Sanhedrin 89 ~ Prophecy and Mental Illness

On today’s page of Talmud we read a Mishnah that outlines the death penalty for a false prophet.

סנהדרין פט, א

נְבִיא הַשֶּׁקֶר הַמִּתְנַבֵּא מַה שֶּׁלֹּא שָׁמַע, וּמַה שֶּׁלֹּא נֶאֱמַר לוֹ – מִיתָתוֹ בִּידֵי אָדָם. אֲבָל הַכּוֹבֵשׁ אֶת נְבוּאָתוֹ, וְהַמְוַותֵּר עַל דִּבְרֵי נָבִיא, וְנָבִיא שֶׁעָבַר עַל דִּבְרֵי עַצְמוֹ – מִיתָתוֹ בִּידֵי שָׁמַיִם, שֶׁנֶּאֱמַר: ״אָנֹכִי אֶדְרֹשׁ מֵעִמּוֹ״. הַמִּתְנַבֵּא בְּשֵׁם עֲבוֹדָה זָרָה, וְאוֹמֵר: ״כָּךְ אָמְרָה עֲבוֹדָה זָרָה״, אֲפִילּוּ כִּוֵּון אֶת הַהֲלָכָה לְטַמֵּא אֶת הַטָּמֵא וּלְטַהֵר אֶת הַטָּהוֹר

The false prophet mentioned in the Torah includes one who prophesies that which he did not hear from God and one who prophesies that which was not said to him, even if it was said to another prophet. In those cases, his execution is at the hand of man, through strangulation imposed by the court. But with regard to one who suppresses his prophecy because he does not want to share it with the public, and one who contemptuously forgoes the statement of a prophet and refuses to heed it, and a prophet who violated his own statement and failed to perform that which he was commanded to do, his death is at the hand of Heaven, as it is stated: “And it shall come to pass, that whosoever shall not hearken unto My words that he shall speak in My name, I will exact it of him” (Deuteronomy 18:19). One who prophesies in the name of idol worship and says: This is what the idol said, even if he approximated the correct halakha in the name of the idol to deem ritually impure that which is ritually impure and to deem ritually pure that which is ritually pure, is executed by strangulation…

And over the next couple of days we will continue to learn about the kinds of prophecies that are true (and should therefore be spoken about in public by the prophet) and those which are false. Here is a taste:

הַכּוֹבֵשׁ אֶת נְבוּאָתוֹ, וְהַמְוַותֵּר עַל דִּבְרֵי נָבִיא, וְנָבִיא שֶׁעָבַר עַל דִּבְרֵי עַצְמוֹ – מִיתָתָן בִּידֵי שָׁמַיִם....

One who suppresses his prophecy, and one who contemptuously forgoes the statement of a prophet, and a prophet who violated his own statement, their death is at the hand of Heaven…

הַמִּתְנַבֵּא מַה שֶּׁלֹּא שָׁמַע

One who prophesies that which he did not hear [is a false prophet]…

דְּאָמַר רַבִּי יִצְחָק: סִיגְנוֹן אֶחָד עוֹלֶה לְכַמָּה נְבִיאִים, וְאֵין שְׁנֵי נְבִיאִים מִתְנַבְּאִין בְּסִיגְנוֹן אֶחָד

Rabbi Yitzḥak says: A prophetic vision relating to one and the same subject matter [sigenon] may appear to several prophets, but two prophets do not prophesy employing one and the same style of expression…

וְנָבִיא שֶׁעָבַר עַל דִּבְרֵי עַצְמוֹ: כְּגוֹן עִדּוֹ הַנָּבִיא, דִּכְתִיב…

And a prophet who violated his own statement [is liable to the death penalty, but from Heaven]…

הַכּוֹבֵשׁ אֶת נְבוּאָתוֹ לוֹקֶה

One who suppresses his prophecy is flogged

So today on Talmudology we will talk about prophecy…and mental illness. Why mental illness? because the Rabbi Yochanan said this:

בבא בתרא יב, ב 

א"ר יוחנן מיום שחרב בית המקדש ניטלה נבואה מן הנביאים וניתנה לשוטים ולתינוקות

Rabbi Yochanan said: "After the destruction of the Holy Temple the power of prophecy was taken from the prophets and given to the mentally ill and to children. 

A long time ago I saw a patient in the emergency department who was brought in by ambulance after a worried relative called about his odd behavior. The patient had long been hearing voices. In his apartment the medics had found a little clay model of Jerusalem which the voices had told him to besiege. He told the medics that the voices had told him to lay on his right side for exactly three hundred and ninety days, which he had done.  He survived by eating through a store of barley, beans and lentils which those same voices had told him to prepare. The voices also told him to bake bread over a fire that burned human excrement, but the patient had protested, and the voices agreed to let him burn animal dung instead.  

In The Madhouse — Plate 8. From A Rake's Progress, William Hogarth, 1734.

In The Madhouse — Plate 8. From A Rake's Progress, William Hogarth, 1734.

Actually I made that up. Although I've treated hundreds of acutely schizophrenic, delusional or manic patients as an ER doctor, I have never treated a person like the one I just described.  But there was a person who did follow the voice in his head that told him to do all these things -the clay models, the laying on one side for over a year, the animal dung to bake bread.  All of it. His name was Ezekiel, and he was a prophet in our Bible.

