God will Pervert Justice?
by tillerofthesoil
“Rabbi Yudai was in the presence of of Rabbi Azariah son of Simlai. He asked him, ‘Righteous ones who stumble upon a sin from the Torah that invokes excision, ponder repentance, and die—does their death atone for them?’ He replied, ‘Yes, and sometimes they are punished in this world, procuring atonement.’ He saw Rabbi Yudai’s face turn sallow. He said to him, ‘Say what you would say! The Torah does not receive impurity, as is written: Is not My word like fire, says YHWH? (Jeremiah 23:29) [cf. BT Berakhot 22b]. Thoughts in your heart?’
‘The secret of YHWH is for those who revere Him, [and to them He reveals His covenant] (Psalms 25:14). Ten elders martyred by the empire on account of the sale of Joseph!
He said to him, ‘Phinehas is Elijah’ [cf. BT Bava Batra 109b; Sotah 43a: ‘(Phinehas was a descendant) of Joseph who mastered his passion.’ On Phinehas as identified with Elijah, see Targum Yerushalmi, Exodus 6:18; Numbers 25:12; BT Metsi’a 114b, and Rashi, ad loc.; Tanḥuma, Pinḥas 1; Pirqe de-Rabbi Eli’ezer 47; Zohar 1:209b; 2:190a; 3:214a, 215a, 282a (both RM)].
He replied, ‘But Rabbi Akiva did not have ancestral merit!’ [see JT Berakhot 4, 7d; BT Berakhot 27b]. He said, ‘Of the descendants of Issachar, men who knew how to interpret the signs of the times (1 Chronicles 12:33) [cf. BT Yoma 26a in the name of Rava: ‘You will not find any rabbinical scholar offering rulings unless he is a descendant from the tribe of Levi or Issachar… ‘Issachar,’ as is written: Of the descendants of Issachar, men who knew how to interpret the signs of the times, to know what Israel ought to do (1 Chronicles 12:33)’].’
He opened, saying, ‘When Jacob came in from the field in the evening, Leah went out to meet him and said, ‘You are to come to me, for שָׂכֹר שְׂכַרְתִּיךָ (sakhor sekhartikha), I have surely hired you (Genesis 30:16). שָׂכֹר (S’khar), Reward—afterward. יֵשׁ שְׂכַ (Yesh s’khar), There is reward. Yesh, There is now; afterward, lambs for the kingdom in heaven. Their bodies will remain in their places in this world, everything ultimately restored to primal form. It is written: Each according to his blessing, he blessed them (Genesis 49:28).’
Rabbi Yudai fell prostrate, and slept. In his dream, they showed him Do not let your mouth incriminate your flesh (Ecclesiastes 5:5). ‘You have entered—seal it.’ From that day on, he did not mention it. He said, ‘How precious is your love, O God, and the children of humankind shelter in the shadow of Your wings (Psalms 36:8), and their children should not speak of them—kindness of God in everything.’
Rabbi Azariah said, ‘This is certainly so, as is written: Do not touch my anointed ones (1 Chronicles 16:22); and it is written: In whose hand is the soul of every living thing and the spirit of all human flesh (Job 12:10). Concerning His concealed, hidden matters one may not speak at all, for of One who has the spirits and souls of the righteous in His hands—of hidden matters He has fashioned—one should not encroach [cf. Zohar 2:95a, 100b (both SdM)]” (Zohar Ḥadash 89c–d).
“Rabbi Yudai opened, ‘On the day שֶׁיָּזֻעוּ שֹׁמְרֵי הַבַּיִת (she-yazu’u shomerei ha-bayit), that the keepers of the house will quake (Ecclesiastes 12:3)—these are the tanna’im and amora’im who used to protect the world while in the land of Israel, וְאִזְדַּעְזְעוּן (ve-izdaze’un), now convulsed, from their posts.
‘וְהִתְעַוְּתוּ אַנְשֵׁי הֶחָיִל (Ve-hit’avvetu anshei he-ḥayil), And the men of caliber are bent (ibid.), as is said: If you know there are men of caliber among them (Genesis 46:7). [This refers to] the sin of the sons of Jacob—men of caliber—who suffered a perversion of judgment, as is said: הַאֵל יְעַוֵּת (ha-el ye’avvet), God will pervert justice (Job 8:3). They received a perversion of judgment, these men of caliber. For this is the way of the serpent—after slaying a person, it returns and bites him again, mercilessly. This is perversion of judgment!’ [cf. Midrash Mishlei 1:13: ‘still that sin lingers’; Midrash Tehillim 9:13; Elleh Ezkerah (Beit ha-Midrash, 2:64–72); ‘Ma’aseh Asarah Harugei Malkhut’ (Beit ha-Midrash, 6:19–35); Seder Eliyyahu Rabbah 28; Zohar 1:106a, 202a; 2:33a. 254b (Heikh); ZḤ 46a, 76d, 89c (last two MhN, Rut); Rabbenu Baḥya ben Asher on Genesis 38:1, 44:17; Yom Kippur Musaf liturgy].
