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Showing posts with label Babylonian influences on Talmud. Show all posts
Showing posts with label Babylonian influences on Talmud. Show all posts

Sunday, 9 August 2020

289) HOW ‘STUDY’ AND THE ‘STUDY-HOUSE’ ARE DEPICTED DIFFERENTLY IN THE BAVLI AND YERUSHALMI:

Depiction of rows of students in the Academy at Sura.
INTRODUCTION:

Rabbi Professor Yaakov Elman (1943-2018) of Yeshiva University was one of the pioneer researchers on Babylonian influences on the Babylonian Talmud. He showed that many concepts such as astrology, angelology and demonology found in the Babylonian Talmud (Talmud Bavli) - which are often assumed to be uniquely Jewish - are not found in the parallel Jerusalem Talmud (Talmud Yerushalmi). Based on this and many other factors, he concluded that there were many concepts which were popular in Zoroastrian Babylonia which were adapted and adopted by the Bavli - and this accounts for their absence in the Yerushalmi and other Palestinian sources.

 “[T]he Palestinian authors of the Talmud [Yerushalmi][1]excluded, almost entirely, the popular fancies about angels and demons, while in Babylonia angelology and demonology, under popular pressure influenced by Zoroastrianism, gained scholastic recognition.”[2]

In this article, based extensively on the research of Professor Jeffrey L. Rubenstein[3], we will investigate another difference between the Bavli and Yerushalmi – their descriptions of the Beit Midrash or House of Study as well as their cultures of learning.

AGGADA AND BABYLONIAN BIAS:

Rubenstein analyses aspects of Aggada (the narrative sections of the Talmud) which are particularly found in the Bavli and not in the Yerushalmi or other parallel Palestinian texts, as these differences would be good indicators of general Babylonian bias. Narratives are always a window into the ethos of a society.

Rubenstein writes:

“[W]here we have both a Palestinian and Babylonian version [of a narrative][4], we are on relatively firm ground in identifying the motifs and themes that appear exclusively in the Bavli version as Babylonian.”

Although there were definite cross-cultural exchanges between the sages of Babylonia and those of the Holy Land, particularly during the first four Amoraic (Talmudic) generations, nevertheless, each culture maintained its unique characteristics and worldview.

We are going to explore how the Bavli accentuated certain concepts and ideas far more than the Yerushalmi, and we will analyse why these texts are depicted so differently.

THE HOUSE OF STUDY:

The Bavli emphasises the institution of the Academy, Study-House or Beit Midrash. What follows are some examples of parallel Babylonian and Palestinian texts in this regard:

1. RABBI TARFON:

Both the Bavli and Yerushalmi describe the admirable way in which R. Tarfon honoured his mother.

According to the Yerushalmi:

“Once, the sages came to visit him (R. Tarfon, at his home)...and she (R. Tarfon’s mother) told them of his (exemplary) deed(s).” [5]

However, according to the Bavli:



“He (R. Tarfon) went and praised himself (for honouring his mother) in the study house.”[6]

In the Bavli version, it is R. Tarfon and not his mother who describes the honourable behaviour - and the affair takes place not when the sages come to visit R. Tarfon’s home but, instead, in the Beit Midrash.

The Bavli chooses to portray the setting for the event not at R. Tarfon’s home as per the Yerushalmi, but rather in the Study-House.

2. R. CHANINA BEN DOSA AND THE SCORPION:

Both the Bavli and the (Palestinian) Tosefta describe R. Chanina ben Dosa being bit by a scorpion (or snake) while praying.

According to the Tosefta:


“R. Chanina was standing and praying [the Shemona Esrei] when an Arod[7] [scorpion/snake] bit him. He did not stop praying. [Later] his students went and found [the Arod] dead on top of [the opening to] his hole. They said, ‘Woe to the man who was bitten by an Arod, woe to an Arod who has bitten Ben Dosa.’”[8]

However, according to the Bavli:


“He placed his heel over the mouth of the hole and the Arod came out and bit him, and died. Rabbi Chanina ben Dosa placed the Arod over his shoulder and brought it to the study-house.” [9]

Again, the Bavli version frames the event as being connected to the Study-House while the Yerushalmi allows it to have occurred in the open.

3. CHONI HAME’AGEL (THE CIRCLE-DRAWER):

Both the Bavli and Yerushalmi tell the story of Choni haMe’agel who was walking along the road and saw a man planting a carob tree. He asked the man why he was planting a tree which could only be benefitted from after seventy-years. The man responded that he was leaving it for his descendants. 