You also, son of man, take a brick and lay it before you and inscribe a city on it, even Jerusalem. Then lay siege against it, and build a fort against it, and build a mound against it; set camps and place battering rams against it all around. Moreover take for yourself an iron plate and set it up for a wall of iron between you and the city. And set your face against it so that it is besieged, and lay siege against it. This shall be a sign to the house of Israel. As for you, lie down on your left side and lay the iniquity of the house of Israel upon it. According to the number of the days that you lie on it, you shall bear their iniquity. For I have laid upon you the years of their iniquity according to the number of the days, three hundred and ninety days. So you shall bear the iniquity of the house of Israel. When you have accomplished them, lie again on your right side, and you shall bear the iniquity of the house of Judah forty days. I have appointed you each day for a year. Therefore you shall set your face toward the siege of Jerusalem, and your arm shall be uncovered, and you shall prophesy against it. I will lay bands upon you, and you shall not turn yourself from one side to another until you have ended the days of your siege. Also take for yourself wheat, and barley, and beans, and lentils, and millet, and spelt, and put them in one vessel and make bread. According to the number of the days that you lie on your side, three hundred and ninety days, you shall eat it. ...You shall eat it as barley cake, having baked it in their sight with dung that comes out of man.... Then I said, “Ah, Lord God! My soul has not been defiled. For from my youth up even until now I have not eaten of that which dies of itself, or is torn in pieces, nor has abominable meat come into my mouth. Then He said to me, “I have given you cow dung instead of man’s dung over which you shall prepare your bread.”
— Ezekiel 4:1-15

Rabbi Yochanan declares not that prophecy is dead, but that the kind of things once said by the prophets of the Bible will henceforth be said by those with mental illness (שוטים) and children.  Rabbi Yochanan may have been the first to see the overlap of mental illness and the kinds of things once said by prophets of the Bible, but today psychiatrists and others involved in the care of the mentally ill have noted this overlap too.

Abraham and Moses on the Psychiatrist's Couch

In 2012, three psychiatrists from the Harvard  Medical School asked a simple question: How does a psychiatrist today help a patient to understand that their psychotic symptoms are not caused by supernatural visitations, "when our civilization recognizes similar phenomena in revered religious figures?" So the psychiatrists set off to examine the way in which revelation of the divine was described in the Bible, "with the intent of promoting scholarly dialogue about the rational limits of human experience." All this was to "educate persons living with mental illness, healthcare providers, and the general public that persons with psychotic symptoms may have had a considerable influence on the development of Western civilization."

They analyzed four religious figures, including two from our tradition, from a behavioral, neurologic, and neuropsychiatric perspective. They found that, based on the text of the Bible, Abraham had no affective, neurological or medical conditions, and since he showed no evidence of disorganization, they doubted that Abraham had classic schizophrenia too.  But they raised the possibility of his having paranoid schizophrenia. This is a subtype of schizophrenia "that tends to manifest little or no disorganization, has preserved functional affect, and is associated with better occupational and social functioning." The psychiatrists based this diagnosis on the voices Abraham kept hearing, and "a very Abraham-centered worldview of dispensing universal blessings and curses based on one’s interactions with Abraham." Moses had "auditory and visual hallucinations of a grandiose nature with delusional thought content." He also exhibited "hyperreligiosity, grandiosity, delusions, paranoia, referential thinking, and phobia (about people viewing his face)." They were not certain though, if Moses displayed symptoms of paranoid schizophrenia, or if instead, he may have had a bipolar disorder.  Jesus also displayed auditory and visual hallucinations, "delusions, referential thinking, paranoid-type thought content, and hyperreligiosity"(!) The Harvard psychiatrists also note that the lifetime risk of suicide in schizophrenia is 5-10%, and that Jesus "appears to have deliberately placed himself in circumstances wherein he anticipated his execution." Finally Paul is analyzed. He seems to have had a large number of  auditory and visual perceptual experiences "that resemble grandiose hallucinations with delusional thought content." They reject the suggestion that he suffered from temporal lobe epilepsy, and they note that Paul wrote a great deal. This kind of productive writing, they claim, "tends to be more strongly associated with mood disorders than psychosis or epilepsy. This is persuasive toward Paul having a mood disorder, rather than schizophrenia or epilepsy."

Murray, E. Cunningham M. Price B . The Role of Psychotic Disorders in Religious History Considered. Journal of Neuropsychiatry and Clinical Neurosciences 2012; 24:410–426

Murray, E. Cunningham M. Price B . The Role of Psychotic Disorders in Religious History Considered. Journal of Neuropsychiatry and Clinical Neurosciences 2012; 24:410–426

The point of all this analysis was not to test the the faith of those who believe in the prophetic abilities of Abraham, Moses, Jesus or Paul. Rather, it was to emphasize how those with what we today would describe as the florid symptoms of mental illness are revered as religious teachers. And one more thing.  They claimed not to have any disrespect for those with religious beliefs towards any of these four figures.

