HE WAS CALLED SHMUEL YARCHINAA,1)בבא מציעא פ״ה ב׳. although his real name was Shmuel ben Aba Hakohen. Together with Rav he was one of the first founders of the Babylonian Talmud. Shmuel lived in Nehardea where he conducted an academy and after the death of Rav Sheila he received the title ״ריש סידרא״ (the Head of the Academy).
Concerning the relations of Shmuel and Rav it is impossible to arrive at definite conclusions. At times it appears that Shmuel was an intimate friend of Rav and even dependent on him.2)מגלה כ״ב א׳. At other times Shmuel directed his questions to Rav as to his master.3)כתובות כ״ב א׳, ירושלמי שבת פרק ג׳ הלכה א׳. But sometimes he opposed the opinions of Rav and maintained contrary ideas.4)שבת נ״ג א׳, חולין מ״ח ב׳.
Nevertheless it is related that when Rav died Shmuel rent thirteen garments and said: “The man of whom I had so much use, has departed.”5)מועד קטן כ״ד א׳.
Regarding Shmuel’s scholarship it was said that he was primarily an astronomer versed in the ways of the stars, the moon and the planets and that he could calculate the seasons and the months. It is also known that Shmuel once declared: “The paths of heaven are known to me like the streets of Nehardea.”6)ברכות נ״ח א׳. Another time he said: “I could calculate the leap years for all the Jews.”7)ראש השנה כ׳ ב׳.
In addition Shmuel was also known to be a learned doctor and acquainted with the laws of nature.8)נדה כ״ה ב׳. When Rabbi Jochanan wrote to him, he addressed him as “our outstanding comrade in Babylonia”.9)חולין צ״ה ב׳. Other scholars referred to him as the “lion” and allegorically called him “the lion, the king of the laws.”10)קדושין ל״ט א׳, מנחות ל״ח ב׳.
Due to the great honor which was accorded to Shmuel, even his father was referred to as “the Father of Shmuel”, although he was a prominent man in his own right and was highly respected by the Nasi. He probably also occupied an important post among Babylonian Jewry for we find him addressing questions to Rabbi Jehudah ha-Nasi of a general religious nature such as the one concerning the order of “Havdalah” when a holiday begins on a Saturday evening.11)פּסחים ק״ג א׳. On another occasion Shmuel’s father visited Palestine in order to ask Rabbi Jehudah ha-Nasi concerning a problem of money matters.12)ירושלמי בבא מציעא פרק ד׳ הלכה א׳.
It was said of Shmuel’s father that he was a silk merchant and Rabbi Jehudah ben Bathyra once sent him a message that he wanted to buy some silk. When Shmuel’s father arrived with the merchandise he was told that Rabbi Jehudah had no intention of buying any. But Shmuel’s father said: “I have more faith in your words than in your money.” To this Rabbi Jehudah replied: “Because you have believed my words, you shall have a son who shall equal the prophet Samuel.”13)מדרש שמואל פּרשה י׳.
In his youth Shmuel studied with his father and later he went to Palestine. There he became the physician of Rabbi Jehudah ha-Nasi and cured the latter of an eye disease. It was said at that time that the Nasi regretted that he could not ordain Shmuel. No cause for the inability of the Nasi to ordain Shmuel is mentioned and it may therefore be assumed that since Rabbi Jehudah was sick he could not convoke the other scholars to grant ordination. Shmuel consoled him by saying that most likely it was foretold even before Adam that he was destined to be a wise man but not an ordained Rabbi.14)בבא מציעא פּ״ה ב׳.
Although Shmuel devoted much study to medicine he declared that three ailments he could not cure: the effect of eating bitter fruit on an empty stomach; the effect of wearing a moist flax belt and the effect of eating a meal and then not walking at least a distance of four ells.15)בבא מציעא קי״ג ב׳.
