f Torah study i n that place, or to add to it i f i t is insufficient—all i n accordance w i t h the judgement of the rab de la corte. 211

The same ordinance states that it is preferable that all Torah teachers have a 'fixed place to study with whomever wishes to hear the Law from him'. This ordinance prescribed three clear tasks of the Torah teacher: to preach in public, to rule in matters of Jewish law when asked to do so by members of the community, and to teach. This was summarized in the following way by R. Isaac Abrabanel: 'the preacher of Torah . . . is the teacher, is the one who rules on matters of law, and is the admonisher.' The nature of this teaching is not explicitly stated in the regulation, but from the prevailing situation in the communities of the Spanish exiles, we may infer that this refers to lecturing in Talmud with the Tosafot or the Code of Alfasi, as well as lectures on the halakhic codes (e.g. Maimonides' Mishneh Torah, R. Moses of Coucy's Sefer 212

Mizvot

ha-Gadol

[Semag]

or, in a later age, the Arbaah

Turim

of R. Jacob ben Asher) which the rabbi delivered in the synagogue at fixed times every day. The comment concerning the desirability of the Torah teacher having 'a fixed place to study with whomever wishes to hear the Law from him' suggests that the establishment of the yeshivah might have been seen as a positive development in the office of the rabbi, because it would raise the level of religious knowledge within the community, and possibly because it would tend as well to strengthen the status of the 'Torah teacher'. As defined in this ordinance, the office need not be directly connected with the administration of justice and the government of the community. The 'Torah teacher' was not necessarily synonymous with the 'Torah scholar' (talmid hakham), who determined whom the judges of the community were supposed 213

See F . Baer, Die Juden in christlichen Spanien, ii ( B e r l i n , 1936), 283. T h e text here cited is based u p o n Assaf, Hinukh, i i . 83. See also F i n k e l s t e i n , Self-government, 354; F. Baer, History of the Jews in Christian Spain i i . 263; M . Benayahu, Marbiz Torah (Jerusalem, 1953), 13. 2 1 1

R. Isaac Abrabanel, Nahalath Avot, on A v o t 4: 5. Compare Finkelstein's remarks, Self-government, as noted at the b e g i n n i n g o f this chapter. 2 1 2

2 1 3

6. Sephardic

Model

of' Tor ah

Teacher'

HI

to fine and punish as transgressors, although it was natural that they would turn first of all to him, in those places were there were no greater scholars. However, in the third section of the ordinances of Valladolid, it is stated explicitly that permission to sue one who did not obey a ruling or summons from the Jewish courts in non-Jewish courts was subject to the agreement of the judges and the scholar of the community. The Torah scholar to whom the judges of the community turned for advice in their battle against the informers and slanderers was not necessarily identical with the Torah teacher; it is explicitly stated that the judges ought to follow 'the decision of the greatest Torah sages they can find'. The Spanish exiles reconstituted the office of 'Torah teacher' in their new places of exile. The new office of community rabbi (hakham), as well as his position within the legal and political arrangements of the community, was based upon i t , in conformity with the new situation which took shape in the various communities. I do not intend to investigate here this development within the communities of the Spanish exiles. However, there seems little doubt that, in the tradition which the Spanish exiles brought with them, the office of Torah teacher was clearly defined by its contents, and that a salary went with it, in order to enable the rabbi to 'make the Torah his fixed occupation and all labour despised and abandoned', even though the discussion concerning the legitimacy of accepting such a salary never completely ceased. Don David ibn Yahya (1465-1543) was appointed to such a 214

215

2 1 6

217

218

2 1 4

2 1 5

See Baer, History I b i d . 265.

of the Jews,

263-4.

See the appointments f r o m Magnesia ( f r o m 1555) and f r o m Patras ( f r o m before 1592) cited by Benayahu, Marbiz Torah, 22-6. C o m p a r e D . Benvenisti, Yehudei Saloniki be-dorot ha-Aharonim (Jerusalem, 1973), 180-3. 2 1 6

2 1 7

Torah,

Based u p o n the w o r d i n g o f the r a b b i i n Rhodes f r o m 1612; see Benayahu, 26.

See Baer, History of the Jews, R. Simeon b . Z e m a h D u r a n , Teshuvot 2 1 8

Marbiz

221-3; Abrabanel, Nahalat Avot, o n A v o t 4: 5; (Taskbez) ( A m s t e r d a m , 1738-41), Pt. I , sect. 142;

R. Y o s e f Ya'vez, Ma'amar Hasdei ha-Shem, c o m m e n t a r y on A v o t 4: 5 ( i n the 1533 Constantinople edn., fos. 9 5 - 8 ) , and cf. the i n t r o d u c t i o n by his son, R. Isaac; R. O b a d i a h Sforno's c o m m e n t a r y to the same mishnah; R. Moses Yakar Ashkenazi, at the end o f Sefer Petah 'Einayim (Cracow edn., 12-13); R- D a v i d b . Messer L e o n , based u p o n the Tashbez, i n S. Schechter, 'Notes sur Messer D a v i d L e o n Tirees de M a n u s c r i t s ' , RE J 24 (1892), 127-8. See also Ben-Sasson, Hagut ve-Hanhagah, 160; K a t z , Tradition and Crisis, 95-6.

148

j . The Community-Appointed

Rabbi

position in Naples at the beginning of the sixteenth century. In a letter to other scholars, he justified his request for salary from the community by citing the fact that a similar practice existed in Otranto and Sulmona. He reported that the community had assigned him the task 'both of preaching on the Sabbath d a y . . . and of ruling upon those legal questions which occur daily, both here and in nearby communities, as well as to hear litigants and arbitrate disputes. And I also began to teach and to learn Talmud and commentaries and other things, until the number of students grew.' His teaching activities are portrayed by R. David in a manner which suggests that he did far more than was required of a Torah teacher under the formal rubric of the office given above: 219

220

221

222

223

224

225

A n d apart from all that, I was the repetitor for the younger students, and I studied w i t h them until mealtime, and i n the afternoon I studied a different subject w i t h them until the Afternoon Prayers, and on winter evenings until six o'clock. I n addition, I studied w i t h t h e m a daily chapter o f T a l m u d , and other subjects such as grammar and poetics and logic and [al-Ghazali's] Intentions of the Philosophers and \jfedaiah Bedersfs] Book of the Examination of the World. A n d on the Sabbaths [ I would] sometimes teach [Judah ha-Levi's] Kuzari and at times [Maimonides'] Guide for the Perplexed. A n d all this, even though I was only required to teach one Talmudic lesson every morning, i n order that they should know what is required, and to rule on what they ask me each day. But i n order to fulfil what is required o f me by heaven 2 2 6

See A . M a r x , ' L i f e o f an I t a l i a n R a b b i ' , HUCA 1 (1924). I t is superfluous to stress that i t is beyond all d o u b t , f r o m the figures mentioned by R. D a v i d i b n Yahya i n his letter, that the entire c o m m u n a l framework w i t h i n w h i c h he worked was o f a clearly Spanish character. 2 1 9

Sonne has speculated that the letter was sent to a conference o f rabbis or o f representatives o f communities. See I . Sonne, ' T h e General Synod i n I t a l y , Father o f the Va'ad Arba 'Arazot i n Poland' ( H e b . ) , ha-Tekufah, 32-3 (1948), 665-7. 2 2 0

See M a r x , ' L i f e o f an I t a l i a n R a b b i ' , 621. I have deleted here four words, translated 'and also to w r i t e their letters and e p i s t l e s ' — w h i c h I shall discuss f u r t h e r . 2 2 3 x h i s certainly refers to those communities w h i c h were w i t h i n the o r b i t o f the central c o m m u n i t y i n Naples. 2 2 1

2 2 2

I t is clear that he is not a l l u d i n g here to an a p p o i n t m e n t as a c o m m u n i t y judge; rather, disputants came to h i m v o l u n t a r i l y to seek halakhic rulings. I f i n other passages, such as i n R. Gedalyah i b n Yahya's Shalshelet ha-Kabbalah, he is referred to as a 'judge', this does not m a t c h his description here, and one is not to take i t as meant literally. See Sefer Shalshelet ha-Kabbalah ( A m s t e r d a m , 1697), fo. 52b. 2 2 4

M a r x , ' T h e L i f e o f an I t a l i a n R a b b i ' , 616. 2 2 6 T h i s certainly means, 'among the members o f the congregation'.

2 2 5

6. Sephardic

Model

of'Torah

Teacher'

149

and by the people, I went beyond my [required] quota, w i t h great effort and painful l a b o u r . 227

I n other words: the formal definition of the office required of him no more than 'to teach one Talmudic subject every morning . . . and to rule on what they ask me each day'. T h e other task which constituted R. David's position, 'acting as scribe of the community, to write their letters and epistles',

228

was undertaken voluntarily, out of a sense of moral responsibility as a Torah scholar to assist in the needs of the community.

229

At the end of his proposed request he again emphasized that: I have troubled myself much more than mas required of me . . . for I was only required to teach the T a l m u d i c subjects, but I served as repetitor . . . I was only required to teach i n the morning, but I taught morning and m i d day, and i n the evening until six o'clock. I was only required to teach T a l m u d w i t h commentaries, and I taught grammar and poetics and music and Intentions of the Philosophers and The Book of the Examination of the World. A n d I was not required to be their scribe . . . nor was I required to judge and to issue rulings, but only to rule 'yes' or 'no' [i.e. to decide one way or another on halakhic issues]. A n d I exhausted myself i n inviting litigants to my home, to charm them and to force them to accept a compromise and to make peace among them, and i t never occurred that a matter came to me which I judged according to the letter of the law, but only by way o f compromise w i t h the agreement o f the two parties involved, taking great trouble w i t h them. N o r was I required to compose the documents regarding transactions of individuals between one another—and i n this matter also I humbled myself, to save them the cost o f taking a Christian scribe, for there was no Jewish scribe i n the whole community upon whom they could r e l y .

2 3 0

It follows from this that R. David saw his appointment as demanding of him only that he preach, rule o n halakhic matters, and teach Talmud and its commentaries every morning. Everything else he did o f his own free will and, because he counted upon a

2 2 7

M a r x , i b i d . 617.

I b i d . 616, and see D o c u m e n t s 4 and 8 i n the H e b r e w e d i t i o n o f this book, 216¬ 17, 222. ' A n d I also made m y s e l f the scribe o f the c o m m u n i t i e s , for all o f their m a n y c o m m u n i c a t i o n s . . . and I even served as the scribe for i n d i v i d u a l s for documents o f compromesso to a r b i t r a t i o n and receipts and r u l i n g s and business matters and betrothals and all other matters between m a n and his fellow, w i t h o u t [ t a k i n g ] salary or fixed p a y m e n t . ' — M a r x , i b i d . 617. M y emphasis. 2 2 8

2 2 9

2 3 0

I b i d . 6 2 1 . M y emphasis.

150

3. The

Community-Appointed

Rabbi

salary from the community, he was prepared to forgo any subsidiary income. He testified that: I never received as much as a penny from private individuals, and even in those matters which T o r a h scholars are accustomed to receive: not for performing marriages or divorces or levirate marriages, or for arbitrating [disputes], or for writing letters, or for composing halakhic decisions sent outside [i.e. of the community]. A n d i f on occasion some individual would send me a gift out of politeness, I returned i t , u n t i l people became acquainted w i t h my character and ceased doing s o . 2 3 1

Only when his salary was overdue did he permit himself to accept gifts. I n fact, he defended such actions in words which were intended to refute the accusations of those who thought that these gifts weakened his claim to a salary. Thus, despite the narrow formal definition of the office, based upon the previously mentioned tradition of the Spanish communities, the rabbi considered that office as a fairly good basis upon which to build, and to widen its scope in accordance with his understanding and his talents. Once these hopes were disappointed, he asked for his salary retroactively, on the basis of that same limited understanding of the office. 232

7. D I F F E R E N T A P P R O A C H E S A M O N G A S H K E N A Z I M A N D SEPHARDIM

In his responsum relating to R. David ibn Yahya's request, R. Meir of Padua stated in summary that 'the principal payment which a rabbi requests is for his teaching, and it would appear that his task is to teach the Talmudic subjects, to preach, and to issue rulings on matters of divorce and marriage and forbidden 233

2 3 1

2 3 2

ibid. I b i d . 623.

Teshuvot ha-Maharam mi-Padua, sect. 40. A t present, I see no way o f answering the question as to w h y R. M e i r cited O t r a n t o rather than Naples as the place o f residence o f his correspondent, other than M a r x ' s hypothesis ( ' T h e L i f e o f an I t a l i a n R a b b i ' , 615, n . 30) that there was indeed a confusion i n his responsum. Schwarzfuchs, w h o has devoted a f u l l - l e n g t h study to the analysis o f R. M e i r ' s responsa as a historical source, does n o t t o u c h u p o n this question, nor m e n t i o n M a r x ' s article. See S. Schwarzfuchs, T responsi d i R a b b i M e i r da Padova come fonte storica', i n Scritti in memoria di Leone Carpi ( M i l a n and Jerusalem, 1967), 121-2. 2 3 3

j . Differences:

Ashkenazim

and Sephardim

151

and permitted things'. R. Meir found the request itself, as stated in R. David's letter, astonishing: 234

Wherefore did your honour see fit to demand payment for these, and even to ask [payment] for that which you have done i n the past, notwithstanding the fact that no payment had been set, according to the conclusion o f the T a l m u d i n the [4th chapter of Tractate Nedarim] We are not entitled to receive payment save for the teaching of Scripture—either as payment for guarding [the children], according to Rav's view, or for teaching them the cantillation of the text, according to Rabbi Johanan—but that one is not allowed to do for teaching Midrash and halakhot and 'aggadot, as is written, ' "As I have commanded y o u " — j u s t as I [instructed you] for nothing, so should you do so for nothing.' 235

2 3 6

He nevertheless acknowledged the legitimacy of one of the arguments that could have been propounded by R. David— namely, that his teaching required special effort on his part, as 'the students did not understand the Talmudic text after it was stated only once, and on this ground he could demand a salary from t h e m ' . However, as R. Meir also recognized that the community could reasonably 'argue in their defence, as R. Isaac of Corbeil's Sefer Mizvot Katan states, that it is nevertheless a meritorious act [mizvah] to repeat [the lesson] several times, one could reasonably argue that his [R. David's] intention was [to teach] only for the sake of this meritorious act; perhaps they actually thought that such was the rabbi's intention and they did not set aside salary for him'. On what grounds then could R. David base his claim? 'He could find no justification for taking salary retroactively for being their authority in matters of ritual and divorce and marriage!' Rabbi Meir added: 'And if your honour will state that in these times a rabbi takes payment from the community, it is only on the basis of the argument given by R. Isaac in the Tosafot [in the 13th chapter of Tractate 237

238

I t should be stressed i n this context that R. M e i r nowhere i n his w r i t i n g s m e n t i o n e d R. D a v i d ' s teaching activity, nor his r u l i n g i n controversies, so that M a r x ' s c r i t i c i s m ( ' T h e L i f e o f an I t a l i a n R a b b i ' , 613 n . 24) o f M . G i i d e m a n n ' s remarks ( ' D i e Neugestaltung des Rabbinerwesens', MGWJ 13 (1864), 4 3 ) seems to m e q u i t e superfluous. 2 3 4

2

N e d a r i m 37a. D e u t . 4: 5. O n this p o i n t R. D a v i d argued that he d i d n o t w i s h for a n y t h i n g , became a repetitor o f his o w n w i l l ! I n d e e d , 'such was the rabbi's i n t e n t i o n ' , b y his o w n testimony! 2 3 5

2 3 6

2 3 7

2 3 8

b u t that

he

152

j . The Community-Appointed

Rabbi

Ketubot], in which he explains that the judges [who issued] ordinances sat in judgement at all times, and were not engaged in any labour, having no other source of income, so that it was incumbent upon the community to support them.' According to his statement, R. Meir was well acquainted with the 'reward' which scholars received from communities, but he saw this as a payment 'based upon the answer of R. Isaac'—that is, what the Talmudic sources define as 'trouble and loss of time' alone and not based upon the actual parameters of the task of the Torah teacher as defined by R. David ibn Yahya in his letter. I f R. David in fact based his demand upon these parameters, 'he could not find any basis for doing so' for [God said] 'just as I [taught] for nothing, so shall you [teach] free of charge'! This response is nevertheless surprising. Did not R. Meir know of many rabbis who received large salaries from their communities outside the framework of 'R. Isaac's answer'—that is, even without any obligation on their part to be available for the needs of the public at all times and to refrain from engaging in any other occupation? We may conclude from this that a clear distinction was drawn between a definite grant allocated by the community to a rabbi who might also perform other tasks, and one which the community had not promised to the rabbi in advance and for which, in R. Meir's view, there was no justification in terms of the services rendered by the rabbi to the community. Thus, his assumption was that such a grant is unrelated to the actual content of the office, for which reason the rabbi's services cannot be assessed retroactively. This was true even in such cases as that of R. David, in which the community had promised him a given amount from a certain date onwards. R. Meir did not explain the grounds for the community supporting a rosh-yeshivah such as himself, a point to which I shall return. I n any event, the difference between the approaches of R. Meir and of 239

240

241

2 3 9

K e t u b o t 105a, s.v. gozrei

gezerot.

T o concretize this matter, see the f o r m u l a t i o n o f the a p p o i n t m e n t o f R. Isaac de Lattes i n Sect. 2 o f this chapter. E v e n the stipend received by R. J u d a h M i n z ' f r o m the c o m m u n i t i e s ' was only for his position as rosh-yeshivah and for teaching i n his o w n home, as a repetitor, those students who were unable to pay (see Porges, 'Elie Capsali', 3 4 - 5 ) . 2 4 0

As we have noted, R. M e i r occupied the office o f rosh-yeshivah i n Padua. I t is likely that the custom o f g r a n t i n g the rosh-yeshivah a generous stipend was not altered i n that place, as had been the practice at the time o f R. J u d a h M i n z , who received one h u n d r e d florins a year. 2 4 1

j . Differences:

Ashkenazim

and Sephardim

153

R. David on this question may be summarized as follows: R. David saw the specific definition of the office as essential, the other components being eventually added depending upon local conditions, while R. Meir considered such an office as invalid per se, but saw its contents as providing a possibility for the natural expansion of the role of the rosh-yeshivah in public life. We find here a striking example of the difference in approach between the Ashkenazic and the Sephardic worlds within Italy, in the wake of the reconstitution there of the Sephardic model of the 'Torah teacher'. It may reasonably be claimed that the Spanish exiles brought with them the model of the Torah teacher wherever they settled in sufficient numbers to allow them to organize an independent community, or at least to have a tangible influence upon the life of the community at large. We have mentioned already the existence of this office in various places in southern Italy. Evidence from the beginning of the sixteenth century may also be brought from central Italy, as demonstrated by the testimony of R. Eli'ezer ibn-Zur, a Sephardic marbiz Torah in Recanati. Another document from the same region concerns the presence in the area of the Marches of a scholar who received an annual salary from the Regional Community Council; the document relates how that scholar sent a letter to the community heads requesting that they continue to pay his annual salary. The author of the document, R. Jehiel Trabot, does not state the exact reason for which the salary requested was paid 'as they have been accustomed until now' and 'as is written in the Register of the Community'. He stressed only that 'he always has a heavy burden from those who come to him every day, requesting rulings in disputes which occur among them or to write for them, and nobody thinks of giving me so much as a penny'. It is difficult to determine from this whether his implied complaint refers only to his work writing documents on behalf of individuals, or whether it also refers to the loss of time involved in issuing halakhic rulings on questions of everyday disputes. T h e juxtaposition of the two subjects would suggest that the rabbi did not see himself as formally obliged to perform either task. I n any event, there is a striking similarity between the wording used here and that used by R. David ibn Yahya: they both imply that the salary received 242

243

See Sonne, ' T h e General S y n o d i n I t a l y ' , 651-5.

2 4 3

I b i d . 655-8.

154

3- The Community-Appointed

Rabbi

from the community created a framework of moral obligation on their part towards the community, of which both sides are aware. Because of this, they took upon themselves certain tasks, despite the fact that from a formal point of view they were not obliged to fulfil these tasks. On the other hand, there is a striking difference between the formulation of the elderly R. Jehiel Trabot, who was of French origin, and that of the Spaniard R. David. The latter laid claim to additional payment on the basis of a well-defined office, while the former requested a continuation of payment by pointing out the benefit to the public from the presence of a scholar, free to involve himself with their needs upon request. Why did the communities decide to pay R. Jehiel Trabot, as evidenced by the community records? It has been suggested that this is evidence of the existence of a model of a 'rabbi of the Regional Community Council', whose main function was to serve as scribe of the Council when its leaders met, and perhaps to rule on inter-communal disputes. However, it is difficult to imagine that R. Jehiel Trabot was granted the relatively high salary of 48 florins a year in order to fulfil these two functions alone. It seems rather to have been an expansion of the position of the (community-supported) rosh-yeshivah, such as R. Judah Minz in Padua, a model of Ashkenazic origin created after the establishment of the rabbinate within the framework of the community organization, following the influences from the Sephardic world. I n substance, it would seem that R. Jehiel Trabot's ideological axioms and his understanding of his own role in the community closely matched that of R. Meir of Padua. We may thus conclude that the institution of 'Torah teacher', brought by the Spanish exiles, coalesced with other factors mentioned above in shaping the office of community-appointed rabbi within the specific situation in northern and central Italy, where the German and French Jews played a major role in the shaping of the intellectual atmosphere. R. Meir of Padua's responsum was in fact recorded one year before the first rabbinic 244

I b i d . ; Shulvass, Renaissance, 100. T h e Regional C o m m u n i t y C o u n c i l (Va'ad ha-Medinah) was the council o f the representatives o f the c o m m u n i t i e s , who were u n i t e d f r o m a t e r r i t o r i a l p o i n t o f view i n t o one organizational f r a m e w o r k , p r i m a r i l y for the purpose o f relations w i t h the non-Jewish government. 2 4 4

8. Special

Tasks

155

appointment from V e r o n a . We have already seen how the status of the communal rabbi in northern Italy depended largely upon the specific way in which the office took shape in a given community, in accordance with local conditions and population. Both the exchange between R. Meir of Padua and R. David ibn Yahya and the statement of R. Jehiel Trabot suggest that this interdependence had its roots in a theoretical dialectic. Thus, the model of the community-appointed rabbi emerged from the ideological tension generated by the meeting on Italian soil between the form of the rabbinic office defined in the Sephardic tradition and the institution of rosh-yeshivah accepted in the Ashkenazic world. Chronologically, the period of growth of this institution in the communities of northern and central Italy overlapped with the final years of the Jewish community in southern I t a l y . Thus, during the period under discussion, the office of community-appointed rabbi existed in practice in a framework other than that of the Sephardic model of 'Torah teacher' only in northern Italy, and in the light of the abovementioned trends. 245

246

8. S P E C I A L

TASKS

All the functions of the Torah teacher reappear in the office of the community-appointed rabbi. This was similar to what took place in the encounter with the Ashkenazic model of the rosh-yeshivah. I n the first rabbinic appointments from Verona, the task of teaching the members of the community is defined in the same way as it is defined in the office of Torah teacher. In rabbinic appointments from other communities, at least thirty years later than that of Verona, a considerable emphasis is placed upon the teaching functions of the community rabbi, even though 247

As R. D a v i d i b n Yahya's letter is dated 1538, i t is reasonable to assume that R. M e i r answered h i m the same year. As we m e n t i o n e d above, the first rabbinical a p p o i n t m e n t , f r o m Verona, was i n 1539. A discussion similar to that o f R. M e i r i n his responsum may be f o u n d i n M . Isserles, Teshuvot ha-RaNV A (ed. A . Siev), sect. 50. See also Ben-Sasson's discussion, Hagut ve-Hanhagah, 170. As is well k n o w n , the Jewish settlement i n southern I t a l y terminated i n 1541. See the appointments f r o m Verona for the years 1539 and 1542, and cf. the appointments o f 1569, 1583, 1584, 1586, 1589, 1592, and 1593. N o t i c e that the first a p p o i n t m e n t d o c u m e n t even defined the office i n general terms by the w o r d s ' t o spread T o r a h ' (le-harbiz Torah). 2 4 5

2 4 6

2 4 7

156

j . The Community-Appointed

Rabbi

the exact programme of study is not always stated in detail— perhaps because these matters were considered as self-evident by virtue of well-established tradition. The same is true for the obligation to deliver sermons on Sabbaths and holidays. While this obligation is explicitly stated in the appointments issued in Verona beginning in 1588, in Padua in 1596, and in Casale in 1598 and 1599, even in those documents in which it was not, this would seem to be simply because it was so self-evident. Possibly, as well, the emphasis in the later appointments upon the rabbi's obligation to preach may be one of the indications of the crystallization of the office towards the end of the sixteenth century. At this point, rabbis already tended to see their position integrated in an organic way within the leadership structure of the community, and not only in terms of specific services in return for which they received a fixed salary. For this reason, they might be tempted to excuse themselves from the burden of delivering a sermon every Sabbath. A clear indication of such a possibility appears in the appointment of R. Mordecai Bassan in Verona in 1599: the community exempted him from preaching every Sabbath, employing another fixed preacher instead, but they did require him to preach at least on those three sabbaths every year 'on which it was a fixed practice to pledge donations for the Holy Land, for its scholars and its poor—namely: on Shabbat Nahamu 248

249

[the

Sabbath

Teshuvah Atonement], sabbaths",

following

the fast

[the Sabbath

and Shabbat on which

day

between New Shekalim

the Torah

portion

of

Tisha

Year's [the first

Day

be-Av],

of the four

regarding

Shabbat

and the Day monetary

of

"special gifts

to

the Temple was read]'. In any event, the rabbi retained the right to preach whenever he wished to do so, without anyone having the right to protest. The 1593 appointment from Padua also explicitly mentions his obligation to rule on ritual questions, as does that of Cremona. It seems quite clear from the latter 250

251

Cf. the a p p o i n t m e n t f r o m Padua for the years 1585 and 1596 and that f r o m Casale for 1598 and 1599. 2 4 8

Cf. the phrasing o f the a p p o i n t m e n t f r o m Padua for the year 1596: 'and he w i l l be r e q u i r e d to preach i n p u b l i c on Sabbaths and holidays, as well as to teach every m o r n i n g i n the great synagogue, as was customary i n olden times.' L i k e w i s e , the w o r d i n g o f the a p p o i n t m e n t i n Casale f r o m 1598: 'and he is r e q u i r e d to study and to preach i n p u b l i c as i n early days.' T h i s confirms Shulvass's c o m m e n t i n ' T h e S t u d y o f T o r a h ' , 122 n . 66. 2 4 9

H e r e also, the influence o f the Ashkenazic patterns is doubtless reflected. Cf. K a t z , Tradition and Crisis, 172-3. See on this p o i n t C h . 6, Sect. 4. 2 5 0

2 5 1

g. Salaries

of Community

Rabbis

157

document that those unqualified expressions referring to the rulings of the rabbis applied to ritual matters; this seems to have been the case from the very first appointments to the rabbinate. I n Verona in 1588, those who sought a rabbi to succeed the elderly R . Yo'ez were told 'to seek a master who is a preacher and teacher and shall lead the people in the right p a t h ' . There is no doubt that this sentence, in which all three of the previously mentioned functions of the Torah teacher appear in the explicit definition of the office, indicates the shape it had taken until that year. T o these tasks there was gradually added, in the communities of northern Italy, another function reminiscent of that found among the Ashkenazim—namely, the supervision of study arrangements within the community. However, what essentially determined the status of the appointed rabbi in the communities of northern Italy, and even made such an appointment possible, was the potential for the position's organic growth through its combination with the function of rosh-yeshivah, as well as the involvement of the appointed rabbi in the community leadership, particularly in the area of legislating ordinances. These two aspects, which arose against the background of the ideological problem inherent in the conflict between the theories of R . Meir of Padua and of R . David ibn Yahya, brought about a situation in which the borrowing from the 'Spanish' office of Torah teacher not only involved additional tasks, but also substantive change in the understanding of the task of this office. 252

253

254

255

9. T H E S A L A R I E S OF C O M M U N I T Y - A P P O I N T E D

RABBIS

An examination of rabbis' salaries in the sixteenth century will confirm the conclusions reached thus far. Obviously, in order to T h e f o l l o w i n g is the w o r d i n g o f the text: ' I f the members o f the congregation or any i n d i v i d u a l should need to k n o w the true law concerning f o r b i d d e n and p e r m i t t e d matters, they shall t u r n to the above-mentioned Excellent R a b b i (Ga'on), and his h o n o u r shall show t h e m the p a t h by w h i c h they shall go, according to G o d ' s goodness u p o n them.' Cf. e.g. the appointments f r o m Verona ('we accept u p o n ourselves as head, p r i n c e , judge and teacher the Ga'on R. Johanan'), f r o m Padua f r o m the years 1579 and 1585 ('to teach'), and f r o m Casale f r o m 1596 ('to be a r a b b i and teacher o f the congregation') and 1606 ('that he should be again as at the b e g i n n i n g a r a b b i and righteous teacher'). 2 5 4 p i n k V e r o n a ' , i i , fo. 141a; Sonne, 'Basic Premisses', 169, D o c u m e n t 15. 2 5 2

2 5 3

4

2 5 5

a s

See Sect. 4 d .

158

J - The Community-Appointed

Rabbi

understand correctly the value of a certain sum of money in any given period, one must first know its purchasing power; that is, one requires information concerning the cost of goods and the average consumption of these goods at various levels of society. As such an undertaking would be too complex within the context of the present work, I will limit myself to a few scattered considerations which, while admittedly less useful for constructing an overall picture, will require far less digression from the subject. As a basic parameter, I shall try to compare the salaries of rabbis with the daily wage of builders. While one might argue that such a parameter is unsuitable to our purposes, both because of the difference in social level between the rabbis and the builders and because of the seasonal nature of building, its use will be justified on the basis of the fact that the initial comparisons may be complemented by comparative study of the daily wages of builders and the price of basic commodities, a task already performed by economic historians of the Middle Ages. I n this manner, we can also examine in a concrete way the extent to which the concept of 'payment for loss of time', by which the rabbi's salary was designated, was a mere modus loquendi and to what extent it had real meaning. Table i , indicating the size of the daily salary of master builders (maestri) and apprentices (lavoranti) in Venice during the second half of the sixteenth century, is taken from the study by Brian Pullan, whose work on the economic history of Italy during this period is well k n o w n . We may reasonably assume that the salary of builders did not greatly vary from region to region, and certainly not within the borders of the same region, such as between Padua and Verona. Let us now compare the salaries of the community rabbis 256

257

258

259

260

2 5 6

e.g. E. H . Phelps B r o w n and S. V . H o p k i n s , 'Seven Centuries o f the Prices o f

Consumables C o m p a r e d w i t h B u i l d e r s ' " W a g e R a t e s " ' , Economica,

N S 23 (1956), 2 9 6 -

3i4e.g. the first a p p o i n t m e n t o f the r a b b i o f Verona and the a p p o i n t m e n t o f R. Samuel A r c h i v o l t i i n Padua f r o m 1593. As is k n o w n , i n halakhah ' p a y m e n t for idleness' (paid to rabbis, cantors, teachers, and the like) is calculated o n the basis o f the wages o f a day-labourer. See B. P u l l a n , 'Wage-earners and the Venetian E c o n o m y , 1550-1630', The Economic History Review, 16 (1964), 407-26; i d e m , Rich and Poor in Renaissance Venice, 180. Cf. e.g. G . Parenti, 'Prezzi e salari a Firenze dal 1520 al 1620', i n / prezzi in Europa dal X I I I secolo a oggi; saggi di storia dei prezzi raccolti e presentati da Ruggiero Romano ( T u r i n , 1967), 205-58. T h e author o f this article cites, as the daily wages o f a construction worker i n Florence: i n 1520, 15.8 soldi; i n 1556, 24 soldi; i n 1573, 35 soldi; i n 1581, 35 soldi; i n 1602, 40 soldi. 2 5 7

2 5 8

2 5 9

2 6 0

g. Salaries

of Community

Rabbis

159

Table 1. Daily wages o f builders i n Venice, i n soldi di piccoli (1 Corinthian ducat = 1 2 4 soldi)

Master builder

Year

Apprentice

18.00

1545 1546

24-75 29.41 28.71 30.20 32.04

1581-5 1586-90

3491 33-71 38.33 4437 42.87

20.18 19.30 22.98 19.82 24.14 22.18 22.84 26.82 27.08

1591-5 1596-1600

46.95 50.24

33.30 36.70

I55I-5

1556-60 1561-5 1566-70 I57I-4

July 1577 1580

Table 2.

Year

Rabbinic income compared w i t h that o f builders i n Venice

A n n u a l rabbinic salary as stated i n appointment

A n n u a l rabbinic salary i n Venetian

Days worked for equivalent income

soldi

Master builder

Apprentice

Padua 1579 1581 1584 1588 1593 1596

25 25 25 25 25

4+ + + 4-

10 10 10 17 15

10 4- 10

ducats ducats ducats ducats ducats scudi

4,960 4,960 4,960 5,208 4,960 2,720

14713 111.78 111.78 121.48 105.64 54H

223.62 184.93 18493 192.31 148.94 74.11

160

j . The Community-Appointed

Rabbi

Table 2 (cont.)

Year

Annual rabbinic salary as stated i n appointment

A n n u a l rabbinic salary i n Venetian soldi

Days worked for equivalent income Master builder

Apprentice

Verona 1543-5

15 ducats

1549 1557 1559

8 ducats 6 ducats 6 ducats + 8 scudi for teaching 6 ducats 4- 8 scudi, as above 6 ducats 4- 8 ducats 14 ducats (total, exclusive o f scribal fees) 16 ducats (as above) 75 scudi muzingo 30 ducats 4- free rental equiv. 22 ducats ditto 18 ducats 4- free rent as above (45 ducats total)

1565

1567-9

1,880 a

b

0

1579

1580 1584 1593

1596 1599

40.08

744

25-91

38.54

936

32.60

48.49

936

30.99

40-73

^736

54.i8

87.58

1,736

45-29

76.00

1,984

51-76

86.86

40.56

67.11

137-33 128.34

19363 17569

110.66

15149

i,8oo

6,448 6,448

f

104.40

992

5,56o

d

e

T h e reason for the deterioration i n the terms o f salary is explained i n the a p p o i n t m e n t . T h e younger R. Yo'ez was appointed i n this year, and i t was n a t u r a l that his salary be d e t e r m i n e d accordingly, p a r t i c u l a r l y as the previous r a b b i was still alive. T h e salary conditions i n 1567 were identical w i t h those i n 1569. T h e text o f the 1569 a p p o i n t m e n t is cited i n the H e b r e w version o f this book, D o c u m e n t 2 1 , p. 240. T h i s was the salary given to R. A b r a h a m M e n a h e m P o r t o h a - K o h e n at his a p p o i n t m e n t a

b

c

d

as assistant to R. Yo'ez. T h i s was the salary given to R. M o r d e c a i Bassan, b u t he accepted i t o n l y w i t h great reluctance. See the a p p o i n t m e n t . e

f

g. Salaries

of Community

Rabbis

161

in Padua and Verona, as stated in their letters of appointment, with that of the builders (see Table 2 ) . I n calculating the salary of the appointed rabbi in Padua, the extra sums which the rabbi received from the various confraternities for study and for charitable works throughout the period of his appointment have been taken into account. However, in calculating the salary of the rabbi in Verona, the sums received for his services as scribe have not been considered, as in most of the documents this sum appears separately from the stipend granted to the rabbi for his 'loss of time' in performing the task of av bet din and in teaching the community. In order to clarify the picture further, the salary of the community-appointed rabbis should be compared with those of cantors and teachers. I n Verona in 1572, the cantor received an annual salary of 16 ducats, plus an exemption from ordinary taxation; in 1573, 12 ducats; in 1575, 18 ducats. In Padua, the cantor received 12 ducats in both 1586 and 1 5 8 7 ; in 1588, 15 ducats, plus rent-free use of the apartment in which he l i v e d ; the same was true in 1 5 9 0 ; in 1591, 20 ducats; 2 6 1

262

263

264

265

266

267

268

2 6 1

2 6 9

270

See A p p e n d i x 2 for a list o f these appointments.