The story continues with Choni falling asleep for seventy years and when he awoke he indeed saw the son of the man who had originally planted the tree, gathering its fruits.

According to the Yerushalmi:

 “When he (Choni ha Me’agel) entered the Temple courtyard (Azara) it would fill with light.”[10]

However, according to the Bavli, Choni then went to the Study-House and it shone with light (or was enlightened) although the sages did not believe it was actually him after all these years. He died soon thereafter.[11]


Once more, the Bavli introduces the notion of the Study-House into the narrative while the Yerushalmi allows the events to unfold wherever they occurred.

PROJECTION AND REFRAMING:

These sources portray a Babylonian predilection towards the Study-House which is depicted as an organised and large Academy. According to the research of Jeffrey Rubenstein, David Weiss Halivni, Shamma Friedman and many other scholars, the post-Talmudic editors of the Babylonian Talmud, known as Savoraim (or Stammaim) may have reframed and projected their larger and more public Academies with which they were familiar with, onto the previous Amoraic (Talmudic) era - where (according to the research) the Amoraim generally taught in closed scholarly circles; and they taught in Hebrew (not Aramaic); and their literature and records (as collated by Rav Ashi and Ravina, the first redactors of the Babylonian Talmud) were in a terse style without dialectical analysis (shakla vetarya) and similar to the terse style of the earlier Mishna, Beraita and Tosefta. (See previous post.)

On this view, it was essentially around the period of the later Stammaim that the larger Academies and Study-Houses were put in place. And these Stammaim - while editing the Talmud - projected the primary role of the Beit Midrash with which they were accustomed, onto the previous era.

This accounts for why the Bavli, under Stammaic editorship, describes the Amoraic Beit Midrash or Study-House as a hierarchical institution with many students, sometimes sitting in rows and rank, with the more scholarly towards the front. 

However, historically we know that this was a development from the post-Amoraic era of Stammaim (and was even more well-established later by the Gaonim (589-1038).

EXTRA BENCHES IN THE BEIT HAMIDRASH:

The story of the deposition of Rabban Gamliel from his leadership position of Nasi or Prince, for being disrespectful of R. Yehoshua, tells of four-hundred (or seven-hundred) extra benches being added to the Study-House after he had left. They also removed the guard from the door who had previously kept unworthy students out.[12]

Rubenstein points out that:

“Such descriptions resemble the rabbinical academy as portrayed in Geonic sources.”

STAMMAIC CULTURAL PROJECTION:

Based on these observations, we have the assertion that the later editors or Stammaim reframed the smaller more elitist, scholarly and closed study groups of the Amoraim of the Talmudic period (200-450) to resemble the larger, more open and public academies with which the Stammaim were familiar.

Such descriptions in the Bavli of huge academies are predominantly absent from the Yerushalmi.

Rubenstein writes that although there is one(!) source in the Yerushalmi that describes a large academy (its version of the story of the deposition of Rabban Gamliel[13]), besides that source:

“...it is only in the Bavli where we find descriptions of rabbinic institutions that resemble the highly developed academies of the Geonic era...

The Stammaim seem to have functioned in rabbinic academies similar to those described in Geonic sources.”

CHARACTERISTIC DIALECTICAL ARGUMENTAYION OF THE BAVLI:

In many places in the Bavli, we find that its characteristic style of argumentation and dialectics are lauded as part of good scholarship. A good sheilah (question) deserves a good teshuva (answer) and this is officially recognized as a sign of scholastic ability worthy of a Talmudic sage.

OBJECTIONS AND SOLUTIONS:

When Rav Kahana arrives in Israel from Babylonia, he demonstrates his academic prowess to the students of Reish Lakish:


“He told them this objection and that objection, this solution and that solution. They went and told Reish Lakish. Reish Lakish went and said to R. Yochanan: ‘A lion has come up from Babylonia. Let the master look deeply into the lesson for tomorrow.”[14]

The Bavli records that Rav Kahana was pushed backwards in the rows when he fails to object or engage in dialectics, and brought forward when he does. Dialectics was the very life force of the Babylonian sages.

WITHOUT DIALECTICS THERE IS NOTHING:

In fact, the absence of dialectical argumentation can even bring death. The Babylonian Talmud records that R. Yochanan died because he did not have a study partner who could object to and argue with him as Reish Lakish did.