Discussion about a potential role for the supernatural is outside the scope of our article and is reserved for the communities of faithful, religious scholars, and theologians, with one exception. It is our opinion that a neuropsychiatric accounting of behavior need not be viewed as excluding a role for the supernatural. Herein, neuropsychiatric mechanisms have been proposed through which behaviors and actions might be understood. For those who believe in omnipotent and omniscient supernatural forces, this should pose no obstacle, but might rather serve as a mechanistic explanation of how events may have happened. No disrespect is intended toward anyone’s beliefs or these venerable figures.

Nocturnal Hallucinations in Israeli Ultra-Orthodox Jews

Since Rabbi Yochanan described prophecy as being given to those with mental illness, it might be worth looking at the content of some hallucinations in the Jewish mentally ill.  Is there anything in their hallucinations that we could perhaps interpret as prophecy? Let's turn to a helpful paper published in 2001, which described the nocturnal hallucinations in 122 ultra-orthodox Jewish Israeli men. The authors were two psychiatrists who noted that this symptom of nocturnal hallucinations only seemed to affect male members of the ultra-orthodox population.  The group who experienced these nocturnal hallucinations were younger than other patients with symptoms of mental illness, "and their visit was more often associated with a request for a psychiatric evaluation before receiving an exemption from compulsory army service." But let's put that rather disquieting fact aside, and move on. The majority of the hallucinations were frightening, and included figures of the sort that "may appear among the fears of ultra-orthodox men," including (and I'm not making this up) "policemen, soldiers [and] Sephardi men." 

From Greenberg D. Brome, D.  Nocturnal Hallucinations in Ultra-orthodox Jewish Israeli Men. Psychiatry 2001. 64 (1); 81-90.

From Greenberg D. Brome, D.  Nocturnal Hallucinations in Ultra-orthodox Jewish Israeli Men. Psychiatry 2001. 64 (1); 81-90.

Now you might be thinking that this group included a fair number of malingerers who were keen to avoid military service. The psychiatrists considered that possibility too, but noted that about 45% of the men came for more than one visit, and about 11% did not not request a recommendation letter for the army.  So they concluded that "the night hallucinations are a real clinical and culturally determined phenomenon, which in a minority of cases may have been misused and presented for purposes of gaining exemption from army service."  In any event, most ended up with a diagnosis of "subnormality and/or psychosis," with a generally good prognosis. But there is nothing that appears to be particularly prophetic in the thoughts of this group of mentally ill Jewish men.

We suggest that some of civilization’s most significant religious figures may have had psychotic symptoms that contributed inspiration for their revelations. It is hoped that this analysis will engender scholarly dialogue about the rational limits of human experience and serve to educate the general public, persons living with mental illness, and healthcare providers about the possibility that persons with primary and mood disorder-associated psychotic-spectrum disorders have had a monumental influence on civilization.
— Murray, E. Cunningham M. Price B . The Role of Psychotic Disorders in Religious History Considered.Journal of Neuropsychiatry and Clinical Neurosciences 2012; 24:410–426

On the origin of prophecy today

In his seventeenth century commentary on the Talmud, R. Samuel Eliezer ben R. Judah HaLevi Edels, better known as the Maharsha, suggests that there are different kinds of prophecy.

מהרש"א חידושי אגדות מסכת בבא בתרא דף יב עמוד ב 

וענין שנטלה מן הנביאים ונתנה לשוטים אין הנבואות שוות דנבואת נביאים ע"י הש"י או ע"י מלאכיו אבל נבואת השוטים ותינוקות אינו אלא ע"י שד דהכי מחלק בפרק הרואה בין החלומות שיש מהן ע"י המלאך ויש מהן ע"י שד

"Not all prophecy is the same. For the prophecy of the prophets was endowed by God, Blessed be He, or one of His angels, whereas the prophecy of the mentally ill and children is endowed by a demon..."

Which may only serve to scare the mentally ill even more. R. Yochanan's statement reminds us that the line between mental disease and religiously inspired hallucinations (or delusions) is very blurred, and that, whatever the source of their visions and hallucinations, the mentally ill deserve more than our pity or support. They deserve our respect. 

If you hear a car backfire and you believe that it may be a pistol shot, that is an illusion. If you hear a pistol shot when there has been no sound (either of a pistol or a car backfiring), that is a hallucination. If you hear a pistol shot and believe that it is God firing a pistol at you because you [as a physician] have ordered inappropriate lab tests, that is a delusion. If [a physician] decides he is ordering too many laboratory tests in the absence of an external sensory stimulus, that is called enlightenment.
— Joseph Sapira. The Art and Science of Bedside Diagnosis. Williams & Wilkins 1990. p518.
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The Last Will & Testament of Haman

This is a longer version of an essay published at tradition online yesterday.

 [Looking for Talmudology on the Daf , Sanhedrin 87, to be learned on Purim? Click here.]

In 1703 in Livorno in central Italy. David Raphael ben Abraham Polido published Zikhron Purim, subtitled: The last will and testament of Haman ben Hamdata and his children, the enemies of the Jewish People.[1] In this inventive booklet, Polido imagined Haman imprisoned on death row, his execution only hours away. Of course, the Megillah contains no such scene, and instead describes the execution of Haman as an almost instantaneous event, occupying just three verses at the end of chapter seven:

Does [Haman] mean to ravish the Queen in my own palace? …Harvona said… “there is a gallows which Haman has prepared for Mordechai”… “hang him on it!” ordered the king.  So they hanged Haman… and the king’s fury abated.