See Pinkas Padua, 49, and the editor's notes there. T h e c o m m u n i t y saw itself as responsible for the payment o f that a d d i t i o n , i n those cases where the Confraternities for T o r a h study and Free Loans were unable to meet the promised payments. I n other words, i t saw itself as responsible i n every event for paying the additions over and above the fixed salary. See especially o n this matter the a p p o i n t m e n t for the year 1596. 2 6 2

See also at the end o f Sect. 6 o f this chapter. I t is stated i n the appointments o f 1542, 1549, and 1569 that the ducat referred to is based u p o n a value o f 4 l i r e and 13 soldi ( w h i c h is the equivalent o f the Venetian ducat). F r o m the t i m e o f the conquest o f Verona by Venice, the Veronese currency continued to be used, based u p o n the ratio that these coins bore to the Venetian currency at the t i m e o f the conquest, i.e., 3:4. Venice m i n t e d coinage for the conquered areas o f different values f r o m its o w n , so that the Venetian coins were k n o w n to have different values w h e n they were quoted i n local terms. L i k e w i s e , the ducat o f Venice, valued at 6 l i r e and 4 soldi, was converted to Veronese money according to the ratio o f 3:4, that is to say, 3/4 o f 124 = 93 soldi o f Verona, w h i c h was exactly 4 l i r e and 13 soldi, as mentioned i n the appointment. O n all this, see Q. P e r i n i , Le monete di Verona (Rovereto, 1902), 4 0 - 3 . A n o t h e r c o i n mentioned i n the appointments is the scudo mocenigo, whose value was set as the equivalent o f 24 soldi o f Venice f r o m 1525. See o n this N . Papadopoli, Le monete di Venezia (Venice, 1907), i i . 140. I do n o t refer here to the value o f the gold scudo o f Verona, m e n t i o n e d i n these appointments o n l y i n connection w i t h the salary received by the appointed r a b b i i n Verona for his services and by the scribe o f the c o m m u n i t y . 2 6 3

2 6 4

2 6 7

2 6 8

2 7 0

'Pinkas Verona', i i . fo. 88a. ™ I b i d . fo. 90b. I b i d . fo. 99b. Pinkas Padua, sect. 234, p. 193; sect. 254, p. 2 0 1 ; sect. 289, p. 216. I b i d . sect. 321, p. 239. I b i d . sect. 377, p. 267. I b i d . sect. 418, p. 283. 2 6 6

2 6 9

162

3. The Community-Appointed

Rabbi

in 1593, 24 ducats; in 1594, 26 ducats; in 1597, ^4 ducats; and in 1601, 28 ducats. I n Casale, a schoolteacher was hired 'to be the slaughterer and to assist with other needs of the community, such as to assist in leading prayers and other matters'. I n 1591, his salary was '50 scudi or 9 florins'; in 1596, 40 scudi, exemption from communal taxes, and a free seat in the synagogue for himself and his wife. I n 1582, in exchange for teaching the children of one wealthy man, a teacher in an unidentified place received 60 ducats; in 1593, a tutor in Pesaro received 4 florins a month for teaching one girl and, in 1596, 3 florins a month. These examples might easily be multiplied. By comparing the monthly wages for teaching one child with the annual salary paid to teachers by their communities, it would appear that the latter was based upon the addition of children of limited means to the roster of these same teachers' private students. From all that has been said, one arrives at one simple, clear conclusion: that the salary of the community-appointed r a b b i s did not represent an adequate living wage. Particularly striking is the contrast between the 'reward' offered to R. Isaac b. Emmanuel de Lattes when he sought the position of rosh-yeshivah in Pesaro in 1 5 5 7 — 1 0 0 gold scudi, as well as a suitable apartment—with that of the community rabbi in Verona during that same year—6 ducats all told! I f we remember that the value of a gold scudo (which was slightly less than that of a gold ducat) was, at the time, nearly eight lire, and if one assumes the value of rent-free accommodation as approximately 20 ducats a year, 271

272

273

274

275

276

277

278

279

280

2 8 1

282

2 7 1

I b i d . sect. 500, p. 310.

2 7 2

I b i d . sect. 536, p. 321.

2 7 3

I b i d . sect. 619, p. 354.

2 7 4

I b i d . sect. 685, p. 385.

2 7 5

'Pinkas Casale', fo. 10. These florins are actual silver coins (fiorino di

2

™

2 7 7

I b i d . fo. 17. See R. Y . H e i l p r i n , Teshuvot

Nahalat

Ya'akov

Monferrato).

(Padua, 1623), sect. 14.

See S. Assaf, Mekorot, i i . 121. These statements are made here by way o f generalization, a l t h o u g h one m i g h t obviously argue that note should be taken o f f u r t h e r distinctions between one c o m m u n i t y and another, and even between one r a b b i and another i n t w o different periods i n the samecommunity. T o define this p o i n t f u r t h e r , let me add that these rabbis earned i n one year w h a t a construction foreman received i n one m o n t h , or even less. T h u s , a c o n s t r u c t i o n foreman i n Venice, w h o also kept the books on the basis o f w h i c h P u l l a n prepared the table cited above, received as his m o n t h l y salary before 1578 the sum o f 24 ducats; f r o m Feb. 1578, 30 ducats; f r o m M a r . 1582, 36 ducats; f r o m Feb. 1587, 46 ducats; f r o m Feb. 1596, 72 ducats. See Pullan, 'Wage-earners and the Venetian E c o n o m y ' , 425 n . 2. See F r a n k e l , ' T h r e e L e t t e r s ' , p. 24 and cf. the various rabbinic appointments. See i n T a b l e 2 the salary o f the r a b b i o f Verona f r o m 1593 onwards. 2 7 8

2 7 9

2 8 0

2 8 1

2 8 2

g. Salaries

of Community

Rabbis

we find that the 'reward' offered to R. Isaac de Lattes was some twenty-five times greater than the salary of the appointed rabbi in Verona at the same time! Also we must not forget that the community-appointed rabbi in Verona was, from the very beginning of his term of office, the rosh-yeshivah of the community as well. We may therefore conclude that the essential parameter for determining the minimum salary of the appointed rabbi was actually the concept of 'payment for loss of time', the assumption being that the rabbi would devote no more than a small portion of his time to the community, and that his primary income would be derived from some other source. On the other hand, one 283

I t is sufficient to verify this w i t h regard to the rabbis o f Verona, Padua, and Casale, whose salaries are discussed above i n detail. T h u s , R. Johanan, the r a b b i o f Verona, was a school teacher, so that the c o m m u n i t y saw f i t to state e x p l i c i t l y i n his first a p p o i n t m e n t i n 1539 that 'he shall n o t be allowed to teach m o r e t h a n seven hours daily, at most'; this is elaborated i n his second a p p o i n t m e n t , i n 1543: 'he may n o t teach m o r e than seven hours d a i l y , and the rest o f the t i m e w h i c h is left over he shall deal w i t h matters p e r t a i n i n g to the welfare o f the congregation . . .' H i s son-in-law R. Yo'ez, w h o succeeded h i m i n this post, was apparently a money-lender; his name twice appears i n the list o f people w h o received back the money w h i c h they loaned ' t o the c i t y to b u y i n exchange grain to p r o v i d e sustenance for the poor people o f the c i t y ' (see 'Pinkas V e r o n a ' , i . fo. 16b, 29b). I t is n o t clear what R. A b r a h a m M e n a h e m P o r t o ha-Kohen's occupation was. I t is possible that he also w o r k e d as a teacher, a h i n t o f w h i c h may appear i n the phrase, 'and his T o r a h is his occupation', w h i c h appears on his a p p o i n t m e n t i n 1588. T h i s expression is not to be understood as an o b l i g a t i o n to engage exclusively i n teaching members o f the c o m m u n i t y and dealing w i t h t h e i r needs, as the c o m m u n i t y d i d n o t p r o v i d e h i m w i t h an adequate l i v e l i h o o d . H o w e v e r , the c o m m u n i t y d i d exempt h i m f r o m 'every tax and b u r d e n ' u p o n those incomes d e r i v i n g f r o m 'his T o r a h w h i c h was his profession', as against that income d e r i v i n g f r o m 'some business . . . i n trade', i n w h i c h case i t was stated that he should also 'stand . . . before the assessors o f the H o l y Congregation like one o f the members o f the congregation'. I n a d d i t i o n , he engaged also i n proof-reading books and possibly also i n medicine (see Benayahu and Laras, ' H e a l t h Officials', 8 0 - 1 ) — t w o professions neither o f w h i c h is considered as trade, and are therefore exempt f r o m taxes and levies. R. M o r d e c a i Bassan also taught schoolchildren and was a bookkeeper. I n 1590, he declared o f h i m s e l f before the I n q u i s i t i o n , before he was appointed as c o m m u n i t y r a b b i : 'et ho 43 a n n i incirca; la m i a professione era ch'io attendeva ai s t u d i i , et son R a b b i , et tenevo scolari ai q u a l i insegnava, ma da tre anni i n qua incirca ho cambiato professione, perche con questo m o d o n o n potevo acquistar a me i l vivero et alia mia famiglia, andai . . . i n una bottega a tener conto de l i b r i . . .' ( q u o t e d b y C. Boccato, ' U n processo c o n t r o ebrei d i Verona alia fine del Cinquecento', RMI 40 (1974), 360). Despite the phrasing w h i c h he used here i n his testimony before the C h r i s t i a n judges, i t seems to me that he was n o t so poor, as p r i o r to his a p p o i n t m e n t he even served as parnas o f the c o m m u n i t y . R. Samuel A r c h i v o l t i , the appointed r a b b i i n Padua, was k n o w n n o t to be p a r t i c u l a r l y wealthy. Before he came to Padua, he was a p r o o f - r e a d e r — f o r example, o f Sefer ha-Arukh (Venice, 1553), and Bi'ur Sefer Kohelet o f R. Elisha G a l l i c o (Venice, 1578)—and, as was the c u s t o m , also p u b l i s h e d various short books w h i c h were dedicated t o wealthy patrons (see C h . 4, Sect. 2). I n 1602, w h e n he was r a b b i i n Padua, he p u b l i s h e d under his o w n i m p r i n t Sefer 'Arugat ha-Bosem (see the phrase i n the i m p r i m a t u r [licence] o f this book by the Rabbis o f Venice: '. . . and he d i d n o t spare his b u n d l e o f money to p u b l i s h 2 8 3

164

J . The Community-Appointed

Rabbi

should not dismiss completely the value of the sums which were disbursed: even if they were inadequate to enable the rabbi to support himself, their value was not entirely symbolic; they were certainly significant for people who did not earn their own livelihood easily during the great 'price revolution'. Moreover, during a period of increased fiscal pressure on the Jews, in which their continued residence in certain locations often depended upon their ability to provide generous bribes and 'gifts' to the Christian officials, even the wealthiest individuals tended to become stingier, and the possibility of fund-raising for purposes other than sheer physical survival became limited, and in some cases was not related to the actual economic situation in a direct manner. For this reason, we must suppress the temptation to smile when we encounter such decisions as that of the community of Verona to reduce the salary of their rabbi from 15 to 8 ducats a year 'for the members of the community cannot afford any more, as we have until n o w ' . The rabbi agreed to this 'of his own free will'. Indeed, slightly more than half a ducat a month was hardly worth squabbling over; nevertheless, he had to find these pennies elsewhere; if he was a teacher, this meant the addition of another pupil from the ranks of the poor. The emphasis on the problem of salary in the community decisions pertaining to the hiring of rabbis, together with the anxiety lest there not be enough money in the treasury from which it was meant to come, clearly indicate the importance attached to these sums, and the fact that they were not perceived as symbolic only. But for that very reason, it is doubly important to see things in their proper perspective. Indeed, throughout the entire period during which the office of community rabbi was taking shape, the salaries paid to the rabbis were little more than 'payment for idleness', in the most literal sense. I f so, on what basis did the community grant the yeshivah heads a stipend so much higher than the 'payment for idleness' of the community rabbis? We must have recourse here to a set 284

it . . . ' ) . Nevertheless, one should not assume that all these were adequate to s u p p o r t h i m , and we can only conjecture that his p r i m a r y income also came f r o m schoolteaching the other sources, such as being the scribe o f the Regional C o u n c i l . F o r this office he received 8-12 ducat p.a.; see 'Pinkas h a - M e d i n a h be-Padua', fos. 7b, 69b, 76a, 78b, 83b, 91b. R. A b r a h a m Provenzali, the c o m m u n i t y - a p p o i n t e d r a b b i i n Casale, was a physician (see the conclusion to Sefer Shiltei 2 8 4

See the appointments o f

ha-Gibborim 1549.

by R. A b r a h a m Portaleone).

g. Salaries

of Community

Rabbis

165

of concepts based, not upon the functions or tasks performed by the rabbi, but on the prestige which the community felt that it gained from his presence among them. This naturally related to the prominence of the rabbi himself and the importance of the yeshivah at whose head he stood. One finds a similar situation among university lecturers: during this period, university instructors did not receive a salary in the accepted sense of the word, but a sum fixed by special contract, which might vary greatly. Already between the years 1485 and 1488, the teachers in the major universities of Florence received between 200 and 300 florins per annum, while the lower salaries were in the region of 60 florins per a n n u m . At the same time, there were lecturers in Padua and elsewhere who received 1000 ducats annually. In the light of such a situation, it is not surprising that R. Isaac de Lattes, who was among the leading rabbis of his generation, would be offered a sum of 100 gold scudi and a free apartment to be rosh-yeshivah, while the rosh-yeshivah in Verona, who was also the community-appointed rabbi, only received a total of 6 ducats all told in that same year! This conclusion corresponds to the ideological framework proposed by R. Meir of Padua in his response to R. David ibn Yahya, and our own conclusion as to the change which took place when the model of Torah teacher was transferred to the communities of northern Italy. Despite the above situation, and in contrast with it, the Torah teachers received living salaries, albeit rather modest ones: R. David requested 100 scudi per year, while reporting that R. Ariel, who received only 80 scudi a year in Sulmona, and R. Isaac Corcos, who received 70 scudi per year 285

286

287

288

O n e m a y perhaps also p o i n t o u t another s i m i l a r i t y between university teachers a n d c o m m u n i t y - a p p o i n t e d rabbis i n the length o f their t e r m o f a p p o i n t m e n t , w h i c h was for 2-3 years, a n d i n certain rare cases 5 years. See A . V i s c o n t i , La storia de IP Universita di Ferrara (Bologna, 1950), i . 23. Perhaps this fact, w h i c h also points t o the way i n w h i c h the office was understood b y contemporaries, ought t o be added t o the fact that there is no i n d i c a t i o n o f a struggle i n I t a l y , t h r o u g h o u t t h e period under discussion, t o convert the c o m m u n i t y - a p p o i n t e d rabbinate i n t o a fixed office, as i t was i n G e r m a n y a n d Poland. See Ben-Sasson, Hagut ve-Hanhagah, 178-80. Nevertheless, we do n o t k n o w o f a single c o m m u n i t y - a p p o i n t e d r a b b i w h o left his congregation against his w i l l . 2 8 5

See V i s c o n t i , La storia delF Universita di Ferrara, 2 7 - 8 . See C. T r i n k a u s , ' A H u m a n i s t ' s Image o f H u m a n i s m : the I n a u g u r a l Orations o f Bartolomeo della F o n t e ' , Studies in the Renaissance, 7 ( i 9 6 0 ) , 9 1 . See G . de Sandre, T l Collegio d e i Filosofi e le p r i m e vicende del M o n t e d i Pieta i n Padova', Quaderni per la storia delP Universita di Padova (Padua, 1968), 86; E . A s h t o r , ' I salari n e l m e d i o oriente durante 1'epoca medievale', RSI 78 (1966), 321-49. 2 8 6

2 8 7

2 8 8

166

J . The Community-Appointed

Rabbi

in Otranto, 'were poor'. Similarly, at the beginning of the century R. David ben Messer Leon received 70 florins a year in Valona. These salaries may reasonably be compared with that received, for example, by the private physician of Pope Leo X — 8 ducats a month. I n other words: in a situation in which the office of Torah teacher was defined, as we have seen, in terms of its specific contents, its occupant was treated as the equivalent of an expert in the natural sciences, providing fixed services in the area of his expertise. All this must likewise be understood in terms of the revolution in thought taking place during that period with regard to the determination of salaries: namely, the concept of salary as offered in exchange for specific services rendered, and not only as a means of providing a livelihood. R. David ibn Yahya understood the concept of salary in this way with regard to the community-appointed rabbi. As we have seen, this concept was not accepted by the communities of northern Italy, and throughout the sixteenth century the salary of the community-appointed rabbi continued to be viewed as 'payment for idleness' in the most literal sense, even though the contents of the office of Torah teacher had been incorporated within it. A clear distinction was drawn in Verona between the 'payment for loss of time' given to the rabbi for the lessons he gave to the community, and the salary he was paid as 'Head Judge of the C o u r t ' , and certainly for such tasks as scribe of the community. 289

290

291

292

293

2 8 9

2 9 0

2 9 1

Kultur 78-9. these done

See M a r x , ' T h e L i f e o f an I t a l i a n R a b b i ' , 621. Messer L e o n , Kevod Hakhamim, 5. See the data gathered by L . Geiger at the end o f his e d i t i o n o f J . B u r c k h a r d t , Die der Renaissance in Italien, ( L e i p z i g , 1919), 314-16. C o m p a r e Shulvass, Renaissance, M a r x ( ' L i f e o f an I t a l i a n R a b b i ' , n . 28) has proposed d r a w i n g a comparison between statistics and the salary o f R. D a v i d i b n Yahya, b u t he h i m s e l f has never actually so.

See R. R o m a n o , 'Storia dei salari e storia economica', RSI 78 (1966), 311-20. Particularly interesting is the argument p u t f o r w a r d b y a judge at the end o f the 17th century for his request to free the determination o f the salary o f clerks o f his type f r o m the parameter o f the cost o f l i v i n g : i n his view, one m u s t take i n t o account that the judges m u s t save m o n e y f r o m their salaries against o l d age or for the benefit o f their heirs ('iudices et Magistratus. . . quotannis s u m m a m , a l i q u a m i n area reponant, qua vel suae senectuti vel posteritati consulant'). 2 9 2

See the a p p o i n t m e n t documents f r o m 1559 on. T h e renewal o f the a p p o i n t m e n t as H e a d o f C o u r t was not necessarily considered as a renewal o f the a p p o i n t m e n t to teach, unless this was stated explicitly. See especially D o c u m e n t 27, p. 244 i n the H e b r e w edition o f this book. O t h e r tasks, w h i c h one w o u l d naturally t h i n k o f as i m p l i e d i n the rabbinic office, i n fact were n o t , and special payment was given for t h e m . See A p p e n d i x 3, and cf. the statements o f R. D a v i d i b n Yahya quoted above. 2 9 3

g. Salaries

of Community

Rabbis

167

It therefore seems clear that, despite the fact that the combination of the task of scribe with that of the community rabbi was quite common, the former was not seen in any substantial way as connected with that of the community rabbi. The task of the scribe, which incorporated the distinguished tradition of the medieval notarii, was given to the Talmudic scholar because of his professional expertise even if he was not a community-appointed rabbi. Far more than the protestations of poverty on the part of the leaders of the community of Verona, the above distinction between the payment given for teaching members of the community and that for 'serving as Head of the Court' is indicative of the understanding of the office in its formative years. Throughout these years, the duties of the office holder continued to be seen in terms of well-defined tasks performed within the community, and not as a single, organic whole integrated within the framework of communal leadership. The disappearance of this distinction towards the end of the sixteenth century would therefore indicate the final integration of the office within that framework. This fact provides a more significant indication of the change in the valuation of the office than does the fact that the money for payment of the rabbi's salary, originally taken from special contributions, now came from the communal treasury. One must not forget that the communal treasury was established primarily to provide stipends for scholars and charity for the poor, and that even in those places where the office was well established the rabbi's salary was taken from various types of charitable funds. I n any event, this means of funding the rabbi's salary is certainly no indication of his being an 'inconsequential community official', whose status depended exclusively on the treasury from which his salary was drawn. One should rather stress the fact that the salaries were simultaneously made more consistent (in the proportional sense we have noted above!), and that there began to appear stipulations that, if the rabbi was absent from his community, another one should temporarily fulfil 294

295

296

297

298

Cf. Shulvass, Renaissance, 77, and the sources cited there. B u t see Sect. 12. See the first r a b b i n i c a p p o i n t m e n t f r o m Verona as w e l l as that o f Casale. See i n Sect. 6. T h u s Shulvass, Renaissance, 78. I n general, f r o m e v e r y t h i n g w h i c h has been said u n t i l n o w and f r o m what w i l l be added below, such a d e f i n i t i o n is difficult to accept. 2 9 4

2 9 5

2 9 6

2 9 7

2 9 8

168

j . The

Community-Appointed

his functions at the former's expense, deducted from his salary.

299

Rabbi

or that this was to be

300

10. E T I Q U E T T E A N D P R E R O G A T I V E S

The emergence of the office of community-appointed rabbi was therefore dependent upon the specific conditions in the community involved. The office itself was in practice subjugated to the communal leaders; the salary which came with it was clearly inadequate to assure a sufficient income to the one holding it, while the rabbi's status in the community was less a function of his position than of his own personality. As a result, it tended to attract comparatively mediocre figures, who saw in it an opportunity for involvement in communal leadership. I n the final analysis, and with all the reservations required in any generalization, we may describe these rabbis (to invert the tannaitic metaphors of Avot 4: 15) as preferring to be the 'head of foxes' rather than the 'tail to lions'. But if R. Moses Basola and his like thought of these rabbis as second rate, within their own communities they were the leading figures; the various privileges and gestures of deference shown to them certainly contributed to their feeling of prominence. We have already mentioned some of the signs of deference which the members of the communities exhibited to their rabbis. Some of these, which have been maintained to this very day by the communities of Italy—such as the calling of the rabbi of the community to the reading of the T e n Commandments and the Chapter of Rebuke (Deut. 28) from the Torah Scroll, that the entire congregation rises when he is called to the Torah, etc.—clearly originated during the formative period of this office, although I have not found any allusion to them in the sources available to m e . However, one 301

302

2 9 9

See the appointments for Casale o f

1599.

See the a p p o i n t m e n t for Verona o f 1599. I f i t is mere coincidence, i t is s t r i k i n g that the t w o conditions should appear i n the same year i n t w o different places. Such conditions also appear i n the appointments o f the Ashkenazic rabbis. Cf. e.g. the first clause i n the a p p o i n t m e n t o f the c o m m u n i t y r a b b i o f A m s t e r d a m i n 1665 {De ambtsdata van de oudster opper-rabbijnen bij de hoogduitsche joodsche gemeente te Amsterdam . . . doore D. M. Skluys ( A m s t e r d a m , 1917), 25-7). I owe this reference to the lists c o m p i l e d by A . Yaari. Cf. o n the other h a n d , Shulvass, Renaissance, 77. See, for a slightly later period than that u n d e r discussion, Y i z h a k m i n h a - L e v i ' i m , Medabber Tahapukhot (1912), 175, and cf. C h . 2, n . 196. 3 0 0

3 0 1

3 0 2

io.

Etiquette

and

Prerogatives

169

special and unique privilege does emerge clearly from the sources from our period: namely, that of a special seat in the synagogue. As an individual's place in the synagogue may be taken as one of the indications of his status within the community, an examination of the seating arrangements in the synagogue will reveal the importance given to rabbis in general, and to official community-appointed rabbis in particular. As in all communities throughout the Jewish world, those places adjoining the eastern wall were reserved for the most distinguished people, the most important of these being the seat to the right of the Holy Ark. During this period, seats in the Italian synagogue were arranged along the walls of the hall, with the Holy Ark (aron ha-kodesh) in the middle of the eastern wall, and the reader's desk situated in the centre of the hall. The community rabbi sat on the seat to the right of the Ark and next to him, on either side of the Ark, sat the other rabbis resident in the community, and other notables. 303

The description of the seating arrangement for the synagogue in Verona, found in the record book for 1563, relates that R. Yo'ez sat adjacent to the Ark, with R. Ephraim next to h i m . The same is true in the seating plan for 1 5 7 2 . I n 1582 the number of rabbis and haverim within the community grew: R. Yo'ez sat in his usual place to the right of the Ark, his son-in-law sat next to him, while the other rabbis and haverim took their places to the left of the Ark and at the head of the two rows along the northern and southern walls of the synagogue. I n 1592 the rabbi of the community, R. Mordecai Bassan, sat to the right of the Ark, next to him sat his assistant and substitute in the yeshivah, R. Baruch Bassan, while the other rabbis and haverim occupied the other places on the two sides of the Ark. A similar arrangement is recorded for 1 5 9 7 . In the seating plan for the synagogue in Casale, the spot to the right of the Ark is marked simply 'rabbi of the community', while the occupants of the other places are listed by name: next to the rabbi of the community sat R. Moses Rapa, one of the 3 0 4

305

306

307

See M a i m o n i d e s , Mishneh Torah, Hilkhot Tefillah 11: 4. 3 0 4 'pinkas V e r o n a ' , i i . fo. 270a. A t h i r d person, k n o w n as R. Jacob, was also given an i m p o r t a n t seat, b u t not among the rabbis. See n . 64. I b i d . fo. 268b. 306 3 0 3

3 0 3

I

b

i

d

f o

2

0

Q

a

I b i d . fos. 173b, 188b. A n d see Y . m i n h a - L e v i ' i m , Medabber Tahapukhot, 50, where i t is stated that there was a 'bench for colleagues' i n the synagogue i n Venice. See also below, n . 310. 3 0 7

170

j . The Community-Appointed

Rabbi

major figures and parnas of the community during this period. The rabbi's wife likewise occupied a place of honour at the eastern end of the women's gallery, while the wife of R. Rapa sat next to h e r . Similar arrangements took effect in other communities: the most important place was reserved for the rabbi of the community, while the places closest to him were seen as next in importance, so that they remained empty and one was proscribed from sitting there unless one had rabbinic ordination or was an elder. Thus, it was decreed in Florence in 1608 that 'on the bench of the synagogue where the rabbi sits, in the absence of rabbis or other distinguished people, shall sit R. Mahalallel de Blanis, and the other places to the corner shall be reserved for the others, or the elders shall sit there'. Another universally enjoyed privilege involving financial benefit was the exemption of community-appointed rabbis from the payment of taxes and tariffs. This was true even though there were other religious functionaries who were also exempt from taxes; the exemption of the community rabbis from taxation was in effect an indirect addition to their salary, but it was primarily conceived as an indication of their privileged status. This matter appears to have been discussed in terms of the general question of the right of scholars to exemption from taxes. One frequently senses that the rabbis insisted upon their exemption from taxes, not so much because of the actual financial benefit involved, but because it implied recognition that the category of talmidei hakhamim applied to them as individuals. As the office began to take shape towards the end of the sixteenth century, the custom of giving gifts to the rabbi on the occasion of a wedding became another sign of their special status. This may be seen in the rabbinic appointment from Verona from the year 1580, in which it is stated that the rabbi was to receive 308

309

310

311

312

313

308 ' P i k n

a s

Casale', 89.

I b i d . 90. T h e practice o f reserving an i m p o r t a n t place i n the women's gallery for the rabbi's wife has been preserved by the I t a l i a n c o m m u n i t i e s u n t i l our o w n day. 3 0 9

'Che nella banca della scuola dove siede i l dottore n o n ci essendo a l t r i d o t t o r i o h u o m i n i d'authorita e qualita, sia lecito sedersi a L a u d a d i o de Blanis, e i l resto sino al canto sia serbato per a l t r i , o vero possino sederci u o m i n i vecchi.' Q u o t e d i n U . Cassuto, ' I p i u antichi capitoli del ghetto d i F i r e n z e ' , R I 10 (1913), 74. Cf. also above, n . 307. 3 1 0

I n Padua this is also stated i n the first a p p o i n t m e n t ; i n Verona i n that o f 1584. See above, C h . 2, the end o f Sect. 4. A n example o f this is R. M o r d e c a i Bassan o f Verona, who was among the leaders o f the c o m m u n i t y before he was appointed as c o m m u n a l r a b b i (see above, n . 283), and d i d n o t relinquish this e x e m p t i o n (see his r a b b i n i c a p p o i n t m e n t ) . 3 1 1

3 1 2

3 1 3

io.

Etiquette

and

Prerogatives

171

'from every bridegroom who gets married . . . one golden scudo in the manner and order customary in previous years, but R . Yo'ez shall be required to recite the nuptial blessings'. Such a statement of the rabbi's obligation to officiate can only be understood against the background of the tendency to view this payment as a privilege to which the rabbi was entitled by virtue of his office. I n my opinion, this also indicates the manner in which this privilege became established in the specific conditions of a small community, which had for a long time known no rabbi of distinction other than the communally appointed rabbi. On the other hand, the very remark appended to the above statement, that 'in the manner and order of years past' indicates that it was an accepted tradition. As this tradition had not been specified in the rabbi's appointment, we must assume that it was seen as self-evident. It is therefore possible that this testimony is indicative of the situation in other communities as well, in which conditions similar to those in Verona developed, although at present no conclusive evidence is available.

11.

T H E ABSENCE I N L A R G E C O M M U N I T I E S OF A P P O I N T E D

OF T H E O F F I C E

RABBI

Unlike the smaller, homogeneous communities, in the larger, more heterogeneous ones, particularly those in which there were several distinct sub-communities, it was more difficult to arrive at a situation in which a single rabbi would be appointed over the entire community, despite the fact that the most prominent rabbis of the period lived there. The history of several important Italian communities remains to be written; further research may perhaps add new details to the picture known to us thus far. I n any event, no record has been found to date of a community-appointed rabbi in three of the major communities of sixteenth-century Italy: M a n t u a , V e n i c e , and A n c o n a . 314

315

316

See S i m o n s o h n , Mantua, 579-80. M o s t o f the c o m m u n a l ledgers o f Venice p r i o r to the 17th century were evidently not preserved (see M . Benayahu, Haskamah u-reshut be-Defusei Veneziah (Jerusalem, 1971), 10, and n . 1). T h e collector M . L e h m a n has made i t k n o w n that he has i n his possession ledgers o f the Venetian c o m m u n i t y (see the i n t r o d u c t i o n to Lev Shlonto, by R. S h l o m o H e l m a (Jerusalem, 1972)). H o w e v e r , as M r L e h m a n has p o i n t e d out to me i n a personal c o m m u n i c a t i o n , these pinkasim (now lost!) o n l y begin i n 1623. I n any event, Cecil R o t h , i n his survey o f the history o f the Jews o f Venice, d i d n o t f i n d the office o f 3 1 4

3 1 5

172

j . The Community-Appointed

Rabbi

c o m m u n i t y - a p p o i n t e d r a b b i present there u n t i l a late d a t e — C . R o t h , Venice (Jewish C o m m u n i t y Series; Philadelphia, 1930), 144-5. M . Benayahu, w h o has studied the haskamot o f the rabbis o f Venice i n detail, concluded, like R o t h , that i n the 16th century 'there was no general rabbinate nor a c h i e f r a b b i ' i n Venice ( i b i d . , 34). H o w e v e r , he added a p o i n t o f his o w n i n that he saw the phrase, 'the Excellent Rabbis o f Venice', as an allusion to a council o f rabbis composed o f the rabbis o f congregations, a l t h o u g h their n u m b e r was not fixed u n t i l ' i n the 17th century the members o f the general yeshivah {yeshivah ha-kelalit) constituted the institutionalized rabbinate'. As this i n s t i t u t i o n took shape only i n the 17th century, i t cannot be dealt w i t h i n the framework o f this book;. H o w e v e r , i t should be emphasized that the t e r m , ma'alat ha-Ge*onim ( ' T h e Excellent Rabbis'), is too general to define i t as a ' R a b b i n i c C o u n c i l ' , and i n m y o p i n i o n the reality d i d not differ f r o m that described i n Sect. 3. I n any event, let i t suffice to state here the agreement o f scholars that, t h r o u g h o u t the 16th century, there is no m e n t i o n i n Venice o f the i n s t i t u t i o n o f the c o m m u n i t y - a p p o i n t e d r a b b i . T h e list o f rabbis, on behalf o f whose souls prayers were recited i n Ancona, and w h i c h begins w i t h those o f the 17th-century rabbis (see C. R o t h , ' T h e Rabbis o f A n c o n a ' ( H e b . ) , Sinai, 21 (1947), 3 2 3 - 6 ) , is n o t a list o f c o m m u n i t y - a p p o i n t e d rabbis; see also M . W i l e n s k y , ' O n the Rabbis o f A n c o n a ' ( H e b . ) , Sinai, 25 (1949), 64. I do n o t k n o w on what grounds Rosenberg states that R. Isaac L e o n b. Eli'ezer i b n Z u r the Spaniard 'was evidently the official r a b b i o f the c o m m u n i t y ' i n the first h a l f o f the 16th century (see H . Rosenberg, ' A l c u n i cenni biografici d i r a b b i n i e letterati della c o m m u n i t a israelitica d i A n c o n a ' , I n t r o d u c t i o n to Kitvei R. David Avraham Hat ve-Rabbi Yizhak Refa'el Ashkenazi (Ancona, 1932), p. x l v i i i , and compare Sect. 7. T h e r e were t w o congregations i n A n c o n a — the I t a l i a n and the L e v a n t i n e . T h e ordinances issued j o i n t l y by the t w o congregations i n 1594 concerning various p r o h i b i t i o n s a p p l y i n g to the sale o f cheeses and meat, similar to earlier ordinances f r o m 1588, by the assembly o f 'sages, elders, lay leaders, appointed persons, and delegates by the t w o holy congregations, L e v a n t i n e and I t a l i a n ' , i t is concluded that ' i n all o f the above-mentioned matters . . . the g r a n t i n g o f permission and the receiving o f permission, to p r o h i b i t and p e r m i t , there were appointed four i n d i v i d u a l s , t w o f r o m each congregation, and these are, f r o m the H o l y Congregation o f the Levantines, the hakham R. [Jacob] I b n H a b i b and the H o n o u r a b l e R. Samuel H a m i z , and f r o m the 3 1 6

H o l y Congregation o f the Italians, the distinguished elder, R. S hl omo M a z l i a h d i Cagli and the hakham R. Joab da R i e t i . As these four i n d i v i d u a l s shall enact, so shall i t b e ' — see ' T a k k a n o t A n c o n a ' , M S L o s Angeles 44 ( I M H M 28088). I n c o n f i r m a t i o n o f the edicts, there are affixed the signatures o f the sages o f the c o m m u n i t i e s and its leaders, headed b y R. M i c h a e l Codoto, w h o was among the i m p o r t a n t rabbis o f the period. H a d there been an appointed r a b b i over the (general) c o m m u n i t y , there is considerable d o u b t whether a committee o f four, o n l y some o f w h o m were rabbis, w o u l d have been appointed to examine certifications o f kashrut and the g r a n t i n g o f permission to sell products, instead o f placing this task i n the hands o f the appointed rabbis, i n a way similar to that done i n the c o m m u n i t y o f Padua (see above, at the end o f Sect. 4c) and other c o m m u n i t i e s , such as that o f A m s t e r d a m i n the year 1665 (see the afore-mentioned a p p o i n t m e n t , i n n. 300). I t is w o r t h p o i n t i n g out that, at a later date, this task was imposed u p o n 'the distinguished r a b b i s ' — e v i d e n t l y the rabbis o f the yeshivah whose names appear at the end o f the ordinances ('Takkanot A n c o n a ' , date 1675). T h e first r a b b i n i c a p p o i n t m e n t i n Ancona published to date is f r o m 1692 (see D a r i o D i s e g n i , ' D u e c o n t r a t t i d i R a b b i n i M e d i c i d i Ancona del 1692 e 1752', Annuario di studi ebraici ig6g-igj2, 97-104). Analysis o f the transformations w h i c h took place i n this city towards the m i d d l e o f the 17th century, and the relationship between the appointed r a b b i and the scholars o f the yeshivah, is beyond the scope o f this study. I t is enough t o conclude here that, so long as new documents are not uncovered, one ought to accept as fact the absence o f any m e n t i o n o f a c o m m u n i t y - a p p o i n t e d r a b b i i n Ancona t h r o u g h o u t the 16th century.

