Shmuel (the Amora)

Introduction: The Historical Figure of Shmuel Through the Lens of the Transition to Babylonia

Shmuel bar Abba bar Abba, known in the Talmudic sources as "Mar Shmuel" or as "Shmuel Yarchina'ah" ^[1], was active in the first half of the third century CE (c. 165–257) and was one of the greatest Amoraim of the first generation in Babylonia.^[1] This period was marked by an enormous geopolitical and cultural transformation in the Jewish world: the gradual decline of the center in the Land of Israel after the redaction of the Mishnah, and the rise of Babylonian Jewry as the dominant Torah center in the Diaspora.^[2] Shmuel, together with his colleague and disputant Rav, was the chief architect of this transition.^[1] Through a rare combination of comprehensive Torah greatness, a penetrating understanding of civil law, exceptional scientific expertise in medicine and astronomy, and judicious diplomatic management vis-à-vis the new Sasanian kingdom, Shmuel established the spiritual and legal infrastructure that enabled the Jewish community in Babylonia to flourish independently for hundreds of years.^{[1, 3]}

Biography, Roots and Spiritual Growth Between the Two Centers

Shmuel was born in Nehardea to a distinguished priestly family.^[1] His father, known in the Talmud by the epithet "Avuha di-Shmuel" (Shmuel's father) ^{[1, 3]}, was an exemplary figure and a prominent Torah scholar who deeply influenced the shaping of his son's economic and halakhic personality. The relationship between the two was marked by exceptional mutual admiration. Shmuel said of himself that in relation to his father he was considered "vinegar, son of wine" with regard to economic caution and the management of property; whereas his father used to survey and inspect his property and lands twice a day in order to prevent losses, Shmuel did so only once a day.^[3] Nevertheless, Shmuel translated this practice into a broader practical rule, determining that a person who surveys his property every day will find a valuable coin (an "istira") ^[3], an expression that demonstrates his inclination toward practical and realistic thinking.

In order to complete his Talmudic learning, Shmuel went up to the Land of Israel and studied with Rabbi Yehuda HaNasi (Rabbi).^{[3, 4]} During his stay there, his greatness in Torah was combined with his medical expertise, and he served as Rabbi's personal physician.^[1] Despite Rabbi's immense esteem for Shmuel and his efforts to ordain him with the title "Rabbi," formal ordination was withheld from Shmuel because of technical circumstances and various delays, such as the inability of the sages to convene at the appointed time or for lack of time.^[1] Despite the absence of formal ordination, Shmuel returned to Babylonia even before Rav's return, and lived many years after Rav's death, which allowed him to lead Babylonian Jewry over a long period and to shape its character by his own powers.^[3]

The Nehardea Yeshiva: Founding, Leadership and the Splitting of the Torah Center

Upon his return to Babylonia, Shmuel turned to his native town of Nehardea and founded the Nehardea yeshiva there.^{[2, 3]} This yeshiva, together with the Sura yeshiva founded by Rav, opened a new era in the history of the Jewish people.^[2] The yeshivot in Babylonia were not merely closed study halls, but served as governmental, halakhic and judicial institutions that managed the daily lives of thousands of students and citizens. After Rav's death, many students moved from the Sura yeshiva to Nehardea, and established Shmuel as the undisputed authority of the generation.^[2]

At the Nehardea yeshiva special customs developed that attest to an extraordinary respect for the sages of the Land of Israel. When a guest arrived from the Land of Israel, he was honored with delivering the main lecture in the presence of the head of the yeshiva and the students, after which a lively and stormy discussion developed in which the students challenged the guest with penetrating scholarly questions.^[2]

Further evidence of the complex structure of authority in Babylonia emerges from the relationship between Shmuel and the Exilarch, Mar Ukva.^[3] Mar Ukva held political and judicial authority on behalf of the kingdom, while Shmuel held the supreme Torah authority. During joint study, Mar Ukva sat before Shmuel at a distance of four cubits as a sign of respect for Shmuel's Torah; but when they sat in judgment, the roles were reversed, and Shmuel sat before Mar Ukva at a distance of four cubits in order to pay respect to the public judicial authority of the Exilarch.^[3]

After Shmuel's death, a political crisis struck Nehardea and the yeshiva split.^[2] The original yeshiva, headed by Rav Huna (the foremost disciple of Rav), moved to Sura, while another disciple of Rav and Shmuel, Rav Yehuda, established the famous Pumbedita yeshiva.^[2] Despite the split, the traditions and study methods of Nehardea continued to resonate throughout the generations of the Amoraim, as expressed in the activity of later sages from Nehardea such as Rav Shimi, Rav Dimi, Rav Zevid and Ameimar.^[2]