But what if it had not been so? What if Haman had been imprisoned? How might he have contemplated his fate? What might he have said? What might he have instructed his family?

Zikhron Purim, Livorno 1703. Held in the Etz Chaim Library Amsterdam, through The National Library of Israel. Ktiv Project, here.

Polido imagined a Haman who lay chained and dejected. And completely unrepentant. The book opens with an echo to the text of the ketuvah, the marriage agreement outlining the responsibilities of a husband for his new wife. “On the sixteenth of Nissan in the year 3,998 we, who signed below, testify that the chakan [sic]…was visited in prison and we found him sick, on the ground dejected (cf. Ps.41:4), crying and pleading for his life.” Despite this, the ‘witnesses’ reported that Haman was “in full control of his mental faculties,” which enjoins the reader to take Haman’s words with the utmost seriousness.  “You are aware that the king has sentenced me to hang in a most ignoble manner; therefore, I call upon you to act as witnesses to my testament.” We never learn the names of these witnesses, but Haman’s will is signed in the spirit of Purim, with a litany of curses on the tzorer layehudim:

 הרב המקולל, החזיר המטונף, גאה וגאון עוכר ישראל הצר הגדול מאור’ר המ’ן האגגי ימח שמ׳ו רוח ה׳ ימרוהו יתרדוהו מכל עדן. ממ’ה ברחמיו יראינו בעמו כמו שאראנו בשמו. וכן יהי רצון ונאמר אמן

The cursed leader [rav], the filthy pig, proud and a genius who is the deformed one among Israel, the great enemy our learned rabbi Haman ben Hamdata, may his name and memory be blotted out, may the Spirit of God remove him from all that is pleasant,…And may it be His will, and let us say Amen.

Haman begins with some general guidelines as to how his ten sons should live the remainder of their lives.

Lend your ears to my will, for it is the path of your lives. Love one another and live together in tranquility. “For how good and how pleasant it is for brothers to live as one (Psalms 123:1).” Hate the Jews as your father has commanded you, for they are your enemies. Write hateful letters about them to King Ahasuerus… And so harden your heart against the poor, and copy the way your of your ancestors…if you ever lend money to others arm yourselves and demand repayment. And if they tell you “we will repay you, only let Heaven have mercy upon us,” then spill their blood like water. Kill them without mercy and make a name for yourselves.   For how good and how pleasant it is for brothers to destroy others and be free of the worms.

Some of these fictitious words of Haman echo the Talmud, where, in an anonymous Baraita, Canaan, the cursed son of Noah, also left instructions for his descendants:

Canaan commanded his sons about five matters: Love one another, love robbery, love promiscuity, hate your masters, and do not speak the truth.[2]

This is, of course, an exercise of rabbinic fantasy, but just in case we were thinking that this Canaan literally said this, Samuel ben Meir of Troyes, (d. circa 1158), known as the Rashbam, notes the following in his commentary:

This means that [slaves descended from Canaan] act in this way – as if they had once been commanded by their ancestor to do so. And this has a practical ramification: that we are on alert when around them.

After these remarks, Haman addresses each son, in a parody of the blessings that Jacob gave to his sons and of the Ten Commandments themselves:

To Parshandata his firstborn. Do not pay any attention to the first of the Ten Commandments. “I am the Lord your God” does not apply to you, because you were never in Egypt and the Torah was not given to us. Neither did we hear the voice of God on Sinai saying, “I am God.” Moreover, while in Egypt Moses said “this is what the God of the Hebrews has said.” Now had he said “the God of the Amalakites” we would certainly have been included “in the curse of those who do not uphold” (Deut. 27:26). I bequeath you a double portion as it is written “the first born of a wife whom you hate should receive a double inheritance” (cf. Deut. 21:15-17).

Each son is given instructions as to which one of the Ten Commandments to break. Wherever he can, Haman leaves precise instructions to rebel against the norms of society that the Torah has outlined.

[Haman] called to [his fifth son] Adaliah and he quoted [the fifth of the Ten Commandments:] “honor your father” – if you know who he is. And if you do not, then act like Rebbi Bena’ah [in the Talmud] and bury him, or hit him with your staff. For in the Gemara it was Rebbi Hunnah who declared “most Gentile women are whores.”[3]

The two versions of Zikhron Purim that I examined share much of the opening text and Haman’s specific guidance to each of his sons. But they also differ. In the handwritten version held in Amsterdam, there follows the prayer for the welfare of the government which rather remarkably includes Shabbatai Zevi (“may his name be forever” cf. Ps. 72:17). Both versions then have a parody of the Memorial Prayer for the Dead (“El Malei Rahamim”):

… May the spirit of Satan guide him through the fires of hell… may the Supreme King of the Demons in his mercy fly above him and spread the shadow of death over him…may Ashmadi be his inheritance, may thorns afflict him (cf. Ez. 28:24) and may anger come upon his resting place, as it is written “may fury come, may his grave be obliterated” (cf. Isaiah 57:2)…together with all those who hate Israel, with every kind of curse, and may it be His will, and let us say Amen.