Since many of the people in the neighborhood of Shmuel suffered from eye ailments, he found a salve which became famous. But although he was the discoverer of the salve he nevertheless declared that a drop of cold water in the morning and washing one’s hands and feet with warm water in the evening are better than any salve in the world.16)שבת ק״ח ב׳. Another time he said that he who does not wipe his face well after washing it, his skin will become rough.17)שבת קל״ג ב׳. For one who suffers from a cold it is permissible to make a fire during the Sabbath, even if the weather is as warm as in the middle of the summer.18)שבת קכ״ט א׳.
In accordance with his medical theories he listed the foods that should be given to a person who faints from hunger.19)יומא פּ״ג ב׳. He also used the order of the Hebrew alphabet to explain his medical ideas. Thus he said that the letters נ׳ ס׳ ע׳ are the initials of ״נונא סמא לעיניא״ which means that eating fish is good for the eyes”.20)נדרים נ״ד ב׳
Among Shmuel’s friends there was a Gentile astrologer Ablat with whom he discussed the heavenly bodies. Shmuel proved to him that astrology did not influence the life of the Jews for by means of prayers they could change any decree that the stars might foretell for them.21)שבת קנ׳׳ז ב׳.
After the death of king Artaban and his successor Ardeshir, the throne of Persia and Babylonia was ascended by king Sapor I who was a friend of Shmuel. (In the Talmud this king is known as “Shavour Malka.”) This king declared a war against Capadocia and conquered its capital where he slew 12,000 Jews. But Shmuel did not mourn this event for he was of the opinion that they had deserved their fate for fighting against Shavour Malka.22)מועד קטן כ״ו א׳.
Shmuel was courageous in his convictions and he did not fear to attend the debates at “Be Avidan” and he also argued matters of faith with king Sapor.23)סנהדרין צ״ח א׳.
It may be assumed that upon his return from Palestine Shmuel brought the Mishna of Rabbi Jehudah ha-Nasi which he taught to his pupils. He was also the first one who allowed himself to add matters that were not included in the Mishna. He usually prefaced his additions by the words: “Something is missing and it should be studied as follows.”24)שבת ל״ד ב׳, ביצה ל״א ב׳, קדושין ל׳ט א׳.
The regulations which emanated from Shmuel’s academy are usually referred to as the “teachings of the house of Shmuel.” It is related that in the academy of Shmuel there was a blind scholar who knew the entire Mishna by heart and who arranged the “Boraithoth” of Shmuel.25)ביצה ט״ז ב׳.
From Shmuel’s teachings it is evident that he always sought to find more lenient interpretations of the laws even against the opinions of other scholars. Thus he ruled that in regulations to mourning the law is always according to the less strict interpretation.26)ערובין מ״ו ב׳. On another occasion when the regulations of fast days were discussed he said that the law was as Rabbi Meir said, because he believed Rabbi Meir to be the most lenient in these matters. But when he discovered that Rabban Simeon ben Gamliel was even more lenient in his interpretations, he ruled that the law was according to Rabban Simeon.27)תענית י״ח א׳.
It appears that Shmuel attempted to introduce some radical innovation in the matter of fasts when he said: “There is no other public fast in Babylonia aside from the ninth day of Ab.”28)פּסחים נ״ד ב׳. But the exact nature of the innovation is not entirely clear. It appears that he was not a believer in the merit of fasts for he said that “one who spends too much time in fasts may be called a sinner.”29)תענית י״א א׳.
Among other innovations of Shmuel mention should be made of his modifications of the Sabbatical regulations.30)שבת י״ט ב׳, כ״ב א׳, נ״א א׳. Among these he permitted lighting a fire for a woman in childbirth31)שבת קכ״ט א׳. and cooling red hot metal which may happen to lie in a public thoroughfare and thus to constitute a danger to passersby.32)שבת מ״ב א׳, זבחים צ״א ב׳.
He also ruled in regard to Passover dishes, that the law did not require the destruction of dishes used for leavened food before Passover, but such dishes could be put away during Passover and be used after the holidays. He also permitted that dishes used for cold leavened foods could be used as Passover dishes.33)פּסחים ל׳ א׳ וב׳.