The Halakhic Dialectic Between Rav and Shmuel and the Rulings in Monetary Law

The disputes between Rav and Shmuel span all areas of the Talmud and constitute the backbone of the Babylonian Talmud.^[1] In order to regulate the halakhic codification, the famous Talmudic rule was established: "The halakha follows Rav in ritual prohibitions, and Shmuel in civil law" (hilkheta ke-Rav be-issurei, u-khi-Shmuel be-dinei).^[5] That is, in matters concerning the forbidden and the permitted, the halakha follows Rav, whereas in monetary and civil law, the halakha follows Shmuel.^{[5, 6]}

The Editorial Strategy of the "Rav and Shmuel" Disputes

Behind the rule "the halakha follows Shmuel in civil law" lies a deep insight into the way the Babylonian Talmud was edited by the Savoraim and the Geonim.^[6] An analysis of the sugyot shows that in cases where the majority view or legal logic tended to rule according to Rav precisely in monetary law, the editors deliberately refrained from presenting the matter as a direct and formal dispute between Rav and Shmuel.^[6] Instead, they formulated the halakha anonymously ("stam") or presented it as an independent ad hoc ruling.^[6] This strategic aim was intended to preserve the consistency and practical usefulness of the sweeping rule that "the halakha follows Shmuel in civil law" for the decisors of later generations, without creating a cumbersome system of exceptions.^[6]

In addition, there are a few exceptions in the realm of prohibitions in which the halakha was decided according to Shmuel against Rav, such as the three cases listed by Abaye in tractate Shabbat.^[5] Likewise, in certain areas the halakha was determined according to the custom of geographical localities: in Babylonia and its environs they followed Rav, whereas in Nehardea and its environs they followed Shmuel, as attested by the later ruling of Rav Nachman.^[7]

Key Sugyot and Principled Rulings of Shmuel

Shmuel's teaching is characterized by realism, intellectual openness and a striving for social welfare. This can be seen through three central rulings illustrated in the following table:

Political Theory and Political Realism: "Dina de-Malkhuta Dina"

Shmuel's most revolutionary legal and political contribution is the establishment of the fundamental rule: "dina de-malkhuta dina" (the law of the kingdom is the law).^[8] This rule grants binding halakhic validity to the laws of the state in which Jews live, even when these laws differ from the original Jewish law.^[8]

The Historical Background and Sasanian Ideology

The rule appears in four sugyot of the Babylonian Talmud in Shmuel's name.^[8] The historical background of this ruling lies in the rise of the Sasanian dynasty in Persia and in the strong ties of friendship that Shmuel developed with King Shabur Malka (Shapur I).^{[3, 8]} The Sasanian kingdom presented a developed, cultured and organized legal system, which enabled Shmuel to recognize its laws as just and upright laws ("din") and not as arbitrary robbery.^[8] Shmuel held a realistic political conception according to which cooperation with and loyalty to the central government are a necessary condition for the physical and spiritual existence of the Jewish minority in the Diaspora.^[8]

The uncompromising character of this political realism found clear expression in the tragic event in which Shabur Malka killed 12,000 Jews in Mazaca Caesarea (Cappadocia).^[9] When Shmuel was told of the massacre, he refrained from rending his garments as a sign of mourning.^[9] Shmuel justified this on the grounds that the slain had "brought it upon themselves" (inhu garmi le-nafshayhu) ^[9], apparently because of their active participation in the fighting against the forces of Shabur Malka or because of rebellion against the regime.^[9] Shmuel's refraining from public mourning prevented the Jewish community in Babylonia from being labeled as disloyal to the kingdom and protected it from severe acts of retaliation.

The Limits of the Decree and the Dispute Among the Rishonim

The Mishnah in tractate Nedarim establishes that it is permitted to deceive tax collectors and arbitrary exactors.^[10] Shmuel redefined this reality by means of a distinction between a lawful tax and royal robbery ("hamsanuta de-malka").^[10] The king's laws are defined as having binding validity only when they are based on an egalitarian and uniform legal system.^{[8, 10]}

Regarding the source of the authority and the scope of the rule, the Rishonim disagreed ^[8]:

The view of the Rashbam and the Rambam (the acceptance of the inhabitants): the king's authority derives from the voluntary consent of the country's inhabitants to his laws.^[8] Therefore, the rule applies broadly both in public law and in civil laws between a person and his fellow.^[8]

