that from the days of Moses, to Rabban Gamaliels, they were instructed in the Law, standing. But when Rabban Gamaliel dyed, the world languisht, so that they learnt the Law, sitting. Whence also that tradition, that since the death of Rabban Gamaliel, the glory of the Law was eclipsed.
Now when it was come to that pass after Gamaliel's death, that the Disciples sate, while the Master read, how did they sit? 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 On the ground. Hence that passage, Rabh would not sit upon his bed, and read to his Scholar while he sate upon the ground. Gloss. Either both should be on the bed, or both upon the ground.
The disciples of R. Eleazar ben Shammua, askt him, how came you to this great age? He answered them, I never made the Synagogue 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 a common way. That is, he never took his passage through the Synagogue for a shorter cut. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 And I never walkt upon the heads of the Holy people. The gloss is, Upon the heads of his Disciples, sitting upon the ground.
Whether on the naked floor might be a question, if there were place for it, but we let that pass at this present. For this custom of sitting prevailed after the death of Ga∣maliel, who took the Chair many years after this, that we are now upon. The great Hillel possest the Seat at this time, or if he was newly dead, his Son Simeon succeeded him; so that it was the Disciples part in this age to stand, not to sit in the presence of their Doctors. How therefore should it be said of Christ, that he was sitting among the Doctors? let the following clause solve the difficulty.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
And asking them questions.
It was both lawful and customary for the Disciples, or any that were present, publick∣ly to enquire either of the Doctor that was then reading, or indeed the whole consisto∣ry, about any doubtful matter, wherein he was not well satisfied. Take but two stories out of many others, that may illustrate this matter.
R. Judah ordained R. Levi ben Susi, for a Doctor to the Simonians. They made him a great chair, and placed him in it. Then propounded questions to him [occasioned from Deut. XXV. 9.] 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 if the Brothers Wife should have her hands cut off, how should she loose the shooe of her Husbands Brother? 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 If she should spit blood what then? Most profound questions certainly! such as require a most cunning sophister to unriddle them.
There is a story of a certain Disciple, that came and interrogated R. Joshua 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 of what kind is Evening Prayer? He answered him, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 It is arbitrary. He came to Rabban Gamaliel, and askt him; he told him, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 It is that we are in duty bound to. How then, saith he, did R. Joshua tell me it is voluntary? saith the other, To morrow when I come into the Consistory, do thou come forth and question me about this matter. The Disciple stood forth, and askt Rabban Gamaliel [then President of the Sanhedrin] of what kind is Evening Prayer? He answers, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 It is a thing of duty▪ But behold, saith the other, R. Joshua saith it is a thing at pleasure. Saith Gamaliel to Joshua, dost thou af∣firm it to be a thing at pleasure? He saith unto him, No. Stand upon thy feet, saith the other, that they may witness against thee. Rabban Gamaliel was then sitting, and expound∣ing. (Probably this very Article.) R. Joshua stood on his feet till all the people cryed out to him. They say to R. Hotspith the Interpreter, Dismiss the people: They say to R. Ze∣non the Chazan say, Begin ye, and they said, begin thou: So all the people rose up and stood on their feet. They said unto him, Who is it thy wickedness hath not toucht? they went out streight way, and made R. Eleazar ben Azariah President of the Council. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 How many seats were there? R. Jacob ben Susi saith, fourscore seats for the disciples of the wise, beside those who stood behind the bars. R, Jose cen Bon, saith, thirty beside those that stood behind the bars. We have the same Story.
This we transcribed the larglier, not only for proof of what we said, of the Dis∣ciples asking the Doctors Questions in the Court, but that the Reader might have a lit∣tle sight of the manner of that Court, and how there were many, not only of the Disci∣ples of the wise, but others too that flockt thither.
II. We may further add: In a City where there are not two great wise men, one fit to teach and instruct in the whole Law, the other whoknows how to hear, and ask, and answer, they do not constitute a Sanhedrin, although there were a thousand Israelites there, &c. In a City, where there are not two that may speak, and one that may hear, they do not constitute a Sanhedrin. In Bitter there were three: In Jabneh four, viz. R. Eliezer, R. Joshua, R. Akibah, and Simeon the Temanite. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 He judged before them, sitting on the ground. By him who hears, they mean one skillful in the Traditions, that can propound questions, and answer every question propounded. Such an one was Simeon the Tema∣nite, who though he was a man of that learning, yet not being promoted to become one of the Elders, he sate upon the ground; that is, not on any of the benches of the Fathers