The residents of the land of Israel sent [the exiles in Babylon] a missive: ‘It befits you to weep, like one who weeps from afar. But mourning and sobbing, and eulogizing with wailing and bitterness—that does not suit you. For you bathed your feet and did not want them sullied as before. This is as is written: I have bathed my feet, shall I sully them? (Song of Songs 5:3) [cf. Shir ha-Shirim Rabbah ad loc.: ‘I have bathed my feet—from the filth of idolatry’].
‘But we who dwell amid the serpent’s decrees—his lying ambush for us, slaying and biting daily—we see with our own eyes the perversion of judgment at work in our midst. Of those men of caliber—in their days he was silent, not pressing for judgment, for he was terrified of them and could not prevail over them. But once they passed on to that world in repentance, he arose before the blessed Holy One, clamoring for justice.
‘He scrutinized the verse One who kidnaps a man and sells him and he is found in his hands, will surely be put to death (Exodus 21:16) [see Heikhalot Rabbati (in Battei Midrashot 1:74): ‘The Quality of Judgment stood before the blessed Holy One and said, ‘Master of the World! You wrote in Your Torah: One who steals a man and sells him… (will surely be put to death) (Exodus 21:16). Now, the sons of Israel who stole their brother Joseph and sold him—what has happened to them?’ Immediately permission was granted to Samael to annihilate ten heroes in their place’].
The blessed Holy One responded to the serpent, ‘But Joseph was not a man [see Genesis 37:2].’ ‘And he is found in his hands’ [the serpent raises another claim]. ‘Look, he was not found in their hands!’ [the blessed Holy One replies that the brothers no longer had Joseph in their control]. ‘The serpent replied, ‘Should a person be found stealing a living person of his brothers, of Israel, and garner profit from him and sell him, that thief shall die [and you shall root out the evil from your midst] (Deuteronomy 24:7).’
‘For eight hundred years he stood there, demanding judgment. And we have learned that one who is convicted on two counts is sentenced to the more severe penalty. Woe to one who receives punishment for his sins, for death atones for sins! And [woe to one who] returns to receive another punishment! Woe for the perversion of the men of caliber, while Samael and the serpent were steadfast!’ [cf. Pirqei de-Rabbi Eli’ezer 38 in the name of Rabbi Yannai: ‘The tribes did not receive atonement for the sale of Joseph until they died, as is said: Then YHWH Tseva’ot revealed Himself to my ears: This iniquity shall not be purged from you until you die [‘a second death’ (Targum Yonatan)] (Isaiah 22:14)].
‘Consequently, for us it is fitting to weep and wail, for the holy city remains bereft of all its previous bounty. At that moment, Samael alighted and confounded the world. He infused this spirit into the innards of that wicked one, the Roman emperor, and called for retribution against the valiant ones of the world. Woe unto that generation! Woe unto the world! Such a miscarriage of justice has not occurred since the day the world was created.
‘Alas! Your sons—pillars of the world [cf. Proverbs 10:25; BT Yoma 38b], enduring columns upon which the world stands; You were their crown every day. How they were abused in the hands of the serpent! How were holy spirits corrupted to don foreign, alien garments to be ripped apart in abject humiliation! Woe for this event! Woe for this depravity!
‘Who was watching in the Garden of Eden when judgment was rendered above? When ten resplendent jewels, light of the entire garden, in the midst of all the trees, discarded their garments and departed! All the trees of the garden screamed, saying, ‘Woe, men of caliber have been abused!’ and the sentries at the gates of Eden trembled. Those cherubim ascended and descended, blocking any passage through which those lights might leave when they shed the luminosity of their garments. Celestial beings and lower angels screamed before them; guardians of the walls above quaked among all the legions of the heavens, weeping and wailing.
‘Who beheld Mother screeching and ululating? She descended to the cherubim, guardians of the garden’s gates, and they trembled. Mother flew off, accompanied by one cherub. ‘Then Flame of the Whirling Sword—razor sharp—pierced through the gates, and the ten luminaries fled. Celestial beings and terrestrial beings screamed, ‘Woe unto the world! Woe unto the generation!’
‘It befits us to lament, like jackals! When Mother descended and did not find them in the garden, and all the other luminaries and lamps were screaming and wailing, She began to weep and ululate. If those cherubim, guardians of the gates were weeping and wailing, breaking out in lament, is it not all the more fitting for us to weep over all this—and for the miscarriage of justice?’