Shmuel’s contemporaries did not think highly of his abilities as an expounder. He was in the habit of introducing fantastic interpretations into the Biblical verses. Although these interpretations were very interesting they bore no relation to the text which they were supposed to explain. Thus he said that the only difference between his days and the time of Messiah was the subjection to government. This was a very novel statement but it was hardly related to the verse: “The poor shall not cease from the earth”, upon which he based it.34)ברכות ל״ד ב׳, שבת ס״ג א׳.
In money matters or problems pertaining to personal rights the scholars always preferred the opinions of Shmuel to those of Rav.35)בכורות מ״ט ב׳. Thus it was also said that “he who does not agree with the opinions of Shmuel does not know the laws pertaining to damages”.36)ירושלמי קדושין פרק א׳ הלכה ו׳.
Shmuel strived to adapt Jewish laws in money matters to those of the country. This is evident from the rule which he established that “the law of the land is the law.”37)גטין י׳ ב׳. He likewise introduced the principle that the burden of the proof lay with the plaintiff.38)בבא קמא מ״ו א׳. A similar rule established by him declared that in the case of doubt concerning a debt, the doubter had to offer proof that it had not been paid.39)כתובות ע״ו ב׳.
Despite that fact that Shmuel Yarchinaa did not receive ordination from the Nasi in Palestine he is referred to in the Babylonian Talmud on numerous occasions as “Mar Shmuel” and in the Jerusalem Talmud we find him referred to as “Rabbi” on three occasions.40)פּאה פרק ד׳ הלכה ה׳, שקלים פרק ד׳ הלכה ד׳, נדרים פרק ב׳ הלכה ב׳.
When the scholars discussed the margin of profit allowed before the price of an article could be considered exorbitant and the transaction invalid, Shmuel set the margin of profit at one sixth of the price of the article.41)בבא מציעא מ׳ ב׳, בבא בתרא צ׳ ב׳.
From statements uttered by Shmuel we may conclude that he was dissatisfied with the leaders of Jewish communal life of his time and whose honesty he doubted. He therefore said that “as soon as one becomes a representative of the community he immediately acquires riches”. According to the concepts of that time, every “leader” had to come from a family bearing some taint. Shmuel explained this popular belief by saying: “Why was the rule of Saul so brief? Because his family was untainted.”42)יומא כ״ב ב׳.
In accordance with his medical convictions, Shmuel believed in frequent washing and he said: “The dust which gathers on one’s head will blind one if he does not wash frequently. The dust on garments which are not washed frequently leads to moodiness. The dust on one’s body leads to filth.”43)נדרים פ״א א׳.
Of the friendship of king Sapor (Shavour Malka) it is interesting to relate that whenever Shmuel visited the king, he would perform acrobatic feats; thus it was told that he would raise eight beakers full of wine without spilling a drop of their contents.44)סוכה נ״ג א׳.
Of Shmuel’s children it is known that one of his sons died during his father’s lifetime.45)מועד קטן י״ח א׳. Regarding the clash between Rav and Shmuel it is said that during their first meeting Shmuel invited Rav to his house and offered him indigestible food. Rav thereupon cursed him that his children should die and this curse came true with the death of Shmuel’s son.46)שבת ק״ח א׳. Of his other children there remained three beautiful daughters. Two of these were imprisoned during the wars of Rome against Babylonia and were taken to Palestine where they remained.47)כתובות כ״ג א׳. Shmuel’s third daughter was captured during an attack on the city of Nehardea and was married by a non-Jew. She later sought to convert her husband. The son which she bore him is mentioned in the Talmud as Rav Mari bar Giora and also as Rav Mari the son of Rachel, the daughter of Shmuel.48)יבמות מ״ה ב׳.
Shmuel always wanted to adapt Jewish laws to the laws of the land insofar as the former were not deeply grounded in religion. He was not always successful, however, for the other scholars failed to share his point of view. Thus the Persians held that one acquired the right of possession only after ownership over a period of forty years. Jewish law called for ownership over a period of three years only. Shmuel likewise wanted to introduce the Persian law according to which a wealthy man could appropriate the land of the poor in exchange for the taxes on the land which he paid to the government.