//. Absence

of Rabbi

in Large

Communities

173

How is this fact to be accounted for? Several factors seem to have been operative here, each of which would perhaps by itself be insufficient to prevent the emergence of this office in the large communities. The first of these was the sense of competition with other rabbis who lived within the boundaries of the community, within the context of the tense atmosphere alluded to above. The responsa literature of the Sephardic sages, particularly from the area of the Ottoman empire, where situations of this type were frequent, is replete with controversies relating to attempts on the part of other rabbis to undercut the authority and status of the community r a b b i . While it is certainly not in the nature of people to whom even the Talmud permitted a modicum of pride to be frightened by such things, the weight of this factor should nevertheless not be entirely dismissed, especially when combined with other factors. Another element may have been the situation in which the rabbis were subjugated to the public in matters of excommunication, although if taken by itself this condition would not be one to discourage rabbis from accepting the office. At least the negative side of this regulation—that is, the prohibition against the rabbi imposing the ban without the permission of the lay leaders—was a matter of hoary antiquity, the interdependence of the community lay leaders and the rabbis in this area accompanying the history of the Jewish community throughout the Middle Ages. Indeed, in the smaller communities of Italy this same situation did not prevent rabbis from accepting the office. Even in the communities of Franco-Germany and Spain, where the communal rabbinate became highly developed towards the end of our period—under such names as hakham ha-kahal (sage of the community), ha-rav de-mata (rabbi of the place), mara de-atra (master of the place) and, in some Sephardic communities, hakham ha-kolel (the sage of the community)—this condition was also required of the rabbi. However, the restriction on rabbinic autonomy implied by it in those countries may have 317

318

Significantly, confrontations d i d n o t take place i n the major I t a l i a n c o m m u n i t i e s , where by the nature o f things one w o u l d expect to find them. I f one w o u l d still m a i n t a i n that even so we are not allowed to argue ex silentio, one o u g h t to take note that, t h r o u g h o u t the entire lengthy discourse o n hakham ha-kahal (scholar o f the c o m m u n i t y ) appearing i n Pahad Yizhak, R. Isaac L a m p r o n t i d i d not even once cite the responsa o f the rabbis o f I t a l y , w h i c h he knew so well! 3 1 7

3 1 8

e.g. F i n k e l s t e i n , Self-government,

228, 242, n. 4.

174

3- The Community-Appointed

Rabbi

been seen as inconsiderable in comparison with the high status which the rabbi enjoyed by virtue of his appointment. The appointment of the Ashkenazic 'local rabbi' granted him a 'ruler's rod' in the full sense of the word, even if the public held on to the other e n d . Likewise, in the Sephardic communities, even if at times the leaders decided that 'the sage will not be allowed to excommunicate without the agreement of a majority of the court' (similar in a sense to the decisions of the lay leaders in Italy), some reservation might also be appended to such decision. They might, for example, wonder 'if there is actually support for this ordinance, since it was not stated with the agreement of the rabbi mentioned, while there is another ordinance written and sealed in the record book of the community that ordinances cannot be made without his consent . . . ' The community's ordinances were made only in the presence of the rabbi who was to countersign them, and they insisted that such ordinances could not be abolished without the rabbi's consent, particularly if they involved the use of the b a n . On the other hand, if the agreement involved did not entail the use of the ban, then the very right of the majority to coerce the minority was held in question. 319

320

321

322

In any case, the factors mentioned above, combined with the inter-ethnic tension which was particularly sharp in the larger communities, and especially the lack of judicial autonomy (to be discussed at length in Chapter 5), seem to have prevented these communities from offering the position to any of the resident rabbis throughout the sixteenth century. At times, these communities solved the problem of the need for rabbinic authority by appealing to all the major rabbis of the city—that is, those referred to by the public as ge'onim—whenever it was necessary to institute important ordinances, particularly those entailing the imposition of the ban. We have already seen that this practice 323

See the rabbinic appointment o f R. Isaiah H o r o w i t z i n F r a n k f u r t (cited i n C h . 2 n . 6), i n w h i c h the c o m m u n i t y reaffirms the m a i n prerogatives granted its r a b b i i n his o r d i n a t i o n — ' h e shall teach, and judge, (yoreh yoreh yadin yadin), p e r m i t , and i n his hand shall be the ruler's r o d . . .' T h e difference is that those points w h i c h are stated i n the o r d i n a t i o n as recognizing the abilities o f the one ordained and g r a n t i n g h i m permission to make use o f certain prerogatives appear i n the rabbinic a p p o i n t m e n t i n terms o f obligations on the part o f the congregation and declaration o f their subjugation to the r a b b i . Compare Ben-Sasson, Hagut ve-Hanhagah, 180 ff. 3 1 9

3 2 0

3 2 1

3 2 2

R. M e i r M e l a m e d , Teshuvot Mishpat Zedek (Salonica, 1799), i i , sect. 4. I b i d . sect. 66. Teshuvot Mishpetei Shmu'el (Venice, 1599-1600), sect. 95. See Sect. 2. 3 2 3

//. Absence

of Rabbi

in Large

Communities

175

took shape in Venice and A s c o l i , and was also customary in Mantua. A typical example is described in the following document: 324

325

326

On Thursday, 21 June, 1590, here in Mantua, it was agreed by an act of the members of the Council to attempt to fulfill the clause in the edict issued by his honour the Duke to the holy congregation concerning the outsiders who had come to live here in Mantua. This was to be done by those people who had been selected to be responsible for the fulfilment of that clause, and the members of the community are warned not to do anything against the efforts of those selected, either by action or by speech, to prevent them from attaining their aim, or to delay them from completing their aim in bringing about the fulfillment of that clause. This agreement is made in the presence of and with the agreement of the Geonim.

I n this way, the principle of reliance upon the scholars to give sacral force to the edicts of the community was preserved in practice, while simultaneously avoiding the complex of problems which would have arisen with the appointment of an official rabbi. There were some cases, as we have mentioned above, in which the scholarly world and public opinion themselves fixed a definite hierarchy among a number of different rabbinic scholars. In such cases, all these scholars met within the walls of one yeshivah, where this hierarchy found clear expression in their status in relation to the rosh-yeshivah and in the order of their signatures on documents. Thus, in the book Mikveh Yisra'el, the four most important scholars in Venice are referred to as 'the chief Ge'onim of the Holy Community of Venice', each of them being allotted a definite status in relation to the rosh-yeshivah: R. Samuel Judah Katzenellenbogen, head of the Academy, was the 'first in rank', R. Jacob Abraham Baruch Katz was second to him, R. Avigdor Cividal third, and R. Ben-Zion Zarfatti fourth in rank 'to the Ga'on our teacher, R. Samuel Judah Katzenellenbogen'. The yeshivah head thus enjoyed the status of the 327

328

329

3 2 4

See Sect. 3.

See D o c u m e n t 30, p. 246, i n the H e b r e w e d i t i o n o f this book, for the text o f the decision taken by the C o m m u n a l C o u n c i l i n 1590. 3 2 6 'Pinkas h a - K e h i l l a h b e - M a n t o v a ' , D o c u m e n t 24, I M H M M i c r o f i l m H M 204, published i n the H e b r e w edition o f this book, D o c u m e n t 30, p. 246. See Sect. 2 above. 3 2 5

3 2 7

R. J u d a h Saltaro, Sefer Mikveh Yisra'el ( A m s t e r d a m , 1607), I b i d . fos. 6b~7a, and see also D o c u m e n t 16, p p . 235-7 i n the H e b r e w e d i t i o n o f this book for discussion o f the titles Haver, Hakham, Rav. 3 2 8

3 2 9

8 a

176

j . The Community-Appointed

Rabbi

leading scholar of the city without the subjugation to the community entailed in the office of community-appointed rabbi, and without eliminating the possibility for the community to criticize him via the other rabbis of the yeshivah. On the other hand, in those places where there was more than one assembly place for scholars, this hierarchical ranking could not be clearly expressed, and the situation was left undefined. This was the case in Mantua, for example, where, until the founding of the 'general yeshivah' in the seventeenth century, the Ashkenazic and Italian scholars each gathered in their own Study House. I n any event, the different congregations constituting the overall community, as well the confraternities for charity and for Torah study, each appointed their own rabbis to fulfil the tasks of Torah teachers (marbizei Torah), without bearing any clear consequences within the overall communal framework. The homogeneity of the public within each particular congregation, and especially in each confraternity, helped remove the sting from the appointment of a Torah teacher or rabbinic authority. Moreover, the limited nature of the activity of any one congregation, and particularly that of the confraternities for the study of Torah, in economic and political matters in comparison to the scope of activity of the general community, served in a natural way to blunt the tension involving the leadership, as well as easing the process of rabbinic appointment. It is reasonable to assume that each rabbi served as a kind of Torah preacher within the limited framework of the social body over which he was appointed as head, and that at times he was even viewed as the most prominent one in the public, all decisions being made with his agreement. The confraternities likewise lifted their rabbi above the flock, and did not impose the same conditions upon him as were placed upon the other members of the group. We may thus conclude: even though each organized group, whether one of the constituent congregations of the overall 330

331

3 3 0

T h u s , e.g. i n the Pinkas

o f the I t a l i a n congregation o f Padua, R. Johanan Treves

was m e n t i o n e d as r a b b i o f the congregation, whose ordinances were accepted w i t h his approval. See also D . K a u f m a n n , ' T h e Ordinances o f Hevrat ( H e b . ) , ha-Assif,

Yeshivat

Shalom

of

1589'

3 (1886), 215. O n confraternities for study and charity see A . F a r i n e ,

' C h a r i t y and S t u d y Societies i n E u r o p e o f the S i x t e e n t h - E i g h t e e n t h Centuries', JQR

NS

64 (1973-4), i 6 - 4 7 , 164-75. 3 3 1

RMI

See, e.g. R. Pacifici, ' I regolamenti della scuola italiana a Venezia nel secolo X V I I ' , 5 (1930), 395-

12.

The

Community

of Rome

177

community or a confraternity for the study of Torah, usually appointed its own rabbi and Torah teacher, these appointments had no effect upon the broader framework of overall communal leadership—nor, for that matter, did they have one in the more restricted framework of those social bodies themselves, where in the final analysis what counted was not the appointment, but the charisma of the individual rabbi. 12.

T H E COMMUNITY

OF

ROME

The situation of the Jewish community of Rome deserves a separate discussion. Despite its centrality and its importance in the history of Italian Jewry owing to its proximity to the Papal See, this community had no prominent rabbinic scholars throughout the period under discussion. None the less, the concept of 'rabbi of the community' was already in use there at the end of the fifteenth century, and possibly earlier. The way in which this concept is referred to in those few documents extant suggests that the incorporation of the rabbinate within the framework of the community organization took place in Rome in a rather different manner from that in the other Italian communities, perhaps the main difference being that, during certain periods, the term 'rabbi of the community' was applied to several rabbis simultaneously. It seems worthwhile to dwell a little upon the evidence found in several responsa concerning incidents which occurred in Rome at the end of the fifteenth and beginning of the sixteenth centuries. While these documents have been known for some time to scholars of the history of the Roman Jewish community, there remain several details of which sufficient note has not been taken. In the late fifteenth or early sixteenth century, a certain couple in Rome became engaged to be married, and the young man sent the customary gifts to his intended bride 'and also gave her fruits to eat in the presence of witnesses'. Later on, the two sides wished to break the engagement, and the question was raised— 'in the presence of the rabbis of the Holy Congregation of Rome, who were R. Solomon Treves Zarfatti, may he rest in Eden, 332

333

See ' T e s h u v o t m i - R a b b a n e i I t a l y a h ' , M S K a u f m a n n 150, fo. 45 ff. See H . Vogelstein and P. Rieger, Geschichte der Jfuden in Rom ( B e r l i n , 1896), i i . 82, 93. I do n o t k n o w i f he is the same as that m e n t i o n e d by N . B r i i l l , 'Das Geschlecht der T r e v e s ' , jfahrbucher fur judische Geschichte und Literatur, i (1874), 109. 3 3 2

3 3 3

178

j . The Community-Appointed

Rabbi

and R. Emmanuel Provenzal, may God protect him'— whether these gifts were to be treated as formal betrothal gifts (sevlonot), therefore requiring the young woman to receive a proper divorce before being allowed to marry another person. I n the description of the case, recorded in 1519 in the wake of a similar incident, there is a lengthy description as to how the case 334

335

336

came before the above-mentioned rabbis and the other sages of the community . . . The rabbis mentioned and the other sages called upon the community officials and the heads and elders of the community, and in their presence and before them, through the local scribe, named R. Delli Piattelii, questioned and examined [the parties] with a solemn oath in the Central Synagogue (Kenesseth ha-Kahal), as to whether they knew that the community's practice was to give bridal gifts before the formal betrothal (kiddushin) [in which case the girl would not be considered as formally married] or after that [in which case she would be considered

as legally married] . . . And then the rabbis and the other sages declared in the presence of these officials and heads of the community that the bridegroom needed to give her a divorce out of doubt, should he not wish to marry her; but this notwithstanding, if he actually wished to marry her, he ought to perform the formal marriage ceremony a second time, according to the law of Moses and Israel. The would-be bridegroom gave the writ of divorce and everyone was satisfied. I n the aftermath of this incident, an edict was instituted 'written and signed by all the heads of the community' that, from then on, it would be normal practice first to send the bridal gifts and afterwards to perform the formal betrothal, against the opinion of those who thought that the proper practice was first to betroth and afterwards to send the gifts. Two years later another such incident took place, and again 'they came before the heads of the community of Rome to decide whether one is to presume binding betrothal where bridal gifts have been sent, and likewise whether, in the case where fruit has been given her in the presence of witnesses, one requires a divorce'. Even 337

338

See Vogelstein and Rieger, Geschichte der Jfuden in Rom. ' T e s h u v o t m i - R a b b a n e i I t a l y a h ' , fo. 45. 336 p detail, see A . F r e i m a n n , Seder Kiddushin ve-Nisu'in, 129-31; A . D a v i d , ' O n the I d e n t i t y o f R. Israel Ashkenazi o f Jerusalem' ( H e b . ) , Zion, 38 (1973), 172-3. I t is hard to tell whether this incident was similar to the first i n all its details. I f so, i t attests to a custom u n i q u e to the Jews o f R o m e ; or possibly the first account was b o r r o w e d f r o m the latter i n editing these documents. Cf. the testimony b r o u g h t before R. A v i g d o r K o h e n - Z e d e k ( F r e i m a n n , Seder Kiddushin ve-Nisu'in, 47). ' T e s h u v o t m i - R a b b a n e i I t a l y a h ' , fos. 45-6. 3 3 4

3 3 5

o r

3 3 7

3 3 8

*• ^^^^^

w

Jerusalem,

^ff^^^i

feg

^te

i . Jew studying. Israel Museum, MS Rothschild, fo. 44".

•H

ilillllll^H

2. Magisterial lecturer. Vatican, BibliotecaApostolica, MS Rossian 498, fo. 2 (detail). V

3. ' O h o w love I thy law! I t is m y meditation all the day' (Ps. 119: 97). Jerusalem, Jewish National and University Library, MS 4 1193. 0

mhn

m

vrchrh mw am mw

5. R a b b i teaching. From Jacob benAsher, A r b a ' a T u r i m , Brescia,

1500

7- M a r r i a g e contract (ketubbah), Padua, 1561. Jerusalem, Jewish National and University Library.

W W

I

•••••BlilN

flat

8. (above) T h e w o r l d o f study. Israel Museum, MS Rothschild 24, fo. 9. {below) A Jewish author. Jerusalem, Israel Museum, MS Rothschild.

Jerusalem,

12.

The Community

of

Rome

179

though the young man agreed to give a divorce, one rabbi, R. Usigli the Spaniard, declared that the young woman needed no divorce, concluding 'and may the sin fall upon my head'. On the other hand: The rabbi of the community, whose name was Messer Bonet Provenzali, answered, saying the following in front of all the community and in front of all wise of heart. . . 'Let us present the case to the great authorities, the rabbis and sages of the yeshivah of Padua, or to other expert rabbis and sages who are closer to us, and let a third [i.e. outside] party come and decide among us, and let us not so hastily "put our head between the great mountains" [i.e. presume certainty in such serious halakhic issues] to release a woman who is possibly married . . . And even though I am an ordained rabbi, accepted by the community, and I also have the authority given by the court of our ruler the Pope, may his glory be augmented, to enact ordinances and to command those who will listen to my voice for the honour of our holy Torah, I do not wish to enact and to command until a third party come and decide among us. But as for the lenient [i.e. Usigli] and those who listen to him, may the sin fall on their head, and we will be clean before God and Israel.' 339

340

The bride's relatives were angered and told the rabbi that they would not obey him, 'and will not consider you rabbi of the community in this matter. . .' The manuscript goes on to quote the rulings of the Spanish sage and of R. Bonet de Lattes, the letter sent by R. Bonet to R. Judah Minz, and the reply of R. Judah Minz as it was preserved in Bologna, confirmed by the signature of R. Abraham ha-Kohen and his court. I n his response, R. Judah Minz did not defer to R. Bonet's status at all, but affirmed the earlier ruling, concluding: 'We learn from this, that when one issues bans in the synagogue, if the majority of the community are there, then the others are required to submit themselves; but if not, they need not, unless there is a senior authority there to whose edicts every one is required to submit.' 341

342

H e was R. Bonet de Lattes—see D . G o l d s c h m i d t , 'Boneto de L a t i s e i suoi s c r i t t i l a t i n i e i t a l i a n i ' , Scritti in memoria di Enzo Sereni (Jerusalem, 1970). 3 3 9

' T e s h u v o t m i - R a b b a n e i I t a l y a h ' , fo. 47. These have already been m e n t i o n e d by M . M o r t a r a , ' N o t i z i e d i alcune collezioni d i consulti M S S d i r a b b i n i i t a l i a n i ' , Mose, 5 (1882), 266, and all subsequent scholars based themselves u p o n his conclusions, designating R. Bonet de Lattes as the c h i e f r a b b i o f R o m e . See e.g. Vogelstein and Rieger, Geschichte i i . 8 1 , and cf. Shulvass, Renaissance, 94. Sect. 15 i n the above M S , fos. 57-60. I b i d . fo. 60. These expressions are definitely i n line w i t h R. J u d a h M i n z ' s approach to the leadership role o f a great scholar, as m e n t i o n e d i n Sect. 2. 3 4 0

3 4 1

3 4 2

180

3. The Community-Appointed

Rabbi

Thus, beginning with the period prior to R. Bonet, there were 'two rabbis of the holy congregation', as well as other 'sages of the community', all of whom together 'enacted . . . before the community officials and the heads of the community'. The distinction drawn here between 'rabbis of the community' and 'the other sages of the community' indicates a clear difference in status, even though its exact nature is not defined. I n any event, the impression received is that this refers to all the sages of Rome who gathered together at the yeshivah (or in some other kind of meeting house), whose status, like any group of yeshivah students, depended upon their scholarly knowledge. This group of rabbis debated the various halakhic questions which arose in the community, as was done wherever there was a yeshivah, and together constituted the 'rabbis of the community'. It is not clear in what way the manner in which they were addressed by the community at large reflected this valuation, nor how it was incorporated within the communal organization. 343

R. Bonet de Lattes was alone called 'the rabbi of the community'; hence, the Spanish sage was said to have 'jumped to the head' when he ruled on a practical halakhic issue in opposition to his opinion. R. Bonet himself defined his authority in the community on the basis of the fact that he was 'an ordained rabbi and accepted by the community', but here too it is not clear, either from his own words or from any other source, how he obtained the community's agreement to accept his rulings as authoritative. As an additional source of authority, R. Bonet cited the permission given him by the Pope 'to enact edicts and to command'. I n the light of what is known concerning the practice of excommunication in I t a l y during this period, it seems clear that R. Bonet exploited his position as the papal physician to receive blanket permission to impose the ban, without requiring special permission each time. As he was 'accepted by the community', this did not contradict their wishes, but actually served the public. It is therefore not surprising if we find no mention made here of opposition on the part of the public, of the kind familiar to us from those places where rabbis were appointed by the secular powers against the will of the public. But, despite the 344

345

O n the other h a n d , the 'local scribe' (sofer matd) was not k n o w n by the title ' r a b b i o f the congregation' (rav ha-kahal); cf. further. See above, C h . 2, Sect. 4 and C h . 5, Sect. 2. Cf. above, C h . 2, Sect. 2. 3 4 3

3 4 4

3 4 5

12.

The Community

of

Rome

181

permission of the authorities to impose the ban without the community's agreement, and despite the existence of a 'signed and sealed document from the heads of the community', who certainly would have backed him in this case had he wished to impose the herem, R. Bonet nevertheless preferred to address an inquiry to 'the great authorities'—that is, the renowned scholars of the time. It is difficult to know whether this was merely an expression of modesty and of reluctance to rule on such a serious issue, or whether he feared a challenge to his rabbinic status— a conclusion he might easily have drawn from the declaration of those who disagreed with him that 'we shall not consider you rabbi of the community in this matter'—and that he thus made a wise decision in seeking the support of the great Torah authorities. I n short, the overall impression gained is one of competition, in the context of which the rabbi needed to protect his status by strengthening his personal influence rather than by relying upon the authority of the framework of communal organization. It follows from this that there may not have even been an actual appointment of a communal rabbi, although for the moment there is no substantive evidence in support of this assumption. 346

In any event, during the period following R. Bonet, we again encounter a kind of collegial definition of the communal rabbinate in Rome. This model, which emerges from documents preserved from the latter half of the sixteenth century and the beginning of the seventeenth century, has been summarized by historians of the community of R o m e . I n fact, it has been quite properly emphasized that there was one office which definitely existed in sixteenth-century Rome—namely, 'the scribe of the place'. It has also been noted that at least three different rabbinic figures 347

348

One m u s t remember that the extreme gravity o f adultery i n Jewish law rendered all questions p e r t a i n i n g to marriage and divorce, even those w h i c h revolved a r o u n d seemingly m i n u t e , technical points o f procedure, o f the u t m o s t seriousness. 3 4 6

347 This f p r i m a r i l y to the works o f A . B e r l i n e r , Geschichte der jfuden in Rom von den dltesten Zeiten bis zum Gegenwart, 2 vols. ( F r a n k f u r t - o n - M a i n , 1893) and Vogelstein and Rieger, Geschichte. Generally speaking, I shall refer to the latter w o r k , w h i c h contains detailed references to Berliner's works. r e

e r s

A n ordained r a b b i o f k n o w n stature w i t h i n the congregation was appointed to this task. See Vogelstein and Rieger, Geschichte, 118, 130. D u r i n g the period o f R. J u d a h b. Shabbetai's service as scribe, he was a delegate o f the c o m m u n i t y o f R o m e to the 1554 C o n v e n t i o n o f Delegates o f the various c o m m u n i t i e s w h i c h took place at Ferrara i n 1554; see F i n k e l s t e i n , Self-government, 303. 3 4 8

182

3. The Community-Appointed

Rabbi

were designated in some documents by the title 'servant of the Holy Congregation of R o m e ' , from which it may be inferred that a kind of collegial rabbinate of three must have taken shape in R o m e . This conclusion also fits what we have seen of the situation at the end of the fifteenth century, although there seem then to have been two community rabbis. I n the light of what has been said thus far, we may conclude that at no time throughout this period was there only one community rabbi in Rome; that at times there were several 'community rabbis' there, although not necessarily three in number; and that all of them were considered as 'community servants'. What is the significance of this, and how did the community address those rabbis for purposes of internal government? Examination of the available documents leads us to the conclusion that the community scribe enjoyed a special status, which at times makes it seem that he alone was designated by the title 'rabbi of the community', although the decision about whom to consult in matters pertaining to the rabbinate was left to the lay leaders of the community, who turned to all of the rabbis together on important decisions. Thus, at the end of the sixteenth century, the Council (that is, the committee of the sixty chosen members of the community) did not rely upon one communally appointed rabbi in the ritual supervision of the meat sold in the butcher shops, but rather upon all the rabbis of the community. The same is true of the invocation of oaths and the imposing of the ban in matters relating 349

350

351

349 g Vogelstein and Rieger, Geschichte, i i . 99, 101, 107, 155. A letter 'concerning the matter o f the books', dated 27 A d a r 5323 (1563), I M H M m i c r o f i l m H M 204, signed by several R o m a n r a b b i s — ' A b r a h a m b. R. Joshua C a r m i , servant o f the H o l y Congregation o f Rome; Shelomi b . R. S h l o m o Corcos o f blessed m e m o r y , servant o f the H o l y Congregation o f Rome; J u d a h b. R. B e n j a m i n Z a d d i k , servant o f the H o l y Congregation o f R o m e ' — i s preserved i n the c o m m u n a l archive i n M a n t u a . e e

See Vogelstein and Rieger, Geschichte, i i . 127-8. T h e d o c u m e n t c o n t a i n i n g the decisions o f the C o u n c i l i n this matter appears i n the collection o f documents preserved i n the archives o f the Jewish c o m m u n i t y i n R o m e ( I M H M m i c r o f i l m H M 4803), fo. 14b. T h e d o c u m e n t has no date; the preceding one is f r o m 1588, and the f o l l o w i n g one f r o m 1604. T h e f o l l o w i n g is the text o f those sections relevant to our subject: ' I n p r i m a si ordina, et commanda, che si debba mondare, e nettare la carne . . . conforme al r i t o della legge Mosaica, secondo e stato dechiarato, et o r d i n a t o alii M a c e l l a r i H e b r e i dalli Rabbanim i n presenza d e l l i M a g n i f i c i f a t t o r i della U n i v e r s i t a d i R o m a , per ordine datoli dalla Congrega delli sessanta . . . I t e m , t u t t i q u e l l i H e b r e i che venderanno carne mondata . . . conoscendo non esser mondata secondo l i sopradetti C a p i t o l i , siano obligati p u b l i c a r l o , et manifestarlo alii R a b b i n i , et F a t t o r i conforme alia scommunica sopracio b u t t a t a . ' T h i s is signed by R. Joseph Ascarelli, scribe o f the community. 3 5 0

3 5 1

12. The Community

of

Rome

183

to communal taxation, as may be seen from the final section of the sumptuary law of 1 6 1 0 . At the end of that document, the ban is invoked against those who will violate it, at the order of R. Azriel Ascarelli, referred to there as 'the communal scribe'. In 1617, his successor in this office, R. Hananel b. Israel Sforno, appears as the 'rabbi of the Holy Congregation' at the head of the members of the Italian community in the list of 'the names of distinguished people of the Council who are still alive'. T h e 'communal rabbi' is likewise mentioned in a decision of the Council from 1 6 1 5 . I n the assessment and oath dated between 1610 and 1 6 1 7 , the Council specifically decided that Ascarelli was to be the one to swear in those individuals assessed. T h e 'scribe of the community' was thus identical with the 'rabbi of the community', at least at the time of rabbis Ascarelli and Sforno. Although the Council continued to appeal equally to all the rabbis of the community in everything which they saw as important, these two rabbis enjoyed a special status in 3 5 2

353

354

355

356

357

358

3 5 2

I b i d . fo. 35b. T h i s is the text o f the clause: 'Che l i r a b b i n i , no a l t r i hebrej i n

materia de g i u r a m e n t o che [occorrendo dare] n o n debbano dare altro g i u r a m e n t o , che l ' o r d i n a r i o sopra l i teffelim e no sopra lo cherem, o seffer del colbo, e cosi anco i n materia de schomuniche n o n habbiano fare e dare o g n i sorte de giuramento ne publicare altre schomuniche che l ' o r d i n a r i j e anco pero che i n materia delle [?] o datij della C o m m u n i t a , nel qual caso si p o n n o fare et dare o g n i sorte d i g i u r a m e n t o e scommunica et no i n altro caso.' 3 5 3

' [ B y order o f ] R. Joseph Ascarelli, scribe o f the H o l y Congregation o f R o m e , under

penalty o f e x c o m m u n i c a t i o n . . .' T h i s is the same 'Joshua Ascarelli' m e n t i o n e d i n Vogelstein and Rieger, Geschichte,

i i . 193, f o l l o w i n g E. N a t a l i , // ghetto di Roma

(Rome,

1887). M a n y responsa o f this scholar, w h o was evidently a descendant o f R. O b a d i a h Sforno, have been preserved, scattered among various manuscripts (among others, ' T e s h u v o t u-Pesakim m i - R a b b a n e i I t a l y a h ' , M S Copenhagen Royal L i b r a r y 115; M S Strasbourg 154, 155; M S M a n t u a 88). 3 5 4

I n a collection o f documents preserved i n the Jewish C o m m u n a l Archives i n R o m e ( I M H M m i c r o f i l m H M 4804), fo. 1; cf. B e r l i n e r , Geschichte, 54; Vogelstein and Rieger, Geschichte, i i . 266. T h e decision to a p p o i n t R. Hananel Sforno as scribe o f the congregation bears, i n the same collection, the date 22 Sivan 5377 (1617). 3 5 5

I n the collection o f documents m e n t i o n e d i n the previous note, for the date 9 A u g . 5375 (1615); and see below, n . 358. 3 5 6

T h e above-mentioned collection, i n I M H M m i c r o f i l m H M 4803, fo. 38b. E v i d e n t l y , R. Joseph Ascarelli was n o longer alive at the t i m e , as R. H a n a n e l Sforno was named i n his stead to serve as c o m m u n a l scribe. T h u s , for example, on 9 A u g . 1615 (see above, n . 356), i t was ' u n a n i m o u s l y decided not to d i s t r i b u t e gloves, that is, guanto, at the carnival, except t o the H o n o u r a b l e appointees and the r a b b i o f the congregation and the treasurers and the [?], b u t no m o r e ' . I do n o t k n o w w h a t the significance o f the glove is here. I t was likewise decided, o n 24 T e v e t 5378 (1618), that whoever w o u l d have i n his possession 'bills and letters and b r e v i w h i c h were made i n o u r day and i n the days o f our fathers, p e r t a i n i n g t o the H o l y 3 5 7

3 5 8

184

3- The Community-Appointed

Rabbi

comparison with the others. T h e following two documents from 1616

and 1618,

respectively—that

is, from the period during

which R. Hananel Sforno served as 'rabbi of the congregation' (or 'scribe of the community') —clearly indicate that the Council was not content with addressing itself only to the 'rabbi of the community', but often reserved the final word to itself, or else delegated authority to the rabbi on an ad hoc basis in specific individual cases:

359

O n that same day [17 Menahem Av 5376 (1616)] Shelomo, known as Grizzo, came before the C o u n c i l and appealed to them to forgive h i m for what he had spoken and done [i.e. he had boasted of eating non-kosher food]. A n d the Council declared that the three rabbis who had removed his presumption of reliability [i.e. as a God-fearing Jew] would see whether by law they might restore h i m to his former status, and would do so, and they [i.e. the Council] would be satisfied w i t h that procedure. A n d so I , S f o r n o , went to all the distinguished members o f the Council [to ask] whether they would agree to restore h i m , and every one of them answered that they would be satisfied that the rabbis do what seems right to them, and i f they see fit to restore h i m , they may restore h i m . O n that day [27 Nissan 5378 ( 1 6 1 8 ) ] the members of the C o u n c i l and the distinguished appointed o n e s debated whether they ought to call R. Abraham o f Cammeo, the physician, by the title 'Rabbi', as there had been general agreement that no one was to be called 'Rabbi' without the agreement o f the Council. A n d they voted by b a l l o t s , whether i t was fitting that they allow the distinguished rabbis and the appointed ones to do i n this matter as seemed fit to them. A n d the proposal which stated that the rabbis and appointed ones should decide 3 6 0

361

362

3 6 3

364

365

C o m m u n i t y and its interest, should be deposited w i t h R. H a n a n e l Sforno, under penalty o f ban'. T h i s special status o f the ' r a b b i o f the congregation', w h o was the 'scribe o f the congregation', also f o u n d expression i n documents i n w h i c h R. Joseph Ascarelli is designated as R a b b i n o principale. See N a t a l i , // ghetto di Roma, 242. I n the l i g h t o f the above, i t is difficult i n this case to accept Rieger's translation as ' H a u p t r a b b i n e r der Stadt' (see Vogelstein and Rieger, Geschichte, i i . 193; cf. also A . M i l a n o , // ghetto di Roma (Rome, 1964), 304). 3 5 9 F r o m the Archives o f the C o m m u n i t y o f Rome ( I M H M m i c r o f i l m H M 4804); published i n the H e b r e w e d i t i o n o f this book as D o c u m e n t 32, p. 247. T h e C o u n c i l o f 60 members, selected by the procedure established by D a n i e l o f Pisa. See A . M i l a n o , T " C a p i t o l i " d i D a n i e l da Pisa', RMI 10 (1935-6). i.e. R. H a n a n e l Sforno, scribe and r a b b i o f the H o l y Congregation. 362 F r o m the same collection, I M H M H M 4804; p u b l i s h e d i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 33, p. 247. As just noted i n n . 360. i.e. the leaders {parnassim) w h o were serving at that t i m e . i.e. w i t h balls. 3 6 0

3 6 1

3 6 3

3 6 4

3 6 5

12.

The Community

of

Rome

185

whether or not he was fit to be called such won, and they determined that the agreement decided i n this matter would be carried out.

Finally, once the Council decided not to recognize anyone in Rome as 'Rabbi' except those upon whom the Council itself would agree, and to allocate equal tasks in the structure of the community organization to each of the available rabbis, there were no ordained rabbis left who were not also servants of the community and its scribes, as illustrated by the following decision: 366

367

On that day [16 August 1620] the members of the Council voted and decided, together w i t h the distinguished appointed ones, that all the needs of the community to write ordinances and other things would be served by the four rabbis, R. Hezekiah Manoah Corcos, R. Ahavah Kohen Manoscrivi, R. David della Rocca and R. Samuel o f Castelnovo, each one of them for three months, w i t h the condition that none of them would have the right to vote w i t h i n the council. Likewise, each one i n his t u r n would preside over the ceremony of oath-taking pertaining to taxation, and the wages would be divided among them, one quarter to each one.

This situation did not change at least until the second half of the seventeenth century. Thus, the possibility of the appointment of a rabbi of the Roman community, at least in the sense in which this institution existed in the smaller communities discussed above, was prevented. On the other hand, the absence of prominent scholars in this community prevented a development similar to that mentioned above with regard to the other large communities, in which the Ge'onim remained outside the communal structure. A process took place in which, alongside the 'rabbi of the community', other rabbis also served as 'servants of the community'; the specific decision as to whether and under what situations to turn towards them was left in the hands of the Council, until 368

See B e r l i n e r , Geschichte, i i . 54. T h e text o f the d o c u m e n t w h i c h f o r m e d the basis for Berliner's statement appears i n the H e b r e w edition o f this book, D o c u m e n t 32, and cf. also D o c u m e n t 33, p. 247. A r c h i v e o f the R o m a n C o m m u n i t y ; I M H M H M 4804; p u b l i s h e d i n the H e b r e w edition o f this book, D o c u m e n t 35, p. 248. Cf. the decision f r o m 1626 given i n f u l l i n D o c u m e n t 36 i n the H e b r e w e d i t i o n o f this book, p. 248. See the decision o f 15 E l l u l 5410 (1649), m e n t i o n e d by B e r l i n e r , Geschichte, and given i n f u l l i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 37, pp. 248-9. Cf. the similar d o c u m e n t f r o m 1661 published by A . B e r l i n e r , Sarid me-ir [Kovez 'al Yad. 5 (Cracow, 1893)], 173 6 6

3 6 7

3 6 8

186

j . The

Community-Appointed

Rabbi

in the final analysis there were no ordained rabbis left in Rome who were not 'communal servants', all of them being incorporated in the framework of the organization of the community on the college model.

13.

CONCLUSION

T o conclude: since it is impossible to identify certain general trends common to the majority of communities, in terms of the underlying operational models and motivations, it is doubtful whether the situation in Italy during the period we are dealing with can be described in an overall manner. The history and traditions of particular local communities, the personalities of certain central individuals and their intellectual, psychological, and social background, were of decisive importance. No less important is the fragmentary nature of the majority of the documents available to us. All these factors hinder the scholar's attempt to arrive at an overall picture of the multi-faceted reality. We must therefore be satisfied to close this chapter under the sign of this pluralism. The fragmented picture presented here allows us to say only one thing with certainty: that, contrary to the views of those who held that in this area things were fixed and 'standardized', the actual situation was a complex and intricate one, and in each place unique. 369

370

A s t r i k i n g confirmation o f this reality is the fact that, i n Sefer Yefeh Nof i n Venice at the end o f the 16th or b e g i n n i n g o f the 17th century, there is not m o d e l o f a r a b b i n i c a p p o i n t m e n t , although the book contains various documents, one for 'the d o c u m e n t o f delegation that the congregation makes for a private f r o m among t h e m to deal w i t h the matters o f the c o m m u n i t y i n its name'. 3 6 9

published even one including individual

370 Needless to say, one c o u l d refer here critically to other works a d o p t i n g such a perspective. I again emphasize the caution that m u s t be exercised w i t h regard to the use o f generalizations, w h i c h are not absent even i n the works o f the greatest scholars i n this field.