They opened, saying, ‘They sent a message to Joseph, saying… ‘We beseech you, forgive, pray, the crime and the offense of your brothers for evil they have caused you. And so now, forgive, pray, the crime of the servants of your father’s God.’ And Joseph wept when they spoke to him (Genesis 50:16–17). They transgressed against him but he pardoned all, expiating their sin. Once he forgave, who can incite regarding their offense? This is the meaning of the men of caliber were degraded (Ecclesiastes 12:3). Gross miscarriage of justice—foisted upon those men of caliber. Woe unto us! Who will have compassion upon us? Who will speak to our hearts? Who will comfort us?
‘What a huge distortion of justice! On account of Mother’s banishment, Her flight, drifting away—this made perversion of justice possible. Left alone was the one who prosecuted us, with no one to fend him off nor to offer a defense on our behalf. On account of this, all Mother’s adornments were handed over to this one. For if Mother had been there, She would have gone beyond the letter of the law on their behalf [cf. BT Berakhot 7a]. For this She weeps.
‘For this She wails over Her children, for they were slaughtered in vain, and She was absent from their trials. The serpent executed his wishes against them, as is written: For your crimes, your mother was sent away (Isaiah 50:1). Sent away—so that She would not be available for your trials. Alas! She sits alone (Lamentations 1:1). At that time, She should have been taking up the case of Her children, and on Her account the decree would have been nullified.
‘When those ten jewels left the Garden of Eden to don foreign garments, all the garments, save one, were handed over to the serpent. This is as is written: Reuben returned to the pit (Genesis 37:29). Since he had counseled to put [Joseph] in the pit, he was associated with the pit, and was saved. [This is related to] the capture of Rabbi Eli’ezer” (Zohar Ḥadash 93b–d).
“When the blessed Holy One created the trees, they were proud of their stature and elevated themselves. Yet, when the blessed Holy One created iron, their pride fell. Humbling themselves, they said, ‘Woe to us for the blessed Holy One has created something that can cut us down.’
Similarly, after the destruction of the Second Temple, the people of Israel had great comfort in that the world of Torah flourished and thrived. Holy Tanna’im and righteous ones stood for the people of Israel, until the people said: ‘What have we lost with the destruction of the Temple? Look, there are disciples of the Sages among us who conduct the world with Torah and mitsvot!
Then a decree was decreed by the blessed Holy One over ten righteous ones, holy martyrs, to be killed at the hand of the government. And with this they all greatly felt the bitter misery of exile and the destruction in which we lost so dearly. Therefore, when we mourn the destruction of the Temple, we also mention this harsh decree, which cannot be separated from the misery of exile and the destruction of the Temple” (Asarah Harugei Malkhut).
“These I remember, and I pour out my soul within me, for evil ones have swallowed us, like cake not yet turned—when during the Caesar’s rule there was no deliverance for the ten martyrs of that empire.
Whilst the ruler studied our holy books from [sages] likened to heaps of grain, considering and discerning our written tradition, he happened to open at And these are the laws (Exodus 21:1), and devised an evil plan as he read, And he who kidnaps a man and sells him or he is found in his hands is doomed to die (ibid., 16).
We have sinned, our Rock; forgive us our Maker.
The heart of this wicked idol worshipper grew haughty; he ordered that his palace be filled with shoes, and summoned ten great sages with profound knowledge of the law and its reasoning.
He declared: ‘Judge this case with precision—do not pervert it by making false statements, but bring true justice to light: what is the verdict Should a man be found stealing a living person of his brothers, of the Israelites, and garner profit from him and sell him (Deuteronomy 24:7)?’
We have sinned, our Rock; forgive us our Maker.
When they answered: ‘That thief shall die (ibid.),’ he said: ‘Then your ancestors, who sold their brother, trading him with a traveling company of Ishmaelites, handing him over for the mere price of shoes? [see Genesis 37:28; Amos 2:6, 8:6].
‘As for you—submit to the judgment of Heaven, for since the days of those ancestors, there have been none like you; if they were still alive, I would judge them instead, but now, you shall bear their sins.’
We have sinned, our Rock; forgive us our Maker.
They replied: ‘Give us three days, that we may ascertain whether this has been ordained from on high, and if we are indeed liable and guilty, we will endure the decree of the All-Merciful One.’
They all shook, shuddered, trembled, turning their eyes to Rabbi Yishma’el, the High Priest, that he should invoke the holy name and rise up to the Master above to discover whether the decree had been issued by their God.
We have sinned, our Rock; forgive us our Maker.
Rabbi Yishma’el purified himself, invoking the holy name with trepidation, and ascending on high, he asked [the angel Gabriel,] the man clothed in linen, who said to him: ‘You must accept this, my righteous, beloved ones—for I have heard from behind the curtain that you have been ensnared.’
He descended and relayed the word of God to his companions, and the wicked one commanded that they be slain with force and brutality, and the first two to be taken iyt were the great ones of Israel, Rabbi Yishma’el the High Priest and Rabban Shim’on son of Gamliel, Prince of Israel.
