History of the Jews, Vol. 3 (of 6). Graetz Heinrich
our lord, the Prince of the Exile."
The people, who were always present in great numbers on the occasion, vociferously repeated the wish. All present then accompanied the new Exilarch home from the synagogue, and presents flowed in from all sides. On the following Saturday evening there was a special festive service for the new prince. There was a platform in the shape of a tower erected for him in the synagogue. This was decked with costly ornaments that he might appear like the kings of the house of David in the Temple, on a raised seat, apart from the people. He was conducted to divine service by a numerous and honorable suite. The reader chanted the prayers with the assistance of a well-appointed choir.
When the Exilarch was seated on his high seat, the Gaon of Sora approached the Exilarch, bent the knee before him, and sat at his right hand. His colleague of Pumbeditha having made a similar obeisance, took his seat on the left. When the Law was read, they brought the scroll to the Exilarch, which was looked upon as a royal prerogative. He was also the first one called to the reading of the Law, which on ordinary occasions was the prerogative of the descendants of the house of Aaron. In order to honor him, the president of the college of Sora acted as interpreter (Meturgeman), expounding the passage that had been read.
After the Law was read, it was customary for the Prince of the Exile to deliver an address. But if the Exilarch was not learned, he delegated this duty to the Gaon of Sora. In the final prayer for the glorification of God's name (Kadish, Gloria), the name of the Exilarch was mentioned: "May this happen in the lifetime of the Prince." Thereupon followed a special blessing for him, the heads of the colleges and its members (Yekum Purkan), and the names of the countries, places and persons, far and near, that had advanced the welfare of the colleges by their contributions. A festive procession from the synagogue to the house or palace of the Exilarch, and a sumptuous repast for the officials and prominent personages, which often included state officers, formed the conclusion of this peculiar act of homage to the Exilarch.
Once a year, in the third week after the Feast of Tabernacles, a kind of court was held at the house of the Exilarch. The heads of the college, together with their colleagues, the presidents of the community, and many people besides, came to see him at Sora, probably with presents. On the following Sabbath the same ceremonial took place as at the nomination. Lectures were delivered during this court week, which was afterwards known as "the Great Assembly," or the "Feast of the Exilarch."
The Exilarch derived his income partly from certain districts and towns, and partly from irregular receipts. The districts Naharowan (east of the Tigris), Farsistan, Holwan – as far as the jurisdiction of the Exilarch extended – even during the period of decadence, brought him an income of 700 golden denarii ($1700). We can easily imagine how great his revenue must have been in palmy days. The Exilarch also had the right of imposing a compulsory tax upon the communities under his jurisdiction, and the officials of the Caliph supported him in this because they themselves had an interest in it.
The president of the college of Sora was the second in rank in the Judæo-Babylonian community. He was the only one who held the title of Gaon officially, and he had the precedence over his colleague of Pumbeditha on all occasions, even though the former were a young man and the latter an aged one. Meanwhile, the school of Pumbeditha enjoyed perfect equality and independence with respect to its internal affairs, except when one or another Exilarch, according to Oriental custom, made illegal encroachments upon it.
Next to the president came the chief judge, who discharged the judicial duties, and was, as a rule, his successor in office. Below these were seven presidents of the Assembly of Teachers, and three others who bore the title of Associate or scholar, and who together seem to have composed the Senate in a restricted sense. Then came a college of a hundred members, which was divided into two unequal bodies, one of seventy members representing the "great Synhedrion," the other of thirty forming the "smaller Synhedrion." The seventy were ordained, and consequently qualified for promotion; they bore the title of Teacher. The thirty or "smaller Synhedrion" do not seem to have been entitled to a seat and vote, they were simply candidates for the higher dignity. The members of the college generally bequeathed their offices to their sons, but the office of president was not hereditary.
This peculiarly organized council of the two colleges by degrees lost its strictly collegiate character, and acquired that of a deliberative and legislative Parliament. Twice a year, in March and September (Adar and Elul), in accordance with ancient usage, the college held a general meeting, and sat for a whole month. During this period the members occupied themselves also with theoretical questions, discussing and explaining some portion of the Talmud, which had been given out beforehand as the theme. But the attention of the meeting was principally directed to practical matters. New laws and regulations were considered and decreed, and points which had formed the subject of inquiry by foreign communities, during the preceding months, were discussed and answered. Little by little the replies to the numerous inquiries addressed to them by foreign communities on points of religion, morals, and civil law, came to occupy the greater part of the session. At the end of the session all opinions expressed by the meeting on the points submitted for their consideration were read over, signed by the president, in the name of the whole council, confirmed with the seal of the college (Chumrata), and forwarded by messenger to each community with a ceremonious form of greeting from the college. It was customary for the various congregations to accompany their inquiries with valuable presents in money. If these presents were sent specially to one of the two colleges, the other received no share; but if they were remitted without any precise directions, the Soranian school, being the more important, received two-thirds, and the remainder went to the sister-college. These presents were divided by the president among the members of the college and the students of the Talmud.
Over and above such irregular receipts, the two colleges derived a regular income from the districts which were under their jurisdiction. To Sora belonged the south of Irak, with the two important cities Wasit and Bassora, and its jurisdiction extended as far as Ophir (India or Yemen?). In later times the revenues of these countries still amounted to 1500 gold denars (about $3700). The northern communities belonged to Pumbeditha, whose jurisdiction extended as far as Khorasan.
The appointment of the judges of a district was, in all probability, the duty of the principal of the college, in conjunction with the chief judge and the seven members of the Senate-council. Each of these three heads of the Babylonian-Jewish commonwealth accordingly possessed the power of appointing the judges of his province, and the communities were thus either under the Prince of the Captivity or the Soranian Gaonate, or were dependent on the college of Pumbeditha. When a judge was appointed over a certain community he received a commission from the authorities over him. He bore the title of Dayan, and had to decide not only in civil but also in religious cases, and was therefore at the same time a rabbi. He chose from amongst the members of the community two associates (Zekenim), together with whom he formed a judicial and rabbinical tribunal. All valid deeds, marriage contracts, letters of divorce, bills of exchange, bills of sale, and deeds of gift, were also confirmed by this rabbi-judge. He was, at the same time, the notary of the community. For these various functions he received – first, a certain contribution from every independent member of the community; secondly, fees for drawing up deeds; and, thirdly, a weekly salary from the vendors of meat. The children's schools, which were in connection with the synagogue, were probably also under the supervision of this rabbi-judge.
The communal constitution in Jewish Babylonia has served as a model for the whole Jewish people, partly until the present time. At the head of the community stood a commission entrusted with the public interests, and composed of seven members, who were called Parnesé-ha-Keneset (Maintainers of the Community). A delegate of a Prince of the Captivity, or of one of the principals of the colleges, was charged with the supervision of public business, and also possessed the power of punishing refractory members. The punishments inflicted were flogging and excommunication. The latter, the invisible weapon of the Middle Ages, which changed its victims to living corpses, was, however, neither so often nor so arbitrarily exercised by the Jews as by the Christians; but even among them it fell with terrible force. Those who refused to comply with religious or official regulations, were punished with the lesser excommunication. It was mild in form, and did not entail the total isolation of the person excommunicated, and affected the members of his own family still less. But whosoever failed to repent within the given respite of thirty days, and