4 Outside Sources i.

of Rabbinic

Income

' W I T H H I S SOUL H E EARNS H I S BREAD'

In the last chapter, we observed that, throughout the period under discussion, most of the rabbis in Italy were unable to earn a livelihood within the framework of their communal activities. With the exception of the Sephardic Torah teachers, who during the first half of the sixteenth century still received an adequate salary, and of certain yeshiva heads, who received grants from their community, in accordance with their personal prestige and greatness, the overwhelming majority of ordained rabbis received an adequate living salary neither within the context of the organized community nor from public money. This was even true of the appointed rabbis, in those communities in northern Italy which had them. How, then, did they earn their living? The rabbis naturally served as teachers and tutors but, as a main source of income, this occupation was certainly not one to guarantee either status or economic security. Nor did the fact that a given individual was a teacher of small children or a repetitor add to his prestige, and one could even insult a rabbi by calling him such. Thus, R. Bendit Axelrad reacted to a rebuke from R. Abraham b. Judah Minz in these sharp words: 1

You thought to insult me by writing that I am a teacher of small children. I t is indeed true that most of my life, for some forty years, I have taught pupils the T a l m u d , w i t h [Rash?s] commentary and the Tosafoty and I have i n exchange received payment for guarding them and for teaching the cantillation o f the t e x t , as was done by some of the most prominent ge'onim of the entire world. The Ga'on R. Joseph Colon was formerly hired to teach, as was Rabbi Vitza Katz; the Gaon, our teacher, your father of blessed memory [i.e. R. Judah Minz] was also hired by R. Asher Meshullem Segal, at the beginning o f his studies at the yeshivah, to teach h i m the Codes, the T a l m u d and its Commentary. 2

1

See M . A. Shulvass, The Jews

1973), 154-5¬ Cf. C h . 3, Sect. 7. 2

in the World

of the Renaissance

( L e i d e n and Chicago,

188

4. Outside

Sources

of Rabbinic

Income

Similarly, the pious one and Go*on of his generation, R. Jacob Margalit, and R. Jacob ha-Kohen the Pious, and other great ones [did likewise]. I also followed in their path and studied with the pupils . . . And I have thus earned my livelihood engaged in the labour of heaven, and not like yourself, who have all your days made your living through theft and injustice, even when you ate at your father's table . . . And when our teacher, the Ga'on [i.e. R.jfudah

Minz, R. Abraham's father],

became

old . . . you took the one hundred ducats which the communities gave him each year as a means by which to pay stipends to all the young men and students who came to study at the yeshivah . . . for yourself and chased away those distinguished young men and students without giving them any of that stipend . . . And after your father's death you took all of your father's money for yourself, both that which came from that stipend and the rest of your father's money, and you pushed aside the other heirs of your father and gave them Turim money' [i.e. a small symbolic sum]. Thus, your whole life you made a livelihood by theft and injustice, and you now dare to taunt me because I have made a livelihood from [teaching] my students. 3

R. Bendit presents himself here as a poor but honest man, in contrast with those who have gained their wealth dishonestly, mentioning in passing other scholars who did so. One senses that he did not make a comfortable livelihood, for he only received 'payment for guarding [the children] and for teaching the cantillation of the text'; he was obviously aware of the halakhic problem involved in receiving payment for teaching as such, and would have evidently preferred to avoid it altogether had he been able to do so without having to resort to 'theft and injustice'. The status of the teachers and repetitors did not improve during our period. For this reason, the vast majority of ordained rabbis did not occupy themselves exclusively with the 'sacred page', but attempted to earn a living in one way or another, each one within the context of his particular talents, personality, and circumstances. They also hoped thereby to achieve economic independence, enabling them to hold their own beside those rabbis who had inherited wealth, such as R. Jehiel Nissim da Pisa. There are many reports of the varied and at times unusual ways in which rabbis earned their livelihood, independently and by personal 4

3

Pesakim

4

See the remarks o f R. A a r o n Berechiah o f M o d e n a i n Sefer Ma'avar

(Venice, 1519), fo. 29b.

1626), ' M i n h a t 'Aharon', sect. 4, C h . 1 4 — c i t e d also by S. Assaf, Mekorot 43)> iv. 54-

Yabbok

(Mantua,

( T e l A v i v , 1928¬

/. 'With

his soul he earns his bread*

189

initiative. One could write an entire monograph about the detailed classification of these occupations—a task which I will not attempt within the framework of the present work, as it would require extensive biographical clarifications. Scholars have already dealt with the salient points, and I could hardly offer information which would substantially add to the picture already known. I will therefore limit myself to a brief summary of those facts which seem most worthy of emphasis in the context of the present discussion. Many of these rabbis were physicians, continuing a centuriesold tradition whereby the healing profession accompanied 'the art of Torah'. This profession was an ideal one, freeing the rabbi from anxieties about his livelihood without requiring him to take payment for religious teaching. Moreover, the position of the physician in those days was an extremely honourable one, and it seemed particularly appropriate that it be combined with that of the ordained rabbi. This fact was even taken into consideration by R. David Provenzali in his plan for establishing a Hebrew University in Mantua. One finds many prominent rabbinic names among the Jewish physicians of this period, including R. Judah Messer Leon and his son David, R. Elijah del Medigo, R. Bonet de Lattes, R. Obadiah Sforno, R. Abraham de Balmes, R. Isaac b. 5

6

7

8

9

See, e.g. Shulvass, Renaissance, 148-55. See J . W a l k , 'R. O b a d i a h Sforno, Exegete and H u m a n i s t ' ( H e b . ) , Sefer Zikaron le-Zekher David Neiger (Jerusalem, 1959), 280, and the literature cited there; C. R o t h , The Jews in the Renaissance (Philadelphia, 1959), 213-29; H . F r i e d e n w a l d , The Jews and Medicine; Essays, 2 vols. ( B a l t i m o r e , 1944; 2 n d p r i n t i n g , N e w Y o r k , 1967), esp. 221-40, 257-62, 551-612; S. W . B a r o n , A Social and Religious History of the Jews ( P h i l a d e l p h i a , 1952-76), x i i . 8 0 - 9 0 ; C. R o t h , ' T h e Qualification o f Jewish Physicians i n the M i d d l e Ages', Speculum, 28 (1953), 834-43; M . Steinschneider, 'Jiidische Aerzte', ZfHB, 17 (1914), 6 3 - 9 6 , 121-67; i b i d - 8 (1915)? 25-57; J N . K o r e n , Jewish Physicians; a Biographical Index (Jerusalem, 1973). 5

6

J

a n (

R. Simeon b. Z e m a h D u r a n a t t r i b u t e d M a i m o n i d e s ' adamant o p p o s i t i o n to receiving payment for teaching T o r a h to the fact that M a i m o n i d e s was a physician: 'and i f he, o f blessed m e m o r y , was blessed by fortune to be close to the k i n g and h o n o u r e d i n his generation because he was a physician, so that he d i d not need to receive any r e m u n e r a t i o n f r o m the c o m m u n i t i e s , w h a t shall those rabbis and sages do w h o are n o t as talented as he was? Shall they die o f starvation or be shamed o f their h o n o u r to t h r o w the yoke o f T o r a h off their necks?' (Tashbez, b e g i n n i n g o f sect. 14). C o m p a r e I . Barzilay, Yosef Shlomo Delmedigo ( L e i d e n , 1974), 125. 7

See C h . 2, Sect. 6. See the text o f the p r o g r a m m e , sect. 10 (Assaf, Mekorot, i i . 118): 'those w h o are expert i n the L a t i n tongue shall study the books o f w i s d o m — l o g i c and p h i l o s o p h y and m e d i c i n e — i n such a way that whoever wishes to become a physician w i l l not need to spend all his days and years i n a studio among the Gentiles . . .' 8

9

190

4. Outside

Sources

of Rabbinic

Income

Emmanuel de Lattes, R. Elijah b. Abba Mari Halfan, R. Eli'ezer Ashkenazi, R. Abraham Portaleone and his son R. David, R. Abraham Provenzali, the appointed rabbi in Casale, and many others. The income earned by these individuals from the practice of medicine stood them in good stead, some of them even becoming successfully involved in business activities as a result. Among these latter activities, one should particularly mention their involvement in financing the publication of Hebrew books. Thus, R. Elijah Halfan 'was moved by his spirit to publish . . . the She'ilto? (an important Rabbinic work from the Gaonic period) ; R. Jacob Marcaria was a central figure in the Hebrew press in Riva di T r e n t o ; R. Isaac b. Emmanuel de Lattes and two partners published the responsa of R. Nissim G i r o n d i . Examples might easily be multiplied. Also deserving of mention here are those whose main occupation was the study of Torah, such as R. Joseph Ottolengo and R. Meir of Padua, , for whom the new world of printing opened possibilities of employment. From this time on, many rabbis were employed in the printing trade in the task of 'proof-reading' which, as is well known, in those days primarily involved the editing or preparation of manuscripts for setting in print, and not the simple correction of printed galleys. 10

11

12

13

14

15

16

17

18

19

20

I t is w o r t h n o t i n g that a list o f his books, i n c l u d i n g m a n y medical works, has been preserved (see A p p e n d i x i to the H e b r e w edition o f this book, i t e m no. 36). 1 0

1 1

See M . M o r t a r a , Indice

alfabetico

(Padua, 1886), 4.

See the conclusion o f Portaleone, Sefer Shiltei ha-Gibborim, w h i c h conveys a clear echo o f the importance o f the physician's status i n the eyes o f his contemporaries. 1 2

1 3

Aerzte,

A comparison o f M o r t a r a ' s list (Indice alfabetico) w i t h that o f Steinschneider, w i l l yield the names o f dozens o f rabbi-physicians.

Judische

P r i n t e d i n Venice, 1546. See M . Benayahu, ha-Defus ha-Ivri be-Cremona (Jerusalem, 1971), 107 ff. P r i n t e d i n R o m e , 1545-6. T o this edition R. Isaac de Lattes added his o w n glosses and references to laws, w h i c h spread over 33 pages. See also S. S i m o n s o h n , Mantua (Jerusalem, 1972), 717, and F r i e d e n w a l d , The Jews and Medicine, 611. See Benayahu, ha-Defus ha-Ivri be-Cremona, index, and esp. 53-8, 111-18. I t is perhaps w o r t h m e n t i o n i n g his i n v o l v e m e n t i n the p u b l i c a t i o n o f the Mishneh Torah (Venice, 15 50-1), as well as the book sent to h i m b y R. Joseph Caro for p r i n t i n g w h i c h was lost i n a shipwreck (see C h . 6, Sect. 4) and also Orhot Hayyim by R. A a r o n h a - K o h e n o f L u n e l , w h i c h was sent h i m ' f r o m the city o f Candia, to a t t e m p t to p r i n t i t ' — S o l o m o n L u r i a , Teshuvot Maharshal ( L u b l i n , 1574), sect. 37. See E. L . Eisenstein, ' T h e I m p a c t o f P r i n t i n g on W e s t e r n Society and T h o u g h t ' , JMH 40 (1968), 1-56. I t is enough to m e n t i o n the activity o f R. D a v i d Pizzighettone and R. M o r d e c a i Basola (father o f the noted R. Moses Basola) i n p r i n t i n g the T a l m u d at the end o f the 15th century and the b e g i n n i n g o f the 16th century—see R. N . R a b i n o w i t z , Ma'amar 'al 1 4

1 5

1 6

1 7

1 8

1 9

2 0

/. 'With

his soul he earns his

bread

191

R. Leone Modena wrote that his grandson was engaged in 'a clean and easy occupation in printing, which is in the final analysis also a religious occupation', thereby indicating the tendency to see printing as a natural area of employment for a scholar, whose main occupation was religious scholarship, but whose livelihood had to come from other sources. Even some of the greatest rabbis engaged in bookselling. Thus, R. Meir of Padua wrote to R. Moses Isserles: 21

There is a Jew among us who purchased the entire edition of the Rif [R. Isaac A Ifas?s glosses on the Talmud] printed i n Sabbioneta, and they are very beautiful, and he w i l l give them to me here for four and a half of our scudi per copy. W i l l your honour kindly advise me whether I ought to buy them and send them to you, and for how much they may be sold there i f I send fifty copies. Your advice w i l l guide m e . 2 2

At times, rabbis printed small books at their own expense and sold them. R. Leone Modena invested 250 ducats in the publication of his Bet Yehudah, and he also recorded that the sale of his books, Galut Yehudah and Lev Aryeh, brought him a profit of more than 250 ducats. On more than one occasion rabbis dedicated small works to wealthy patrons. Thus, R. Samuel Archivolti dedicated his Malayan Ganim to Abraham b. Asher Segal of the famous Meshulam family, although it is clear that it was published at his own expense, as was his other book, Arugat ha-Bosem. These rabbis spoke quite openly about their hopes of profits from the dedication of their books. R. Leone Modena received 25 scudi from Bishop Ermolao Barbaro for dedicating one of his books to 23

24

25

26

27

Hadpasat

ha-Talmud

proof-reader o f Sefer

(Jerusalem, 1965), i n d e x — a s well as that o f R. M e s h u l a m K a u f m a n n , Rav

Alfasi

(Venice, 1552)

and o f R. Johanan T r e v e s , R.

Samuel

A r c h i v o l t i , and m a n y others. L . M o d e n a , Hayyei Yehudah ( T e l A v i v , 1985), 96. See the title-page o f the 1546 Venice e d i t i o n o f the Sifrei, c o n t a i n i n g a note that ' i t was proof-read by R. Johanan o f T r e v e s , whose m a i n occupation is T o r a h ' . 2 1

Teshuvot ha-RaMA, sect. 69 ( i n Siev, ed., p. 301). N o t e that this entailed a commercial investment o f some 400 d u c a t s — w h i c h should be compared w i t h the annual salary o f the appointed r a b b i i n Padua a few years later! 2 2

1636 Venice edn. (see Hayyei Yehudah, 89). I b i d . 33. See Shulvass, Renaissance, 149. 1553 Venice edn. See the dedication at the b e g i n n i n g o f the book, and the praises w h i c h R. Samuel heaped u p o n A b r a h a m Segal i n the p o e m w i t h w h i c h the book concludes. 1602 Venice edn. and see the a p p r o b a t i o n given by the rabbis o f Venice at the end o f the book. 2 3

2 4

2 5

2 6

2 7

192

4. Outside

Sources

of Rabbinic

Income

him: a modest sum, because the bishop 'while a great saint, is very careful with his money'. Leone Modena later recorded that he printed the book Tefillat Yesharim [the Prayer of the Upright], 'with various additions, which I gave as a gift to the holy congregation of Rome, and I received 25 ducats from them as a gift. But as I mentioned the names of the donors in detail, there was confusion [regarding] their relative priority, and now I have reprinted the dedication a third time, and I stayed far away from them'. Admittedly, the business of dedications did not always go smoothly! I do not know whether R. Leone Modena, who recorded in his autobiography no less than twenty-six different occupations in which he engaged during his lifetime, was exceptional in this respect. It is quite possible that, were we to examine in depth the biographies of various rabbis in Italy during this period, we should find that other rabbis also engaged in not a few of these different occupations. We may therefore conclude by saying that rabbis engaged in different, and at times unusual, occupations out of a desire for independence and personal initiative. Their income from outside occupations was sometimes supplemented by that from public funds, as with the community-appointed rabbis, only a small proportion of whose needs came from their communities. 28

29

30

2. W H A T WERE I T I N E R A N T

RABBIS?

Deserving of special mention among the various occupations in which the rabbis engaged is the tutoring of private pupils in the homes of the wealthy. There do not seem to have been very many Hayyei Yehudah, 33. T h e dedication o f H e b r e w books to outstanding G e n t i l e figures was n o t u n c o m m o n . T h u s , for example, R. O b a d i a h Sforno dedicated his c o m m e n t a r y o n Ecclesiastes and his H e b r e w translation o f E u c l i d ' s Elements to the K i n g o f France; see W a l k , 'R. O b a d i a h S f o r n o ' , 281. Hayyei Yehudah, 62. e.g. the last occupation w h i c h he recorded was 'marriages' (hittunim). I f this refers to income f r o m p e r f o r m i n g w e d d i n g ceremonies, this has already been f o u n d to be received by other rabbis (see C h . 3, Sect. 10). H o w e v e r , i f i t refers to money accepted for m a t c h m a k i n g , we already k n o w that R. Samuel A r c h i v o l t i sent to R. Jacob M a r c a r i a (the physician and p r i n t e r f r o m Riva d i T r e n t o ) six ducats for the m a t c h w h i c h he successfully made; see S. Bernstein, ' N e w Poems by R. Samuel A r c h i v o l t i ' ( H e b . ) , Tarbiz, 8 (1937), 56, 65. I n m y o p i n i o n , this refers to b o t h . 2 8

2 9

3 0

2. What were Itinerant

Rabbis?

193

rabbis who engaged in this occupation, in which they became a kind of 'private rabbi' to their employer, who in turn took upon himself the rabbi's entire livelihood. The number of wealthy families who could allow themselves this luxury was very small. Nevertheless, the phenomenon represents an interesting example of patronage, typical of the Renaissance, and because of its nature it has received attention on the part of scholars, especially following Isaiah Sonne's theory of the itinerant rabbi, to which he assigned a central place in his picture of the Italian Rabbinate. According to his thesis, these itinerant rabbis undercut the authority of the established rabbis, a phenomenon which Sonne saw in terms of the general Renaissance trend to 'destroy the structure of the general, abstract concepts of the Middle Ages and base the world on the individual'. By this process, the Renaissance also undermined 'the existence of the community as a general entity, and scattered it into its individuals'. Against this background, there emerged according to Sonne, 'ordained rabbis who were not connected to any community, but to wealthy patrons alone . . . these rabbis wandered from place to place, accompanying their master or changing him periodically, similar to the humanists attached to the courts of the rulers. Such rabbis served their masters for a fee in every place and at all times', in their disputes with the communities, thereby creating antagonism between the itinerant rabbis and the rabbis of the establishment. One of the corner-stones of Sonne's theory is an ordinance introduced in Bologna in 1512, imposing the ban against 'whomever brings any letter or edict containing a curse or excommunication from any court outside of Bologna . . . even if it be a verbal edict'. Yet there is not even the slightest hint in this ordinance that the community rabbi in that particular place had the authority to impose the ban, while this prerogative was denied other rabbis who lived in the same city—and one certainly cannot argue that all the rabbis of Bologna, which was in those days a centre of Torah learning, were community-appointed 31

32

33

34

See I . T i s h b y ' s s u m m a r y , ' T h e Controversy C o n c e r n i n g Sefer ha-Zohar' (Heb.), Mehkerei Kabbalah u-Sheluhoteha, i (Jerusalem, 1982), 96-7, and cf. e.g. Shulvass, Renaissance, 52-3. 3 1

3 2

Cf. M . A . Shulvass, ' O n the H i s t o r y o f the C o m m u n i t y o f R o v i g o ' ( H e b . ) ,

20 (1947), 198 ff. See I . Sonne, ' O n the H i s t o r y o f the C o m m u n i t y o f Bologna' ( H e b . ) , HUCA (1942), 3 8 - 4 3 . 3 3

Sinai, 16

194

4- Outside

Sources

of Rabbinic

Income

rabbis! The rabbis and parnassim are mentioned under one rubric in the ordinance itself: the cantor announced the ban which accompanied the edict in the synagogue, in the name of 'the rabbis and the parnassim*. The publication of edicts of excommunication from outside Bologna are made contingent upon 'the agreement of the rabbis and leaders'; when it occurred that an edict was brought from outside Bologna, the 'righteous judges, the rabbis and parnassim* discussed the matter, declaring the one who had brought the ordinance as himself under the ban. I n the aftermath of this incident, there was renewed debate concerning the authority of the community to enact such an ordinance, an interpretation being proposed which would limit its application: There were those among the founders of this ordinance who did not feel comfortable w i t h i t , but supported a decision to nullify any ban brought from outside the city of Bologna against those who live there, in order to constrain Bologna's residents from presenting themselves i n a court outside Bologna. As for those sinners who have performed sins and are deserving of excommunication, even the righteous and holy from outside the city of Bologna may constrain them, and rule bitterly over t h e m . 3 5

Thus, in the view of those who objected to the ordinance, not only did it not affect the right of any rabbi living within Bologna from imposing bans, but even those living outside the city should not be barred from doing so. The sole exception was in those specific cases in which the ban was used to force an individual from Bologna to appear at a hearing of a rabbinic court outside Bologna. R. Abraham ha-Kohen composed a lengthy ruling against this approach, in which he affirmed the community's authority to issue ordinances. He emphasized that 'the force of this ordinance is applicable to all kinds of edicts' and not only a ban 'not to take an individual outside the city'. I n any event, nobody even suggested that this ordinance was intended to prevent rabbis living in Bologna from imposing the ban on Bolognese Jews. 36

After some time, things changed in Bologna and, in 1537 (or perhaps earlier), an additional ordinance was introduced in order to prevent mishaps in matters relating to justice and bans. This ordinance also bears upon our subject, and is deserving of 3 4

T h e text o f the ordinance was published by Sonne, i b i d . 56 ff. I b i d . 58. I b i d . 71. 3 5

3 6

2. What were Itinerant

Rabbis?

195

attention. The situation of the Jewish courts in Bologna is described by the lay leaders in 1537 as one in which: each one builds a high place for himself against the law and the halakhah, secretly to make a court of three laymen and youths, and capriciousness reigns. They do not know or understand, and there is none among them who has studied [Torah] . . . And after they convene a court and have received testimony, they send their testimony far afield with the seal of the court, and they strike that man with blindness according to their will, with the approval of prominent scholars . . . for the ge*onim, the masters of Torah, who do not know what deeds they are doing in darkness, think that what they did conforms to the law of Torah . . . 37

In other words, certain individuals within the community established lay courts in Bologna which accepted testimony improperly. This testimony was then presented to the 'great ones of the world' outside Bologna as if ratified by a proper court; these rabbis in turn relied upon it, issued rulings on its basis, and even imposed bans upon those who would not accept their ruling. I n properly run communities, in such a situation, the community would naturally issue an ordinance prohibiting anyone but the official communal court from collecting testimony, but the people of Bologna were unable to do so because of the peculiar situation of the Italian communities. Thus, the people issued an ordinance in 1537: that no member of our community . . . may make any court to accept testimony ... in secret and on the sly upon any man in Bologna, or that any man may come from outside Bologna and establish a court to collect testimony in Bologna, except in the presence of the litigant. And that all the members of that court be learned and over twenty-five years of age . . . and in this manner we may save the oppressed from those who oppress them, and their oppressors will not have the strength to trap them in this net which they have set, as has been done until now. 38

This being the case, it is quite clear that the question was not one between the 'rabbis of the establishment' and of the 'Master of the Place'. What the community hoped to accomplish by this edict was merely to ensure that the members of the court who collected evidence in Bologna would be 'learned . . . and over twenty-five years of age': 'private rabbis' were therefore clearly included within the rubric of this formula! The ordinance of 3 7

I b i d . 73, and see Pesakim,

fo. 4a.

3 8

I b i d . 74.

196

4- Outside

Sources

of Rabbinic

Income

Bologna from 1512 and the additional one from 1537 were thus intended to prevent the involvement of figures from outside the city in matters concerning the people of the city, as well as to prevent any further breaches in the legal system, such as had been made by people who were not learned or even mature individuals. The ordinances of Bologna therefore have nothing whatsoever to do with the phenomenon of private rabbis, neither can we infer from them anything concerning the correct interpretation of it. In order to understand properly the phenomenon of private rabbis, we must restate some of the conclusions which we have reached thus far. During the period under discussion, a class conflict between the itinerant rabbis, who allegedly undermined the foundations of the communal organization under orders from their wealthy patrons, and the official, appointed rabbis would have been impossible for one simple reason. As we have shown at length in the previous chapter, there was during this entire period no existing model of an official rabbi who enjoyed the authority of master of the place (mara de-atra) within the framework of the communal organization. Indeed, in several large communities, wherein resided those wealthy individuals who were able to afford the luxury of a private rabbi, there was no appointed rabbi whatsoever. I n those communities which did appoint a rabbi, the tension between the appointed rabbis and those not integrated within the community organization concerned the interplay between the forms of activity and influence of the appointed rabbis and those of the other rabbis within that same system. I n other words, whatever tension existed involved com39

40

41

Such regulations were instituted wherever the c o m m u n i t i e s wished to protect themselves against outsiders, even where the p h e n o m e n o n o f itinerant rabbis d i d not exist. Cf. e.g. J . H a l p e r i n (ed.), Pinkas Va'ad Arba' Arazot (Jerusalem, 1945, 7, 16. 3 9

W e have already discussed the significance o f the ordinance o f Ferrara regarding this matter i n C h . 3, Sects. 4a, 5. T i s h b y questioned Sonne's theory o f the itinerant rabbis i n his discussion o f the latter's interpretation o f the controversy concerning the p u b l i c a t i o n o f K a b b a l i s t i c texts (see T i s h b y , ' T h e Controversy'). T h e r e is no d o u b t that T i s h b y is correct i n his cautious conclusion that ' i n any event, the general outlook that the identification o f a given I t a l i a n r a b b i o f the 16th c e n t u r y to the class o f " i t i n e r a n t s " or "official r a b b i s " was decisive i n d e t e r m i n i n g their stand o n one or another side i n p u b l i c controversies, has been upset, albeit one m u s t not deny the possibility that this factor d i d influence t h e m at times, depending u p o n its bearing u p o n each specific controversy', p. 117. I shall a t t e m p t further to demonstrate how, i n m y o p i n i o n , rabbis were influenced by their being the servants o f the wealthy classes. 4 0

4 1

2. What were Itinerant

Rabbis?

197

petition between the rabbis for their place within the community. We have already seen how this tension affected both the contents of the office of the community-appointed rabbi and the very possibility of achieving such an appointment. Moreover, even in those communities where a community rabbi was appointed, the establishment of courts of law with broad juridical authority was prevented. This automatically prevented the granting to the official community rabbi of broad, exclusive authority to rule on halakhic questions, so that there was no possible reason for the creation of a class of rabbis who would protect the interests of the wealthy from the rulings of the community-appointed rabbis. On the contrary, we have seen how in Padua, where there was a community-appointed rabbi, the subject of tariffs between the individuals and the community was adjudicated by 'the communal judges', who generally did not include the rabbi. I n cases of great importance, the communities and their opponents turned to the arbitration of rabbis from outside the community. I n this matter, the situation during the period when there was a communal organization was no different from that prior to i t . 42

43

44

45

In their appeals to arbitrators, everyone, including both the community officials and their adversaries, made use of the services of rabbis who served as advisers and, on occasion, as barristers to argue their case before the arbitration court. If, from 1549 on, the people of Padua adhered to the ordinance by which 'no 46

Cf. Shulvass, Renaissance, 77. See C h . 3, Sect. 4c. I n this respect, the situation i n I t a l y was no different f r o m that elsewhere—cf. Jacob b. Asher, Tur Shulhan 'Arukh, Hoshen Mishpat 7: 12, and Bet Yosef, ad loc. 4 2

4 3

4 4

e.g. just as the society o f bankers, who claimed a m o n o p o l y i n M a n t u a , and those w h o opposed their c l a i m b o t h t u r n e d for a r b i t r a t i o n to R. Joseph C o l o n i n the 1460s (see Teshuvot Mahari"k, sect. 192), so d i d the c o m m u n i t y o f Bologna o n the one h a n d , and R. Shelomo o f M o d e n a o n the other, t u r n to R. Moses Provenzali for a r b i t r a t i o n at the end o f the 1560s (see ' T e s h u v o t R. M o s h e Provenzali', sect. 198). See also the m a n y a r b i t r a t i o n r u l i n g s issued by R. A z r i e l D i e n a between litigants i n cities where he d i d n o t live, such as sect. 282 ( M a n t u a , between creditors and the congregation), sect. 285 ( i b i d , a m o n g various creditors), sect. 100 (Reggio, between the congregation and heirs), and others. 4 5

Just as the opponent to the c l a i m for a m o n o p o l y o f the bankers o f M a n t u a ( i n the case m e n t i o n e d i n the previous note), used R. Jacob Sforno as their representative, so d i d the c o m m u n i t y o f Bologna, i n the other case m e n t i o n e d , make use o f four delegates. O n the other h a n d , R. Shelomo M o d e n a , w h o was an ordained r a b b i , d i d not have need o f a representative. See likewise M S V i e n n a 80, fo. 43b, where R. Raphael Joseph b . Johanan T r e v e s is referred to as 'delegate o f the H o l y C o m m u n i t y o f Viadana'. O n the subject o f delegates, see the r u l i n g p e r t a i n i n g to t h e m i n the a r b i t r a t i o n agreements (e.g. D o c u m e n t 50 i n the A p p e n d i x to the H e b r e w e d i t i o n o f this book, p p . 263 ff.). 4 6

198

4- Outside

Sources

of Rabbinic

Income

rabbi, whether local or outsider, may serve as a barrister unless the rabbi himself is the plaintiff or defendant, [in which case] he may take a rabbi as barrister for himself, we are entitled to assume that there was a definite trend to turn towards rabbis as barristers. Naturally, a barrister defends the interests of the one who has appointed him and who pays for his services; there is no real difference whether the barrister in question is the private rabbi of his client or whether he has been hired ad hoc. So long as the activity of the private rabbis was limited to protecting the interests of the wealthy in whose service they were engaged, this did not deviate from the general cultural framework, in which law and patronage went hand in hand. There is considerable similarity between these private rabbis and the humanists who were part of the ruling courts during the period of the Renaissance. This similarity, however, suggests a rather positive evaluation of the private rabbi in the eyes of his contemporaries, akin to the image of the court humanist. A proper view of this phenomenon demands that we free ourselves of any tendency to see this in a negative light. A contemporary expert in the social and intellectual history of Renaissance Italy has rightly warned against the tendency to write about courts and cortigiani during the Renaissance without explaining the significance of the terms being used: 47

48

49

50

The Renaissance courtier . . . is similar i n every respect to Locke's gentleman. He is the significant person i n society, the active element i n society. A trader such as Manetti i n Florence, a knight, a statesman, not necessarily wealthy and at times even poor, who by virtue of his culture becomes a teacher, involves himself i n the liberal arts, and ascends to the level of knight and adviser to the highest authorities . . . 4 7

Pinkas

Padua,

sect. 57: x i , p.

101.

Shulvass has justifiably noted the parallel between the private rabbis and the humanists i n the r u l i n g courts—see Shulvass, Renaissance, 148-55; compare Sonne, ' O n the H i s t o r y o f the C o m m u n i t y o f Bologna', 40. O n the concept o f the courtier as the m o d e l for the perfect m a n o f society d u r i n g this period, see J . B u r c k h a r d t , The Civilisation of the Renaissance in Italy ( N e w Y o r k , 1958), 382 ff. T h i s attitude seems to have greatly influenced, perhaps unconsciously, the image o f the rabbis i n I t a l y d u r i n g this period, b o t h o f Sonne and o f those w h o followed h i m . T h i s attitude incorporated the historiographic tendency o f the Jewish E n l i g h t e n m e n t (Haskalah) o f the 19th-century and its epigones, w h i c h saw i n Italian-Jewish c u l t u r e o f this period a k i n d o f E n l i g h t e n m e n t ante litteram (see further i n C h . 6). One thus finds a specific, and p r e d o m i n a n t l y negative, image o f the rabbis o f this p e r i o d , w h i c h to m y m i n d is definitely unjustified; see Shulvass, Renaissance, 192-4. 4 8

4 9

5 0

2. What

were Itinerant

Rabbis?

a man who carries the responsibility for the society in which he lives, one upon whom depends the collective lot, a man whose humanitas alone allows for the existence of a more humane collective life. 51

These words are very impassioned, and perhaps need to be toned down somewhat, but there is no doubt that they contain a large measure of truth. A superficial reading of Baldasar Castiglione's Courtier should suffice to indicate the keen admiration which the courtiers enjoyed in the eyes of their contemporaries, who considered them as perfect in every respect. The absolute economic dependence of the private rabbis upon those who provided them with their daily bread did not affect the respect and honour which both they and their patrons saw themselves as deserving. These rabbis added to the prestige of their patrons, just as the talented courtiers added to the glory of the Christian rulers. Some of the most prominent rabbis in Italy during the period under discussion here were private rabbis in the homes of wealthy m e n ; one may assume that the wealthier a given individual, the greater the stature of the rabbi he was able to hire. This practice even brought about the transformation of the homes of some wealthy men into actual yeshivot headed by these private rabbis, a development which obviously augmented their prestige. Thus, Ishmael da Rieti's home in Siena became a yeshivah, and R. Joseph of Aries, who had previously been a teacher in that household, became a yeshivah head. T h e Rieti family was proud of R. Joseph of Aries, referring to him as 'our Go*on, the righteous teacher' and boasting of his ability to hold his own in a disputation with the apostate Hananel da Foligno. 52

53

54

55

56

E. G a r i n , La cultura filosofica del Rinascimento; motivi della cultura nel Rinascimento (Florence, 1961), 408-9 and 140-1. 5 1

filosofica

Ferrarese

See A . M a r x , 'R. Joseph d'Arles and R. Johanan T r e v e s ' ( H e b . ) , Kovez Mada'i le-zekher Moshe Shur ( N e w Y o r k , 1945), 271, for a b r i e f and attractive description o f the p h e n o m e n o n o f rabbis teaching i n the homes o f the wealthy. M y o w n description adheres closely to that o f M a r x , and m y stress is p r i m a r i l y intended to refute Sonne's view o f the itinerant rabbis. 5 2

See Shulvass, Renaissance, 150. I t is surprising to me h o w Shulvass c o u l d argue elsewhere ( i b i d . 77) that ' w h i l e there were m e n o f stature among these private rabbis . . . the official rabbinate far surpassed t h e m i n b o t h c o m m u n a l prestige and a u t h o r i t y ' . T h e maintenance o f yeshivot by wealthy people w i t h i n their o w n homes was k n o w n i n I t a l y f r o m the b e g i n n i n g o f the period under discussion. See, for example, M S M o n t e f i o r e 367, fo. 116a, for the verses w r i t t e n by R. Joseph Z a r k , sent w i t h a gift to R. M o r d e c a i F i n z i , ' t o the studio w h i c h he made i n his h o m e , K i s l e v 5193 [1433]'. O n the parallel between studium and yeshivah, see C h . 1, Sect. 1. See M a r x , 'R. Joseph d ' A r l e s ' . See S. S i m o n s o h n , ' I banchieri da R i e t i i n Toscana', RMI 38 (1972), 29. 5 3

5 4

5 5

5 6

4. Outside

200

Sources

of Rabbinic

Income

Those who turned to the office of 'private rabbi' were not necessarily dependent for their entire sustenance upon the kindness of their patron and their ability to fulfil his or her will in every situation. R. Isaac de Lattes, a physician of independent means enabling him to make extensive investments in the area of publishing, was apparently not dependent upon the mercy of any patron. I f he took upon himself the office of 'private rabbi', it was presumably because this in no way detracted from his rabbinic dignity. Moreover, the salaries enjoyed by the private rabbis were far higher than those of community-appointed rabbis. R. Joseph of Aries wrote of his terms in the home of Menahem of Monte dell'Olmo: 'my salary with him is one hundred scudi two loads of wheat and two loads of wine, and living accommodation for my wife, may she be blessed among women, in accordance with her honour; and I eat at the table of the patron, as does my beloved son as well'. As I stressed above with regard to the use of the services of barristers, it was only natural that wealthy individuals should turn to their private rabbis wherever a solution to halakhic questions was needed, particularly prior to taking decisions in business matters. This practice was an integral part of social life in those days, and there was no suspicion of conflict of interest regarding the sincerity of the various parties acting in this matter. A good example of this involves Ishmael da Rieti, who sent R. Joseph of Aries to various places to gather the opinions of the sages of Italy on the question of whether he could accept the offer of the Duke of Tuscany to open a bank in Pisa, despite the opposition of other Jewish bankers who had previously been expelled from there when a prohibition against lending on interest was imposed, while now, this edict having been repealed, they sought precedence in the right to lend there. According to his own account, given in a fierce polemical letter to R. Johanan Treves, R. Joseph of Aries went to Padua 'visiting all of the 57

58

59

60

61

See the end o f Sect, i i n this chapter. i.e. i n cash. A measure o f volume o f solids and liquids. I t seems likely that this refers to the u n i t k n o w n as soma, w h i c h i n Florence measured approximately 91 litres. 5 7

5 8

5 9

See Shulvass, i n C h . 3, See money i n 6 0

6 1

I . Sonne, ' T h e General S y n o d i n I t a l y ' ( H e b . ) , ha-Tekufah, 32-3 (1948), 677; Renaissance, 137. Cf. the salary o f the c o m m u n i t y - a p p o i n t e d rabbis, discussed Sect. 9. o n this matter M a r x , 'R. Joseph d ' A r l e s ' , 189-219. O n the privilege o f l e n d i n g Pisa, see S i m o n s o h n , T banchieri da R i e t i ' , 4, n . 5.

