WHEN—ACCORDING TO TRADITION—Rabban Jochanan ben Zakkai died at the age of 120 years he was succeeded as Nasi of the Sanhedrin by Rabban Gamliel, the son of Rabban Simeon who was killed during the rebellion against Rome, and grandson of Rabban Gamliel the Elder. Rabban Gamliel the Elder was a grandson of Hillel. Rabban Gamliel II was thus the fifth descendant in line to Hillel.
Being a descendant of Hillel, Rabban Gamliel was looked up to as a scion of the Royal House of David, and as long as one such remained, no one doubted his rights to the office of Nasi. But his assumption of this office was probably delayed because at the time that his father was killed, Rabban Gamliel was a young and sickly child and he could not be entrusted with such a responsible office. Assumption of the position of Nasi was also subject to the approval of the government and therefore some time elapsed before the Roman authorities were ready to consent to the appointment of a Nasi whose father lost his life in a revolution.
Throughout the time that Rabban Gamliel was Nasi the Sanhedrin was maintained in Jabneh with a membership of seventy-two,1)ידים פרק ג׳ משנה ה׳. and although Rabban Gamliel traelled extensively and issued his decisions in many places he always stressed that Jabneh must remain the local point of Jewish life. Rabban Jochanan ben Zakkai previously strived to attain the same end. But it is interesting to know that the relations between Rabban Gamliel and some of the outstanding disciples of Rabban Jochanan ben Zakkai were frequently strained. One of these disciples, Rabbi Elazar ben Arach, was persuaded by his wife to leave Jabneh. He expected that a great number of scholars would follow him because of his prominence. It is told of him that when he once expounded before his master the mysteries of the “Divine Chariot,” a fiery cloud descended from heaven and hid both of them from the eyes of the passers-by and a host of angels descended to hear his exposition. But in spite of all the reverence, which these legends seem to indicate was accorded to him, Elazar ben Arach was later forgotten and no one was concerned with him.
While other scholars of that time attempted to set up academies in various cities of Palestine in an endeavor to spread the knowledge of the Torah throughout the land, Rabban Gamliel sought to concentrate all of these efforts in Jabneh. He met considerable difficulties in attaining this aim and he was compelled to resort to forceful methods and a stubborn insistence on his decisions; these in turn frequently served to alienate from him the sympathies of the followers of Rabban Jochanan ben Zakkai. He then would go on protracted trips to places far and near to investigate the life of the Jews, their economic welfare and their religious life. He was thus frequently to be seen in Jericho, in Acco or in Kezib and wherever he went he spoke his word in all matters of Jewish life.
Of his relations with other people it is told that he was very careful not to cause the slightest suffering to anyone. When he discovered how many rules one must observe and that it was almost impossible to avoid conflict with friends and neighbors, he wept. In general he was a very kind person and prone to tears. When a neighboring woman lost her only son and her weeping was heard for many nights, Rabban Gamliel could not restrain his commiseration and wept until his eye lashes were soft.2)סנהדרין ק״ד ב׳.
But in his execution of his duties as Nasi he showed not the least weakness. Here he ruled with a strong hand and was ready to crush all opposition by excommunicating or driving out the opponent without considering the position or his relationship to the antagonist. Rabban Gamliel wanted his decisions to be final and he did not permit any decisions to be made without his consent. He therefore ordered an investigation of the opinions of all his pupils and whenever it was discovered that one secretly dissented, he was not permitted to enter the academy.
Rabban Gamliel owned much land and other property but he did not have time to devote to its management and he therefore rented these out to tenants. If a tenant lacked the money to buy seed, Rabban Gamliel loaned him the money or the seed which was to be repaid after the harvest. But when harvest came he always reckoned the debt according to the lower price. Thus if the price of the seed was lower at harvest time than it was at the time that the seed was loaned, he asked to be repaid the harvest season price; similarly if the price went up, he asked for the lower price at the time that the seed was loaned. Although the law did not require such treatment of tenants, he did this in order to prevent suspicion that he was profiting from his tenants.
Being a wealthy man, Rabban Gamliel also owned numerous slaves whom he treated kindly according to the regulations of the Torah. He was particularly attached with a strong bond of friendship to his slave Tobi who, he boasted, was a scholar of no mean ability. When Tobi died, Rabban Gamliel mourned for him as for a member of his family.