The view of Rabbi Eliezer of Metz and the Rosh (the king's ownership of the land): the king's authority derives from the fact that the whole land belongs to him.^[8] Therefore, the rule is valid only in matters of land and real estate and not in movable property.^[8]

The view of the Rashba and the Baal HaTerumot: the Rashba held that the rule does not apply in the Land of Israel, since it is the common inheritance of all Israel and does not belong privately to a gentile or Jewish king.^[8] The Baal HaTerumot restricted the rule only to matters that bring direct benefit and enjoyment to the king himself.^[8]

The view of the Ramban: the king is not authorized to invent new and arbitrary laws that were not customary in the days of his forefathers and are not defined as known practices.^[8]

As practical halakha, the Rema decided that "dina de-malkhuta dina" is valid for every law intended for the benefit of the country's inhabitants and their public welfare.^[8]

The Scientist Amora: Astronomy, Medicine and Their Integration into Halakhic Decision-Making

Shmuel was distinguished by his combination of supreme Torah learning with a profound mastery of the empirical sciences of his time – astronomy and medicine.^{[1, 4]} For Shmuel, science was not a side occupation but a central instrument for advancing halakha and solving practical problems.^[1]

Astronomy and the Intercalation of the Year

Shmuel's expertise in astronomy (the science of the heavenly bodies) earned him the epithet "Yarchina'ah" (the man of the moon).^{[1, 4]} He said of himself: "The paths of the firmament (the paths of heaven) are as familiar to me as the paths of Nehardea, except for the comet, which I do not know what it is."^{[1, 4, 11]}

This cosmological understanding enabled him to calculate precise calendars and to engage independently in the intercalation of the year and the sanctification of the month, subjects that had been the exclusive domain of the sages of the Land of Israel.^{[1, 3]} His declaration "I am able to arrange [the calendar] for the entire Diaspora" ^[3] attests to his ability to make it unnecessary for the Diaspora communities to wait for testimonies of the sighting of the new moon from the Land of Israel, a step that laid the foundations for the fixed Hebrew calendar. To Shmuel is attributed the "Baraita de-Shmuel HaKatan," which deals with the orbits of the planets, the constellations and the secret of intercalation, although some scholars and Rishonim attribute it to the Tanna Shmuel HaKatan.^{[1, 12]}

Medicine and Physiology

In addition to astronomy, Shmuel was an esteemed physician and an expert pharmacist, whose remedies and preparations were renowned far and wide.^{[1, 4]} He conducted applied research in pharmacology, investigated medicinal substances from the sea, and enacted many ordinances and laws based on bodily health.^[1] This physiological and anatomical knowledge served him directly in complex halakhic rulings in the laws of family purity and the laws of niddah.^[3]

A clear example of this is his bold scientific-halakhic statement: "I am able to have intercourse several times without blood."^[3] Whereas other sages, such as Rabbi Chanina, tended to declare a woman impure in certain cases for fear that blood that appeared originated from menstrual blood, Shmuel relied on his deep physiological understanding to determine that the blood may not be menstrual blood, and the sages of his generation accepted his lenient determination because of his broad scientific and personal authority.^[3]

In recognition of his scientific and historical work, the government hospital "Shmuel HaRofe" (Shmuel the Physician) in Israel is named after Shmuel the Amora.^[1]

Summary and Conclusions

The figure of Shmuel the Amora symbolizes the transition from a centralized Judaism based on the center in the Land of Israel to a decentralized and global Judaism capable of surviving and developing anywhere.^{[2, 3]} Shmuel laid the infrastructure for the independence of Babylonian Jewry by means of three interlocking layers:

• Shaping civil law: establishing Jewish law as a living and dynamic commercial and social instrument, which led to the historic determination that "the halakha follows Shmuel in civil law."^[5]
• Political and legal realism: developing the rule "dina de-malkhuta dina," which redefined the reciprocal relations between the Jewish minority in the Diaspora and the sovereign state, and gave religious legitimacy to the civil law of the host state.^[8]
• Science in the service of halakha: harnessing astronomy and medicine to solve burning halakhic problems, from fixing the calendar in the Diaspora to physiological determinations in marital law.^{[3, 4]}

Shmuel's diverse leadership proved that halakha is not detached from the laws of nature, from economic reality or from the global political structure. In this way he shaped a model of a Torah scholar and public leader who combines absolute loyalty to the Torah with broad scientific and intellectual openness, a model that continued to guide the Jewish people throughout all the years of its exile.