2. What were Itinerant

Rabbis?

201

rabbis there in order to clarify whether any man was permitted by the law of our holy Torah to attempt to receive conditions of loan on interest from the Duke of Florence'. Word of this mission became known to R. Johanan Treves, communal rabbi of the Italian congregation in Padua and, according to R. Joseph, R. Johanan replied with exaggerated enthusiasm: 62

63

T h e n you answered, ' D o you conceal from me such a thing? I will ascend the palm tree of evidences and will rise to assist a prince in Israel, who was formerly my patron, the prince of Rieti, and I shall keep evil lips away from me.' A n d w i t h the eyes of a scribe you composed a great poem . . . A n d you have revealed explicitly what I only alluded to, for I did not inquire about the right to Pisa, but only posed the question in general terms, speaking of the entire duchy. A n d you thought in your heart to receive a reward for the interpretation; by my life [i.e. / swear], I could not tell whether what you wrote was a halakhic ruling or a dirge. A n d i t is still doubtful to me, for you have shown anger, and have written of those who oppose as i f they were evil-doers, and you made many remarks of slander and condemnation, by which I was much pained. A n d also the nobleman, my patron, of Rieti, was very much pained, for he cares not to offend anyone, and judges every man favourably. 64

Even if one may cast some suspicion on R. Joseph's words regarding his intention to conceal the precise details of the case under discussion, so that he might objectively clarify the absolute truth by the law of Torah, it is clear that R. Johanan Treves, who had, after being a 'private rabbi', become a 'communal rabbi', saw it as perfectly proper to come to the enthusiastic defence of the banker, who was his former patron. This enthusiasm, according to R. Joseph of Aries, added a bad taste to the entire business. Obviously, the relation of individuals to such questions depended more upon their personality than upon their status. One small detail concerning that case from a different source should be added here. There is an extant responsum, dated Rosh Hodesh Adar I I , 1547, by Shabbetai Elhanan, son of Ishmael da Rieti, concerning the same question involving the renewal of money-lending in Pisa, written as an exercise in halakhic ruling

6 2

6 3

6 4

M a r x , 'R. Joseph d ' A r l e s ' , 204. See R. Pacifici, ' I Regolamenti della scuola italiana', RMI See M a r x , 'R. Joseph d ' A r l e s ' .

5 (1930).

202

4> Outside

Sources

of Rabbinic

Income

under the guidance of R. Joseph of Aries. I n the beginning of his responsum, the son declares that his father had asked him to discuss the question, 'and I ask you to tell me, according to the Torah which has been told us by our rabbis, the masters of law who sit in the seats of judgement, whether the Jews resident in Pisa, who earlier held the presumption of this prerogative, can prevent you'. This would indicate that the question of the opening of the bank in Pisa and the halakhic controversy which raged round it sincerely interested the Rieti family, and they discussed the substantive issues involved within the context of religious study, albeit from the perspective of an interested party. The private rabbis, who lived in close proximity to their patrons, were themselves influenced by this situation—-each one according to his particular personality and reactions. An interesting illustration of this problem emerges from a case involving a dispute between an orphaned girl who had reached maturity, and a woman who was the guardian of her father's property. R. Moses Provenzali's responsum concerning this matter, from the second half of the sixteenth century, has been preserved. The case was as follows: at the orphan's request, a court of arbitrators ruled that the guardian was to submit a detailed account of the property which had been under her custody. I n a second ruling, which was not immediately published, the judges ruled that, if the account did not satisfy the orphan, both sides were to choose expert accountants who would examine the books and draw their conclusions. The judges likewise ruled that 'they reserve for themselves the authority to clarify any question which may arise regarding this ruling, throughout the duration of the 65

66

67

T h i s responsum has been preserved, b o u n d w i t h i n a copy o f the book E l e h h a - D e v a r i m , M a n t u a 1566 edn., i n the M e d i c e o - L a u r e n z i a n a L i b r a r y i n Florence. I t includes 15 small pages, containing 20 lines o n each page, apart f r o m the last, w h i c h includes only 3 lines. I t seems to me that this responsum can add a n u m b e r o f details to complete the p i c t u r e , such as the reference to the pressure exerted by the Pisan p u b l i c against the C h u r c h authorities to restore l e n d i n g at interest to its former place, and the role o f the university students i n this incident. T h i s last detail combines w i t h other i n f o r m a t i o n k n o w n to us, i n w h i c h the opening o f banks for l e n d i n g money at interest is justified i n terms o f the needs o f university students; see also C h . 1, Sect. 1. 6 5

I t is clear that his teachers ' w h o are Masters o f teaching o n the seats o f j u d g e m e n t ' are none other than R. Joseph d'Arles, the head o f the yeshivah established by Ishmael da R i e t i i n his home, so that his son c o u l d be educated there. ' T e s h u v o t R. M o s h e Provenzali', sect. 159. T h e question and the responsa are cited i n f u l l i n the H e b r e w version o f this book, D o c u m e n t 38, pp. 249-55. 6 6

6 7

2. What were Itinerant

Rabbis?

203

compromesso'. The guardian delivered her accounts to the orphan, to which the latter raised objections. The arbitrators then published the second ruling, mentioned above; in accordance with this latter ruling, the orphan requested that the books be examined by two accountants. The guardian ignored this request so that, in accordance with the second ruling, the arbitrators demanded the right of final ruling. The guardian refused to submit to their judgement, on the basis of various arguments which she put forward at the suggestion of a rabbi 'who had received generous payment from her for many years'. The orphan argued in return that this rabbi's arguments were invalid because he was 'dependent' on the guardian, 'being supported together with all the members of his household' by the guardian. We find here a case of a wealthy aristocrat who generously supported a rabbi along with his entire household; it is argued that, because the rabbi is dependent upon this woman, his various arguments are intended to assist her in escaping from justice. This incident was a typical one in Italy during the period under discussion. The orphan was unable to appeal to a communal court because such courts did not exist—a point which has already been made several times, and which will be explained in detail in the next chapter. On the other hand, the existence of 'private rabbis' supported by patrons enabled these same wealthy individuals to define their family and entourage, who worshipped in their own private synagogue, as an autonomous 'congregation'. This made it possible for the recalcitrant guardian to answer in all seriousness that she wished to be tried before 'the judges of her community'. R. Moses Provenzali related to this claim with all seriousness, recognizing that the guardian's synagogue in principle constituted a distinct, separate community. For this reason, one could reasonably argue that the respondent could force the claimant to take the case to her community, on the grounds that 'the litigants are to be judged before the judges of the community of the respondent'. Provenzali stated in his responsum that such a claim could only be invoked where one was dealing with expert judges who were not appointed by the litigants ad hoc, 'but in this generation, where there are no experts, but each [litigant] selects one arbitrator, how can one think that the respondent should 68

69

6 8

T h e exact significance o f the terms appearing here w i l l be discussed at l e n g t h i n

C h . 5.

6 9

See Shulvass, Renaissance,

192.

204

4- Outside

Sources

of Rabbinic

Income

come and say, "Come and choose with me judges from such and such a community"? Is there not a well-known mishnah [which states] " T h i s one selects one judge, and that one selects one judge"?' The situation alluded to by this rabbi was obviously not one in which there were permanent courts which might judge without the prior consent of the two sides, but one in which the parties each chose arbitrators; this situation disqualified the guardian's argument in principle, irrespective of the specific status of her private rabbi. R. Moses Provenzali addressed several comments towards the lady's rabbi, who was presumably ordained, and whom he did not consider an utter ignoramus, concerning the proper behaviour for a rabbi in such a situation, in terms of both decency and the honour of the Torah. I n his view, such a private rabbi 'ought not to be a judge [in such a situation]' and may even be formally disqualified 'by law, even if he is chosen by the arbitrator of the orphan'. It follows that such a private rabbi may at best serve as the legal adviser to the guardian. As one who understood the mentality of such rabbis, supported by wealthy people and subjected to the peculiar psychological pressures entailed in this status, Provenzali added that: 'My heart tells me that if things are as my inquirer states, it would be better for that sage to be disqualified by others; but so long as others do not disqualify him, he has not the power to avoid participating in this case, because the hand of the guardian is stronger than his own . . .' We may conclude from this that there were certainly some rabbis during this period who accepted payment from the wealthy and shared their tables. At times, this situation was selfishly abused, but this is no more than the negative side of the general phenomenon of patronage, to which each patron and rabbi reacted in his own individual way. In the sentence, 'my heart tells me . . . that it were better for that sage were others to disqualify him', R. Moses Provenzali succinctly summarized the delicate situation in which the private rabbis found themselves. It involved continual tension between the desire for intellectual independence and the sense of psychological pressure owing to their peculiar situation of economic dependence. This tension left its mark on all areas, and not only on that of the specific economic interests of the patrons. I n the final analysis, what determined the behaviour

2. What

were Itinerant

Rabbis?

205

of the individuals involved, among the infinite possibilities presented by reality, were the degree of intellectual honesty and piety of both the rabbi and his patron, and the nature of the specific question on which the rabbi's opinion was asked. Interesting light is shed on this matter by a small incident in which Provenzali himself found a way of compromising on an issue—albeit one of considerably less weight than the one discussed above—in which he himself was not ashamed to propose a certain modus vivendi. Many Italian Jews were accustomed to combine the second and third Sabbath meals during the short winter Sabbath days, separating them from one another by reciting the Grace After Meals and immediately thereafter ritually beginning a 'new' meal by washing their hands and reciting the blessing over bread. Provenzali, asked whether this custom was a proper one, replied as follows: 70

I w i l l now answer you concerning your [practice of] eating w i t h those who advance the t h i r d meal prior to its proper time, eating it before noon. K n o w that i n the home of my patron they also follow this practice, and they incorporate i t into the morning meal, dividing that meal into two. Although I have heard nothing on the matter [i.e. / have no specific tradition concerning a ruling from earlier rabbis], the custom does not seem right to me. I n any event, I eat w i t h them, i n order not to deviate from their custom, but I do not recite Grace after the first meal, but rather they recite Grace and I am silent, for it is my intention to eat another meal [later i n the day], so that what is two for them is one for me. When they wash their hands a second time, I wash my hands [for the sake of f o r m ] , but I do not recite the blessing, because it is superfluous for me, nor do I recite the blessing over bread, but I answer ' A m e n ' to their blessing.

This constitutes clear evidence that R. Moses Provenzali earned his living in the home of a patron. He referred to that wealthy householder by the same term used by R. Joseph of Aries to refer to his patron, R. Ishmael da Rieti: 'my wealthy master' (geviri). Provenzali compromised here with his conscience 'for the sake of peace', thereby avoiding a confrontation over a matter which did 71

T h i s responsum does n o t appear i n the collection o f his responsa published by his grandson; see R. B o n f i l , 'R. Moses Provenzali's C o m m e n t a r y to M a i m o n i d e s ' 25 A x i o m s ' , KS 50 (1975), 164. I t is i n c l u d e d i n the collection o f his miscellaneous responsa i n M S L o s Angeles 12 ( I M H M 28085), fo. 28b. 7 0

7 1

See the above q u o t a t i o n i n this section.

2o6

4. Outside

Sources

of Rabbinic

Income

not seem to him one of principle; there are certain matters in which a rabbi must know how to use his common sense! We may thus conclude that the institution of the private rabbinate in Italy during the period under discussion constituted the Jewish equivalent of patronage, so characteristic of the Renaissance, in both its positive and negative aspects. This phenomenon took shape against the background of a general situation in which the decisive majority of the rabbis were not part of the community organization. As we have frequently mentioned above, one of the primary causes of this situation was the failure of the communities to establish autonomous judicial institutions in which the rabbis could have found a broad framework for activity within the communal organization. We shall now turn to examining more fully the situation in the judicial realm, which will aid us in forming an overall picture of the period.

5 The Judicial i.

CHRISTIAN

Function

of the

Rabbis

O P P O S I T I O N TO T H E E S T A B L I S H M E N T

AUTONOMOUS JEWISH JURIDICAL

OF A N

SYSTEM

With the efflorescence of Roman law from the eleventh century onwards, Christian jurists turned their attention to the question of the interpretation of the basic Roman laws pertaining to Jews. As is well known, according to the literal reading of these laws, Jewish autonomy is not recognized, except within the realm of civil law, and even there only concerning arbitration, when the agreement of both litigating parties is required. It seems fairly well established that, throughout the period under discussion, the Jews in Italy never lost their theoretical status as cives, in so far as Roman law was concerned. This apparently implied that Jewish law was not recognized as the personal law of the Jews. It should be added that the binding character of Mosaic law was denied by Christian theology, a fact which influenced the opinion of the jurists, who were generally under the influence of that theology. This opinion was not universally accepted, however, and room was left for the argument that, in a manner parallel to the acceptance of local legal codes alongside Roman law, Jewish law ought to be considered valid as the personal law of the Jews, as a sort of species within the genus. But even this line of 1

2

3

4

See e.g. Codex Justinianus i . 9, 7: ' N e m o J u d a e o r u m m o r e m s u u m i n c o n i u n c t i o n i b u s retinebit nec juxta legem suam nuptias sortiatur nec i n diversa sub uno tempore coniugia conveniat.' Cf. o n the other h a n d , Codex Theodosianus i i . 1, 10 and, w i t h a slight b u t significant change, Codex Justinianus i . 9, 8: 'Judaei, r o m a n o et c o m m u n i jure viventes, i n his causis quae n o n tarn ad superstitionem e o r u m q u a m ad f o r u m et leges ac jura pertinent, adeant solemni m o r e judicia omnesque romanis legibus inferant et excipiant 1

actiones: postremo sub legibus nostris sint. Sane, si q u i per c o m p r o m i s s u m ac s i m i l i t u d i n e m a r b i t r o r u m a p u d judaeos vel patriarchas ex consensu p a r t i u m i n c i v i l i d u m t a x a t negotio p u t a v e r i n t l i t i g a n d u m s o r t i r i e o r u m j u d i c i u m jure p u b l i c o n o n vetentur; e o r u m sententias p r o v i n c i a r u m judices exequantur, t a m q u a m ex sententia cognitoris a r b i t r i f u e r i n t a d t r i b u t i . ' See also J . Juster, Les Juifs dans ? Empire Romain (Paris, 1914), i i . 101-6, and cf. his discussion there concerning the legal framework for specifically religious matters. 2

4

See V . C o l o r n i , Legge ebraica e leggi locali ( M i l a n , 1945), 33-94. Such is the o p i n i o n o f the canonic j u r i s t C a l d e r i n i ( d . 1365), i b i d .

I b i d . 166-70. 161. 3

5 . The Judicial

208

Function

of the

Rabbis

reasoning did not imply actual recognition of an autonomous Jewish judicial system. It implied only that the regular judges should be obliged to judge Jews according to their own personal law. In any event, the only model which could possibly serve as a basis for the establishment of an internal Jewish juridical system was that of arbitration. I n other words, since Roman law allowed Jews to turn to arbitration according to general consensus, and arbitration was acknowledged and incorporated in the judicial system, the arbitrator's decisions being binding upon the local governments, the Jews could try to build a system of internal jurisdiction over their co-religionists by in some way transforming arbitration into a compulsory procedure. Two primary means were open to the Jews for attaining this goal: the introduction of ad hoc legislation on the part of the ruling Christian authorities and the promulgation of internal ordinances within the communities. The Church establishment was adamantly opposed to both of these. Ad hoc legislation on the part of the authorities might be accomplished by introducing clauses relating to this matter into the text of the privileges granted to the Jews. It is known that in these clauses one may at times find some of the most striking examples of the ambivalence characteristic of the policy towards the Jews. This was but one aspect of the more general tension in the Jews' existence, caught as they were between central and local authorities, i.e. between the emperor and the Church, on the one hand, and, especially in Italy, between ecclesiastical authorities and local governments. As we have seen, Christian jurists might be tempted to deny the validity of Jewish law as a consequence of the abolition of the Old Testament by the New. 5

6

7

See i b i d . 159 ff. and esp. 177-81. I shall r e t u r n to this p o i n t later. I b i d . 306. See H . H . Ben-Sasson, ' T h e N o r t h e r n European Jewish C o m m u n i t y ' , JWH 11 (1968), 208-19. T h i s is likewise the source o f the papal statements, such as that o f Pope M a r t i n V to the Jews o f G e r m a n y , Savoy and Bresse i n 1418, declaring that there is no judicial a u t h o r i t y over the Jews other than the local authorities; see M . Stern, Urkundliche Beitrdge uber die Stellung der Pdpste zu den jfuden, 2 vols. ( K i e l , 1891-3), i . 21-5, D o c u m e n t s 9 and 10. I t is perhaps w o r t h m e n t i o n i n g here the view o f some scholars who see the differences between the formulations o f the t w o documents m e n t i o n e d as reflecting differences i n the papal tendencies w i t h regard to the Jews i n I t a l y , as against those beyond its borders; see S. Grayzel, ' T h e Papal B u l l Sicut Judaeis\ Studies and Essays in Honor of Abraham A. Neuman ( L e i d e n , 1962), 271-5. 5

6

7

/. Opposition

to Legal Autonomy

209

Such an approach found practical expression in the official position within the Papal States. Moreover, one of the main conclusions drawn by the Christians from their own theological teachings in the public realm was the absolute refusal to permit Jews to serve in positions of rulership and power, including positions which might be perceived as involving any kind of dignitas? T h e ecclesiastical authorities thereby forcefully prevented any recognition of compulsory jurisdiction of Jews over other Jews, even if only in the realm of arbitration. One may therefore schematically say that opposition to granting rights to the Jews in this area was directly related to the ecclesiastical authorities' influence over local governments. In those places where the Jews were subject directly to the Church, the local government had exclusive legal authority even over internal Jewish disputes. One therefore searches in vain 8

10

11

12

e.g. B. Z . D i n u r , YisrcCel ba-Golah,

8

235, sect. 48 [ E n g l i s h : Israel Church

and the Jews

( T e l A v i v , 1965), I , i . 150, sect. 10; i b i d . I I , i .

and the Diaspora

in the XIHth

Century

(Philadelphia, 1969)]; S. G r a y z e l ,

See V . C o l o r n i , ' S u l l ' a m m i s s i b i l i t a degli ebrei', Scritti

9

The

(Philadelphia, 1933), 27, 198-200. in onore di Riccardo

Bachi,

RMI

16 (1950), 2 0 3 - 8 . H o w e v e r , the C h u r c h d i d not a t t e m p t to interfere i n matters such as dietary laws, Sabbath observance, and the like, despite their importance f r o m the theological p o i n t o f view. One may see a justification for that i n the d i s t i n c t i o n between cerimonialia and judicialia as stated i n T h o m a s ' s Summa Theologica, Secunda Secundae, x. 11 (cf. also P r i m a Secundae, civ. 1): T h e Jews observed the cerimonialia alone, and even t h o u g h these had the character o f ' n o n s o l u m m o r t u a , sed etiam m o r t i f e r a observantibus', they were the exclusive concern o f the Jews. O n the other h a n d , 'judicia exercentur officio a l i q u o r u m P r i n c i p u m , q u i habent p r o p r i e t a t e m j u d i c a n d i ' . I t follows that a princeps w h o recognizes a system o f Jewish law w i t h i n the region under his a u t h o r i t y sins towards the C h u r c h , as by this fact he acknowledges that, for a p o r t i o n o f the p o p u l a t i o n under his r u l e (i.e. the Jews), those judicialia constituted laws w h i c h 'habent v i m o b l i g a n d i ex veteris legis'. 1 0

T h i s is p a r t i c u l a r l y s t r i k i n g i f one compares t w o documents issued by Pope M a r t i n V (as already noted). T h e one p e r t a i n i n g to the Jews o f I t a l y states e x p l i c i t l y that the Pope wishes that disputes among Jews be b r o u g h t before the local authorities alone: 'decernentes u l t e r i u s , q u o d causas, lites seu controversias p r o tempore orituras i n t e r ipsos Hebraeos domini locorum, u b i h u i u s m o d i lites motae f u e r i n t , videre, decidere ac terminare ac v i d e r i , decidi et t e r m i n a r i facere ab e o r u m officialibus et m i n i s t r i s deputatis de j u r e , summarie, s i m p l i c i t e r de piano et sine figura i u d i c i i . . .' ( S t e r n , Urkundliche Beitrdge, 42). 1 1

See the 1429 version o f Pope M a r t i n ' s edict, cited i n the previous note, and cf. the expression given to the same outlook i n Reformatio Tribunalium Almae Urbis et eius officialium i n 1611 ( H . Vogelstein and P. Rieger, Geschichte der Juden in Rom ( B e r l i n , 1895-6), i i . 196). O n e m u s t emphasize that this was n o t an i n n o v a t i o n , b u t was and remained the policy o f the C h u r c h towards the Jews t h r o u g h o u t the p e r i o d , b o t h before 1611 and for m a n y years f o l l o w i n g ; see C o l o r n i , Legge ebraica e leggi locali, 319-20, and his perceptive c o m m e n t o n Vogelstein and Rieger's remarks. One m i g h t apparently derive a somewhat different conclusion f r o m article 22 o f the ordinances o f D a n i e l o f Pisa; see A . M i l a n o , T " C a p i t o l i " de D a n i e l da Pisa', RMI 10 (1935-6), 324-38, 409-26. T h e text o f that article reads: 'Elessero et d e t e r m i n o r o n o . . . che se occorresse qualche l i t e o 1 2

5 . The Judicial

210

Function

of the

Rabbis

among the privileges granted in these places for any clause referring to arbitration among J e w s . One likewise finds no such clause in the privileges granted to the Jews in those regions in which the influence of the Church was particularly great, such as Naples or U m b r i a . I n most cases, it is difficult to state definitively whether the absence of such a clause was a function of pressure from the Church, or whether this is related to the fact that the condotta was granted only to individual banking families. But the very fact that condotte exist which delegate 13

14

15

16

differenza . . . i n qualsivoglia negotio fra o l t r a m o n t a n i , siano t e n u t i a chiamare a r b i t r i della congrega italiana col terzo . . . e cosi se la lite fosse fra itagliani g l i a r b i t r i siano o l t r a m o n t a n i per cosa delPuniversale o vero che occorresse differenza tra g l ' u o m i n i della Congrega che n o n potesse vincersi per p a r t i t o che le palle fossero mezze nere e mezze biandre i n questo case definiranno e t e r m i n e r a n n o loro lite e differenze secondo la giustizia comportara 1*111. m o . . . V i c a r i o del nostro Pontefice o suoi m i n i s t r i . ' H o w e v e r , i t is clear that this clause only applies to controversies concerning p u b l i c matters (per cosa delPuniversale);

one m u s t

therefore i n t e r p r e t i t b y the a d d i t i o n o f a f u l l stop f o l l o w i n g the w o r d 'universale'. I t is difficult to imagine that one w o u l d f i n d , c o m b i n e d together i n one article, matters r e f e r r i n g to j u r i s d i c t i o n i n the private realm co m bin ed w i t h those p e r t a i n i n g to decisions o f the C o u n c i l . T h e I t a l i a n syntax (che se occorresse . . . o vero che occorresse . . . i n questo caso . . .) w o u l d apparently support our i n t e r p r e t a t i o n . M o r e o v e r , i f this refers to disputes among Jews, one w o u l d have expected to f i n d here a clause r e f e r r i n g to those cases i n w h i c h one side was f r o m the I t a l i a n c o m m u n i t y and the other f r o m the

oltramontani.

T h e reference is obviously to the privileges (condotte) granted to the Jews as a group or c o m m u n i t y , and n o t to those granted to i n d i v i d u a l Jews. A systematic analysis o f the contents o f the many extant privileges (published or s t i l l i n manuscript i n archives) is still an outstanding desideratum. O n the specific p o i n t dealt w i t h here, see M . R a d i n , ' A Charter o f Privileges o f the Jews i n Ancona o f the Year 1535', JQR N S 4 (1913-14), 225-48. I t appears that conditions were n o t appreciably different i n the other cities o f the M a r c h e region. A c c o r d i n g to H . Rosenberg, ' A l c u n i d o c u m e n t i r i g u a r d a n t i M a r r a n i portoghesi i n A n c o n a ' , RMI 10 (1935), 311 n . 1, the privileges published b y R a d i n were not granted to the Jews o f the Ashkenazic c o m m u n i t y o f the city o f Ancona, b u t only t o bankers f r o m other cities o f the region; however, the matter requires f u r t h e r examination. I f one may conclude f r o m the sentence i n the privilege granted to the Jews o f Ascoli i n 1470 ('super capitulis ebreorun q u i hactenus steterunt i n hac nostra civitate . . . c o n f i r m e n t u r et p r o r o g e n t u r ' ) that this was a c o n f i r m a t i o n o f the conditions granted t o the Jews f r o m the year 1297, then i n this c i t y as w e l l there was nowhere m e n t i o n made o f the clause p e r t a i n i n g to the law o f a r b i t r a t i o n between Jews, neither i n the privileges, nor i n the other documents published i n the antisemitic book b y G . F a b i a n i , Gli ebrei e il Monte di Pieta in Ascoli (Ascoli Piceno, 1942). 1 3

See D . K a u f m a n n , ' C o n t r i b u t i o n s a l ' H i s t o i r e des Juifs en I t a l i e ' , REJf 20 (1890), 56-66. See the documents published b y A . F a b r e t t i , Sulla condizione degli ebrei in Perugia dal X I I I secolo; Documenti ( T u r i n , 1891); see also A . Toaff, Gli ebrei a Perugia (Perugia, 1975); i d e m , ' G l i ebrei a citta d i Castello dal X I V al X V I secolo', Bollettino della deputazione di storia patria per PUmbria, 72 (1975), fasc. 2. See e.g. A . I v o , 'Juives et M o n t s de Piete en I s t r i e ' , R E J 2 (1881), 188-95; L . Zdekauer, ' I capitula hebraeorum d i Siena, 1477-1526', i n Archivio giuridico 'Filippo SefaffinP, 5 (repr. 1900), 4 - 9 . 1 4

1 5

1 6

2. Legal

System

on Basis

of

Arbitration

211

exclusive judicial authority over the Jews to the local authority may be assumed to indicate a clear tendency, which may or may not have derived from the Church's influence in those places, as it did in the Papal States themselves. This assumption is further confirmed by a draft of a memorandum, addressed to the ruler by the attorney of a Jewish widow, apparently in Reggio, in the latter half of the sixteenth century or the early seventeenth century. This attorney discusses three questions: Are Jews allowed to benefit from the legislation recognizing courts of arbitration in those civil cases and controversies which pertain only to them? I f so, must the arbitrators rule according to local law or according to Jewish religious law? Finally, are Jews allowed, or perhaps even obliged, to choose Jewish arbitrators or judges? After answering the first question in the affirmative, the author built his case upon a series of references in juristic literature, according to which the parties may agree in advance that the arbitrators are to rule in accordance with Jewish law, provided that the following six conditions are 17

18

19

I n Florence, we find that j u r i s d i c t i o n over the Jews was already t u r n e d over to the special a u t h o r i t y o f the otto di Guardia e Balia i n the conditions f r o m 1437, w h i c h were reconfirmed u n d e r the later conditions. See M . C i a r d i n i , / banchieri ebrei in Firenze (Borgo S. L o r e n z o , 1907), A p p . I , p. v i i i (for 1437), A p p . V I , p. x x x i (for 1448), A p p . X X I , p p . l x x i i i - l x x i v (for 1481); cf. also U . Cassuto, Firenze (Florence, 1918), 151, 344; C o l o r n i , Legge ebraica e leggi locali, 320. T h i s being the case, the Jews were not required to appeal to Jewish arbitrators (see C i a r d i n i , / banchieri ebrei, 7 - 8 ) , w h i l e i f they d i d so o f their o w n free w i l l , they had the r i g h t to appeal against the arbitrator's r u l i n g before the 'eight' i n all cases. T h i s situation was changed i n the D u c h y o f T u s c a n y o n l y after the g r a n t i n g o f the privilege to the Jews o f L i v o r n o and Pisa i n 1593, where i t was expressly stated that the D u k e was aware o f the fact that i n g r a n t i n g judicial rights to the Jewish lay leaders he agreed 'che la giurisdizione e l'autorita del . . . nostro giudice sia d e m i n u n i t a ' (see C o l o r n i , Leggi ebraica e leggi locali). T h i s was a marked i n n o v a t i o n , w h i c h took place w i t h i n the specific context o f F e r d i n a n d o d i M e d i c i ' s plans for developing the D u c h y , i n the f r a m e w o r k o f w h i c h he granted an unusually liberal privilege, o p e n i n g a new period going beyond the chronological boundaries o f this w o r k . O n M a n t u a , see S. S i m o n s o h n , Mantua (Jerusalem, 1972), 765 ff.; i b i d . 775-8 (for 1587); and cf. C o l o r n i , Legge ebraica e leggi locali, 3 3 8 - 4 1 . See also the privilege o f the Jews o f Asolo f r o m 1508 and 1521, i n M . L a t t e s , ' D o c u m e n t s et notices sur l'histoire p o l i t i q u e et litteraire des Juifs en I t a l i e ' , REjf 5 (1882), 230. 1 7

T h i s m e m o r a n d u m is preserved among the documents i n the M o d e n a A r c h i v e , available o n m i c r o f i l m i n I M H M , p p . 6-13 ( i n I t a l i a n ) and 14-20 ( i n L a t i n translation). ' . . . se g l i hebrei nelle loro cause, er questioni possano goder del p r i u i l e g i o dello statuto sotto alia R u b r i c a de compromissis. Se questi A r b i t r i nel sentenziare debbano seguitare lo stile, e g l i statuti della legge c o m u n e o p u r della mosaica. E per u l t i m o se delle medesime cause p u r anche possano, o p u r si debbano essere hebrei A r b i t r i , e G i u d i c i . ' I t follows f r o m this that the t e r m ' g i u d i c i ' is a s y n o n y m for ' a r b i t r i ' . I shall r e t u r n to this semantic p o i n t i n Sect. 6. 1 8

1 9

212

5- The Judicial

Function

of the

Rabbis

fulfilled, that: the discussion revolve around a question of civil law; the dispute itself be one among Jews; nothing in the arbitrator's decision contradict civil law; nothing in such a decision touch upon the Christian religion; the procedure involve only the issuing of the decision itself (without those preliminary stages characteristic of the activities of a recognized judicial system, such as the acceptance of testimony before a notary, the requirement that witnesses appear before the judges, etc.); and the discussion be conducted entirely in accordance with Jewish law. I n his opinion, the response to the second question implies that the arbitrators ought to be Jews, as they are more expert than Christians in matters of Jewish law. Thus, according to this lawyer, who presents the arguments of the Jewish side, there is no obligation on the part of the Jews to seek the arbitration of Jewish arbitrators, either by force of the condotta or by force of local legislation. The argument for the right to appeal to Jewish arbitrators is rather presented as a logical demand, which in no way follows from the principle established in the response to the second question—i.e. that Jewish law is the personal law of the Jews. 20

21

2. M E A N S

OF E S T A B L I S H I N G

A JEWISH JUDICIAL

O N T H E B A S I S OF

SYSTEM

ARBITRATION

In those states where the Jews obtained the inclusion of a special clause in the condotta by which individual Jews were compelled to turn to Jewish arbitration, the situation was different. This was true, for example, in the duchy of Milan, after Duke Francesco Sforza I I decided in 1533 that: . . deuono le l i t i c i u i l i fra g l i hebrei essere decise, et terminate conforme alia legge d i M o s e , quando habbiano queste sei circostanti che seguono: Che siano c i u i l i . Che siano fra hebrei, et hebrei. Che non siano contro la legge ciuile. Che n o n t o r n i n o i n p r e g i u d i t i o , et i n isprezzo della religion Christiana. Che concernano la decisoria, e n o n l'ordinatoria de g i u d i t i j . e che finalmente siano tali che nominatamente et i n particolare uengano decise, e terminate dalla legge Mosaica.' T i n a l m e n t e [ t e ] quanto a l l ' u l t i m o c o n c h i u d o si debbano elegger p i u sotto A r b i t r i hebrei i n casi c i u i l i fra hebrei et hebrei che A r b i t r i Christiani: la ragione e questa: G l i A r b i t r i che sono per giudicare fra hebreo et hebreo debbono giudicar conforme alia legge d i M o s e , come s'e prouato nel 2° quesito. M a g l i A r b i t r i h e b r e i i n cotal leggi sono p i u pratichi d i gran lunga che n o n sono l i Christiani. A d u n q u e ne' casi c i u i l i fra hebrei, et hebrei debbono essere A r b i t r i hebrei, e n o n a r b i t r i C h r i s t i a n i . ' 2 0

2 1

2. Legal

System

on Basis

of

Arbitration

213

whenever there shall be a dispute or controversy i n the civil realm, for every dispute and argument among the Jews, they shall select two Jewish doctors or two Jewish arbitrators who w i l l see and judge i n accordance w i t h their laws and statutes. A n d i f a Jew w i l l violate these ordinances, he shall receive a penalty o f twenty imperial lire . . . 22

2 3

This liberal privilege evidently served as a model for the privileges granted in later years in the adjacent states of Montferrat and Savoy, and we may reasonably assume that, for this very reason, a copy was preserved in the communal archives in Mantua. It 24

25

26

2 2

e.g. t w o rabbis.