Of his relationship to Tobi it is told that Rabban Gamliel wanted to free him but could find no cause for doing so. When once he accidentally blinded Tobi in one eye, Rabban Gamliel was overjoyed, for this would give him an opportunity to free the slave according to the rule of the Torah. But when he told this to Rabbi Joshua he was informed that he could not do so because the slave had no witnesses.3)בבא קמא ע״ד ב׳.
Rabban Gamliel was also versed in the knowledge of mathematics and astronomy. To derive practical benefits from this knowledge he had a type of telescope made with which he could discern objects at a distance of two thousand ells both on land and on sea. In his house he had numerous drawings of the moon and when ignorant witnesses came to announce the new moon, they could point to the picture most nearly resembling what they saw.
Rabban Gamliel served the people as Nasi for over thirty years and although he was strict in the conduct of his office he was wont to say that his position was not that of a ruler but of a servant. He served faithfully and with devotion. In addition to his labors for the preservation of Judaism while travelling about, his period in office coincided with a difficult time for Jews. New decrees against the Jews were daily issued by the Romans and Rabban Gamliel constantly had to intercede to ameliorate the effects of these decrees.
As we mentioned above, Rabban Gamliel spared no opponent in his capacity of Nasi. When Rabbi Eliezer tried to establish a law according to the school of Shammai, he was excommunicated by Rabban Gamliel despite the fact that he was his brother-in-law. The scholars of the academy thereupon sharply criticized Rabban Gamliel for banning so brilliant a man as Rabbi Eliezer. Some time later Rabban Gamliel was travelling on a ship to visit distant Jewish settlements. The ship encountered tremendous waves which threatened to capsize it and Rabban Gamliel understood that this was a punishment for the ban which he imposed on Rabbi Eliezer. He then raised his hands to heaven and said: “God knows that I have done so not for the sake of my honor nor for the honor of my household but solely for the honor of God and in order to prevent disputes among Jews.” When he finished speaking the sea at once became calm and he safely arrived at his destination.
One of the chief opponents of Rabban Gamliel was Rabbi Joshua ben Chanania. Rabbi Joshua was known as a gentle peace loving man. He was always dissatisfied with the innovations of Rabban Gamliel but he was powerless to contradict them because of his great poverty. Rabbi Joshua gained his livelihood from making needles.
At that time there did not yet exist a definitely established calendar. Every month messengers were sent out to observe the appearance of the new moon and even though the scholars could calculate the exact moment of the appearance of the moon, it was prohibited to decide on the day of the new month without the testimony of witnesses who saw the new moon. On the basis of such testimony Rabban Gamliel once determined the day of the new year and of all the other holidays of the month of Tishri. But even as the witnesses were testifying to having observed the new moon, Rabbi Joshua felt convinced that their testimony was false for according to all possible calculations it was impossible for the new moon to have appeared. Gathering courage Rabbi Joshua told the Nasi that he was wrong in setting the date of the holidays on the basis of such testimony. This opinion was also supported by other scholars but Rabban Gamliel was adamant and refused to alter his decision. He turned to Rabbi Joshua and said: “If you have another calculation of the holidays, then I command you to appear before me carrying your cane and wallet in your hand and your bag on your shoulders on the day which you consider to be the right Day of Atonement.”
Rabbi Joshua was greatly grieved when he heard this, for he was convinced that he was right, and that it was only because of his poverty that the Nasi imposed upon him. Those of the scholars who agreed with him felt likewise. Nevertheless they advised him to do as he was bid for “everyone must obey the Nasi and whatever he says must be considered the law.” The text of the Torah enjoining the observance of the holidays they interpreted in such a manner as to prove that the court may decide on the exact day. They argued furthermore that no one must allow himself the decision of the Nasi he would also criticize the decisions of all the courts since the times of Moses.”
Rabbi Joshua was thus persuaded by his comrades and on the day which according to his calculation was the Day of Atonement, he came to Jabneh carrying his cane, his wallet and his bag. When Rabban Gamliel saw him coming he was overjoyed, he kissed him on the head and said to him: “Come in peace, my teacher and my pupil—my teacher in learnedness and my pupil in obedience.”