For good measure, both copies also have seven “hakafot for Haman.” The opening rhyming stanza reads: “I invoke the living God to excommunicate him; May those who hate Him [God] be removed from the source of life, and forever banished from the land of the living, and may his soul mourn and be forgotten from the living.” And so on.

Why imagine this conversation at all? Haman is the most punished enemy of the Jews. His plans are foiled, his mortal enemy is elevated to King’s advisor, his sons are killed, and his property is seized.  What is to be gained by an imagined last will, other than to demonstrate that Haman was unrepentant? This question is sharpened when we consider Livorno, in central Italy, the place where the book was published.  If David Polido lived there (and this is not certain, and neither are his origins,) he was lucky enough to be living in a Jewish renaissance period of sorts. Some one hundred years earlier, King Ferdinand I had issued a blanket amnesty to all those living as Morranos, secret Jews in Spain and Portugal.  Jews living in Livorno were among the safest in Europe and the Jewish community there had liberties “that most Jewish communities elsewhere could only envy in the course of the seventeenth century,”[4] But surely that safety was precisely what frightened David Polido. Safety comes. And safety ends.

Perhaps this is what makes Zikharon Purim resonate today, as those in the US recognize that our security and comfort may be real, but they cannot be guaranteed. However comfortable the material circumstances, the injunction to remember “what Amalek did to you on your way out of Egypt” (Deut. 25:17) has never far from the Jewish mind. Perhaps, thought David Polido, without the memory of what had befallen us, what chance did we have to avoid the hatred that was certain, one day, to come?

In April 1982 I saw a performance of George Steiner’s novella The Portage to San Cristobal of A.H. The story revolves about a group of Jews who capture Hitler, who had been hiding in the Amazon some thirty years after the end of the Second World War. Both the book and the play engendered controversy: John Leonard, in his review for The New York Times, thought that Hitler’s monologue at the end of the play, which went unanswered, was “obscene.” Dostoyevsky, he noted, “didn't end ''The Brothers Karamazov'' with the tale of the Grand Inquisitor.” Leonard’s overall reaction to the work and listening to the greatest murderer of the Jews offer a justification of his actions was visceral: “it makes me sick to my stomach.” And it is understandable. Here is part of Steiner’s A.H soliloquy:

“But did Herzl create Israel or did I? Examine the question fairly. Would Palestine have become Israel, would the Jews. have come to that barren patch of the Levant, would the United States and the Soviet Union, Stalin’s Soviet Union, have given you recognition and guaranteed your survival, had it not been for the Holocaust? It was the Holocaust that gave you the courage of injustice, that made you drive the Arab out of his home, out of his field, because he was lice-eaten and without resource, because he was in your divinely ordered way. That made you endure knowing that those whom you had driven out were rotting in refugee camps not ten miles away, buried alive in despair and lunatic dreams of vengeance. Perhaps I am the Messiah, the true Messiah, the new Sabbatai whose infamous deeds were allowed by God in order to bring His people home. ““The Holocaust was the necessary mystery before Israel could come into its strength.[5]

It is a dangerous thing to imagine the machinations of our worst enemies, and usually it is not necessary. Their actual words are terrifying enough. But there is a long tradition of Jews doing exactly that, both as parody and as criticism. Surely it won’t be long until someone writes a novella about the last thoughts of Yahya Sinwar as he sat on an armchair, covered in dust, vainly throwing a piece of wood at that drone that was watching him. What were his final thoughts? Regret? Anger? Resignation? Would the author have Sinwar implore his followers to carry forward their hatred of the Jews, or perhaps have him offer an unanswered justification for his actions?

How are we to read David Polido’s work?  Over a century ago, Israel Davidson read it as a parody, which he defined as “a composition in which the form and expression of grave or dignified writings are closely imitated,  but are made ridiculous by the subject or method of treatment.”[6] And Davidson thoroughly disliked it, declaring it to be “hardly worth the name of literature. It consists of curses and maledictions hurled at the head of Haman, the symbolic enemy and oppressor of the Jewish people…Euphony is mistaken for thought, and paranomasia for humor…. We can see, as it were, the face of the poor, shabby scribbler brighten up as he labors over his puns, amused at his ingenuity in telling people what he needed without asking them for it.”[7] Davidson’s work is cited to this day as “seminal”[8] and it seems that it was his remark alone that led Marvin Heller to describe Polido’s Zikhron Purim as “not highly regarded.”[9] But reading it today, as we observe a second Purim while at war, with our family held hostage and our dead denied a Jewish burial, this assessment should be reevaluated. Jewish life in Livorno was, for the first time in a century, relatively safe. Many even prospered.  But David Polido, like the Rashbam before him, reminded his contemporaries that even if an enemy is vanquished, hatred of the Jews endures. The lesson for moderns is clear.