T h i s privilege was published by S. S i m o n s o h n , ' U n p r i v i l e g i o d i Francesco i l Sforza agli ebrei del ducato d i M i l a n o ' , i n Scritti in Mentoria di Sally Mayer (Jerusalem, 1956), 308-24. T h e privilege was ratified b y Charles V i n a letter f r o m Barcelona dated 20 M a r . 1538. As the cease-fire between the K i n g o f France and the E m p e r o r w e n t i n t o effect, Charles V p u b l i s h e d , o n 27 A u g . 1541, a collection o f laws p e r t a i n i n g t o the D u c h y o f M i l a n , i n c l u d i n g several a p p l y i n g to the Jews. Despite the hostile nature o f these regulations, as well as o f the laws enacted b y the same E m p e r o r on 3 A p r . 1564, the clause p e r t a i n i n g to the i n t e r n a l legal system o f the Jews d i d n o t change. I n any event, on 12 June 1544 the r u l e r o f the D u c h y , w i t h the agreement o f the E m p e r o r , published a new privilege w h i c h was i n effect for eight years, i n w h i c h he reaffirmed the v a l i d i t y o f that issued b y Francesco Sforza I I : ' i m o siano m a n t e n u t i e preservati n e l l i p r i v i l e g i i m m u n i t a et comodita franchixie, come sono stati m a n t e n u t i et preservati nel t e m p o del predetto S ignore D u c h a Francesco I I et dopo sino al presente per vigore delle concessione et confirmatione prefate . . .' T h i s indicates to us the power o f local c u s t o m , despite the dramatic change i n r u l e r s h i p , other examples o f w h i c h w i l l be cited. T h i s privilege was again reaffirmed i n 1556 for a p e r i o d o f twelve years. A f t e r four years (1569-73), d u r i n g w h i c h the Jews l i v e d i n this D u c h y w i t h o u t r e n e w i n g their privilege, its contents were yet again renewed several times between 1573 and t h e i r final expulsion i n 1597. O n this 2 3

matter, see C. I n v e r n i z z i , ' G l i ebrei a Pavia', Bollettino della Societd Pavese di storia patria (Pavia, 1905) [ o f f p r i n t at the Jewish N a t i o n a l L i b r a r y i n Jerusalem], 55-67, and cf. R. Segre, Gli ebrei Lombardi ( T u r i n , 1973), 6-14. See also C o l o r n i , Legge ebraica e leggi locali, 329. P r i o r to the privilege o f Francesco Sforza, n o t o n l y was there no o b l i g a t i o n o n the part o f the Jews to t u r n to Jewish a r b i t r a t i o n — a s we learn f r o m a dispute between t w o Jews i n Pavia, w h o t u r n e d to t w o C h r i s t i a n arbitrators on 26 Sept. 1525 ( I n v e r n i z z i , Bullettino della Societd Pavese, 41 n . 1 ) — b u t even i f they d i d t u r n to Jewish arbitrators, and these were unable to agree u p o n the choice o f a t h i r d a r b i t r a t o r , they were obliged to appeal to the local j u d i c i a l system o f the D u c h y ( i b i d . 23 n . 2). See S. Foa, Gli ebrei nel Monferrato (Alessandria, 1914; repr. Bologna, 1965), 159, 162, 165, 167, 169, 170; cf. S i m o n s o h n , ' U n P r i v i l e g i o ' , 310 n . 5; see also C o l o r n i , Legge ebraica, 326-8. 2 4

See M . Lattes, ' D o c u m e n t s et Notices', 235. Cf. G . B o r e l l i , Editti antichi e nuovi dei Principi di Savoia ( T u r i n , 1861), 1230, 1243; C o l o r n i , Legge ebraica, 325; and cf. H . B e i n a r t , 'Jewish Settlement i n the D u c h y o f Savoy i n the W a k e o f the Privilegio of 1572' ( H e b . ) , Sefer Zikaron le-Aryeh Leone Carpi ( M i l a n and Jerusalem, 1967), H e b r e w sect., 72-118. See S i m o n s o h n , ' U n P r i v i l e g i o ' , 308 n . 1. I t seems, however, that the text o f this privilege was based u p o n an earlier source, namely, o f a privilege granted i n the regions under the r u l e o f Francesco Sforza f r o m the m i d d l e o f the 15th century; see S. S i m o n s o h n , ' A l c u n e note sugli ebrei a Parma nel ' 4 0 0 ' , i n Studi suitebraismo italiano in memoria di Cecil Roth (Rome, 1974), 227-60. 2 5

2 6

214

5 . The Judicial

Function

of the

Rabbis

is also worth noting here that, although following the marriage of Federico Gonzaga with Margherita Paleologo (who together initially granted the privilege in 1539) the state of Montferrat was ruled by the Mantuan dukes of Gonzaga, there was still a considerable difference between the judicial rights of the Jews in Montferrat and in Mantua itself. Obviously, the power of tradition and of local conditions was sometimes stronger than the demand for uniformity and consistency in governmental policy, even within the same state. Where the Jewish communities were unsuccessful in obtaining the permission of the government to require its members to turn to Jewish arbitration, they nevertheless attempted to create an autonomous judicial system through the introduction of internal communal ordinances prohibiting recourse to Gentile courts and requiring recourse to Jewish arbitrators. However, the promulgation of such ordinances was no easy matter, as the ruling authorities generally reacted immediately and decisively once such ordinances became known to them. One must also keep in mind that the effectiveness of such ordinances was limited so long as they were not reinforced by the imposition of the ban, which required special permission by the local authorities, including the ecclesiastical ones. The latter of course reacted severely to any 27

28

29

See C o l o r n i , Legge ebraica, 327-8. S u c h ordinances were also i n t r o d u c e d i n c o m m u n i t i e s whose rulers acknowledged the necessity o f t u r n i n g to Jewish arbitrators, such as Cremona; see S. S i m o n s o h n , ' C r e m o n a ' , Mikhail, 1 ( T e l A v i v , 1973), 259. These ordinances, w h i c h carried w i t h t h e m the penalty o f the ban, were i n t r o d u c e d there i n order to prevent people f r o m t u r n i n g to non-Jewish courts, despite the fact that this involved the payment o f a penalty under the conditions o f the privilege. E x p l i c i t permission was likewise granted i n the privilege o f the D u k e o f Savoy to impose the ban u p o n those who refused to t u r n to Jewish arbitrators; see L a t t e s , ' D o c u m e n t s et Notices'. O n the negative attitude o f the Jewish rabbis to appeals to non-Jewish courts, and on the means o f pressure utilized to force t h e m to t u r n to Jewish courts, see S. Assaf, Batei Din ve-Sidrehem Aharei Hatimat ha-Talmud (Jerusalem, 1924), n - 3 3 . 2 7

2 8

T h e question o f the relation o f the local authorities to the C h u r c h authorities i n this matter has not yet been studied i n d e p t h . B u t see, i n general, S i m o n s o h n , Mantua, 256-8; Benayahu, Haskamah u-reshut be-defusei Venezia, 33; J . Shatzmiller, Recherches sur la Communaute Juive de Manosque au Moyen-Age (Paris and T h e Hague, 1973), 40¬ 9; and see also C h . 2, n. 172. I n any event, one m u s t take care not necessarily to l i n k 2 9

the question o f the permission to impose the ban w i t h that o f the overall framework o f Jewish law, despite the close connection between t h e m . T h e opposition o f the C h u r c h to recognizing the Jewish system o f law was absolute, w h i l e w i t h regard to the ban i t demanded no m o r e than the r i g h t to decide i n w h i c h cases to allow the Jews to impose it.

2. Legal

System

on Basis

of

Arbitration

215

attempt on the part of the Jews to evade governmental policy so that, under the best of circumstances, the matter ended with the nullification of the b a n . It nevertheless seems that there was no place in which communal ordinances were not introduced on this subject, as we learn clearly from the numerous reactions on the part of the authorities. At times, such ordinances were promulgated within the statutes of the various confraternities. Thus, for example, an ordinance 30

31

of the Confraternity for Mutual Assistance (Hevrat Hesed) of Ferrara in 1553 states that:

Gemillut

32

whoever among the members o f our confraternity shall have a dispute w i t h another member of the confraternity may not go to the courts o f the Gentiles, nor to any person other than to the officials then serving i n office. A n d the latter shall rule by law or close to law, or by compromise, as they see fit. A n d i f one o f these officials is a relative of one o f the litigants, or is suspect i n his eyes, then the two w i l l be required to choose two arbitrators from the confraternity, and these shall rule for them by law or close to law or by compromise; thus shall it be, and this shall be required o f them from the appointed ones. A n d 33

34

See e.g. the repeated declarations i n Ferrara i n 1556, 1559, and 1564, the f u l l text o f w h i c h is i n Part I I o f the H e b r e w e d i t i o n o f this book, D o c u m e n t s 3 9 - 4 1 , p p . 255-6. 3 0

See C o l o r n i , Legge ebraica e leggi locali, 335-37, esp. n . 7, as w e l l as the documents i n A p p . 4, p p . 371-2. F r o m all these documents, i t is clear that the r e p u b l i c o f Venice opposed b o t h the establishment o f Jewish courts and the i m p o s i t i o n u p o n all Jews o f the obligation to t u r n to Jewish arbitrators, as correctly surmised b y C o l o r n i . I t is n o t impossible, for various reasons w h i c h we cannot expand u p o n here, that the republic behaved differently i n its colonies and provinces, such as Candia and the Venetian colony i n Constantinople. H o w e v e r , this question s t i l l requires f u r t h e r research. See D . Jacoby, 'Les Quartiers Juifs de Constantinople a PEpoque Byzantine', Byzantion, 37 (1967), 221¬ 7; i d e m , 'Les Juifs de Constantinople et leur c o m m u n a u t e d u X I l i e au m i l i e u d u X V e siecle', R E J 131 (1972), 4 0 6 - 9 . 3 1

See the ordinances o f the Gemilut sect. 22-23. 3 2

Hasadim

C o n f r a t e r n i t y o f Ferrara f r o m

1553,

I n other words, the members o f the confraternity are n o t allowed t o appeal to arbitrators w h o are n o t members thereof, even i f they are their fellow Jews. H o w e v e r , i t seems clear that special emphasis is placed here o n the p r o h i b i t i o n against t u r n i n g to G e n t i l e courts because i n that locale such a p r o h i b i t i o n d i d n o t apply t o all the Jews w i t h the force o f a c o m m u n a l ordinance. T h e c o m b i n a t i o n o f the p r o h i b i t i o n against t u r n i n g to G e n t i l e courts w i t h the r e q u i r e m e n t that they t u r n only t o arbitrators f r o m the confraternity is clearly intended t o remove the sting o f that p r o h i b i t i o n i n G e n t i l e eyes, b y m a k i n g the entire subject one o f an i n t e r n a l ordinance o f the c o n f r a t e r n i t y , taken u p o n themselves b y its members o f their o w n free w i l l . W e shall see that i n the later ordinances o f the society, due to changes that had taken place i n this matter w i t h i n the Jewish c o m m u n i t y , those clauses w h i c h applied t o the o b l i g a t i o n o f members o f the society to appeal to Jewish arbitrators disappeared; see also n . 48 and Sect. 5 i n this chapter. 3 3

3 4

T h e precise meaning o f these terms w i l l be explained f u r t h e r .

2l6

5 . The Judicial

Function

of the

Rabbis

the arbitrators, should they themselves be officials, or other ones, shall be given a period of ten days during which to complete the case, so that they may take counsel w i t h the outstanding r a b b i s as to what to do i n this case according to law. Whoever calls his fellow to judgement before the officials by the beadle o f the confraternity and does not come w i l l be required to pay five bolognini to the treasury for each occasion on which he refuses, but his fellow must have summoned h i m three consecutive times before he complains before the officials. A n d i f his opponent does not come, then the officials may issue a ruling between them as they see fit, and treat the one who refuses to come as one who disobeys the ordinance itself, and he w i l l be required to accept their ruling. 35

In the case of the internal rules of the confraternities, these ordinances were protected, not only by the sense of internal discipline binding the members of the group, but by the secrecy surrounding the group's arrangements. This was particularly true in those states which were subject to Church rule. Thus, for example, the abstract of the regulations of Hevrat Nizharim [The Confraternity of the Meticulous] in Bologna stated: ' " T h e honour of God is the hidden thing" [cf. Prov. 257 2 ] . It is 36

forbidden to reveal to any person, in speech, in writing, or by hint, the counsel of the confraternity, save with the permission from the officials, and the secret of God is with those who fear H i m " [Ps. 25: 14V Shortly before that, it states: 'Not to make [of] our enemies our judges [cf. Deut. 32: 31] by going to the courts of the Gentiles . . . Heaven forfend, concerning any Jew, even if he is not [a member] of the Confraternity of the Meticulous'. The ordinances presumably date from 1546, or even earlier, since the version here preserved was promulgated in that year, and that same year the society's meeting-place was established. The section dealing with the prohibition against appeal to non-Jewish courts in its full version is: u

31

38

So that none of the members of Hevrat Nizharim even think of 'making our enemies our judges', Heaven forfend, we have stated and enacted and prohibited that none of us shall be permitted to go to the courts T h i s is evidence o f the role played by the rabbis i n issuing halakhic r u l i n g s w i t h i n the framework o f a r b i t r a t i o n , a p o i n t to w h i c h we shall r e t u r n . See H e v r a t ' N i z h a r i m ' , Bologna, ' T a k k a n o t ' , M S N e w Y o r k P u b l i c L i b r a r y , Jewish I t e m s 34 ( I M H M 31161), sect. 16. 'to no m a n ' (le-shum adam) means: even to Jews. See n . 33. I b i d . , ' T a k k a n o t ' , sect. 12. 3 5

3 6

3 7

3 8

2. Legal

System

on Basis

of

Arbitration

217

of the Gentiles when there comes before him any complaint or dispute or appeal against any Hebrew man or woman, whether a member of our confraternity or not. . . He shall be called before the officials and the trustees who shall serve in those days and at that time, and by them shall be [judged] every dispute and separation and compromise [cf. Deut. 17: 9 ff.], and they shall not pass out of the congregation, nor shall their memory depart from their seed [cf. Est. 9 ; 28], under penalty of half a gold scudi . . . And if the one who violates this says that he is engaged in a complaint with one who is not one of our brothers [i.e. a member of Hevrat Nizharim] . . . nevertheless, in that case too it is not appropriate, and he should not separate himself from the community without the permission of the officials [i.e. he should not go to a Gentile court without their permission],

for theirs is the right and not his, and

he is required to act in accordance with the teaching by which the above-mentioned officials shall instruct and guide him, and it is incumbent upon them to finish the work . . . And the litigant shall not deviate in any way from their counsel concerning this penalty, and shall take to heart that there is a God in Israel. 39

It is clear that the long tradition of earlier rulings upon which they could draw stood the Jews of Italy in good stead in this matter. We are not interested here in analysing the various approaches, for almost each of which precedent may be found in medieval rabbinic legal literature. We are concerned here only with noting the principal means by which things were carried out in practice, within a specific historical context. On occasion, the communities introduced ordinances without even mentioning the word 'ban' (herem), or with the phrase 'with the force of a b a n ' or like phrases in which, even though 40

41

Cf. the ordinances o f Hevrat Yeshivat Shalom i n Anc ona, sect. 1 (the against t u r n i n g to G e n t i l e courts) and sect. 12 (obligation o f secrecy). 3 9

prohibition

e.g. the earliest ordinances i n s t i t u t e d i n Verona d u r i n g the first h a l f o f the 16th century. T h u s , i n an ordinance dated 19 A v 1539, i t was r u l e d — u n d e r penalty o f monetary fine, b u t w i t h o u t the b a n — t h a t anyone selected by the litigants, or by the lay leaders together w i t h the r a b b i , to serve as an arbitrator may not refuse. A n additional ordinance w i t h the same contents was i n t r o d u c e d there o n 28 A u g . 1539 (see the f u l l text o f the ordinance i n the H e b r e w version o f this book, D o c u m e n t s 4 2 - 4 3 , p. 257). 4 0

A l l this is o n l y a part o f the complex problematic p e r t a i n i n g to the ban; see C h . 2, Sect. 4, and esp. n . 144 there. F o r distinctively I t a l i a n formulations f r o m the p e r i o d under discussion, see D a v i d b. Messer L e o n , Kevod Hakhamim ( B e r l i n , 1899; p h o t o edn. Jerusalem, 1970), 30: ' b u t i f the arrangements agreed u p o n are not f o r m u l a t e d i n this manner [i.e. that they stale "he shall be under the ban" or "we ban one who violates"], but they state that " w e received the agreements under force o f b a n " , as is customary among us today w h e n u n d e r t a k i n g any agreement, this is not i n c l u d e d u n d e r [the r u b r i c of] p u b l i c bans . . . T h e explanation o f this is that, w h e n we examine this phrase, that is, " b y force o f the b a n " , [we find that] i t is not f o u n d i n the T a l m u d or i n other sources 4 1

2l8

5 . The Judicial

Function

of the

Rabbis

the ban was not explicitly mentioned, it was alluded to. At times these ordinances were more cautiously formulated, reflecting fear of the Christian authorities in this sensitive area. At other times the ordinances were strengthened by imposing the ban upon those who refused to be arbitrators after they had been chosen— a point which the Christian authorities did not regard as a violation of local jurisdiction, for reasons already mentioned. 42

43

44

[ i n the w r i t i n g s o f ] the halakhic authorities, w h o never wrote " b y force o f

[be-koah].

Rather, this phrase was invented by the lay leaders o f the c o m m u n i t i e s , w h o b o r r o w e d it f r o m the vernacular, where we are used to saying, " d o thus and such b y force o f this p e n a l t y " or " b y force o f this b a n " , and this was evidently taken f r o m the vernacular, where one says "sotto

pena so-and-so", meaning that i f one violates this t h i n g I w i l l

penalize y o u or excommunicate y o u . ' See also J . B o k s e n b o i m (ed.), She'elot Matanot

ba-Adam

u-Teshuvot

( T e l A v i v , 1983), sect. 60, p. 268, for the responsum o f R.

Yehiel

T r a b o t I I , k n o w n as ' f r o m Pesaro' or ' f r o m A s c o l i ' [ f o r T r a b o t , see Z i m m e r , 'Biographical Details C o n c e r n i n g I t a l i a n J e w r y f r o m A b r a h a m Graziano's H a n d w r i t t e n N o t e s ' ( H e b . ) , KS

49 (1974), 4 0 0 - 4 4 , w h i c h states that those w h o violate the agreements o f the c o m m u n i t y

w h i c h had been declared under penalty o f ban 'are n o t excommunicated u n t i l they are formally

declared

as

such,

and

R. Yehiel T r a b o t [the first, from

this

was

Macerata,

also

written

by

known as the Elder'; l

the

Excellent

see Zimmer,

Rabbi

ibid.],

of

blessed m e m o r y , i n his responsa, that one m u s t excommunicate [a person] before the ban is efficacious' (the text o f this question appears near the end o f Sect. 5 o f this chapter). I n other words, the clause i n the o r i g i n a l c o m m u n a l ordinance that those w h o violate such and such a r u l e shall be under the ban or excommunicated does n o t automatically place under a state o f ban those i n d i v i d u a l s w h o violate the ordinance at some later date. I n order to reinforce his view, T r a b o t cites there other opinions, c o n c l u d i n g w i t h Yoreh De'ah

Tur

229-end.

T h u s , the ordinances o f Verona f r o m 4 T i s h r i 1541 i n s t r u c t the appointed r a b b i 'to force and to oppress' those w h o go t o G e n t i l e courts or w h o refuse to be judged b y Jewish law (see the f u l l text o f the ordinance i n the H e b r e w text o f this book, D o c u m e n t 44, p. 258). I n the ordinance issued o n 21 A v 1584, we f i n d a p r o h i b i t i o n against selecting arbitrators w h o are n o t residents o f the c i t y 'and n o one may say " I have gone t o another c o u r t " . . . and this clause shall have the same v a l i d i t y as i f d r a w n u p w i t h all the necessary procedures . . .' (for the f u l l text o f this ordinance, see Part I I o f the H e b r e w version o f this book, D o c u m e n t 45, p . 258). 4 2

See the 1580 ordinance o f the I t a l i a n Congregation i n Ancona i n the H e b r e w version o f this book, D o c u m e n t 46, p . 259. T h i s ordinance relies u p o n the a u t h o r i t y o f the non-Jewish government, w h i c h is m e n t i o n e d i n the H e b r e w document and appears again immediately after a d o c u m e n t i n I t a l i a n , w h i c h I have n o t succeeded i n deciphering because o f the poor c o n d i t i o n o f the manuscript. I n any event, i t w o u l d seem that the f o r m u l a t i o n o f the permission was no different f r o m that o f 1604, also cited i n the same document. N o t e there the clear significance o f the i m p o s i t i o n o f ordinances under force o f ban, w i t h o u t i m p o s i n g the ban per se p r i o r to receiving explicit permission to do so f r o m the authorities. 4 3

4 4

See the ordinance f r o m Verona dated Rosh H o d e s h T e v e t , 5343 [1583], o b l i g i n g

all members o f the c o m m u n i t y to appeal to Jewish arbitrators, albeit w i t h o u t the i m p o s i t i o n o f the ban: 'and whoever refuses to serve as a judge or a r b i t r a t o r , i f chosen b y one o f the parties, shall be separated f r o m every h o l y t h i n g i n Israel, and shall also pay a fine . . . and i f i t seems to the leaders that one m u s t be stricter w i t h the one refusing, they may use whatever means they see fit . . . and they may impose e x c o m m u n i c a t i o n u n t i l

2. Legal

System

on Basis

of

219

Arbitration

It should to be emphasized that, despite the weak legal basis for the afore-mentioned ordinances, the feeling of internal discipline within the Jewish community helped to bring about a situation not much different, de facto, from that in those communities in which the authorities recognized the community's right to impose arbitration. This sense of discipline was of course greater in smaller, more homogeneous communities, and even more so within the various confraternities and special congregations. Thus, in the light of the situation here described, it is clear that there is no justification for describing those cases in which Jews did turn to Gentile courts in Italy during this period as reflecting a weakened Jewish consciousness or a lack of inner cohesiveness among the J e w s . Even in the admonitions given by the rabbis at the end of the sixteenth century, which were aimed at strengthening the awareness of the prohibition against turning to Gentile courts, it is clear that the main difficulty was not the decline in this awareness within Jewish society, but the proscription by the authorities against establishing Jewish courts. R. Samuel David Katzenellenbogen, for example, preached to his community that 45

for many years now our Holy T o r a h has been lying i n an abandoned corner . . . the Law of T o r a h has already been abolished among us, and one does not even think to force litigants to submit to Jewish law . . . and there is none who says 'return', for our hands are tied, being unable to chastise those who violate [the law] because of the oppressor and the fear o f [his] punishment and the penalties placed upon us . . . 4 6

Katzenellenbogen hoped to encourage the leaders of his community to 'restore and to put the Law of Torah in its proper place', with a feeling of confidence that the work would not be too difficult, 'for our princes are merciful leaders, and they will easily be their decree is carried o u t ' (see the f u l l text o f this ordinance i n the H e b r e w e d i t i o n o f this book, D o c u m e n t 47, p. 260), These things reappear m o r e forcefully, and w i t h the explicit use o f e x c o m m u n i c a t i o n , i n an edict f r o m 17 Jan. 1594 (see the text i n the H e b r e w e d i t i o n , D o c u m e n t 48, p p . 260-1). See M . A . Shulvass, T h e Religious L i f e o f I t a l i a n J e w r y D u r i n g the Period o f the Renaissance' ( H e b . ) , PAAJR 17 (1947-8), 3-5; cf. L . L a n d m a n , Jewish Law in the Diaspora: Confrontation and Accommodation (Philadelphia, 1968), 97-8. T h e i r s u m m a r y is indirectly supported by the regnant Jewish historiography o f the period, according to w h i c h the tendencies towards close contact w i t h Christians increased i n I t a l y d u r i n g the 16th c e n t u r y , as a result o f w h i c h the centrifugal forces likewise grew. W e shall r e t u r n to this question at greater l e n g t h i n the f o l l o w i n g chapter. 4 5

4 6

J . Katzenellenbogen, Derashot

Maharshi"k,

S e r m o n 1, p.

7a-b.

5 . The Judicial

220

Function

of the

Rabbis

appeased and wish that we live by the law of our T o r a h ' . Both the admonition and the confident hope that 'the princes . . . are merciful leaders' and that the Jews would not meet too many difficulties in establishing an autonomous judicial system clearly entailed an element of rhetorical exaggeration, combined with political persuasion, directed from the pulpit of the synagogue towards the rulers of the city. But the rulers were not such 'merciful leaders' and were not so easily persuaded—while the Jews for their part were continually trying to persuade them! These Jews were certainly not always entirely bona fide. But it is clear from this that the emphasis is on the communities' success in preserving some sort of internal Jewish juridical system, despite the situation of weakness forced upon them by the authorities, more than it serves as evidence of a weakening of internal Jewish social cohesion in the wake of the centrifugal forces acting upon it, particularly the pull of the general culture. 47

48

3.

STRENGTHENING

T H E S Y S T E M OF A R B I T R A T I O N

Alongside the tendency during this period to require recourse to Jewish arbitrators, there was a distinct effort made to strengthen the system of judicial arbitration by exploiting all available formal means for this purpose, whether within the realm of Jewish law or within that of the general judicial system. I n fact, a unique situation evolved during this period in Italy in which, even in the Christian milieu, arbitration was raised to a status of judicium proper. Slowly, by a long and gradual process which began generations earlier, the Christians came to accept an arbitrator's decision as being equivalent to a judicial sentence (tantum compromissum

quantum

iudicatum).

Ibid. Consequently, one should not see the p r o h i b i t i o n s issued by the T a l m u d T o r a h confraternities against t u r n i n g to non-Jewish courts as a ' p u b l i c reaction', w i t h i n the framework o f the g r o w t h o f the pietistic phenomena at the end o f the period; cf. Shulvass, Renaissance, 55, 194. O n the contrary, as we have already hinted earlier i n this section (n. 33), and as we shall further see, w i t h the easing o f the pressure o f the authorities concerning this subject towards the end o f the 16th century, and w i t h the commensurate strengthening o f the autonomous judicial system o f the c o m m u n i t i e s , those clauses pertaining to the p r o h i b i t i o n against t u r n i n g to G e n t i l e courts disappeared f r o m the ordinances o f the confraternities! 4 7

4 8

j . Strengthening

System

of Arbitration

221

Unlike Roman law, in which the term arbiter was used indiscriminately, in the legal thought of the Middle Ages a distinction was drawn between arbiter and arbitrator: the arbiter ruled according to law and followed a formal procedure similar to that used in proper court cases, while the arbitrator ruled according to a compromise, bono et aequo, without appeal to formal procedures or to any system of law. Over time, this distinction became refined in many of its details. It was argued that, at least in theory, the ruling of an arbiter might be appealed, but not that of an arbitrator, that the arbitrator might issue rulings on holidays, but not the arbiter, etc. Thus, there was a degree of innovation in this area, involving a modification of Roman law; in Roman law arbitration was used only when there was preliminary agreement between the litigating parties, and the arbitrator's ruling was regarded as no more than a suggestion which either side could choose to reject, on condition that he pay a fine fixed in the compromessum. This option was closed to the litigating parties only after they had actually signed the ruling (laudum homologatum). I n contrast, during our period, despite the doubts raised by jurists in many details, arbitration was accepted both in theory and in practice without any distinction drawn between arbiter and arbitrator. The arbitrator's decision had the binding force of a ruling of any regular court of law, while the compromessum took the place of the judicium. T o quote one of the greatest scholars of Italian law, 'Arbitration entered boldly into the structure of public law, even though it was in fact nothing but an expression of private will. This was [admittedly] an act without jurisdiction—but both doctrine and custom recognized 49

See F. Bonifacio, ' A r b i t r o e arbitratore ( d i r i t t o r o m a n o ) ' , Novissimo digesto italiano, 1 ( T u r i n , 1958), 9 2 5 - 8 ; L . G a r e t t o , ' A r b i t r o e arbitratore ( d i r i t t o i n t e r m e d i o ) ' , i b i d . 928¬ 30; G . C r i f o , ' A r b i t r o ( d i r i t t o r o m a n o ) ' , Enciclopedia del diritto, i i ( M i l a n , 1958), 893-5; V . P. M o r t a r i , ' A r b i t r a t o ( d i r i t t o i n t e r m e d i o ) ' , i b i d . 895-9; G . Salvioli, 'Storia della procedura civile e criminale', i n Storia del diritto italiano di P. del Giudice, i i i , part I I ( M i l a n , 1927), 181. A p a r t f r o m the encyclopedia articles, the w o r k by Salvioli is the most recent one to deal w i t h this subject; we shall therefore refer to i t i n particular i n the f o l l o w i n g notes. See also J . Juster, Les Juifs dans P Empire Romain, i i . 102: w i t h regard to the Jews, the decision o f the arbitrators, even i n R o m a n law o f the T h e o d o s i a n Code, had the force o f a res judicata, as t h o u g h i t had been the decision o f a R o m a n judge. Regarding the t r a n s f o r m a t i o n i n R o m a n law o n this subject d u r i n g the period o f Theodosius, see A . M . Rabello, ' S u i r a p p o r t i fra Diocleziano e g l i ebrei', Atti dell-Accademia Romanistica Costantiniana—2 Convegno Internazionale 197s (Perugia, 1976), 193-5. See also Juster, Les Juifs dans PEmpire Romain, 103-4, on the changes w h i c h came about i n the Justinian Code. 4 9

0

222

5- The Judicial

Function

of the

Rabbis

the arbitration ruling as the equivalent of a court ruling.' While earlier jurists dealt primarily with consensual arbitration between the two sides, sixteenth-century jurists saw it as imposed by force of law. Generally speaking, local authorities preferred imposed arbitration, and arbitration was imposed upon relatives almost everywhere. Moreover, in those cases where relatives were unable to arrive at an agreement concerning the choice of arbitrators, it was the government's responsibility to appoint them. Arbitration was also required in disputes between artisans and their fellow workers, among partners, between communes, between groups and individuals, among indigents, between indigents and wealthy individuals, and in many other cases. It is interesting that this obligation derived in principle from canon law, according to which the Pope had the right to force resort to arbitration in every instance. A doctrine emerged in Italy according to which the judge could require both sides to turn to arbitration whenever he anticipated complications or whenever the law itself was ambiguous. Local ordinances likewise fixed rules for the selection of arbitrators, which at times included the selection of two names by lottery from the council of the 'good ones of the town' (boni viri de tabula) I f the two arbitrators could not agree among themselves regarding the appointment of a third, the governmentappointed judge would make the appointment; there were even those who argued that in such a case the ruler had the right to excommunicate the arbitrators. Almost all local legislation fixed a certain period of time during which the arbitration ruling was to be issued, although the arbitrator had the right to correct or to extend his ruling even after it was issued. The arbitrators were also required to issue the ruling in the presence of all parties, and during daylight hours. The elevation of arbitration to the level of proper jurisdiction obviously brought in its wake complex dialectical arguments. Many jurists asked various theoretical questions and at times, in the course of attempts to appeal against 50

51

52

53

54

55

5 6

57

See Salvioli, 'Procedura civile e criminate', 182. Ibid. I b i d . 183. I t is w o r t h n o t i n g i n particular the edict o f the D u k e o f Savoy, issued at the b e g i n n i n g o f the 15th century (1409): 'inter parentes vel affines vicinos aut magnates ad s i m p l i c e m requisitionem cuiuslibet amici vel v i c i n i teneatur potestas seu iudices . . . per arrestationem personarum compellere ad c o m p r o m i t t e n d u m i n . . . arbitratores et communes amicos'. See Pertile, Storia del diritto italiano, vol. v i , part I , 175-7. 5 0

5 1

5 2

Salvioli, 'Procedura civile e criminate', 184. Compare also m y previous comments concerning the situation w i t h i n the Jewish confraternities. 54 ibid. Ibid. I b i d . 186. Ibid. 5 3

5 5

5 6

5 7

j . Strengthening

System

of Arbitration

223

the arbitrator's rulings, even practical ones. For example: Was the arbitrator required to rule in accordance with his conscience, or perhaps only according to the letter of the law? Must he rule in accordance with local ordinances or not? What we have mentioned here was more clearly expressed in the many fine points of distinction introduced into the documents of arbitration, which were intended to prevent any appeal against the arbitrator's ruling and to render his ruling equivalent to a laudum homologatum. A lengthy interpretation by R. Abraham del Vecchio of the standard Hebrew text of the compromessum has also been preserved, examination of which amply illustrates this point. The entire set of problems discussed above may be clearly discerned in Jewish arbitration agreements. So, too, we find among the Jews the tendency to grant to the arbitrators' decision judicial status, against which no subsequent appeal was possible. This was a natural expression of the institution of arbitration in Jewish law, as it had evolved under the particular conditions of Italian Jewry during the period under discussion. Outside influences were absorbed and incorporated into the existing halakhic tradition. I n fact, the Italian sages emphasized the continuity of their rulings with those of their predecessors. Del Vecchio's afore-mentioned interpretation clearly demonstrates this. Indeed, nearly all of the problems confronted by the Italian rabbis were dealt with in one form or another by the halakhic authorities of earlier generations. Given the spirit of the time and the nature of the problem, they certainly did not strive to introduce novelties in this area. We are not concerned here with the possible novelty inherent in their legal solutions, but with the very fact of the widespread interest in the subject of arbitration, and the way in which Jewish law was implemented in practice. This phenomenon may provide a very good example 58

59

60

I b i d . 189. See D o c u m e n t 49 i n the H e b r e w edition o f this book, pp. 261-3. Cf. Formularium instrumentorum . . . Petri Dominici de Mussis . . . (Venice, 1530), fos. 34r~35v, where one finds a l o n g list o f rules w h i c h the notary m u s t follow i n f o r m u l a t i n g compromessi, i n order to p r o v i d e the arbitrators w i t h the broadest possible a u t h o r i t y to rule ' t a n t u m iuris ordine seruato & n o n seruato'. F o r del Vecchio's c o m m e n t a r y , see D o c u m e n t 50 i n the H e b r e w version o f this book, pp. 264-74. See A p p . 4 for a translation o f a typical H e b r e w compromissum, compared w i t h its L a t i n equivalent. 5 8

5 9

6 0

5 . The Judicial

224

Function

of the

Rabbis

of the flexibility of halakhic institutions within a given historical reality. As is well known, the document stating the litigants' readiness to solve their dispute by way of arbitration, known in Latin as compromissum (plural, compromissa; Italian: compromesso; plural, compromessi), was drawn up in the presence of witnesses, like any other document. Various versions of these documents were printed, some of them in collections of formulas. I n a comparative study of these documents, the most striking indication of the process by which arbitration was transformed into a proper form of jurisdiction is the initial obfuscation, and later the total absence, of any indication of the litigating parties' voluntary consent to the authority granted to the arbitrators in the document itself. Such sentences as 'how by our free will, without any compulsion whatsoever' or 'how of our own free will, without any compulsion or pressure whatsoever, but with full heart and consenting soul and clear and settled m i n d ' , became transformed towards the end of the sixteenth century to the more neutral 'decided and agreed . . . and chose and took between them as judges, etc.'. Such phrases seem to have disappeared completely at the beginning of the seventeenth century. There can be little doubt that this fact is significant, and marks the end of the period mentioned. 61

62

63

64

65

66

67

68

See A . G u l a k , Yesodei ha-Mishpat ha-Ivri (Jerusalem and B e r l i n , 1923), iv. 24-32; i d e m . Ozar ha-Shetarot ha-nehugot be-Yisra'el (Jerusalem, 1926), 282-7; B. C o h e n , Roman and Jewish Law ( N e w Y o r k , 1966), 651-709; Encyclopedia Talmudica ( H e b . ) , s.v. zeh borer lo ehad, x i . 684 ff.; M . E l o n , ha-Mishpat ha-Ivri (Jerusalem, 1973), i . 17-18. I t is clear that the use o f the legal t e r m compromesso is n o t to be seen as a sign o f assimilation to Christian society and distancing f r o m Jewish t r a d i t i o n on the part o f I t a l i a n J e w r y o f this period, as has been suggested by some scholars. See o n this B o n f i l , 'Jews i n the Venetian T e r r i t o r i e s ' , 93 n. 134. 6 1

e.g. G u l a k , Ozar ha-Shetarot, D o c u m e n t s 3 0 3 - 5 , 3 0 7 — t h e latter taken f r o m Eli'ezer M e l l i , Sefer le-kol Hefez (Venice, 1552); Sefer Yefeh Nof (Venice, 1552), fo. 30b; Sonne, Mi-Pavlos, 212-14; and cf. D o c u m e n t 50 i n the H e b r e w edition o f this book. T h i s specifically refers to the details o f the d o c u m e n t , and n o t to the obligation to t u r n to a r b i t r a t i o n , as the locality under discussion here had no permanent C o u r t , and one may argue that i n such a case even T a l m u d i c law allows one to force the litigants to t u r n to a r b i t r a t i o n (see the sources cited i n the Encyclopedia Talmudica, op. cit., x i . 684¬ 85, n n . 1-13). See G u l a k , Ozar ha-Shetarot, D o c u m e n t s 303, 304. I b i d . D o c u m e n t 307 (i.e. Sefer le-kol Hefez) and, w i t h m i n o r variations, Sonne, Mi-Pavlos, 213. Sefer Yefeh Nof, fo. 30b. See D o c u m e n t 50 i n the H e b r e w edition o f this book. See C h . 5, Sect. 2 and cf. Sect. 4. T h i s process began i n the c o m m u n a l ordinances w h i c h were made i n this s p i r i t , i n those localities where such ordinances were possible. 6 2

6 3

6 4

6 5

6 6

6 7

6 8

j . Strengthening

System

of

Arbitration

225

An additional step, which combined with the one above, was that even here, similar to the accepted practice in Gentile courts, the arbitrators were given the option to explain or to interpret their ruling even after the time fixed by the arbitration-document. There were those who introduced a sentence into this document entitling the arbitrators to do so even if their interpretation seemed broader than or contradicted the earlier ruling. The principle by which the litigating parties were denied the option of withdrawing after the ruling was issued or requesting a new hearing was likewise accepted. This latter principle involved a double expression: on the one hand, a phrase identical to that appearing in the compromissa to be introduced in non-Jewish courts. That is, the phrase 'without appellazione (the right of appeal) and without revisione* (the right to demand revision)— was introduced, in order to make the ruling immediately applicable by action of the authorities. On the other hand, the document included an explicit agreement on the part of both sides by which they relinquished their right to demand to 'show us on what grounds you have judged us' (i.e. a detailed statement of the reasoning behind the arbitrator's decision), required by the opinion of those rabbinic authorities who held that, even where the two sides selected their own arbitrators, they still had the 69

70

71

72

73

See ' T e s h u v o t R. M o s h e Provenzali', M S Jerusalem H e b . 8 1999, sect. 159 (cited i n f u l l i n the H e b r e w edition o f this book, D o c u m e n t 38, pp. 249-55). Provenzali stated there clearly and s i m p l y the r i g h t o f the arbitrators, i n his o p i n i o n , 'to clarify their words w i t h i n the t i m e and f o l l o w i n g i t , so long as they do not add or subtract f r o m their original words'. 6 9

7 0

t0

See D o c u m e n t 50 i n the H e b r e w edition o f this book.