We have sinned, our Rock; forgive us our Maker.
[Rabbi Yishma’el] begged profusely of him to be beheaded first, saying: ‘Kill me first, let me not see the death of this devoted servant of the One who dwells in His earthly abode!’ The cruel viper ordered that lots be drawn, and the lot fell upon Rabban Shim’on.
They hastened to spill his blood like a bullock offered up, and when his head was severed, [Rabbi Yishma’el] seized it and wailed over him bitterly, in a voice like a shafar: ‘What has become of the tongue which so diligently taught fine words? How, through our sins, is it licking the dust?’ [cf. Zohar Ḥadash 76d].
We have sinned, our Rock; forgive us our Maker.
He cried over him profusely, trembling; the wicked one’s daughter rose at the sound of his weeping—she longed in her heart for his comely features (Genesis 39:6), and asked of her father to let him live.
The evil one refused to allow this to be done so she asked of him that his skin be flayed from his face and he did so without delay—when they reached the place of tefillin, [Rabbi Yishma’el] screamed out bitterly to the Maker of his soul.
We have sinned, our Rock; forgive us our Maker.
The angels of heaven cried out bitterly” ‘Is this the Torah and this its reward—O God who dons light as His garment? The enemy spurns Your great, awesome name, and casts reproach and blasphemy upon words of Torah!’
An echo called out from the heavens: ‘If I hear another sound, I will turn the world back into water, God’s footstool to welter and waste (Genesis 1:2); this is My decree—accept it, you who delight in the Law that preceded creation by two thousand years.’
We have sinned, our Rock; forgive us our Maker.
Leaders who would sit until late in the houses of prayer were slain, those filled with merit like a pomegranate’s seeds, or blood in the altar’s corners; and they [the Romans] took out Rabbi Akiva who would interpret the very crowns of the letters, and combed his flesh with double-edged combs [cf. JT Berakhot 9:5; Sotah 5:5; and BT Berakhot 61a].
The ruler commanded that Rabbi Ḥananya son of Teradyon be taken out from his house of study, and they burned his body with bundles of twigs, putting moistened pads of wool on his heart to prolong his agony—and when they had been consumed, he was burned with his Torah scroll [cf. BT Avodah Zarah 18a].
We have sinned, our Rock; forgive us our Maker.
Lament, holy nation, never widowed of its God, for they were murdered and their blood split for meager cause, to sanctify the name of God in heaven, they gave their souls—as when they murdered Rabbi Ḥutspit the Interpreter [cf. BT Qiddushin 39b].
A tremor shall seize all who hear of this, and every eye shall pour tears—all delight was turned to mourning when they murdered Rabbi El’azar son of Shamua.
We have sinned, our Rock; forgive us our Maker.
My enemies and my persecutors destroyed me and filled their bellies with my delicacies; they made me drink poisoned water and wormwood—when they murdered Rabbi Ḥanina son of Ḥakhinai.
They pressed upon us to transgress the mitsvot and refused expiation or ransom, insisting upon taking the lives of those who spoke fine words of Torah—such as Rabbi Yeshevav the Scribe.
We have sinned, our Rock; forgive us our Maker.
They fall on us, those profligate, empty descendants [of Edom]; they have done more evil to us than any kingdom on earth. killing so many among us—as when they murdered Rabbi Yehudah son of Dama.
You said that the house of Jacob shall be like a fire and the house of Joseph a flame, but instead [Esau, likened to] straw has extinguished that flame! O Living God, lay our enemies low that day [when Your flame shall come to consume all evil], for they have conspired to kill ten righteous men—with Rabbi Yehudah son of Bava among them [cf. BT Sanhedrin 14a].
We have sinned, our Rock; forgive us our Maker.
All this befell us—we have told it, repeatedly, pouring out our crushed, mournful hearts; listen to our supplications from heaven above, YHWH, YHWH! A compassionate and gracious God (Exodus 34:6).
O Gracious One, look down from Your heights, see the spilled blood of the righteous, their vital essence, from Your concealed place behold this and remove the stains of sin, God, King, who sits upon a Throne of Mercy.
We have sinned, our Rock; forgive us our Maker” (Elleh Ezkerah).
“Rabbi Yose said, ‘With this י (yod) Joseph sinned, as is written, Yet firm remained his bow, his arms ever-moving (Genesis 49:24). What is ever-moving? He discharged a drop—which is י (yod)—from between his fingers, and it split up into ten sparks, shot from the bow, which is covenant. Where did they get discharged? Into the ten martyrs of the empire.’ [Rabbi El’azar] replied, ‘But I hear that the ten martyrs were the sons of Jacob!’ He said, ‘Perish the thought! Rather they had their appearance.’ He replied, ‘Who caused them to be discharged there? He said, ‘It was on account of the image of his father—who had the image of Primal Adam—who appeared there. This caused them to be discharged there, and he dug his fingernails into the ground. Then he fled, so that they were not ejaculated into that harlot.’ For if the image of his father had not been displayed before him, this discharge would not have occurred… Thus it was not a transgression, but rather beneficial…” (Tiqqunei ha-Zohar 69, 110a [Hecker translation]).