But in spite of the apparent reconciliation, a feeling of bitterness rankled in the heart of Rabbi Joshua since this event. He believed that he was humiliated because of his poverty. This occurrence also engendered an unspoken bitterness among other members of the Sanhedrin who resented the arbitrary behavior of their Nasi. But they stifled their opposition until another dispute arose between Rabban Gamliel and Rabbi Joshua.
One of the pupils came to ask whether the reciting of the evening prayer (מעריב) was obligatory or voluntary. Rabbi Joshua told him that it was voluntary and one could do as he chose. The same pupil then asked this question of Rabban Gamliel who decided that the reciting of the “Maariv” was obligatory. The pupil then asked: “How is it that Rabbi Joshua declared it to be voluntary?” and Rabban Gamliel answered: “Wait until all the scholars come to the academy and we will discuss this matter.”
When all the scholars gathered Rabban Gamliel declared, “I have ordained that the reciting of the evening prayer is obligatory”; saying this he turned to the assembled, “is anyone opposed to this decision?”
“No one is opposed,” Rabbi Joshua answered. Upon hearing this Rabban Gamliel said, “Joshua, stand up and a witness will testify that you have ordered otherwise before.”
Rabbi Joshua obeyed and arose; he stood for a long time before Rabban Gamliel told him to return to his place. The other scholars could no longer tolerate the overbearing attitude of the Nasi; there was an uproar of protest against his conduct and the impeachment of Rabban Gamliel from his office was taken to a vote.4)ברכות כ״ז ב׳.
When this became known, there appeared hundreds of others whom Rabban Gamliel previously expelled from the academy, and it was necessary to add 300 benches in the academy. Afterward they began to choose another Nasi instead of Rabban Gamliel. When the qualifications of all the candidates were considered it became apparent that Rabbi Joshua could not succeed Rabban Gamliel because the whole commotion arose on his account. Rabbi Eliezer ben Hyrcanus would have been a likely candidate but he was an angry person and a follower of the school of Shammai. Rabbi Akiba could not be considered because he was not descended from aristocracy; no one knew his origin and it was rumored that he was descended from proselytes. All eyes therefore turned to Rabbi Elazar ben Azariah, who was the equal of Rabban Gamliel in scholarship; he was also a descendant of an aristocratic priestly family, he possessed great wealth and was recognized by the Roman rulers.
Rabban Gamliel remained impeached for only a short time. It seems that only a few days passed before he was reinstated. The sudden outburst of the scholars against his severe conduct produced such a change in him that everyone was moved to pity. When the scholars saw that the aristocratically reared Rabban Gamliel bowed without complaint before the will of the people and that he did not break with the academy, from the presidency of which he was removed, but immediately adapted himself to his new status and took his place among the other pupils as an equal, they realized that they were overhasty and immediately considered a reconciliation.
Only then was it realized what noble traits Rabban Gamliel possessed. He was terribly humiliated; no one even thought of sparing the honor of the Nasi’s family which derived, through Hillel, from king David; only a day before everyone bowed before him, and suddenly the same people turned against him. Nevertheless he accepted the verdict of the people and did not absent himself from the academy for even one hour, although he fully realized that his situation was a very difficult one, for all his previous decisions would be reconsidered and all of his disciples of the past would attempt to prove them to be wrong.
But instead of dwelling on what happened to him he considered his behavior toward others and realized that he conducted himself too severely. He then went to Rabbi Joshua to ask his forgiveness. When he saw the darkened walls of the low narrow house in which Rabbi Joshua lived, he said, “from the walls of your house one can tell your occupation.” Believing that this was said with the intent to slight him, Rabbi Joshua answered, “Woe to the generation which has a leader like you, for you have no understanding for the suffering of the scholars and you do not know how they gain their livelihood.”
Rabban Gamliel said to him, “Now that I came to you, forgive me! Do so for the sake of the honor of my family.”
Rabbi Joshua was deeply touched at these words and readily became reconciled. Then Rabbi Akiba said to Rabbi Joshua: “We did all this for your sake; tomorrow let us both go to visit Rabban Gamliel.”