A d m i t t e d l y , Jewish law states that the t w o sides may not renege once the arbitrators' decision has been issued. H o w e v e r , as compromise was generally i n c l u d e d a m o n g those forms o f j u d g e m e n t w h i c h the t w o sides took u p o n themselves i n a compromesso, as we shall see below, i n the case o f compromise there is an accepted rule that 'even t h o u g h the litigants were satisfied w i t h the compromise, they may renege i n c o u r t so l o n g as they d i d n o t p e r f o r m an act o f kinyan [ceremonial agreement to whatever decision would be issued]' {Shulhan 'Arukh, Hoshen Mishpat 12: 7). T h u s , allowance is made for the litigants to cancel the r u l i n g even after i t is issued, p r o v i d e d there was no act o f kinyan made at the t i m e the r u l i n g was d r a w n up. T h i s reason c o m b i n e d w i t h others to b r i n g about a situation i n w h i c h , at the end o f our period, no compromesso was p e r f o r m e d w i t h o u t a f o r m a l act o f kinyan (see D o c u m e n t 50 i n the H e b r e w e d i t i o n o f this book). 7 1

See e.g. the remarks by Samuel da Perugia, the central figure i n the famous T a m a r i V e n t u r o z z o divorce: 'after the t i m e agreed u p o n . . . I pressured h i m concerning the execution o f the r u l i n g i n their [i.e. Gentile] courts, and I came out g u i l t y u n d e r their law, by v i r t u e o f the compromesso i n w h i c h i t was w r i t t e n , " w i t h o u t any appellazione" ' (Eleh ha-Devarim ( M a n t u a , 1566), p. 3a). Cf. H o r a y o t 6b, H u l l i n 48b. 7 2

7 3

226

5 . The Judicial

Function

of the

Rabbis

right to demand this. It must be remembered that this was a right which automatically entailed, in the event of error, the convening of a new hearing. O f particular concern to us here is the establishment of the legislative framework binding the arbitrator. This refers, first and foremost, to the formula 'by law or close to law' (be-din o karov la-din), which appears in nearly all the compromissa from this period, in place of the earlier phrase, 'in accordance with what they shall be shown from heaven' or 'as shall seem right in their good judgement'. Moreover, we must try to overcome a certain ambiguity concerning the use of the formula, used immediately after the former words, 'as their eyes see fit'. Is this formula to be understood as extending the former, or as explaining it? That is, is it meant to grant the arbitrators authority to draw up a compromise as well, or must we understand it to mean, 'to rule by law or in accordance with that which seems to them close to the law'? There were those who opposed the very inclusion of the sentence 'as their eyes see fit' within the compromissum, as argued by R. Abraham Menahem Porto ha-Kohen in a brief but carefully reasoned responsum. A certain member of the Levantine congregation of Venice had appealed to him: 74

75

76

77

W i l l his Honour guide me i n the paths of justice so as to determine whether the representatives of the H o l y Congregation of Venice may force me to write i n a compromesso . . . that the judge and the m e r c h a n t may judge my case as they see fit . . . 78

In his responsum, Porto wrote to the leaders of the congregation as follows: Let not this stumbling-block emerge from you, for such a person is not to be treated as a rebel [i.e. one who refuses to listen to the Court or See D o c u m e n t 50 i n the H e b r e w edition o f this book. See Sefer ha-Shetarot o f R. J u d a h al-Bargeloni, D o c u m e n t 8, cited by G u l a k , Ozar ha-Shetarot, D o c u m e n t 302. See also the version taken f r o m Sefer Nahalat Shiv'ah in Encyclopedia Talmudica, x i . 697 and n . 133. See G u l a k , Ozar ha-She{arot, D o c u m e n t 303. ' T e s h u v o t R. A b r a h a m M e n a h e m Porto h a - K o h e n ' , sect. 9, cited i n f u l l i n D o c u m e n t 51, p. 274, i n the H e b r e w edition o f this book. I t is not clear whether this is meant to refer to t w o different judges, one o f w h o m was a scholar ('the judge') and the other a layman ('the m e r c h a n t ' ) , thereby constituting a quasi-court (similar to that w h i c h existed i n Verona, where the r a b b i sat w i t h the lay leaders o f the c o m m u n i t y ) , or whether this refers to a c o u r t o f lay arbitrators, i n w h i c h the ' m e r c h a n t ' was transformed i n t o a 'judge'. F r o m w h a t follows, i t seems m o r e likely that the second interpretation is the correct one. 7 4

7 5

7 6

7 7

7 8

j . Strengthening

System

of Arbitration

227

revolts against communal discipline], as he wishes to be obedient to the law, for even i f they are accustomed . . . to write this phrase, that is, when both o f them agree to do so . . . or i f the judges are sages and ordained rabbis . . . who know the law, one could force h i m to write 'as their eyes see', that is, according to what seems to them close to the law . . . But according to the custom of this generation, i n which each one chooses arbitrators who are not ordained . . . Heaven forbid that one compel a person to submit to a ruling on the decision of one who is not an expert judge . . . you [i.e. the Court] cannot force h i m to write 'as they see fit', for that wording implies whatever is the arbitrator's own judgement . . . even i f what seems to h i m to be correct is i n fact close to the law . . , 7 9

As a result of these disputes, a substantive change in the language of the documents came about: there were cases in which the formula 'as their eyes see' was added to the phrase 'by law or close to law', to which was also added the formula, 'and not by compromise', while there were other cases in which the phrase 'as their eyes see' was entirely missing. The use of the formula 'by law or close to law' and/or 'as their eyes see' involved an additional problem, namely, who might serve as an arbitrator. As we have seen in the responsum of R. Abraham Menahem Porto ha-Kohen, the elimination of the formula 'as they see fit' came in the wake of the claim that such a clause was unwarranted unless the arbitrators were scholars and ordained rabbis. It follows from this that, if the ruling of the arbitrators was to be other than a compromise, not necessarily based upon the law, then the arbitrators must be expert scholars, that is, ordained rabbis, so that they might rule 'by law or close to law'. R. Isaac de Lattes went even further. He ruled that, in those places where the phrase 'by law or close to law' was written in 80

81

Cf. the remarks o f Samuel o f Perugia (Eleh ha-Devarim, fo. 3a): ' A n d they made f r o m this a compromesso, that is, a d o c u m e n t o f a r b i t r a t i o n , b u t i t d i d n o t w o r k o u t , because I definitely insisted u p o n a [ p r o p e r ] judicial r u l i n g by law or close to i t , w h i l e the d o c u m e n t was w r i t t e n i n another manner, and I therefore n u l l i f i e d i t . ' I n ' T e s h u v o t M a t a n o t b a - A d a m ' , sect. 109, there is likewise a discussion o f a case i n w h i c h 'R. Jacob wished t h e m to w r i t e i n the compromesso "as they see f i t " , and his brother d i d not w i s h this'. T h e author o f the responsum adds that 'we have not seen any a u t h o r i t y w h o says that today we do not arrange compromises'; further o n i n the same responsum, i t becomes clear that the said R. Jacob wished that they w r i t e 'by law or close to law', and e x p l i c i t l y opposed a compromise. 7 9

See G u l a k , Ozar ha-Shetarot, D o c u m e n t 307. I b i d . , D o c u m e n t 304, and see A p p e n d i x 4 below, and at greater l e n g t h i n D o c u m e n t 50 i n the H e b r e w edition o f this book. 8 0

8 1

228

5 . The Judicial

Function

of the

Rabbis

the compromesso, the case was to be reopened in the event that an error was made in the interpretation of the law by the arbitrators—even if the respective sides had waived their right to ask 'on what ground you have judged us' or to appeal. I n this rabbi's formulation, if the sides agreed between themselves not to appeal . . . i t is as i f one said, 'Your father is acceptable to me, an unfit witness is acceptable to me' [i.e. that he was prepared to waive the legal procedures rendering certain witnesses unfit], or i f they agreed that they would not ask the judges to write the reason for their decision, but simply stipulated that they judge by law or close to law . . . i t nevertheless does not follow from this that they can issue an [extrahalakhic] compromise. So much more so that according to this, one who complains . . . that they erred i n knowledge o f the law or i n a matter of halakhah based upon the Gaonic rulings, that i n such a case the case is reopened. 82

It follows that, according t o the view of this rabbi, the arbitrators must also be scholars, or at least turn to ordained rabbis for assistance i n clarifying the halakhah. R. Meir of Padua even noted that these matters were explicitly implied i n the rule that when one of the two sides i n a dispute sought to go before arbitrators who were rabbis, knowledgeable i n law and judgment, and the other party wished [to go to] idlers, there is no justification for this [latter] claim, as each one may force his neighbour See e.g. the f o l l o w i n g text o f an ordinance r e q u i r i n g an i n d i v i d u a l to go to c o u r t together w i t h his l i t i g a n t , i n the case o f a c l a i m where the chosen arbitrators had erred i n knowledge o f the law, and the case is therefore to be reopened: 'A came before me o n his o w n b e h a l f and o n that o f B and his b r o t h e r C, and he t o l d me i n t r u t h that he had a c l a i m against y o u , R a b b i X . . . and that they had agreed to call as arbitrators t w o brothers, Y and Z. T h e i r opponents agreed to this procedure . . . T h e y f u r t h e r m o r e agreed that they were n o t to ask the judges to w r i t e the grounds o n w h i c h they decided the issue, b u t stipulated that they should judge ' b y law or close to law'. [Nevertheless,] they r u l e d o n the basis o f compromise, i m p l y i n g that they [understood the phrase] 'near to l a w ' as i m p l y i n g compromise . . . b u t this w o r d i n g does n o t i m p l y that they can arrange a compromise, and certainly not i n this case, where i t was claimed that they erred i n knowledge o f the L a w . . . A n d I , the undersigned, have been asked t o require t h e m to go to court before t w o other arbitrators, m o r e righteous and expert i n law t h a n the previous ones . . . I therefore order y o u , w i t h the power o f m y blessing [a e u p h e m i s m for 'the power to b a n ' ] , that you go to judgement [again] before a proper c o u r t w h i c h is close to y o u , w i t h i n three days o f y o u r being i n f o r m e d o f this ordinance, or that each o f you choose one a r b i t r a t o r , e t c . ' — f r o m ' T e s h u v o t R. Yizhak m i - L a t t e s ' , M S V i e n n a N a t i o n a l L i b r a r y 8o, fo. 20; the text o f the responsum is b r o u g h t i n f u l l i n D o c u m e n t 52, p. 275, i n the H e b r e w e d i t i o n o f this book. Cf. analogous practices regarding a r b i t r a t i o n i n the C h r i s t i a n m i l i e u , as referred to i n the discussion o f G a r e t t o , ' A r b i t r o e arbitratore', 144 n . 50. 8 2

j . Strengthening

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229

to come to judgement before expert judges and not before laymen . . . Likewise all of the recent Rabbinic authorities rule that ignorant people who have been appointed are inferior, and he may disqualify them. 83

R. Meir summarized by saying 'it is self-evident that each one may force his fellow to be judged before those who know T o r a h ' . Now, once the system of arbitration had become strengthened, with the sense of authority and power of the rabbinic authorities reduced as a result of developments discussed in Chapter 1, the time had come to strengthen the status of the rabbinic authorities within that same system. This further contributed to the evolution of arbitration as a complete legal system, suitable to the new situation, in which rabbis were central figures. From this point on, the personal prestige of the rabbis brought about a situation in which the circle of people to whom requests for arbitration were addressed became drastically reduced, and a kind of de facto court system emerged whose rulings were signed by the most distinguished and well-known scholars. I n cases where the arbitrators were not ordained rabbis, the latter generally turned to the rabbis for detailed legal instructions upon which to ground their ruling, in order to avoid the danger of a demand 84

85

86

87

Teshuvot Mahara"m mi-Padua, sect. 53, p. 9 1 . Cf. C h . 4, Sect. 2. I b i d . ; see also sect. 43. R. M e i r d i d i n fact d r a w the d i s t i n c t i o n that the essential t h i n g is that they be 'knowledgeable i n T o r a h ' and not necessarily 'rabbis', b u t this nevertheless indicates that i n the popular m i n d those w h o 'knew the T o r a h ' were not seen other than i n the image o f 'rabbis', as we have seen above i n the responsum o f R. A b r a h a m M e n a h e m P o r t o h a - K o h e n and R. Isaac de Lattes. 8 3

8 4

O n the other h a n d , at the b e g i n n i n g o f the 16th c e n t u r y , the rabbis were more concerned about establishing the i n s t i t u t i o n o f a r b i t r a t i o n t h a n about establishing their o w n rabbinic position. I discuss this p o i n t at l e n g t h i n R. B o n f i l , 'Jews i n the Venetian T e r r i t o r i e s ' , Zion, 41 (1976), 93-5. 8 5

e.g. i n Bologna R. A b r a h a m h a - K o h e n appears at the head o f those signing the a r b i t r a t i o n r u l i n g , and he is joined by other rabbis, some o f whose names are repeated several times. I n Venice, i n the second h a l f o f the 16th century, R. Samuel J u d a h Katzenellenbogen generally appeared at the head o f the signatories, followed by the other Venetian scholars, i n order o f importance, whose names are repeated i n numerous c o n t e x t s — R . L e i b Saraval, R. A v i g d o r C i v i d a l , and others (cf. at the end o f C h . 3, Sect. 11). I n M a n t u a , R. Moses Provenzali's name generally appears i n the company o f the c o m m u n i t y scribe, R. Phineas Elia o f M e l l i , often joined by that o f R. Samuel Hezekiah R o m i l l i . I t w o u l d seem superfluous to add other names, as anyone w h o peruses books concerning the history o f I t a l i a n J e w r y w i l l come across t h e m at every step. 8 6

See e.g. the responsa o f R. M e n a h e m Azariah da Fano, Teshuvot RM"A mi-Fano, (Jerusalem, 1963), sect. 42: ' W e have seen . . . that the documents presented by Reuben and Simeon are clear . . . and we have heard what each o f t h e m has to argue . . . and now may the i n q u i r e r . . . w h o is one o f the arbitrators, receive his answer.' 8 7

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for an appeal, as required by the afore-mentioned opinion of R. Isaac de Lattes. As against these practices, by which arbitration was transformed into a fully-fledged judicial system in every respect, reducing the freedom of action of both litigants and arbitrators, the various conditions whose intention was to preserve the original character of arbitration—that is, to preserve the theoretical distinction between arbitration and the formal procedural limitations binding upon regular courts which operated according to halakhah—were stated explicitly in the compromissum. The general procedure, which was also found among non-Jews, as already mentioned, further strengthened this tendency. For example, the arbitration agreements included conditions allowing the judges to hear the testimony of the different sides separately, to hold hearings at night, to accept the testimony of (formally) unqualified witnesses, etc. I n this respect, the practice among Jews seems to have been influenced by the arbitration procedures of non-Jewish courts, as may be clearly demonstrated by a comparison of the later versions. On this point, they also clearly seem to have been influenced by the fact that the arbitration ruling was executed by non-Jewish authorities; the Jewish arbitration agreement therefore needed to be formulated in such a way as not to arouse any doubts as to its validity in the Gentile courts. 88

89

90

91

4. C O M M U N A L

ORDINANCES

Another means of transforming arbitration into a proper juridical instrument was the introduction of ordinances (takkanot) establishing rules for the imposition of the law of arbitration. I n this respect, the communities operated in a manner analogous to a commune. For example, ordinances were introduced stating that the two sides were to appear before the lay leaders of the J u d g i n g o n the basis o f the privileges granted i n 1626 to appeal a r b i t r a t i o n decisions before the rabbis o f the general yeshivah i n M a n t u a (see C o l o r n i , Legge ebraica e leggi locali, 3 4 2 - 3 ) , the o p i n i o n o f R. Isaac de Lattes was n o t an isolated one. 8 8

See Encyclopedia Talmudica, x i . 692-4. See D o c u m e n t 50 i n the H e b r e w edition o f this book. Cf. D o c u m e n t 50 i n the H e b r e w edition o f this book w i t h D o c u m e n t 49, pp. 261¬ 3, and the notes to that document. 8 9

9 0

9 1

4. Communal community

whenever

they

Ordinances

were

unable

231 to

find

arbitrators.

Together with the community-appointed rabbi who served as the third member of the 'court', these leaders had the authority to appoint

arbitrators in accordance

with certain rules. I n the

ordinances introduced by the communal leaders of Casale, we read as follows:

92

One frequently finds that one is unable to find a person willing to act as judge i n cases of law, [as he wishes] to avoid cause for hostility and theft and needless hate [i.e. directed against him] . . . Therefore, i n order to remove a stumbling block from the path o f our people and to enhance peace between man and his fellow and to uproot the sources of controversy, the distinguished parnassim have decided to issue this parte . . . that i n every incident o f complaint and suit and dispute that shall come about between man and his fellow, whether these be inhabitants of this city or from outside i t . . . they are to come here, so long as either one or both o f them are unable to find a judge by the usual procedure by which each selects an arbitrator. [ I n such a case] the one who cannot find a suitable arbitrator shall go to the distinguished parnassim . . . and they shall select by lot, drawing from the lottery box where they have placed a total o f names o f people appointed to serve as judges i n every disagreement o f this sort. A n d the one whose name is drawn first shall be a judge on behalf of h i m who does not have a judge; thus, also, i f both o f them [need to select a judge]. T h i s is on condition that the chosen ones are not relatives or enemies, as defined by law, i n which case another is to be named i n his stead . . . 9 3

T h e ordinances also fixed, in broad outlines, the text of the arbitration agreements to be used by members of the community. Thus, in an edict of the leaders of Verona,

95

94

we read:

'Pinkas Casale', 20; see the f u l l text i n D o c u m e n t 53, p p . 275-6 i n the H e b r e w e d i t i o n o f this book. I n a similar fashion, the c o m m u n i t y i n M a n t u a received permission f r o m the authorities (albeit o n l y i n 1620) t o prepare a list o f rabbis, f r o m among w h o m arbitrators w o u l d be appointed b y l o t ; see C o l o r n i , Legge ebraica e leggi locali, 341-3, and cf. also the parallel practice i n non-Jewish courts m e n t i o n e d above, Sect. 3. 9 2

H e r e the scribe left a small blank space. See the edict f r o m Casale just m e n t i o n e d . A r e m i n d e r o f the fact that the L e v a n t i n e c o m m u n i t y i n Venice established t h e i r o w n f o r m o f compromesso appears i n the responsa o f R. A b r a h a m M e n a h e m P o r t o h a - K o h e n ( D o c u m e n t 51 i n the H e b r e w e d i t i o n o f this book, p. 274); cf. the words o f Samuel da Perugia cited above, n . 72. I t was also r u l e d i n Verona o n 17 Jan. 1594 that one was to w r i t e i n the compromesso, ' f r o m n o w o n the litigants may not sue or force or [ d e m a n d t o ] k n o w f r o m the arbitrators the reason b y w h i c h they j u d g e d ' (see D o c u m e n t 48 i n the H e b r e w e d i t i o n o f this book). 'Pinkas V e r o n a ' i i . fo. i 7 9 a - b ; p u b l i s h e d as D o c u m e n t 48, p p . 2 6 0 - 1 , i n the H e b r e w 9 3

9 4

9 5

e d i t i o n o f this book.

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[Monday, 17 January 1594] Judgement, which is the foundation o f the heavens, and peace, that vessel which contains everything, being shaken; and the small sanctuary, the house of prayer, being without one to pay heed, but every day the number of those who interrupt the prayers for every complaint or claim increases, even i f [the claim] is not for more than two pennies . . . We have therefore decided that whoever is selected as a judge, from this day on, may not refuse to serve, under penalty o f fine and punishment and excommunication . . . and not to delay justice, but that all one's deeds be for the sake o f heaven, so that as soon as the beadle finds h i m and informs h i m that he has been chosen to be a judge, he is to go to the synagogue w i t h his fellow, the second arbitrator. A n d the two arbitrators w i l l decide between themselves the time to be appointed for the litigants to come before them, at a time convenient to them . . . A n d whoever does not come at the appointed time shall be considered as though he had admitted all of the claims of his fellow-litigant. A n d the judges are to rule i n accordance w i t h the claims presented by the parties, and shall hear the opposite side as well, and all these shall be considered like testimony o f a litigant, and as i f sworn by oath from M o u n t Sinai . . . N o r may one select either m e or my children as judges, as I have been selected by the holy congregation to compel the litigating parties to accept the decision. N o r shall one select any official receiving salary from a householder, as the authority o f others is over h i m , nor a teacher who eats at the table o f a head o f a house, unless the latter agrees to i t , i n which case he is allowed, or even compelled, to be a judge . . . 9 6

97

F r o m now on, no one may interrupt the prayers i n the synagogue [see Section 6] unless his hearing is delayed by the parnassim [not being present i n the synagogue] on the days appointed for hearing cases, namely, Monday and Thursday morning after the prayers, and on their [the Gentiles'] holidays, after Evening Prayers. A n d i f for this reason he does interrupt the prayers, he shall first give ten soldi on deposit to the beadle . . . A n o t h e r d e v e l o p m e n t g r a n t e d these same lay l e a d e r s — w h o were r e q u i r e d to be available f o r such purposes i n t h e synagogue at c e r t a i n fixed t i m e s , along w i t h the r a b b i — t h e r i g h t t o judge certain cases b y themselves, w h e n i t d i d n o t seem necessary to designate a r b i t r a t o r s . I n those places w h e r e the i m p o s i t i o n o f a r b i t r a t i o n u n d e r p e n a l t y o f b a n was p r o h i b i t e d b y the g o v e r n 9 8

T h e c o m m u n i t y - a p p o i n t e d r a b b i , w h o was the scribe o f the c o m m u n i t y , and recorded the decisions i n the Ledger. A director o f a bank or other business w h i c h served others. See n . 40 above and the next note here. 9 6

9 7

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ment, such ordinances were promulgated by the means mentioned above." This was, in effect, the most fully developed form of the communal court in Italy until the end of the sixteenth century. No particular objection to this limited development seems to have been raised so that, even where the right of the Jews to judicial authority was not officially recognized, it was accepted, so long as the issues of principle involved in this matter were politely ignored by the tacit agreement of the government and the J e w s , this being in the interests of both sides. Thus, for example, in a decision of the community of Verona from 1594, certain sanctions were imposed against those who had recourse to Gentile courts. The decision issued on 21 December of that y e a r begins by stating that, because of the celebration of a circumcision, the communal institutions were unable to meet in the usual way, so the outgoing parnassim were authorized to name three new 100

101

I b i d . See also the ordinance adopted i n Verona o n 2 Shevat 1543, w h e n three lay leaders were chosen, and various tasks were imposed u p o n t h e m , i n c l u d i n g that 'they w i l l also be r e q u i r e d to sit every Sunday for one h o u r f o l l o w i n g the A f t e r n o o n Prayer, to hear and to judge between each person and his neighbour, all those w h o have any quarrel or c l a i m , so that the fixed [synagogue w o r s h i p ] shall no longer be i n t e r r u p t e d here i n V e r o n a ' ('Pinkas V e r o n a ' i . fo. 50a). T h e same p r i n c i p l e is stated m o r e clearly i n an ordinance f r o m 18 T a m m u z 1545, i n w h i c h the r a b b i appointed b y the c o m m u n i t y is r e q u i r e d , along w i t h the t w o leaders, to sit every Sunday i n the synagogue, 'and before t h e m shall come every dispute and judgement, and f r o m t h e m the r u l i n g shall go o u t clearly, or they shall be given as judges people f r o m the holy congregation'. T h i s d o c u m e n t was published b y I . Sonne, 'Basic Premisses' ( H e b . ) , Kovez 'al Yad, 3 [13] (Jerusalem, 1939-40), 158. Some t i m e later, this same clause was incorporated w i t h i n the contract o f the c o m m u n i t y - a p p o i n t e d r a b b i (see i b i d . 170, sect. 6). 9 9

I n this case, the element o f c o m p u l s i o n was carried o u t i n a somewhat unclear manner, so that i n order to strengthen i t a ' k i n d o f b a n ' was imposed, under the e x p l i c i t c o n d i t i o n that i t w o u l d n o t be 'against the w i l l o f the exalted k i n g or against the advice o f the r u l e r ' . A t the b e g i n n i n g o f the ordinances, i t was always stated that they were i n s t i t u t e d ' b y the power given b y the r u l e r s ' or b y 'the permission given by t h e i r honours the rulers'. See the edicts o f Verona f r o m 21 Dec. 1595 and 25 Dec. 1596 (the f u l l text is given i n D o c u m e n t s 54 and 55 o f the H e b r e w e d i t i o n o f this book, p p . 276-77). These ordinances constitute a substantial change i n the situation i n Verona, as o n l y t h e n was the a u t h o r i t y o f that same c o m m u n a l C o u r t just described established w i t h o u t question. I t may be that f u r t h e r research i n the archives o f Verona w i l l reveal the d o c u m e n t w h i c h the Jews received f r o m the authorities a l l o w i n g t h e m t o make such regulations. I n any event, i t is w o r t h m e n t i o n i n g that, u n t i l the end o f 1593, there d i d n o t yet exist i n Verona 'a s t r a i g h t f o r w a r d a r r a n g e m e n t . . . concerning the s u m m o n i n g to j u d g e m e n t [ i n disputes] between one person and his fellow, n o r h o w and when one w h o refuses [ t o appear] is prosecuted for this refusal, or whether he may take h i m t o a non-Jewish c o u r t , so as n o t 1 0 0

to pervert justice [i.e. by allowing the dispute to lapse entirely]'. F o r the text o f the regulations i n t r o d u c e d o n 12 A u g . 1593, see D o c u m e n t 56, p. 277, i n the H e b r e w e d i t i o n o f this book. D e c i s i o n o f the C o u n c i l o f Verona f r o m 21 Dec. 1594, i n 'Pinkas V e r o n a ' i i . fo. 181 a, p u b l i s h e d i n D o c u m e n t 54, p. 276, i n the H e b r e w e d i t i o n o f this book. 1 0 1

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parnassim and two substitutes who would begin their terms immediately: on condition that the new parnassim shall take upon themselves by oath, in the presence of R. Mordecai Bassan. . . to restore the laws of Israel to their proper place and to battle w i t h all their strength against those who resort to Gentile courts—and this i n accordance w i t h the power granted to them by the . . . governor of the c i t y — w i t h o u t favouring either the old, the wealthy, or poor. A n d the rabbi, together w i t h the incoming parnassim, w i l l arrange the procedure for sending the beadle, who is the messenger o f the Court, to each man and his fellow . . . A n d in order to arrange this most important matter, the rabbi and the parnassim and the incoming ones w i l l take counsel and find an appropriate way, and publicize i t i n the community, that no man may counter their word . . .

A second ordinance on this same subject was issued the following y e a r . The Jewish community might regard such an ordering of affairs as an achievement in the task of self-government; individual Jews had a interest in it because they were thus spared the exhausting and long drawn-out procedure involved when they turned to a recognized judicial system, as well as the expenses entailed in such an appeal (one must remember that at times even an agreement to turn to arbitration entailed the payment of expenses to the arbitrators). The non-Jewish government, for its part, viewed favourably the easing of the burden upon the local magistracy brought about by this arrangement. Apart from this limited gain which, for reasons mentioned above, remained the accomplishment of small communities with homogeneous populations, and only in those localities where the ecclesiastical influence was not predominant, throughout the sixteenth century, 102

103

102 ' p i k Verona', i i . 184a, published i n D o c u m e n t 55, p. 277, i n the H e b r e w version o f this book; cf. the regulation f r o m 12 A u g . 1593, 'Pinkas V e r o n a ' i i . 177b, published i n D o c u m e n t 56, p. 277, i n the H e b r e w edition o f this book. n

a s

1 0 3 T h i s reason is explicitly m e n t i o n e d i n the appeals o f the Jews to the authorities. See e.g. the f o u r t h clause o f the f o r m u l a o f request by the c o m m u n i t y o f Reggio for a privilege, apparently f r o m the second h a l f o f the 16th c e n t u r y (this d o c u m e n t is preserved i n the G o v e r n m e n t a l Archives o f M o d e n a , and is available o n m i c r o f i l m , I M H M , f i l m H M 5416c, p. 31): 'che nascendo differenze c i u i l l i tra gl'hebrej habiano da stare al r i t t o hebraico come altra uolta l i f u conceso, intendendo pero solamente sino alia soma de L i r e sessanta, e questo per ouiare l i c o n t i n u i t e d i j , che giornalmente s i m i l i m i n u t i j aportano a m i n i s t r i d i S.A.S.' I t should be m e n t i o n e d at this p o i n t that, generally speaking, the Jews attempted to break t h r o u g h the government's opposition to granting t h e m a u t o n o m y d u r i n g periods o f unusual pressure u p o n the local courts; see e.g. the appeal o f the c o m m u n i t y o f M a n t u a i n 1577 i n the wake o f the plague ( S i m o n s o h n , Mantua, 355).

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Jewish law in Italy did not go much beyond the limits and restrictions defined by arbitration. 104

5. T H E E S T A B L I S H M E N T OF T H E R A B B I N I C C O U R T I N FERRARA

What is known about the single case in this period in which a Rabbinic court was established, in Ferrara, confirms and exemplifies the above conclusion. Scholars have been misled both in the dating of this event and in their interpretation of its significance. I n fact, even in the case of this court, the Jewish judicial system in Italy did not go beyond the limits of arbitration. In 1574, members of the Italian and Ashkenazic communities in Ferrara asked permission from government officials to be allowed to appoint 105

T o the best o f m y u n d e r s t a n d i n g , even i n the privileges given b y the D u c h y o f Savoy f r o m 1582 o n , there was n o extension o f the p r i n c i p l e o f imposed a r b i t r a t i o n . T h e r e , the Jews were r e q u i r e d t o t u r n to ' t h e i r rabbis, whether those w h o d w e l l i n our province or those w h o d w e l l outside i t , i n order to receive an appropriate decision (provisioned as is customary among t h e m and i n accordance w i t h their ancient law, and these rabbis m a y make use o f their a u t h o r i t y to impose [sanctions] u p o n whoever refuses t o observe t h e i r commands, even b y means o f bans, and these bans shall be p u b l i c i z e d , b u t no m a n may go outside the j u r i s d i c t i o n o f our state' (see C o l o r n i , Legge ebraica e leggi locali, 325-7). I n the expanded version f r o m 1616 ( i n f u l l i b i d . 326, n . 4 ) , i t is e x p l i c i t l y stated that the rabbis i n question are selected (Rabini eligendi). H o w e v e r , f r o m the language o f the edict o f 1667 ( i b i d . 327 n . 6) i t seems that the Jews i n P i e d m o n t attempted to c o m b i n e matters f r o m the strictly religious realm w i t h j u d i c i a l ones, and i n the wake o f this t o impose the a u t h o r i t y o f the r a b b i n i c courts. I n reaction to this, there follows the qualification: i ' a u t o r i t a dei R a b i n i si l i m i t a alia decisione delle differenze c e r i m o n i a l i , dalle sentenze dei q u a l i come dal laudo degli a r b i t r i si fara l'appelatione al Conservatore', etc. I n any event, this development goes beyond the chronological l i m i t s o f this w o r k (see f u r t h e r for a similar a t t e m p t i n Ferrara d u r i n g o u r p e r i o d ) . 1 0 4

1 0 5 T h i s e r r o r is based u p o n the erroneous reading by A n d r e a B a l l e t t i (Gli ebrei e gli estensi, 9 4 - 5 ) o f 1524 for 1574, and 1525 for 1575, i n the documents f r o m the State Archives o f M o d e n a , cited i n f u l l i n D o c u m e n t s 5 7 - 6 0 , p p . 2 7 8 - 8 1 , o f the H e b r e w e d i t i o n o f this book. T h i s error led h i m i n c o r r e c t l y to see a connection between these documents and those m e n t i o n e d i n note 30. B a l l e t t i likewise concluded that the a u t h o r i t y o f the r a b b i n i c c o u r t i n Ferrara was recognized d u r i n g 1524-25, an error adopted by C o l o r n i as w e l l (Legge ebraica e leggi locali, 329-30). As one can n o w conclude f r o m the names m e n t i o n e d i n the documents, there is n o d o u b t that the entire theory was u n w a r r a n t e d : the notary Cesare del Sagrato, w h o signed the afore-mentioned documents, was active o n l y between the years 1532-86, as we k n o w f r o m a list o f notaries f o u n d i n the state archives at Ferrara. I w i s h t o express m y thanks to Prof. C o l o r n i , w h o examined this p o i n t for m e , thereby c o n f i r m i n g that what he w r o t e i n his book o n this subject was based p u r e l y u p o n Balletti's error.

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three prudent individuals, who w i l l take care of the necessary arrangements concerning the Jewish way of life i n issues touching upon permitted and prohibited food and ceremonies o f marriage and divorce, and operate i n such a manner that people w i l l not come every day to cry out i n the synagogues w i t h complaints of one Jew against another, and force each one of them to select a r b i t r a t o r s . 106

107

Three rabbis were proposed for this task: R. Ishmael Haninna (Laudadio) of Valmontone, R. Samuel del Vecchio, and R. Hezekiah (Cesare) F i n z i . This fact is in itself a clear indication that the community in Ferrara saw this request as an initial step towards the establishment of communal courts with broad judicial authority. The request was approved, in the very ambiguous wording in which the Jews had framed it: it was stated that the three rabbis were 'to take counsel in the Great Synagogue, and the burden shall be upon them, and they have 108

109

1 1 0

111

T h i s clearly refers to the practice o f bitt,ul ha-tamid—ie. the i n t e r r u p t i o n o f the synagogue service i n order to set r i g h t a w r o n g that had been done to someone. 1 0 6

' N e l d i soprascritto proponendo g l i deputati d i d e t t i hebrei alii h u o m e n i della lor congregatione che fosse opera ben fatta i l prouedere che questa universita hauese continuamente una ressidenza d i tre persone i n t e l i g e n t i che hauesserro cura d i fare osseruare g l i t e r m i n i necessarij al uivere hebraico circa alii c i b i l i c i t i et i n l i c i t i et o r d i n a t i o n i d i congiunger m a t r i m o n i i e disgiungere e far che n o ' si uenghi t u t t o i l g i o r n o a far r u m o r i nelle Sinagoghe per interesse che habbia qualsivoglia hebreo l ' u n o con l ' a l t r o per conto d i dare e hauere a stringerli ciascun d i essi a chiamar a r b i t r i insieme, hano fatto ellettione delli tre i n f r a s c r i t t i cioe M . L a u d a d i o de valmontone M . Samuel del vecchio et M . Cesare F i n z i i q u a l i essi e n o n a l t r i habbino autorita et podesta i n t u t t e le cose suddette per mesi 19 seguenti cominciando dal d i sopraddetto et che sieno t e n u t i t u t t i t r e , 0 una parte d i essi r i t r o u a r s i nella sinagoga maggiore sera e m a t t i n a nel hora della oratione et i l l u n e d i et i l giovedi m a t t i n o far q u i u i residenza per spatio d i mezz'hora d o p p o che si e orato senza dar grauezza a detta uniuersita d i premiare d e t t i h u o m e n i , intendendo che questa resolutione sia d i buona gratia d e l l ' I l L m o et Ecc.mo Sig.r D i c a et n o n altrimente . . .' ( S u m m a r y o f a decision i n Ferrara regarding the establishment o f a c o m m u n a l court; f r o m the G o v e r n m e n t Archives i n M o d e n a , E b r e i , Busta 15, fasc. 8; published i n f u l l i n D o c u m e n t 57, p . 278, H e b r e w e d i t i o n o f this book). 1 0 7

See D . C a r p i , ' T h e E x p u l s i o n o f the Jews f r o m the Papal States D u r i n g the Reign o f Pope Pius V and the I n q u i s i t i o n Against the Jews o f Bologna, 1566-1569' ( H e b . ) , Sefer Zikaron le-Hayyim Anzo Sereni (Jerusalem, 1971), 148 n . 16; M . Benayahu, 'Eulogies o f I t a l i a n Rabbis for R. Joseph Caro' ( H e b . ) , Kovez Rabbi Yosef Karo (Jerusalem, 1969), 320-1. See M . M o r t a r a , Indice alfabetico (Padua, 1886), 68. Sections 120 and 146 o f the responsa collection, Matanot ba-Adam, are by h i m . T h e teacher o f R. Leone M o d e n a ; see Hayyei Yehudah, 17, and M o r t a r a , Indice alfabetico, 22. Cf. this f o r m u l a o f request w i t h the reasons given by the Jews o f P i e d m o n t m e n t i o n e d i n C h . 3, Sect. 6. 1 0 8

1 0 9

1 1 0

1 1 1

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the authority to attend to the disorders which may come about among the J e w s ' . But precisely the opposite occurred: the Jews opposed this new communal measure, objecting to the limitation of the authority of the local courts which would result from it; their appeal obviously could not but be accepted favourably by the ruler. But even the acceptance of this appeal, evidence of which has been preserved in the documents, did not abnegate the right of the community to demand that its members appear before Jewish arbitrators. The absence in the regulations of the Mutual Aid Confraternity of Ferrara, from 1588 on, of a specific clause requiring appeal to Jewish arbitrators is, if not absolute proof, at least partial evidence of this point. A unique situation came about, in which the community possessed authority, but means existed to evade it through appeal to non-Jewish courts. The community was thus confronted with the delicate problem of how to adopt a clear-cut and firm posture vis-a-vis evaders. One may add here the evidence found in a responsum of R. Jehiel Trabot, in which it is mentioned that the members of the Portuguese community in Ferrara had earlier received permission similar to that requested by the Italian and Ashkenazic communities in 1574. The question addressed to Trabot reads as follows: 112

113

114

I saw the form of the agreement . . . made by the people of the holy community of the Portuguese, against those who break the fence [around] ' I l l . m o et Ecc.mo S.r D u c a : T r o u a n d o s i g l i hebrei habitatori i n Ferrara I t a l i a n i , e T h e d e s c h i fedelissimi d i V . E. I l l . m a n o n hauere nelle l o r sinagoghe D o t t o r i hebrei che tenghino particolar cura d i prouedere alii disordeni che gionalmente posseno occorrere come gia altre uolte hano hauuto fecero ellettione a g i o r n i passati d i tre loro R a b b i quali assistentemente habbino a r i d u r s i alia p r i n c i p a l sinagogha dando loro carico et autorita d i prouedere alii disordeni che potessero nascere tra essi hebrei, i l somario della quale loro terminatione si esibisce q u i annessa per informatione d i V . E. et per che detta ellettione e fatta con condetione che u i sia i l consenso d i V . E. I l l . m a et n o n altrimente ricorsero a piedi d i quella supplicandola si degni conceder loro i l detto consenso et accio che n o n si possi credere chel dar tal faculta a d e t t i R a b b i fusse u n scemare della podesta del 111.re Sig.r G i u d i c e de sauij sopra le cose della natione hebrea desidreno et supplicheno V . E. che dia faculta al detto S.r giudice d i accrescere et s m i n u i r e Pautorita d i d e t t i R a b b i secondo che a l u i parera d i bisognoso i n t u t t e le cose p e r t i n e n t i al offizio suo che t u t t o riconoscerano da lei per gratia singolare alia quale pregano dal Sig.r I d d i o felicita et esaltatione. Judex X I I sapientum circa narrato prouideat et faciat q u o d ei conueniens v i d e b i t u r Jo. Battista Pegna u l t i m o ottebris 1574. (Appeal o f the c o m m u n i t y i n Ferrara to the D u k e concerning the establishment o f a court, and the D u k e ' s approval. D o c u m e n t 58, p. 279, i n the H e b r e w edition o f this book.) 1 1 2

1 1 3

1 1 4

See n n . 33 and 48 i n this chapter. Teshuvot Matanot ba-Adam, sect. 60, fos. 68a-69a.