He questioned the principle of the need of a majority when rendering a verdict in money matters.49)בבא בתרא צ׳׳ב ב׳. He often preferred the opinions of individuals, which were not shared by the majority, when these individuals gave a strict interpretation of the law that was not in conflict with the Mishna.50)מגלה י״ח ב׳, יבמות פ״ג א׳. He was also of the opinion that customs accepted in a Jewish community carried more weight and could modify a law.51)בבא מציעא קי״ב ב׳, שבועות מ״ה א׳.
Shmuel also invalidated forced divorces in cases where there was no compulsion at the time of the marriage and where he had not done anything to justify the court in forcing him to grant a divorce to his wife.52)גטין פ״ח ב׳.
Wishing to aid the oppressed and the weak Shmuel established humanitarian laws for widows and orphans. He thus ruled that movable property which was inherited by orphans who depended on their inheritance for their sustenance, should be sold at once.53)כתובות ק׳ ב׳. He also allowed lending money that was left to orphans on interest.54)בבא מציעא ע׳ א׳.
He who registers his property in the name of his wife — Shmuel said — may afterward only manage that property. It is not to be considered that such a man deprives his children of their inheritance but rather that he wishes them to respect their mother more highly as a result of being dependent on her.55)בבא בתרא קמ״ד א׳.
A widow — Shmuel ruled — who finds some object becomes its sole owner.56)כתובות צ״ו א׳. Also when her “dowry” (״כתובה״) is about to be paid, the value of the garments she wears should not be deducted from it.57)כתובות נ״ד א׳.
At that time there was practiced in Babylonia the custom of declaring a moratorium on all debts during the Sabbatical year. The only exception to this custom were cases when instituted by Hillel the Old, allowing a creditor to transfer the lender wrote a so called ״פרוזבול״ a “declaration” the debt to a court before the Sabbatical year, so that he could collect after that time. Shmuel did not approve this custom but we have no knowledge of his plans for any reform. At first he objected to the idea that any three persons could declare themselves as a court and could write “Prosbols”. Later he objected to the principle of the “Prosbol” and said that if he could he would do away with it entirely.58)גטין ל״ו ב׳.
It is improbable, however, that Shmuel wished the Sabbatical year moratorium to be enforced in all its implications. More probably he wished that all debts contracted without any definite condition concerning the Sabbatical year should be payable after that year. But being unable to put this view into practice, he merely warned that not all courts can write a “Prosbol”. Later he more specifically declared that only the courts of Sura and Nehardea could write “Prosbols”. All of these confusing statements make it impossible to ascertain just what Shmuel sought to achieve. Thus we find two contradictory statements in this matter, both quoted by his pupil Rav Jehudah in his name. The first statement states that “if one loans money to his friend for ten years, the Sabbatical invalidates the debt”.59)מכות ג׳ א׳. Immediately after that we find the statement that “if one loans money to his friend for ten years, the debt remains valid”.60)מכות ג׳ ב׳.
One thing remains certain, that although he did not succeed in doing away with the “Prosbol” altogether, nor did he reestablish the old Biblical law concerning the moratorium of the Sabbatical year, he at least exerted an influence that henceforth the significance of the “Prosbol” was diminished. He further ruled that orphans do not need a “Prosbol” and that the Sabbatical year could not void debts owed to them.61)בבא קמא ל״ז א׳.
Like Rav he also insisted on the observance of all the moral regulations both so far as men and women were concerned. When the people of the city of Nehardea showed a certain amount of levity toward marriage ceremonies and divorces, Shmuel declared that “one who is not thoroughly acquainted with marriage ceremonies and divorce procedures must maintain no attitude toward them”.62)קדושין ו׳ א׳.
Shmuel considered marriage to be the most important moral principle of society. When he saw that people took the matter lightly because they could wed a woman with a ring worth less than a penny, he ruled that if one weds a woman even with a date, which in Babylonia is of very little value, the marriage is sanctified because a date is more valuable in other lands.63)קדושין י״ב א׳.