_______

[1] For background see Israel Davidson, Parody in Jewish Literature. New York; Columbia University Press 1907.p48–49, 195–199. Roni Cohen, Parodic Purim Literature in the Early Modern Era and the Ban that Failed. Zion 5782 [2022] 103-128 {Hebrew].. See Moritz Steinschneider, Catalogus Liborium Hebraeorum in Bibliotheca Bodleiana (Berlin, 1852–60), col. 855. Zikhron Purim was published in different versions (Steinschneider mentions two possible dates for publication, 1700 and 1703). In a manuscript copy held by the Ets Haim Bibliotheca Sefardica in Amsterdam (and available through the National Library of Israel) the entire text is handwritten, but at the end there is a ten-page printed Spanish poem that tells the Purim story. Another version contains fifteen pages of text, of which four (including the frontispiece and introduction) are handwritten. A definitive study of this work awaits.

[2] T.B Pesachim 113b.

[3] This is a fabrication. Or a parody. However, the phrase does appear in the commentary of Rabbi Eliyakim Gatinov (c.1725-1795) of Izmir, in his Yitzhak Yeranen, a commentary on Maimonides Mishnah Torah (Issurei Bi’ah 12:21).

[4] Bregoli, Francesca. “Economic Utility and Political Reforms: The ‘Jewish Question’ in Livorno.” Mediterranean Enlightenment: Livornese Jews, Tuscan Culture, and Eighteenth-Century Reform, Stanford, Stanford University Press, 2014, p. 208–38. JSTOR, https://doi.org/10.2307/j.ctvqsdrk7.14. Accessed 7 Mar. 2025. Bregoli is however, careful to note where these liberties ended.

[5] George Steiner. The Portage to San Cristobal of A.H. New York; Simon and Schuster 1979. p169

[6] Davidson, op cit. XIV. The definitions of parody are varied, and there is some overlap with irony and satire. Regardless, Polido’s work might be read as any of these literary archetypes. The literature on this topic is vast. See in general Holger Zellentin, Rabbinic Parodies of Jewish and Christian Literature. Tübingen; Mohr Siebeck, 2011, but especially 5-21; Simon Dentith, Parody. London, Routledge 2000, and Dov Noy,  Haparodia besifrut Ysrael hakeduma" Mahanayim 54 (1961–62), 92–99.

[7] Ibid, p49.

[8] See Zellentin p23.

[9] Heller, Studies in the Making of the Early Hebrew Book, Leiden, Brill 2008. p179.





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Sanhedrin 78a ~ Where Do Snakes Store Their Venom? (And the Case of Murder by Snake Charmer)

In the Mishnah on 76b of Sanhedrin (which we learned two days ago) we read the following:

שיסה בו את הכלב שיסה בו את הנחש פטור השיך בו את הנחש רבי יהודה מחייב וחכמים פוטרין

In the case of one who incited a dog or a snake against a person, and the dog or the snake bit that person, Rabbi Yehuda rules that the he is liable to the death penalty, and the Sages rule that he is not liable.

Today's page of Talmud explains the basis of the legal dispute between Rabbi Yehuda and the Sages:

סנהדרין עח, א

לדברי ר' יהודה ארס נחש בין שיניו הוא עומד לפיכך מכיש בסייף ונחש פטור לדברי חכמים ארס נחש מעצמו הוא מקיא לפיכך נחש בסקילה והמכיש פטור

According to Rabbi Yehuda, the poison of a snake is between its fangs, therefore the perpetrator is liable to execution by the sword [which is the usual punishment for a convicted murderer], and the snake itself  is exempt from the death penalty. But according to the Sages a snake ejects its venom of its own volition [and only after its fangs have pierced the victim's skin]. Therefore the snake is liable to the death penalty by stoning and the perpetrator is not liable to the death penalty.

A western diamondback rattlesnake. From here.

A western diamondback rattlesnake. From here.

The essence of the dispute between the Rabbi Yehuda and the Sages is whether venom is always found on a snake's fangs, or whether it is produced by volition.  If it is the latter, at the moment the snake pierced the skin of the victim, there was no venom on its fangs. So it could not kill, and the lethal blow was not caused by the snake handler. This is made explicit by Rashi:

מעצמו מקיא - בנשיכתו וכשהשיכו זה עדיין אין בו כדי להמית לפיכך גרמא בעלמא הוא אף על פי שיודע שסופו להקיא מיהו לאו מכחו מיית

A snake ejects its venom of its own volition. When the person caused the snake to bite its victim, it did not at that moment have the ability to kill. The person was merely allowing [the bite to occur], even though he knows [that very soon after the bite] the snake will expel its venom. In this case death does not occur as a result of the direct actions of the person.

The Koren Talmud has this helpful note in its sidebar:

From the Koren Talmud Sanhedrin vol II, p 197.

From the Koren Talmud Sanhedrin vol II, p 197.

The Soncino Talmud offers a similar explanation:

On R. Judah's view, the fangs themselves are poisonous. Consequently, the snake does nothing, the murder being committed by the person. But the Sages maintain that even when its fangs are embedded in the flesh, they are not poisonous, unless it voluntarily emits poison. Consequently the murder is committed by the snake, not the man. 

Leaving aside the question of what a snake does instinctually and what it does voluntarily, does a venomous snake have fangs that are always poisonous per Rabbi Yehuda, or not, as is the opinion of the Sages ?