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the Torah . . . and who wish to follow the statutes and customs and laws o f the Gentiles . . . Therefore the members o f that congregation arose and imposed a l i m i t and restriction on this, and all o f the congregation enacted and agreed as one, to impose a fine upon any one of the community who would violate their agreement and against anyone who would rise and attempt to make crooked the straight, to nullify their agreements and arrangements and the privileges which they received from our L o r d , the Magnificent Duke o f Ferrara; that [such a person] would be subject to the ban and not be called up to read the Torah for a set period, and other penalties, as enumerated i n the said agreement, so long as he does not bring down the haughtiness o f his heart to repent full-heartedly and humbly submit to the authority o f the H o l y Community. A n d as there were people from the H o l y Community who rose and violated the laws and altered the ordinance, and even though law-abiding people spoke to them privately to persuade them to act justly, they did not wish to hear . . . T h e i r hand is powerful, and they may act according to their w i l l , because they are violent and strong and do not feel fear. A n d should the people o f that H o l y Congregation wish to chastise and criticize them and return them their just deserts, certainly the flame o f disagreement and dispute would flare up i n that holy congregation, and none could extinguish i t . Therefore, the members o f that congregation decided this time to bury their faces and eyes i n the earth, and to forgive their shame i n order to uproot the roots o f controversy and to increase peace i n the earthly family, and that there may not arise opportunities o f damage, and that peace may rule among them. A n d I , the young one, was asked. . . whether the members o f that H o l y Congregation are required to do thus, and to violate their regulations and to forgive those who violated the agreement even though they have not repented . . . and whether or not there is any sin in their not chastising them on this . . . T h e r a b b i a l l o w e d t h e m t o n u l l i f y the agreement i f the m e m b e r s o f the c o m m u n i t y w i s h e d t o d o so 'so t h a t the sinners w i l l no longer have c o n t e m p t o f i t ' . W e m a y i n f e r f r o m t h i s t h a t he d i d n o t see this agreement as an effective means o f s t r e n g t h e n i n g the status o f J e w i s h L a w . I n his o p i n i o n , i t w o u l d have been better n o t to 'offer an o p p o r t u n i t y to the o p p o n e n t to disagree', t h e r e b y u p s e t t i n g the delicate balance between the g o v e r n m e n t ' s willingness to tolerate the i m p o s i t i o n o f i n t e r n a l J e w i s h a r b i t r a t i o n a n d the o p t i o n offered t o i n d i v i d u a l Jews t o a v o i d t h i s b y appeal to n o n - J e w i s h courts. As we m e n t i o n e d above, the appeal t o the r u l e r s o f F e r r a r a b y the I t a l i a n a n d Ashkenazic congregations for p e r m i s s i o n to

6. Arbitration

as Basis for

Law

in

Italy

239

establish courts came only a few years after the permission granted to the Portuguese community to excommunicate all those who refused to turn to Jewish arbitrators. This right, granted to Portuguese tx-conversos who returned to Judaism in Ferrara, was among the special privileges granted to them in order to attract them to Ferrara, as had been done in Savoy in 1 5 7 2 . One therefore receives the impression that the tendency to appeal to the government on judicial matters, specifically in the 1570s, was strengthened by two factors: on the one hand, the increased pressure upon non-Jewish courts due to the large number of suits involving questions of inheritance following the Great P l a g u e and, on the other hand, the granting of special privileges to the Portuguese conversos. These privileges stimulated other Jews to renew their own attempts, and also made it more difficult for the government to reject such attempts. For if the conversos were given this privilege, did it not stand to reason that it should also be granted to the previously established Jews, who had neither been Christians nor 'betrayed' Christianity?! 115

116

6. A R B I T R A T I O N AS T H E B A S I S FOR J E W I S H L A W I N I T A L Y

All in all, we may now conclude that Jewish law in Italy did not go beyond the limits of arbitration throughout the period under discussion. As stated at the beginning of the chapter, this conclusion does not differ in principle from that reached by C o l o r n i , although the detailed description given above would seem to demand an additional conclusion, namely, that throughout this period, and in fact at least until the end of the seventeenth century, one may not make use of the term Rabbinical Court (bet-din) without a qualifying explanation. One must certainly reject any blanket statement that the Rabbinical Court was one of the institutions of the Jewish community in Italy during this period, unless the term is taken in the more restricted sense as explained above. Such terms as 'court' (bet-din), 'judge', 'to 117

118

See Beinart, ' T h e Jewish Settlement i n the D u c h y o f Savoy'. See C h . 3, Sect. 6. C o l o r n i , Legge ebraica e leggi locali. Cf. also Pertile, Storia del diritto italiano, i i i . 215-16. See e.g. h o w Cassuto, w h o d i d n o t f i n d any m e n t i o n o f a rabbinic c o u r t i n Florence, reached the conclusion, based o n the later period, that ' i n c i v i l disputes i t was also 1 1 5

1 1 6

1 1 7

1 1 8

5 . The Judicial

240

Function

of the

Rabbis

go before the court closest to him', 'a proper court', or even 'the Head of the Court' (av bet-din) cannot be used in all other cases. One must be particularly aware of the danger of any literal understanding of such terms, which halakhic scholars used either out of h a b i t or because they were quoting sources. 119

120

121

permissible to judge i n accordance w i t h Jewish law before a r a b b i n i c c o u r t , w h e n the t w o litigants agreed to do so; b u t i n this case the Jews o f Florence were forced t o t u r n to another Jewish c o m m u n i t y , because no r a b b i n i c court existed i n Florence d u r i n g the period under discussion' (U. Cassuto, Firenze, 156, and cf. his remarks o n p . 164). I n p o i n t o f fact, what was lacking i n Florence d i d n o t exist i n any other c o m m u n i t y d u r i n g that p e r i o d either. O n the t e r m ' c o u r t head' (av bet-din), see C h . 3, near the end o f Sect. 4 d . See Tur Shulhan 'Arukh, Hoshen Mishpat, sect. 14, and the different opinions summarized there by R. G u r A r y e h h a - L e v i i n his gloss to sect. 5: ' T o d a y the [equivalent of the] Great C o u r t is the greatest sage o f the generation, there being no one higher than h i m . ' Cf. Tashbez, sect. 516. S i m i l a r l y , i n the Responsa o f R. Joseph C o l o n the t e r m ' c o u r t ' (bet-din) is synonymous w i t h scholar w h o is authorized to sit i n judgement, and whose very presence i n a given place determines the claimant's o b l i g a t i o n to f o l l o w the respondent to that place, i f he wishes a hearing based o n Jewish law. See e.g. J . C o l o n , Teshuvot Mahari"k, Responsum 58: 'therefore I impose u p o n y o u e x c o m m u n i c a t i o n . . . that y o u come here to Pavia, where she [the respondent] is, to go to judgement w i t h her; b u t i f the C o u r t i n Pavia is n o t acceptable to y o u , choose one judge yourself and she w i l l choose one for herself, and the t w o o f t h e m w i l l select a t h i r d , b u t i n all events they m u s t sit i n judgement here i n Pavia'. O u r i n t e r p r e t a t i o n o f these words is confirmed by comparison w i t h a statement w r i t t e n by C o l o n i n Responsum 2 1 , addressed to a rabbinical gathering i n F r a n k f u r t w h i c h had authorized R. S i m o n h a - K o h e n to sit at the head o f the c o u r t and to force the members o f the c o m m u n i t y to come before h i m for judgement (see M . H o r o w i t z , Rabbanei Frankfurt (Jerusalem, 1972), 18). C o l o n w r o t e there as follows: ' M o r e o v e r , have I not been w r i t t e n to by R a b b i . . . R. S h i m o n K a t z , w h o is foremost o f the great rabbis o f G e r m a n y , that they strengthen and s u p p o r t his c o u r t i n F r a n k f u r t by the strength o f their ordinance, n o t to force any m a n to remove anyone f r o m his court. Even i f one o f the l i t i g a t i n g parties should open his m o u t h and say that the N o b l e m a n R. S h i m o n K a t z is unacceptable to h i m , by reason o f marriage or consanguinity, i n all events the said R. S h i m o n shall convene the court i n his c i t y and i t shall be sustained by his w o r d . . . therefore I , the y o u n g one, also j o i n w i t h t h e m , and I declare w i t h the power o f the ban that no m a n can take R. H i r t z outside o f the C o u r t o f F r a n k f u r t . . .' See also Responsum 90. 1 1 9

1 2 0

See e.g. Teshuvot Mahar"ik, Responsum 154. T h e t e r m bet-din is used there i n connection w i t h earlier sources: ' T h i r d , that he ought n o t to have b r o u g h t h i m to the courts o f Gentiles u n t i l after he had received permission f r o m the C o u r t . . . for even i f you say that receiving permission f r o m the members o f the congregation is efficacious . . . as i m p l i e d i n the words o f our teacher R. M e i r , i n any event he o u g h t to have empowered those members o f the congregation w h o were f i t to judge his son Asher, to the exclusion o f those w h o beat h i m i n the synagogue, w h o were not fit to judge h i m o n several counts; and he should have done i t [ o n the basis of] a m a j o r i t y o f the others . . .' T h e permission o f the C o u r t referred to here is m e n t i o n e d i n the words o f M a i m o n i d e s and o f R. Moses o f Coucy, quoted i n extremely abbreviated f o r m by M o r d e c a i ben H i l l e l (Sefer Mordekhai to Baba K a m m a , sect. 74, quoted i n Bet Yosef Hoshen Mishpat sect. 26): ' B u t I f o u n d [ i n the responsum] o f R. M e i r that one is n o t allowed to force h i m [ t o be j u d g e d ] at the hands o f the Gentiles, unless the C o u r t or the heads o f the c o m m u n i t y allow h i m . . .' I t is therefore clear that one may n o t conclude f r o m this responsum o f R. Joseph C o l o n 1 2 1

6. Arbitration

as Basis for

Law

in Italy

241

Moreover, by virtue of their ordination, rabbis perceived themselves as 'seated upon the throne of justice' and naturally tended to see the place where they lived as 'a place where there is a Court'. It was therefore natural for them to summon people to come before them to be judged according to Jewish law, while those who refused such summonses were treated as violating communal discipline—a point which at times created controversy. Many of these controversies strengthen the thesis that, within the existing communal framework, Italian communities at this time were unable to establish permanent courts at which Jewish individuals could be required to be judged on the basis of communal ordinances. For this reason, one might reasonably argue that readiness to undergo arbitration was in fact tantamount to readiness to be judged according to Jewish law and to refuse to obey any further injunction. R. Abraham Menahem Porto ha-Kohen summarized this in his discussion of the hypothetical case of the 'Court of Sepphoris', which attempted to require Reuben, 'who lived in the region of the court of Tiberias', to submit to its jurisdiction (i.e. to undergo arbitration in 'Sepphoris'). He added: I have also seen what was written by R. M e i r of Padua concerning the dispute between Eliakim and Eli'ezer from Guastalla. T h e situation was such that the former wished to force the latter to choose a judge, and I remember very clearly that i n that case Rabbi da Rosa [i.e. R. Moses Provenzali] and those who followed his opinion argued that, according to R. Joseph Colon, this is the accepted [ l i t . 'simple'] custom among the Ashkenazim, and that i t is only their custom to do s o . 1 2 2

that there was a fixed court i n Verona i n his day. O n the contrary, a reading o f the entire responsum w i l l reveal that C o l o n d i d n o t k n o w o f any other way to conduct a hearing i n practice except before specially picked judges or arbitrators. T h e r e is therefore no g r o u n d for the c l a i m that Colon's words here and i n similar passages constitute a defence o f the prestige and a u t h o r i t y o f the i n s t i t u t i o n o f the c o m m u n a l c o u r t , as argued by H a r r y R a b i n o w i t z , ' R a b b i Joseph C o l o n and the Jewish Ban', HJ 22 ( i 9 6 0 ) , 64-5. T h e r e is similarly no basis for the assumption, at least i n the case o f I t a l y , that at Colon's t i m e 'each c o m m u n i t y had its o w n c o u r t {bet-din) whose judges administered rabbinical law'. Cf. i n terms o f the actual w o r d i n g used by C o l o n , the phrasing o f the second ordinance made i n a gathering i n Ferrara i n 1554: 'whoever violated the covenant first and b r o u g h t his Israelite b r o t h e r to the courts o f the Gentiles w i t h o u t the permission of his congregation or of the rabbi of his city . . .' 1 2 2

' T e s h u v o t R. A b r a h a m M e n a h e m P o r t o h a - K o h e n ' , sect. 25, fo.

163a.

242

5- The Judicial

Function

of the

Rabbis

Porto is referring in these last comments to R. Joseph Colon's responsum. Provenzali was inclined to reduce the entire question to one of Ashkenazic custom: if the obligation to appear for judgement before the rabbis of the place, who are known as the Court, is merely a matter of Ashkenazic custom, then this custom does not oblige those who are not Ashkenazim, so that one possesses full liberty in choosing one's arbitrators. Had there been a communal court in Mantua, the distinction between Ashkenazim and those who were not Ashkenazim would have seemed ridiculous! One must emphasize that this situation applied to the body of civil law, including the realm of family l a w . One need only mention here the extended dispute concerning the TamariVenturozzo divorce. As is known, in this case a court of arbitrators ruled that Samuel of Perugia was to divorce his betrothed within five days, and thereafter to receive from his father-in-law those objects which had been kept in his house, together with a certain 123

124

'Concerning the r a b b i w h o wished to force t h e m to be judged i n his c i t y , i t is the accepted custom among the Ashkenazim that, when a given person finds his l i t i g a n t i n a place where there is a court, he may force h i m to be judged there.' Teshuvot Mahari"k, sect. 14. 1 2 3

E v e n i n the k i n g d o m o f Naples, where m a n y traditions and practices f r o m earlier periods were certainly preserved, i n w h i c h one may detect the g r a n t i n g o f j u r i d i c a l a u t h o r i t y to the Jewish judges b y the authorities, there seems to me t o be no p r o o f that, 1 2 4

d u r i n g the period under discussion here and u n t i l the expulsion o f the Jews f r o m that k i n g d o m i n 1541, the exclusive a u t h o r i t y o f Jewish judges i n matters o f f a m i l y law was i n fact recognized, and that the appeal to t h e m was obligatory. See N . F e r o r e l l i , Gli ebrei nelPItalia meridionale ( T u r i n , 1915; repr. Bologna, 1966), 110-15; cf. C o l o r n i , Legge ebraica e leggi locali, 319. Certainly, the l i s t i n g o f w e d d i n g contracts b y the notary i n L a t i n translation does n o t support this conclusion, as such registration was customary t h r o u g h o u t I t a l y d u r i n g this p e r i o d , and these contracts were no more than 'documents w h i c h are presented i n the [ G e n t i l e ] courts', w h i c h facilitated the execution o f the decisions o f the arbitrators. Cf. also the document published b y I . Joel, ' I t a l i a n Ketubot i n the L i b r a r y ' s T r e a s u r y ' ( H e b . ) , KS 22 (1945-6), 270-2. O n the contrary, this practice led to not inconsiderable complications concerning the halakhic possibility that one had to relate t o these documents w i t h i n the framework o f the r u l e , 'the law o f the land is the law', leading to the conclusion that, because they were recorded i n G e n t i l e courts, they were applicable even against the usually accepted halakhah—for example, w i t h regard to the r i g h t o f the wife to collect the money stipulated i n her w e d d i n g contract even d u r i n g her husband's l i f e t i m e (see f u r t h e r below). T h e notary's registration o f the marriage contract likewise confirms the fact that, i n matters o f f a m i l y law, the halakhah was generally accepted i n Gentile courts as the personal law o f the Jews, w i t h i n the framework o f the legal system; see C o l o r n i , Legge ebraica e leggi locali, 181-97. I * follows f r o m this that even halakhic rulings w h i c h were issued b y rabbis were i n c l u d e d i n what is referred t o above, when confirmed by the courts.

6. Arbitration

as Basis for Law in

Italy

243

sum of money. O n the basis of this ruling, Samuel obtained a divorce from another court than the one which issued the above ruling. Subsequently, certain doubts arose concerning the validity of the writ of divorce (get), so that R. Moses Provenzali of Mantua, together with his colleague R. Elia Melli, delivered a letter to Samuel, to be presented to the girl's father, Joseph Tamari, in which he was asked to agree to the arbitration of the matter before a board of arbitrators in a neutral place. Provenzali was attacked for this step, on formal grounds, that is, for failing to appeal directly to the rabbis of Venice. He replied to this charge as follows: M y colleagues have asked me why I d i d not direct m y steps towards the great scholars o f Venice, who sit there on the throne o f judgement, so that m y modesty would be greatly recognized [through this] . . . T o whom o f the holy ones ought I to t u r n , for were I to pour out m y words to the judges [i.e. to the arbitrators who ruled that Samuel was to give the divorce] or to the arrangers [i.e. to the 'Court* who presided over the divorce ceremony], I would not be dealing even-handedly w i t h the disputants, for they are suspect i n the eyes o f the young man, nor w i l l I deny that truthfully i n m y eyes they also seem somewhat o f an interested party . . . A n d i f I would chance to t u r n towards the Oriental [i.e. Levantine] scholars who dwell there w i t h them, I do not even know how to approach them or who they are. A n d I also feared lest [the anger] o f the Ashkenazic sages burn at me for this reason, and they would say that I d i d not respect their honour . . . apart from the fact that i t would seem as i f I were taking too much authority upon myself were I to arrange that the judgement be decided by those who initiated it. Both sides would ignore the judgement and would not take heed o f it . . , 1 2 5

The essential point is that a number of different rabbinic bodies existed in Venice which could legitimately claim to possess the authority of a Court so that, were he to turn to any one of these bodies, his choice would necessarily be an arbitrary one, and it was not his prerogative to determine which of them was to be granted the authority of a court in this or another instance. One may infer from this that, within its institutionalized organizational framework, the community did not grant final authority to any one particular court. Thus, according to R. Moses Provenzali, 1 2 5

Eleh

ha-Devarim

( M a n t u a , 1566), 28.

5 . The Judicial

244

Function

of the

Rabbis

all matters requiring the intervention of a court automatically remained a matter for arbitration. It follows from Provenzali's words that, even in matters of family law, one must go before a court of arbitration in a situation such as the one described above. Provenzali was likewise attacked for this statement, on the basis of the ruling of R. Solomon ben Adret of Barcelona that arbitrators may not deal with prohibitions relating to marriage and divorce. Provenzali wrote an entire treatise to refute this argument. The halakhic intricacies of this question are irrelevant to the present discussion, as even Provenzali's opponents did not ask to raise the matter before the court of permanent judges in V e n i c e , but argued that the matter was to be decided by the majority of those contemporary scholars who were competent in matters of family law. Against them, R. Moses Provenzali argued that 'this can only be in one court, or in one in which they have agreed after negotiation'. In any event, no communal court, by whose authority the incident of this divorce could have been dealt with, existed in Venice. This was the source of the confusion in this matter, which agitated Italian Jewry for years. We may also add here, as another indirect confirmation of the non-existence of recognized, binding, legal, rabbinic authority, the repeated cases of the interruption of public worship by persons with a complaint, either against another individual (e.g. a respondent who refused to come to Court) or against the community in general. This practice, within the context of the medieval Jewish community, provided the individual with direct access to public opinion, and was thus a 'bulwark of strength for the weak and oppressed against the powerful'. The practice, known as bittul ha-tamid (the abrogation of public prayer), is already mentioned in the ordinances of R. Gershom Me'or ha-Golah (c. 960-1028), and there is evidence that it was used throughout most of the sixteenth century. 126

127

128

129

130

131

1 2 6

Sect. 1209.

T h i s c o m m e n t a r y was published first. As, on the face o f i t , one m i g h t easily conclude f r o m the above r u l i n g o f R. S o l o m o n ben A d r e t . 1 2 9 T h i s c o m m e n t a r y was published first, fo. [ i o ] a . 1 2 7

1 2 8

L . F i n k e l s t e i n , Jewish Self-government ( N e w Y o r k , 1924; 2 n d edn. 1964), 18; cf. 15-18, 33¬ Cf. R. E m m a n u e l b . Jekutiel o f Benevento, Sefer Livyat Hen ( M a n t u a , 1557), 6a: ' I a m deeply disturbed . . . w h e n I hear that i n the synagogues, w h e n the p u b l i c is 1 3 0

1 3 1

j . 'The Law of the Land

is Law"

245

Once the arbitrators' ruling had been issued, it was approved by a notary and made enforceable by the decision and declaration of the appointed official (praetor). As mentioned above, after such a decision became the equivalent of the decision of a court of law, its execution was turned over to the same non-Jewish authorities responsible for the execution of regular court decisions. These governmental officials were not associated with the judiciary, but with the administrative system, and their action in carrying out the rulings of the arbitrators was in no way different from their activities in executing decisions of the courts, even if the ruling was one issued by Jewish arbitrators. Many arbitration rulings of Jewish arbitrators appear in the archives of notaries in Italian cities, most often in Italian or Latin translation, and at times even together with the Hebrew text of the r u l i n g . These documents are of great importance for understanding the transfer of concepts and terminology from Hebrew into Italian or Latin. In fact, a study devoted to such transfers might be of great value in understanding how Hebrew was translated into other languages, as well as in clarifying certain points concerning the remnants of the Judaeo-Italian dialect at the close of the Renaissance. However, 132

133

134

135

136

p r a y i n g a n d d u r i n g the reading o f the L a w , there is a sound o f t u m u l t f r o m t h e city a n d a noise f r o m the sanctuary, that they go i n t o their assembly a n d i n t e r r u p t d u r i n g the reading o f Shema* or before the Silent Prayer. M y heart is pained w h e n I a m t o l d b y those w h o sit i n the gate about the evil that has beset m y people i n some places; that i n the Small Sanctuary [ i . e . the synagogue] at the t i m e o f c o m m u n a l prayer people come f o r w a r d a n d , because o f some dispute or quarrel, i n t e r r u p t the fixed offering [ i . e . the regular service of prayer] a n d t r o u b l e the congregation t o hear words o f discord a n d a voice cursing a n d blaspheming, s t r i k i n g w i t h a wicked fist. I s this called the H o u s e o f G o d a n d the gate t o heaven?! . . . W o u l d i t n o t be better for h i m t o go t o the study house o f the sages or t o the house o f the person w h o shall be judge i n those days, that the judge may tell h i m words o f judgement; b u t i n the synagogue he shall n o t speak o u t , and they w i l l rejoice that he is silent, a n d does n o t t r o u b l e the worshippers n o r d i s t u r b the people f r o m their acts.' Cf. D o c u m e n t s 46, 50, and 57, p p . 259, 263-74, a n d 278 i n the H e b r e w edition o f this book, a n d i n Sect. 5 above. 1 3 2

See C. Lesona, Manuale

di procedura

civile ( M i l a n , 1932), 44.

I b i d . 364. See n . 1 above for the f o r m u l a t i o n o f the basic R o m a n l a w , w h i c h concludes w i t h the statement: ' E o r u m sententias p r o v i n c i a r u m Judices exequantur.' See e.g. V . T e d e s c h i , ' I I d i r i t t o giudiziario israeliano', Annali della Facoltd di Giurisprudenza del? Universita di Genova, 10 (1971), fasc. 2, 16-17; R. Segre, Gli ebrei Lombardi nelPeta Spagnola ( T u r i n , 1973), 124-5. A l o n g list o f documents o f this sort i n Padua is given b y D . C a r p i , ' h a - Y e h u d i m be-Padua be-tekufat ha-Renessans', D o c t o r a l Dissertation, Jerusalem, 1967, p . 212 n . 9. e.g. an interesting a r b i t r a t i o n agreement is preserved i n the ' A r c h i v i o N o t a r i l e ' i n Cremona (fondo notarile, N o t a r i o G . B. R a i m o n d i , filza 120). 1 3 3

1 3 4

1 3 5

1 3 6

246

5- The Judicial

Function

of the

Rabbis

it seems to me that documents of this sort have no special characteristics which would make them particularly important to the historical issue at stake here, for which reason I see no need to dwell on them.

7.

'THE LAW

OF T H E L A N D

IS

LAW'

The situation described above, in which the pressure of the Christian world became a factor of central importance in the way in which Jewish law was applied, was quite naturally reflected in the contents of Rabbinic rulings. It seems to me that this phenomenon may best be understood by examination of the ways in which Jewish scholars in Italy during this period interpreted the famous Talmudic rule of the Babylonian scholar Samuel, 'the law

of

the

land is the

law'

(dina

de-malkhuta

dina).

A

full

discussion of this subject, even within the limited orbit of our study, would go far beyond the scope of the present work. This is one of the few halakhic subjects in which elements of socio-political philosophy, on the one hand, and historical reality, on the other, are intertwined in such a complex and manifold way that it is impossible to discuss it briefly in a satisfactory manner. We must therefore content ourselves with a brief allusion to the turbulence caused by the legal situation in the realm of halakhic rulings in this area, while noting that a proper explanation of the political and social approaches of the various sages, as well as the practical expression of those questions which pertained to the rule, 'the law of the land is the law', certainly merit a separate study. As to the basic question of whether or not this rule applies to civil cases, it would seem that, in Italy, during the period under discussion, there was no objection to the tendency, which began to emerge as early as the fourteenth century, to restrict the applicability of this rule to those matters which were regarded as 'the direct concern and interest of the King', while interpreting as narrowly as possible those sources which would apply this rule to civil law as w e l l . T o a certain extent, this tendency was 137

138

F o r a general survey o f the subject, see L . L a n d m a n , Jewish Law in the Diaspora. F o r a m o r e p r o f o u n d discussion, see S. Shilo, Dina de-Malkhuta Dina (Jerusalem, 1975). 138 p sources, see Encyclopedia Talmudica, s.v. dina demalkhuta dina, v i i . 2 9 9 - 3 0 1 ; cf. Shilo's discussion i n Dina de-Malkhuta Dina, 131-45. 1 3 7

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strengthened by the parallel tendency to prevent individuals from having recourse to non-Jewish courts. Evidence of this appears in the discussion by R. Joseph Colon which is intended to demonstrate that even according to those opinions quoted by Mordecai ben H i l l e l (1240?98) i n his [Talmudic] commentary, that even i n other civil matters we say that [the rule of] 'the law of the land is the law' is applicable, this seems to apply only to tariffs and levies of the King's law . . . but it seems obvious that i n cases between two [Jewish] parties, this is not so, for otherwise all the laws of the T o r a h would be made n u l l and void, Heaven f o r b i d . 1 3 9

It has been rightly noted that Colon's conclusion here relies upon a particular line of interpretation of the statements of R. Asher b. Jehiel (1250-1327) and his son R. Jacob b. Asher, author of the Arhaah Turim (1270-1340) in their discussions of court litigation, and that from a purely theoretical halakhic perspective, the inclusion of civil cases under the rubric of 'the law of the land is the law' may coexist with the prohibition of resort to a Gentile court. It would therefore seem that an additional element was introduced in this halakhic discussion, which reinforced the opinion that the application of this rule to civil matters might also encourage the resort to Gentile courts. There was thus an opposing halakhic tendency to restrict this rule to exclude civil cases, thereby averting this danger in those places where the Jews did not enjoy legal autonomy. I n any event, following Samuel's rule, the principle was accepted that one might recognize the validity of documents which were validated by Gentile courts, including deeds of gift, without recognizing the Christian laws pertaining to such documents—'documents which were validated in Gentile courts were not allowed, except for their being considered valid per se, that is, that we do not consider them as invalid documents; but not that we are to depart from the law of Torah, even by a hair's breadth'. Nobody directly challenged the authority of R. Joseph Colon and the tradition of the French sages, from 140

141

142

1 3 9

Teshuvot

Mahari"k,

Responsum 188.

See S h i l o , Dina de-Malkhuta Dina, 138-42. Cf. Shilo's comments, i b i d . 143-5. Evidence for the presence o f this consideration i n Colon's t h o u g h t may also be seen i n his h a n d l i n g o f the r u l e , 'the law o f the land is the law', i n Teshuvot Mahari"k, Responsum 192. Teshuvot Mahari"k, Responsum 192; cf. Shilo, Dina de-Malkhuta Dina, 362. 1 4 0

1 4 1

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5- The Judicial

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of the

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which he drew proof for his position. Nevertheless, it became customary to draw up documents only in Gentile courts, since a situation had developed in which the Christian authorities were required to execute the decisions of Jewish arbitrators provided that these were based upon documents that had been validated (i.e. in Gentile courts). This situation created a multitude of questions, and effectively reopened the entire discussion from a number of different angles. It is in the nature of such documents to contain conditions pertaining to economic matters, and it is a well-known principle of Jewish law that in such matters any conditions made between the parties are valid, even if they contradict the laws of the Torah, provided that they are drawn up in accordance with certain procedures. It follows from this that even within the framework of these rules, if one were to say that Samuel's rule, 'the law of the land is the law', applies only to matters defined as pertaining to 'the interest of the King', and that one has to follow the rules of the Torah strictly in granting validity to documents validated in non-Jewish courts, there is nevertheless still room for disagreement concerning any specific document. Was it drawn up in accordance with Jewish law or not? I n a case 143

144

145

Teshuvot Mahari"k, Responsum 65: ' I t is likewise w r i t t e n i n x l v i , 8, 5, as follows: " I received f r o m m y teachers, who received a F r e n c h [scholars], that one does not assume that 'the law o f the land i n those matters w h i c h are the concern o f the k i n g . . . b u t i n those between m a n and his fellow, the Sages d i d not assume that 'the law law' " . ' 1 4 3

Sefer ha-Terumah t r a d i t i o n f r o m the is the law', except matters w h i c h are o f the land is the

T h e I t a l i a n scholars refer to this custom as the one usually practised, and generally w i t h o u t the slightest h i n t o f criticism. See e.g. Teshuvot Matanot ha-Adam, sect. 156, p. 220: 'as i t is the custom i n all the regions o f I t a l y to register documents b y non-Jewish expert scribes.' Cf. the remarks made by R. M e i r o f Padua, Responsa 47: ' b u t i n our matter, i f we believe the scribe that the b o r r o w e r a d m i t t e d t r u t h f u l l y that i t (the note o f indebtedness) was paid off, what have we to do w i t h testimony that is u n f i t according to our law [i.e. that of Gentiles'], for are not witnesses required only i n order to determine the t r u t h i n such matters? B u t as the authorities take care to trust the scribe as m u c h as one h u n d r e d witnesses o f ours, therefore i n our matter as well we w i l l trust the scribe. A n d what have we to do w i t h unfit witnesses, because o f consanguinity or some other defect? . . . W h e n i t is w r i t t e n by a notary who is appointed by the K i n g or by the G e n t i l e courts, we validate the document, as i n their law i t is valid, for we rely u p o n the trustworthiness o f the scribe, that he w o u l d not deliberately lie, or u p o n [the rule t h a t ] the law o f the land is law.' See also i b i d . , sects. 54 and 60, and R. Joshua Boaz, Shiltei ha-Gihhorim, o n R. Isaac Alfasi's code, to Bava Batra 71a. ( I w i s h to thank Prof. S. Shilo for b r i n g i n g this source to m y attention.) 145 p I t a l y d u r i n g the period under consideration, see the discussion o f R. A b r a h a m del Vecchio i n D o c u m e n t 50 i n the H e b r e w edition o f this book. 1 4 4

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in which a formal halakhic defect in the drawing up of the document is found, what are the possibilities of validating it on halakhic grounds, given that it is valid according to Gentile law? Behind such discussions there always lurked, in practice, the shadow of the Gentile magistrates: in the final analysis, all those who wished to validate halakhically deficient documents proposed, by means of a halakhic argument, essentially to accept the non-Jewish law regarding them, while those who wished to disqualify them did so on the grounds of the presumption that one may not apply Samuel's rule, 'the law of the land is the law', in such cases. I n all of these cases, one can sense the confrontation of Jewish law with non-Jewish law in a society which wished to live in accordance with halakhah, but was subject to Christian judicial bodies. Jewish law, Christian authority, social pressures, the socio-political views of the scholars, and of course individual interests—all contributed to the overall picture. The problem of documents which were invalid under Jewish law but valid under Christian law was but one aspect of a wider set of problems, in which Jewish law openly contradicted the laws accepted in Christian courts. Thus, there was a serious argument concerning a certain dowry document drawn up in Gentile courts which did not contain the phrase required in order to make non-Jewish practice valid according to Jewish law, i.e. 'to collect it according to the local custom'. It was asked whether the woman could still collect her dowry on the basis of this document during her husband's lifetime, 'as was the custom'. The leading figure among those answering in the affirmative was R. Baruch Chazachetto of Ferrara, who argued in defence of this custom, citing a statement in the Responsa of R. Isaac ben Sheshet Perfet (Ribash, 1326-1408), sect. 102, concerning the collection of the zadak during the husband's lifetime. The leading opponent 146

147

148

See ' T e s h u v o t R. M o s h e Provenzali', sects. 85, 96, 97; Teshuvot Matanot ba-Adam, sect. 123. I n a d d i t i o n to R. Moses Provenzali and R. B a r u c h Chazachetto, there also participated i n this controversy R. Eli'ezer Ashkenazi, R. A a r o n N o r l i n g e n , R. Phineas o f M e l l i , R. Seligman Hefetz, and R. A z r i e l T r a b o t . 147