Takkanah - Ordinance Ascribed To Gamaliel II. and The Court of Jabneh

Ordinance Ascribed To Gamaliel II. and The Court of Jabneh

Agriculture is permitted until the first day of the Sabbatical year (Tosef., Sheb. i.).

Takkanah ascribed to the court of Jabneh: the fourth benediction in the grace after meals in memory of those who fell at Bethar (Ber. 48b).

After R. Gamaliel's death the Sanhedrin of Jabneh seems to have gone to Usha (the modern AlUs) for reasons which are no longer known, and the grounds of its takkanot are equally obscure. In view of their ethical import, however, these enactments soon became binding. They were as follows:

  1. a man must support his minor children
  2. if a man transfers his property to his sons, both he and his wife enjoy a life income from it
  3. the gift of more than one-fifth of one's property for alms is forbidden
  4. a father must deal gently with his son until the latter reaches the age of twelve; but after that age he may be severe with him
  5. after a wife's death the husband may sell the property included in her dowry
  6. one who attacks an old man must pay one pound of gold for the injury
  7. elucidation of the seven doubtful reasons through which the terumah becomes unfit for use and must be burned (Ket. 49a, 50b; Yer. Ket. iv. 28b; M. Ḳ. 17a; Yer. M. Ḳ. iii. 8; Shab. 15b)

These ordinances were enacted by the rabbis of the second generation of tannaim, Rabbi Ishmael being especially mentioned (B. B. 28b; Niddah 14b).

An ordinance is also extant which dates from the time called the period of religious persecution ("shemad"). When Hadrian issued his decree forbidding the Jews to observe their religion, the teachers, including R. Akiba, R. Tarfon, and R. Jose the Galilean, met in council and agreed that during the time of the persecution the Law might be transgressed in all respects, except as regarded the commands relating to idolatry, chastity, and morality, although this regulation was observed only superficially and only when necessary in order to deceive the Roman spies.

Three ordinances have been preserved which were promulgated by R. Jose b. Ḥalafta of Sepphoris, of the third generation of tannaim, who flourished about the middle of the 2nd century. They are as follows: (1) during a funeral the mourners must remain standing while those who console them pass by (Sanh. 19a); (2) women living in lonely places must associate with one another, so as not to attract the attention and evil desire of any man (ib.); (3) a child accompanied by its mother must not lag behind on the road, lest it come to harm (ib.).

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