When the newly elected Nasi, Rabbi Elazar ben Azariah, heard this, he declared that he wanted to accompany them to inform Rabban Gamliel of his readiness to resign.
Rabban Gamliel was thus returned to his office and Rabbi Elazar ben Azariah was made head of the court. They divided their duties among themselves. Rabban Gamliel expounded the law on two Sabbaths in succession and Rabbi Elazar expounded on the third Sabbath. It seems that since that time Rabban Gamliel interested himself more with the occupations of his pupils. When Rabbi Joshua told him that two of his disciples, Rabbi Elazar Chisma and Rabbi Jochanan ben Gudgada, could calculate the number of drops of water in the sea but could not afford bread to eat or a garment to wear, Rabban Gamliel wanted to give them positions in the academy from which they could earn their livelihood. For some reason they refused these positions.
Peace was thus re-established in the academy of Jabneh and Rabban Gamliel remained Nasi until his death. His later conduct also indicates that he relented some of his severity and if he treated someone more harshly than the occasion deserved, it evoked no protest. Meantime the decrees of Rome became more severe and Rabban Gamliel was frequently compelled to journey to Rome to intercede for the Jews and to effect the revocation of some decree or, at least, to ameliorate its effects. He was often accompanied by some of his comrades on these trips and he was invariably successful in the accomplishment of his mission. His aristocratic bearing and his fluent Greek speech gained for him the confidence of the court and of the highest officials of the empire.5)ירושלמי סנהדרין פרק ז׳ הלכה י״ג, דברים רבה פּ׳ ב׳ פּיסקא כ״ד.
In his travels he often visited Jerusalem and when he once saw a fox on the site of the Holy of Holies he wept bitterly. This was reported to the Roman authorities who considered it a sign of disloyalty and wanted to have him killed. But a Roman friend of Rabban Gamliel came to the gate of the academy and announced: “The man with the prominent nose is sought.” Rabban Gamliel understood the hint and remained in hiding for some time until a new government came to power.
While Rabban Gamliel was impeached from his office as Nasi, there began a special investigation of all the innovations which he introduced into Jewish life. The scholars gathered testimony from all people who saw or heard of the customs of previous generations. On that day there were adopted many rules on matters that were previously in dispute. In some matters the followers of the school of Hillel decided according to the opinion of the school of Shammai; other laws were given an entirely new interpretation. But no law that was previously disputed was left in doubt on that day.
Two of the laws that were discussed that day throw light on the opinions of the scholars and on their ability to adapt themselves to changed conditions. There is a text in the Torah which says that “an Ammonite or a Moabite may not come in the congregation of the Lord.” But these two nations were no longer in existence at that time and those who were still called by these names were derived from other nations who settled in these lands during the wars and the migration of nations.
On the day that Rabban Gamliel was impeached there arose one of the pupils, Jehudah the Ammonite proselyte, and asked: “What about me? May I mingle with the Jews?” Rabban Gamliel said that he must not, but Rabbi Joshua ruled to the contrary. When Rabban Gamliel insisted on the literal meaning of the text, Rabbi Joshua said to him: “Have the Ammonites and Moabites of old remained in their lands? Has not Sanherib confused the nations of the earth a long time ago?”
The explanation of Rabbi Joshua was accepted by all scholars and they permitted Jehudah, the Ammonite proselyte, to consider himself a Jew.
Another question concerned the inclusion of the Song of Songs and of Ecclesiastes in the Scriptures. The followers of the school of Shammai particularly objected to Ecclesiastes on the ground that the reader may misunderstand its words and may think that it has no religious message. Later Rabbi Akiba declared that there were no differences of opinion regarding the Song of Songs, for “all eternity is worth less than the day on which the Song of Songs was given to the Jews,” but the argument centered solely on Ecclesiastes.*)Our scholars held varying opinions relative to the significance of some of the books of the Scriptures. Particular doubt was expressed regarding the books of Ezekiel, Proverbs, Song of Songs and Ecclesiastes and these were almost excluded from the Scriptures. The cause of these disputes are mentioned in numerous places in the Talmud but nowhere are they described in detail. From these it seems that the book of Ezekiel was objected to because of the description of the Divine Chariot whose mysteries must not be discussed before the uninitiated. The Talmud relates that a child (ינוקא) once pondered the subject of the light of the Divine Chariot and a fire descended from heaven and consumed the child. When the scholars discovered in Ezekiel contradictions to the Torah, one of them, Chanania ben Hiskia, pondered these contradictions so long that he used up three hundred jars of oil before he succeeded in explaining them. Of Proverbs and Ecclesiastes it was said, that they contradicted themselves and several verses in Eccleciastes were held to be deviations in the direction of heresy.