In rabbinic literature Joseph is granted the title Righteous in recognition of resisting the sexual advances of Potiphar’s wife, see Genesis 39; BT Yoma 35b; Bereshit Rabbah 93:7; Pesiqta de-Rav Kahana, nispahim, 460; cf. Tanḥuma, Bereshit 5 and Pirqei de-Rabbi Eli’ezer 38, which both cite Amos 2:6.
“Rav Yosef son of Rabbi Yehoshu’a son of Levi, חֲלַשׁ וְאִיתְנְגִיד (ḥalash ve-itnegid), he became woozy. When he came round his father said to him, ‘What did you see?’ He said, ‘I saw a world הָפוּךְ (hafukh), upside down—those who are superior, below; those who are inferior, above.’ He said to him, ‘My son, you saw a clear world. And where are we there?’ [He said to him:] ‘Just as we are here, so are we there.’ And I heard them saying, ‘Happy is he who comes here with his learning in his hand.’ And I also heard them saying, ‘Those martyred by the government, no man can stand within their barrier [they occupy such an exalted position in the next world that they are unapproachable].’ Who are these [martyrs]? If you say, Rabbi Akiva and his companions is it because they were martyrs of the government and nothing more? [i.e., surely they had other claims to eminence too!]. Rather [he meant] the martyrs of Lydda [two brothers, Lulianus and Papus, who took upon themselves the guilt for the death of the emperor’s daughter, so as to save the people as a whole, see BT Ta’anit 18b]” (BT Pesaḥim 50a).
“Rabbi Yishma’el said: That day was the fifth day of the week when there came abysmal tidings from the great city of Rome saying: ‘Four men from among the mighty of Israel have been seized—Rabban Shim’on son of Gamliel, and Rabbi Yishma’el son of Elisha, and Rabbi El’azar son of Dama, and Rabbi Yehudah son of Bava; and eight thousand disciples from Jerusalem shall be their ransom.’
And when Rabbi Neḥunyah son of ha-Qannah saw this decree, he caused me at once to descend to the Merkavah and I questioned Surya the Prince of the Presence. And he said to me: ‘Ten men did the heavenly court of justice write down, and gave them to Samael the wicked, the emperor of Rome, saying: ‘Go out and destroy from the mighty of Israel every good member, thigh and shoulder, to fulfill the decree One who kidnaps a man and sells him and he is found in his hands, will surely be put to death (Exodus 21:16). And the sons of Jacob stole Joseph their brother and sold him, what shall be done concerning them? At once was the authority given to Samael to destroy ten of the mighty in their stead, in order to fulfill the decree. And a vengeance to be avenged upon him is laid up against him until the time shall come when YHWH shall punish the army of the exalted ones that are on high, [and the kings of the earth upon the earth] (Isaiah 24:21), for he shall be cut down and cast upon the earth, one and all the princes of the kingdoms in the height, as the goats and sheep of the Day of Atonement.’
Rabbi Yishma’el said: All these warnings and all these conditions were made known to and laid upon Samael the wicked, and he said, ‘I have taken all upon me provided only that ten of the mighty shall be destroyed, that is to say: Rabbi Akiva son of Yosef, and Rabbi Yehudah son of Bava, and Rabbi Yeshevav the Scribe, and Rabbi Ḥananya son of Teradyon, Rabbi Ḥutspit the Interpreter, Rabbi El’azar son of Shamua, Rabbi Ḥanina son of Ḥakhinai, Rabbi Yishma’el son of Elisha, Rabban Shim’on son of Gamliel, Rabbi Eli’ezer son of Dama.’
Rabbi Yishma’el said: What then did Zoharari’el the Lord God of Israel say? Because of the wrath with which He was filled against Samael as having taken upon him all those conditions, [His patience] did not then suffice Him that He should say to the scribe: ‘Write decrees of punishment and great plagues, strong and harsh and fearful and terrible, heavy and disgraceful against the wicked city, Rome.’ Rather, at once He Himself took paper and wrote upon the paper. And thus He wrote against the day of vengeance which is destined and laid up for the wicked city, Rome. ‘One cloud shall come up and stand above Rome six months and pour down a running sore upon man and upon beast and upon the silver and upon the gold and upon all the fruit and upon all kinds of metals. And thereafter shall another cloud come up and drive away its fellow and stand in its place six months and pour down a scaly affliction and scab and pox and all manner of scales whatsoever upon the wicked city Rome, until the time shall come when a man shall say to his fellow, ‘Behold, the wicked city Rome, she and all that which is in her, are yours for one denar,’ and he shall say to him, ‘I do not want her’” (Heikhalot Rabbati 5, §107–§110).