As far as homicide with snake bite is concerned, it was a usual practice in ancient India as well as in other countries to execute capital punishment by throwing the victim into a pit full of snakes or to ask the victim to put his hand inside a small basket harbouring a deadly snake.
— Ambade, V.N. et al. Homicide by direct snake bite: a case of contract killing. Med Sci Law 2012; 52: 40–43

Homicide by snake bite - a real case

This really happens. A 2012 paper published in Medicine, Science and the Law describes how a contract killer used a poisonous snake to murder an elderly couple by way of a direct snake bite.

On the fateful day, both the victims were kidnapped along with their driver. The couple was forcefully asked to sit in the car and their driver was told to sit in another four-wheeler. The kidnapper took them to a distant confined area. On the way, the snake charmer, who was sitting by the side of the kidnapper in the front seat of the car, took out a poisonous snake from a box and made it bite the couple. The couple collapsed immediately. After that, the kidnapper threatened the couple’s driver and told him to take the couple to the hospital saying that a snake had bitten them. The driver took the couple to the private hospital where they were declared dead. The couple died within one hour of the snake bite. An in-depth probe revealed that the eldest son of the elderly couple had plotted their murder over a property dispute, had hired the contract killer and had also arranged the snake charmer to have his parents killed. [Ambade, V.N. et al. Homicide by direct snake bite: a case of contract killing. Med Sci Law 2012; 52: 40–43]

So these kind of things do happen.  The rulings of Rabbi Yehudah and the Sages are based on some anatomic assumptions. Can biology help to determine which is correct? Why yes. It can.  

We believe this to be the first case reported where a snake was directly used for the murder of two victims through a contract killer.
— Ambade, V.N. et al. Homicide by direct snake bite: a case of contract killing. Med Sci Law 2012; 52: 40–43

Snake Fangs and Snake Venom

Snakes deliver their venom in one of two ways. The first and most common way is via a grooved fang usually at the back of the mouth. Venom slides down the groove and into flesh of the victim. A minority of venomous snakes use a second, different approach. These have long hollow fangs in the front of their mouths like hypodermic needles, through which venom flows. These fangs are hinged and are folded back into the roof of the mouth when not in use. 

Regardless of which kinds of fangs a snake has, its venom is produced in special glands. The precise anatomical details may vary from species to species, but they all have the same basic structure: there is a main venom gland which leads into a smaller accessory venom gland and then into the base of the fangs.

When the snake strikes, muscles around the main venom gland contact, forcing a bolus of venom through the ducts, down the fangs, and into the prey.
— The Handbook of Venoms and Toxins of Reptiles,  ed. Stephen P. Mackessy. CRC Press 2010.
Viperid venom gland. When the snake strikes, muscles around the main venom gland contact, forcing a bolus of venom through the ducts, down the fangs, and into the prey.  From The Handbook of Venoms and Toxins of Reptiles,  ed. Stephen P. M…

Viperid venom gland. When the snake strikes, muscles around the main venom gland contact, forcing a bolus of venom through the ducts, down the fangs, and into the prey.  From The Handbook of Venoms and Toxins of Reptiles,  ed. Stephen P. Mackessy. CRC Press 2010. p71.  

Dry snake bites

Not all bites from a venomous snake leads to poisoning.  These non-venomous bites are called dry bites, and may occur in 20-60% of all bites.  I know this because of this helpful paper published by B. Sadananda Naik, a physician from Karnataka in south west India: “Dry bite” in venomous snakes: A review. In India, about 46,000 people are killed each year from snakebites, so he should know of which he speaks. The incidence of a dry bite varies by the species of snake and the circumstances under which they bite. For example, bites from pit vipers (found in the US) may be dry 25% of the time, whereas bites from the Sri Lankan saw scaled viper are dry less than 10% of the time (and you never know when that bit of information might be useful).   

Summary of the major publications on snake bites showing the frequency of  a dry bite. From Sadananda Naik, B. "Dry bite” in venomous snakes: A review. Toxicon 133, (2017): 63e67

Summary of the major publications on snake bites showing the frequency of  a dry bite. From Sadananda Naik, B. "Dry bite” in venomous snakes: A review. Toxicon 133, (2017): 63e67

It is not possible to pin point the exact reasons for the occurrence of this phenomenon known as ‘dry bite’. However, there are many possible explanations for the absence of envenomation in the victim.
— Sadananda Naik, B. "Dry bite” in venomous snakes: A review. Toxicon 133, (2017): 63e67

Dr. Naik also has this to say, which directly addresses the dispute between the Sages and Rabbi Yehuda:

The delivery of venom by the striking snake is completely voluntary; all the venomous snakes have the ability to bite without injecting the venom through their fangs. Hence, the snakes could vary the amount of venom injected while striking a prey which is to be eaten or when it bites in defence or when irritated.

The Sages were Right

In the dispute between Rabbi Yehuda and the Sages we rule, as usual, with the majority opinion. This is codified in Maimonides' Mishnah Torah ( הלכות נזקי ממון פרק י):

אם שיסה בו נחש, ואפילו השיכו בו, והרגו--הנחש נסקל:  שסם הנחש שהמית, מעצמו הוא מקיאו; לפיכך זה האדם שהשיך בו הנחש, פטור ממיתת בית דין

If a person set a snake against another, if the snake bit and killed, it is executed by stoning, because the venom which caused the death is expelled voluntarily. As a consequence the person who set the snake against another is not executed by the court.