An important regulation of Rabban Gamliel was that relating to the Sabbatical year. According to a previous rule it was prohibited to cultivate the fields even on the sixth year immediately after “Shavuoth.” Rabban Gamliel removed this restriction and permitted cultivation until the New Year. He also stabilized the prayers at three times a day. The exact order of the prayers, which were then accepted as taking the place of sacrifices, was determined in his academy. With the aid of two disciples, Simeon of Pakula and Samuel the Small, the order of “Shemone Esrei” was determined and it was ruled to be the duty of every Jew to recite these three times daily.
The benediction of God as the “builder of Jerusalem” was introduced into the blessings pronounced after eating. Rabban Gamliel also tried to determine the blessings to be pronounced over various kinds of food and, although his comrades did not agree with all of his definitions, he nevertheless consistently clung to his opinions.
The Roman government seems to have realized at that time that it would not subdue the Jewish people unless it could control its spirit. The government then sent two educated Gentiles, who were to pretend conversion, to study the Torah from Rabban Gamliel. The two arrived in Jabneh and studied everything. After they learned what they needed they declared that they were satisfied with the whole Torah except the rule that it is permissible to derive benefit from robbing a Gentile. Rabban Gamliel then ruled to prohibit this, for in doing so one dishonors the Jewish name.6)ירושלמי בבא קמא פרק ד׳ הלכה ג׳. Worthy of mention is also the regulation of Rabban Gamliel that every Jew must explain to his household the significance of Pesach, Matzo and the bitter herbs, else he has not fulfilled the duties of the day.
Rabban Gamliel also introduced a regulation regarding the Samaritans (referred to as Kuthim in the Talmud) whom the scholars tried to isolate from the Jews. After he assumed office Rabban Gamliel sought to amend the laws against the Kuthim out of a belief that it would be possible to bring them closer to other Jews. In the war against Rome the Kuthim sided with the Jews and fought side by side with them unlike the Idumeans who betrayed the Jews and frequently allied themselves with the enemy. The Kuthim were therefore looked upon more favorably, and although it was previously said that “whoever eats the bread of a Kuthi is like one who eats the flesh of a pig,” Rabban Gamliel declared that a divorce that was obtained through the testimony of a Kuthi was valid. He also considered grains bought from Kuthim to be “Demai” in the same manner as were grains bought from an “Am Haaretz.”*)״דמאי״ are grains or fruits bought from an Am Haaretz concerning which there is doubt whether the tithe has been offered.
Later Rabban Gamliel visited the cities of the Kuthim and he realized that they were not true proselytes and were far from Judaism. He then declared that their produce is “Vadai” (certainly untithed) from which tithes must be offered. He also prohibited Jews to eat meat of their slaughtering.
Rabban Gamliel strongly praised people who have an occupation. Seeing that many Jews will have to leave the soil and turn to trades because of the political situation, he said: “Whoever possesses a trade is certain of his existence, even as one is certain of a vineyard which is surrounded by a fence.”
Rabban Gamliel and Rabbi Joshua became reconciled but nothing is known of the outcome of his dispute with his brother-in-law, Rabbi Eliezer ben Hyrcanus. We know of the excommunication but no mention is made of a reconciliation. The stories of the journeys of Rabban Gamliel frequently mention Rabbi Eliezer as a companion. While this may indicate a reconciliation, there is also another legend which says that the wife of Rabbi Eliezer, the sister of Rabban Gamliel, prohibited her husband from bowing at “Tachnun.” She feared that in doing so he would avenge himself on her brother. But once she forgot to observe him at prayer and he bowed at “Tachnun.” When she saw this she cried out that he had killed her brother. In the same instant Rabban Gamliel died. He was mourned by the whole people who called him “father” and his wife “mother.”