“Contrary to the accounts given in the Talmud and in Midrash Rabbah (BT Avodah Zarah 17b, 18a; Berakhot 61b; Sanhedrin 14a; Eikhah Rabbah 2:2; Mishlei Rabbah 1:13), which clearly state that there were intervals between the executions of the ten teachers, the Midrash Asarah Haruge Malkhut [on which Elleh Ezkerah is based]… describes their martyrdom as occurring on the same day” (Jewish Encyclopedia, “The Ten Martyrs”).
“Elijah, may he be remembered for good, arose and fled from the land of Israel, and he went to Mount Horeb, as is said, And he rose and ate and drank [and walked in the strength of that eating forty days and forty nights as far as the mountain of God, Horeb] (1 Kings 19:8). There the blessed Holy One was revealed to him, and He said to him: ‘What are you doing here, Elijah?’ (ibid., 9). He answered Him, saying: I have been very zealous [for YWHW God of Armies, for the Israelites have forsaken Your covenant…] (ibid., 10). [The blessed Holy One] He, said to him: ‘You are always zealous! You are zealous in Shittim on account of the immorality [see Numbers 25:1–9]. Because it is said, Phinehas son of Eleazar son of Aaron the priest turned away My wrath from the Israelites when he zealously acted for My zeal in their midst (Numbers 25:11). Here too you are zealous. By your life! They shall not observe the covenant of circumcision until you see it [done] with your eyes.
Hence the sages instituted [the custom] that people should have a seat of honor for the Messenger of the Covenant; for Elijah, may he be remembered for good, is called the Messenger of the Covenant, as is said, Even the messenger of the covenant, whom you delight in: behold, he shall come, [says YHWH of Armies] (Malachi 3:1)” (Pirqe de-Rabbi Eli’ezer 47).
“Rav Ammi said: There is no death without offence, and there is no suffering without crime. There is no death without offence, as is written, The person that offends, he shall die. The son shall not bear the crime of the father, neither shall the father bear the crime of the son: the righteousness of the righteous shall be upon him, and the wickedness of the wicked shall be upon him (Ezekiel 18:20). There is no suffering without crime, as is written, I will requite their crime with the rod, and with plagues, their wrongdoing (Psalms 89:33).
An objection is raised: The ministering angels asked the blessed Holy One: ‘Master of the Universe! Why did You impose the penalty of death upon Adam?’ He said to them, I gave him an easy command, yet he violated it.’ ‘But Moses and Aaron fulfilled the whole Torah, yet they died’ they replied. He said, As all have a single fate, the righteous and the wicked, the good [and the bad, and the clean and the unclean, and he who offers sacrifice and he who does not sacrifice, the good and the offender, he who vows and he who fears the vow. This is the evil in all that is done under the sun, for all have a single fate…] (Ecclesiastes 9:2–3)—He maintains as the following Tanna. For it was taught: Rabbi Shim’on son of El’azar said: Moses and Aaron too died through their offence, as is said, Inasmuch as you did not trust Me [to sanctify Me before the eyes of the Israelites, even so you shall not bring this assembly to the land that I have given to them] (Numbers 20:12). Had you trusted in Me, your time had not yet come to depart from the world.
An objection is raised: Four died through the incitement of the serpent, namely: Benjamin the son of Jacob, Amram the father of Moses, Jesse the father of David, and Chileab the son of David. Now, all are known by tradition, except Jesse the father of David, in whose case there is an explicit verse. As is written, And Absalom had placed Amasa instead of Joab over the army, and Amasa was the son of a man named Ithra the Israelite, who had come to bed with Abigail daughter of נָחָשׁ (naḥash), Nahash, sister of Zeruiah, Joab’s mother (2 Samuel 17:25). Now, was she the daughter of Nahash? Surely she was the daughter of Jesse, as is written, [And Jesse begat his firstborn Eliab, and Abinadab the second, and Shimea the third, Nethanel the fourth, Raddai the fifth. Ozem the sixth, David the seventh:] Whose sisters were Zeruiah, and Abigail (1 Chronicles 2:13–17)? Hence it must mean, the daughter of one who died through the incitement of הַנָּחָשׁ (ha-naḥash), the serpent (Genesis 3:1). Who is [the author of this barraita]? Shall we say, the Tanna [who taught] about the ministering angels? Surely there were Moses and Aaron too! Hence it must surely be Rabbi Simeon son of El’azar, which proves that there is death without offence and suffering without crime. Thus the refutation of Rav Ammi is [indeed] a refutation” (BT Shabbat 55a–b).