The majority opinion of the Sages is the biologically correct one, and Rabbi Yehuda was, anatomically speaking, mistaken. Snakes do indeed vary the amount of venom they release, and sometimes they don't release any at all. Which is good news if you are a snake charmer who has just been accused of murder.

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Sanhedrin 69b ~ The Youngest Mother in the World

In the daily cycle of Talmud study, we are currently learning Sanhedrin, a tractate that discusses all things judicial including capital punishment. Today, the Talmud discusses a tangential issue (as it so often does) and considers the earliest age at which a boy or a girl could conceive a child. After establishing that a boy as young as eight could father a child, the Talmud entertains the possibility that a girl as young as six years of age could give birth to a child.

סנהדרין סט, ב

Batsheva gave birth when aged six - ובת שבע אולידא בשית

Don't try this at home

Today we are going to do something that goes against a fundamental belief I have about Aggadah - (rabbinic stories and legends): that they should never be taken literally.   Instead, we are going to take this Aggadah literally. It suggests that perhaps (and it is only raised as a possibility) Batsheva, the woman who married King David and was the mother of King Solomon, was only six years old when she gave birth to her first child. Is this suggestion in any way scientifically possible? You might be surprised.

The Youngest Mother in the World

 In May 1939 the French medical journal La Presse Medicale published a report from Lima about a little girl who had given birth to a baby at the age of only five years and seven months. Let me say that again. She had given birth to a baby when she was five years and seven months old.  Putting aside the monstrous child abuse that is at the heart of this story (if that is even possible to do), let's focus on the pregnancy itself.

Report from La Presse Medicale, May 31, 1939. The complete original is here.

Report from La Presse Medicale, May 31, 1939. The complete original is here.

The little girl in the picture is Lina Medina, then five months pregnant. She lived in Peru, and her parents had brought her to a hospital fearing she had a tumor in her abdomen.  Instead she was found to be pregnant, and six weeks later she gave birth by cesarian section to a healthy baby boy. She named her son Gerardo, after the chief physician Dr. Gerardo Lozada at the hospital where she was diagnosed. Her father was briefly arrested for child abuse but was later released. No charges were ever brought against her abuser, who Lina did not identify.  Lina later married and had a second son in 1972.

The New York Times, November 15, 1939.p9.

The New York Times, November 15, 1939.p9.

How do we know the story is true?

On November 15, 1939, The New York Times reported that the story had been authenticated by Dr S.L. Christian, the assistant surgeon general of the US Public Health Service. Christian had travelled to Peru, and while there he examined Lina.  There is also a case report from Dr Edmundo Escomel on the pathology of one of Lina's ovaries that had been removed at the time of her cesarian section. (For those of you who are French speaking pathologists, you can read it here.) The report notes that Lina had the ovaries of a fully mature woman, and that she likely had a pituitary disorder that caused her precocious fertility.   The story of Lina Medina has been authenticated by the fact-checking website Snopes, and there is a Wiki page about her (though having a Wiki page is not really proof of anything.)

Finally, there is a paper from a team at Hadassah Medical School in Jerusalem, published in Fertility and Sterility in 2009. The paper (titled At what age can human oocytes be obtained?) addresses the methods to remove and preserve eggs and sperm from young patients undergoing chemotherapy. "Increasing numbers of young cancer survivors" they wrote, "are experiencing infertility related to their past cancer treatment. Having children thus becomes an important issue for young cancer patients." One option to preserve fertility is to retrieve and preserve oocytes, which are the precursors to the ovum, the mature egg. The authors (who cite the pathology report on Lina Medina's ovary) report the successful removal of oocytes in girls ages 5, 8 and 10.  This report from Hadassah is of the youngest age for ovarian oocyte retrieval, and demonstrates that even in girls who show no signs of menarche (the onset of menstruation), it is possible to find oocytes that can mature into eggs.

From Revel A. et al. At what age can human oocytes be obtained? Fertility and Sterility 2009; 92 (2):458-463.

From Revel A. et al. At what age can human oocytes be obtained? Fertility and Sterility 2009; 92 (2):458-463.

Back to Batsheva

It would appear that it is indeed possible for Batsheva, barely be out of kindergarten, to have given birth to her first child when she was only six years old.  Today, her abuser would be arrested and locked up for a very long time. How fortunate are we not to have to take this talmudic story literally, even if it is, regrettably, entirely plausible.

The first group…accept the teachings of the sages in their simple literal sense and do not think that these teachings contain any hidden meaning at all. They believe that all sorts of impossible things must be... They understand the teachings of the sages only in their literal sense, in spite of the fact that some of their teachings when taken literally, seem so fantastic and irrational that if one were to repeat them literally, even to the uneducated, let alone sophisticated scholars, their amazement would prompt them to ask how anyone in the world could believe such things true, much less edifying. The members of this group are poor in knowledge. One can only regret their folly. Their very effort to honor and to exalt the sages in accordance with their own meager understanding actually humiliates them. As God lives, this group destroys the glory of the Torah of God and say the opposite of what it intended.
— Maimonides, Introduction to Perek Chelek, Chapter Ten of Mishnah Sanhedrin.

next time on Talmudology: Where does a snake keep its venom?

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