It is characteristic of Shmuel that he put but little trust in the chastity of women. He therefore was strict not to believe the testimony of women who had been held captive among pagans and who later declared that they had not been defiled.64)כתובות כ״ג א׳. If a bride became pregnant while still living in her father’s house even though it may have been known that the bridegroom was the father of the child, Shmuel nevertheless ruled that such a child was of doubtful parentage and that no Jew may later marry it, for a bride who could allow herself to conceive before the marriage ceremony could not be trusted as being of unquestionable conduct against other men.65)יבמות ס״ט ב׳.
In the attempt to keep men and women apart he declared that may not employ a woman servant either young or old, nor should one greet a woman in the street that she may not have to answer the greeting.66)קדושין ע׳ א׳. Even the voice of a woman he held to be sufficient to inspire evil thoughts in men.67)ברכות כ״ד א׳. He therefore ruled that a man may not remain alone with any of the 19 degrees of relatives which one is forbidden to marry according to the Torah.68)קדושין פ״א ב׳.
When Rav arranged the prayers, he was sometimes aided by Shmuel. Shmuel likewise arranged a short prayer for travellers who have not the time to recite the entire “Shmone Esre”.69)ברכות כ״ט א׳.
Shmuel was known for his great modesty. He believed that it was the modesty of Hillel that was responsible for the fact that all of his opinions were accepted by the people. He also said that the quality of modesty was also transferred to Hillel’s disciples.70)ערובין י״ג ב׳.
A like measure of modesty Shmuel exhibited toward his disciples. If one of them called his attention to a contradiction in his statements he never sought to justify the contradiction or to claim that he had been misunderstood, as some scholars were in the habit of doing; instead he admitted the correctness of the remark or he remained silent.71)ערובין ע״ד א׳. Often he opposed the opinions of Rav nevertheless he would also concede whenever Rav was correct. When a pupil once asked him whether a certain regulation pertaining to ״ערובין״ was to be practiced according to the opinion of Rav or of Shmuel, he admitted that Rav’s opinion was the right one.72)ערובין צ׳ ב׳.
At times he even tried to adapt his system to that of Rav.73)בבא מציעא ק״ז א׳. When Rav visited Shmuel and spent a Sabbath with him, Shmuel commanded the members of his household to follow all the observances of Rav.74)ערובין צ״ד א׳.
As was related above, both Rav and Shmuel had difficulties with the Nasi in Palestine regarding ordination. Rav’s objections were not so great because he did receive partial ordination. But Rav was angry that when he asked Rabban Gamliel III to grant him a full ordination, the latter said that he could grant him no more than his father did.
Shmuel, on the other hand, did not receive even a limited ordination. He also never tried to change this state of affairs. When Rabbi Jehudah N’siah I (the grandson of Rabbi Jehudah Hanasi) permitted the use of oil bought from pagans and the news of this regulation was received in Babylonia, Rav refused to abide by it. Shmuel at that time ordered him to obey it and threatened to expose him as a “dissenting elder.” (זקן ממרא)75)ירושלמי עבודה זרה פרק ב׳ הלכה ט׳.
It is probable that Shmuel was most incensed at the fact that the Jews of Babylonia had to depend upon messengers from Palestine to inform them of leap years as well as of the date of the holidays. The Jews of Babylonia had to celebrate an additional day each holiday because of this custom despite the fact that Shmuel had calculated astronomically the order of the leap years and the exact time of the holidays.
He even wrote a so called “Boraitha of the Secrets of the Leap Year”, from which anybody could reckon the time of a leap year. But this “Boraitha” was not adopted by the scholars and it was said that Aba, the father of Rabbi Simlai, once asked Shmuel a question concerning the leap year which the latter could not answer. Aba then said to him: “If you cannot answer my question, there must be many other matters concerning which you are ignorant.”76)ראש השנה כ׳ ב׳.