“Rabbi Yeisa said, ‘At the moment he departs from the world, every inhabitant of the world sees Adam to bear witness that due to his own sins he is departing, not because of Adam—except for those three who departed due to the incitement of the primordial serpent, namely, Amram, Levi, and Benjamin; some say: also Jesse. They never sinned; no trace of a sin could be found upon them to warrant their death, but that incitement of the serpent was brought to bear upon them, as we have said” (Zohar 1:57b).
Far be it from You to do such a thing, to put to death the innocent with the guilty, making innocent and guilty the same. Far be from You! Will not the Judge of all the earth do justice? (Genesis 18:24–25).
“And what is the import of the expression הַשָׂטָן (ha-satan), ‘the adversary?’ The adversary is מֻטֶּה (mutteh), perversion of justice (Ezekiel 9:9)—he מִטָּה (mittah), skews, the world toward the scale of liability. How do we know? It is written, And he turned aside to her (Genesis 38:16), and the Targum renders this וּסְטָא (u-seta), and he turned aside. It is also written, שְׂטֵה (Seteh), turn away, from it and pass on (Proverbs 4:15)” (Bahir §164).
The portent that Habakkuk the prophet saw in a vision. How long, O YHWH, shall I cry out, yet You do not listen? I scream חָמָס (ḥamas), “outrage,” to You, and You do not rescue! Why do You show me mischief, and You look upon wretchedness? Plunder and outrage are before me, quarrel and contention I bear. Therefore teaching fails, and justice never comes forth. For the wicked surrounds the righteous. Therefore perverted justice comes forth (Habakkuk 1:1–5, cf. Midrash Tehilim 90:7 ad loc.).
“All of us, it is true, have mortal bodies, composed of perishable matter, but the soul lives for ever, immortal: it is a portion of the Deity housed in our bodies. . . . [the souls of those] who depart this life in accordance with the law of nature . . . remaining spotless and obedient, are allotted the most holy place in heaven, whence, in the revolution of the ages, they return to find in chaste bodies a new habitation. [But] those who have laid mad hands upon themselves, the darker regions of the nether world receive their souls, and God, their father, visits upon their posterity the outrageous acts of the parents….
As the aeons complete a full circle, they are again housed in holy bodies” (Josephus, Jewish War 3:372, 374)—whether Josephus is referring to revival of the dead, or transmigration is an open question.
“Now, I deem it proper to append to these observations a reference to the point of disagreement existing among those who differ about the nature of the substance of הַנֶפֶשׁ (ha-nefesh), the essential being, and who have expressed themselves in regard to its fate after death. For I find those who assert that it is a material thing of airy or fiery substance and most of those who affirm that it is an accident all maintain that רוּחַ (ruaḥ), a spirit, decomposes and disintegrates and disappears. Those, again, who are of the opinion that it is derived from spiritual beings, or from two principles existing since eternity, maintain unanimously that the spirit returns after death to the source from which it originated. However, I have already demonstrated the untenability of all these theories and refuted them.
Yet, I must say that I have found certain people, who call themselves Jews [likely the Ananites], professing [a belief in what] they call הַהַעְתָּקָה (ha-ha’taqah), transmigration [cf. Genesis 12:8: וַיַּעְתֵּק (Va-ya’teq), and he pulled up his stakes, from there for the high country… and pitched his tent… and journeyed onward by stages]. What they mean thereby is that the spirit of Reuven is returned to Shim’on and afterwards to Levi and after that to Yehudah. Many of them would go so far as to assert that the spirit of a human being might enter into the body of a beast or that of a beast into the body of a human being, and other such nonsense and stupidities [as did Pythagoras].
Now, I have studied the considerations which, they maintain, led them to accept this doctrine, and found that they consisted of four mistaken premises, which I deem it proper to list now and refute. The first is that they adhere to the theory of the spiritualists and the three other theories, or they are unaware of the fact that the advocates of transmigration have derived it from the theory of הַשְׁנִיִּים (ha-sheniyyim), the dualists, and הַרוּחָנִיּים (ha-ruhaniyyim), the spiritualists. However, the arguments against all these views have already been set fourth and noted by me.
The second basis of their conclusion is that they observed the traits of many human beings and found them to resemble those of the beasts [as did Pythagoras]—people who were gentle like sheep, and others who were violent like wild animals, and such as were malicious and contemptible like dogs, and others, again, who were flighty like birds, and so fort. These observations provided support for their view that the aforementioned traits were acquired by the people in question by virtue of their possessing the spirits of the respective beasts.
This in itself, however, indicates how very foolish they are. For they take it for granted that the body of man is capable of transforming the essence of the spirit so as to make of her a human spirit after having been the spirit of a beast. They assume, furthermore, that the spirit itself is capable of transforming the essence of the human body to the point of endowing it with the traits of the beasts even though its form be that of men. It was not sufficient for them, then, that they attributed to the soul variable nature by not assigning to it an intrinsic essence, but they contradicted themselves when they declared the soul capable of transforming and changing the soul. But such reasoning is a deviation from logic.
The third is in the form of a logical argument. They say: Inasmuch as the Creator is just, it is inconceivable that He should occasion suffering to little children, unless it be for sins committed by their souls during the time that they were lodged in their former bodies. This view is, however, subject to numerous refutations. The first is that they have forgotten what we have mentioned on the subject of compensation in the hereafter for misfortunes experienced in this world. Furthermore we should like to ask them what they conceive the original status of the spirit to be—we mean its status when it is first created. Is it charged by its Master with any obligation to obey Him or not? If they allege that it is not so charged, then there can be no punishments for it either, since it was not so charged, then there can be no punishments for it either, since it was not charged with any obligations to begin with. If, on the other hand, they acknowledge the imposition of such a charge, in which case obedience or disobedience did not apply to the soul theretofore, they thereby admit that God charges His servants with obligations on account of the future and not at all on account of the past. But then they return to our theory of compensation and are forced to give up their insistence on the view that man’s suffering in this world is due solely to his conduct in a previous existence.
The fourth is their depending on faulty interpretations of the Bible. Of these I consider it appropriate to mention a few examples. As one of these I might cite the statement made by Moses, peace be upon him: But with him who is here standing with us this day before YHWH our God and with him who is not here with us this day (Deuteronomy 29:14). This, they say, proves that the spirits of the latest generations were identical with those of the earliest, wherefore those present and those absent were one and the same. However, the simple meaning of that verse negates their viewpoint, because it states explicitly that he who is present is someone else than he who is absent. Its import, in short, is that those to whom the message of Moses has come by tradition are just as much obliged to accept it as those that were present to receive it.
Another instance of misinterpretation is that of: Happy the man who has not walked in the wicked’s counsel (Psalms 1:1). They say, namely, that the fact that Scripture uses the expression has not walked and not that of will not walk indicates to us that the punishment is meted out for evil done by nefesho, his life, in the past while it was in its first body. But this is a grave error on their part, because Scripture can decree that the person in question will be happy only after has not walked. It cannot do so before he will not walk. The plain sense of the verse, therefore, refutes their view.
Furthermore, if it were as they say, then reward would be conferrable only for future good deeds, not for those of the past, by reason of the fact that the expression used by Scripture in the next verse is His teaching he shall murmur [day and night] (ibid., 2) and not that of has murmured, by the same token that they concluded that punishments are meted out for past evils and not those of the future from the fact that the phraseology employed by Scripture is: Happy the man who has not walked… and not that will not walk.
Another verse that has been misinterpreted by them is: [… to seize the earth’s corners, that the wicked be shaken from it?] It turns like sealing clay, takes color like a garment (Job 38:13–14). It is about the earth that the assertion is made that it is transformed by virtue of the misfortunes, due to the wicked, like clay under the seal, and that they cling to it as though they were its garment, unable to be stripped off from it until God’s sentence concerning them has been executed.
A further misunderstanding on their part is that applying to the remark of the devout one: נַפְשִׁי יְשׁוֹבֵב (Nafshi yeshovev), My life He brings back (Psalms 23:3). They thought, namely, that this implied a shuttling from body to body, not recalling, ignoramuses that they are, that it referred to relaxation and rest and repose of the soul from the excitement experienced by it, not to a restoration after its departure from a body. The meaning of the expression in the language of our early ancestors is quite clear and evident. Thus they said of Samson, when he was thirsty and his Master gave him water to drink: And his spirit returned and he revived (Judges 15:19), although it had actually never departed from him. Similarly they said of the Egyptian who was hungry and who was fed by David, peace be upon him, [And they gave him a slice of pressed figs and two raisin cakes. And he ate,] and רוּחוֹ (ruaḥo), his spirits, revived (1 Samuel 30:12). Again Scripture says of the faithful messenger: [Like the chill of snow on a harvest day,] a faithful messenger to his senders, he revives his master’s spirits (Proverbs 25:13). It also says of Torah: YHWH teaching is perfect, restoring to life (Psalms 19:8). I would have been cautious of discussing the error of their belief and guarded against discoursing about its worthlessness were it not that I was afraid of the bad influence.
Lastly their quotation of: [And He said to me: ‘Prophesy to the wind, prophesy, man, and say to the wind, “Thus said the Master, YHWH:] From the four winds, come, wind, and blow into these slain that they may live”’ (Ezekiel 37:9). I ask, however: What is there in this that points conclusively to transmigration? The only reason this thought has been expressed as it is here is that the winds have their fixed abode in the upper and lower regions. In whichever of these two sides they might be, therefore—they must come forward when their Master calls them. This is also borne out by the saying of the devout one: Call out and I shall answer you, for the work of Your hand You should yearn (Job 14:15). The sixth treatise has hereby been completed” (Sa’adia Gaon, Kitāb al-Amanāt wal-I‘Tiqadāt, 6:8).