R. Yochanan bemoans his new study partner, R. Eleazar ben Pedat, for not engaging sufficiently in dialects:

“Are you (R. Eleazar) like the Son of Lakish? When I made a statement, the Son of Lakish would object with twenty-four objections and I would solve them with twenty-four solutions...He could not be consoled (or: he went out of his mind). The sages prayed for mercy for him and he died.”[15]

DIALECTICS IN THE YERUSHALMI:

In contrast to the Bavli, Rubenstein writes that:

In the Yerushalmi I have found no comparable stories or traditions that emphasize ‘objections and solutions’...” 

Thus the obsession with study dialectics is a Babylonian anomaly and not part of the study culture of Eretz Yisrael. It forms the backbone of the Bavli but is notably absent from the Yerushalmi.

BABYLONIAN ‘STUDY-HOUSES’ AND PALESTINIAN ‘MEETING HOUSES’:  
    
Although both Bavli and Yerushalmi do reference the Study-House (Bei Midrasha) and the Meeting- House (Beit Vaad) - as mentioned, there certainly was a cultural exchange between Babylonia and Eretz Yisrael - it seems that the Bavli emphasised the Beit Midrash over the Beit Vaad. The Stammaimic editors of the Bavli institutionalised the Study-House into a formal Academy, while the Yerushalmi left it as either Synagogue (Beit Knesset) or general Meeting-House.[16]

AKHNAI’S OVEN:

In the famous story of Akhnai’s Oven where the river is said to have flowed uphill, the Bavli records the walls of the Study-House inclined as if to fall – while the Yerushalmi refers to the columns of the Meeting-House trembling.

BABYLONIAN WIVES ARE MORE OF A DISTRACTION THAN PALESTINIAN WIVES:

The Bavli often depicts the wife as a source of distraction from Torah study. There are many cases of husbands leaving their wives for extended periods of time in order to further their Torah study.[17]

However, as Rubenstein points out:

“[T]he tension is less pronounced in the Palestinian parallels...

It appears that the Bavli stories reflect a more academic and scholastic rabbinic culture than that reflected in Palestinian sources.

Bavli stories portray rabbis functioning in a highly structured and competitive institutional environment.”

MOSHE RABBEINU VISITS THE BEIT HAMIDRASH:

This extremely powerful emphasis on study, besides sometimes straining the personal relationships within the marital unit, is also reflected in a narrative concerning Moshe Rabbeinu. Even he is said, as it were,  to have battled to compete within the dialectical Babylonian study culture!

There is a well-known story in the Bavli of Moshe Rabbeinu journeying forward in time to sit in the academy of Rabbi Akiva (of the even earlier Mishnaic period). Moshe sat in the eight row together with the inferior students and he could not understand the discussions taking place in the rows closer to the front.[18]


ANALYSIS:

Based on the research referenced earlier, the notion of overflowing academies may have been another projection and reframing of Amoriac (Talmudic) literature by the post-Talmudic editors or Stammaim (Savoraim). [See links provided below.]

Not only did the Stammaim reflect the existence of their larger academies onto the previous Amoraim, but they also introduced the argumentative style of the sugya which was similarly a projection of their own style of Babylonian dialectics.

Additionally, the research shows that the Stammaim introduced Aramaic as the mother tongue of the Talmud, whereas the original statements as collated by Rav Ashi and Ravina at the close of the Talmudic period would have been short teachings, in Hebrew, and along the lines of the earlier Mishna, Beraitot and Tossefta literature.

These post-Talmudic Stammaic innovations largely distinguish the Bavli from the Yerushalmi which was not subjected to such editorial activity.


FURTHER READING:









[1] Parenthesis mine.
[2] Louis Ginzberg, Jewish Law and Lore (Philadelphia: Jewish Publication Society of America, 1955), p. 22.
[3] Jeffrey L. Rubenstein, On the Culture of the Bavli.
[4] Parenthesis mine.
[5] y. Kiddushin 1.7, 61b.
[6] B. Kiddushin 31 b.
[7] Or ‘Arvad’.
[8] Tosefta, Berachot 3.20.
[9] Berachot 33a. Translation: “With regard to the praise for one who prays and need not fear even a snake, the Sages taught: There was an incident in one place where an arvad was harming the people. They came and told Rabbi Ḥanina ben Dosa and asked for his help. He told them: Show me the hole of the arvad. They showed him its hole. He placed his heel over the mouth of the hole and the arvad came out and bit him, and died. Rabbi Ḥanina ben Dosa placed the arvad over his shoulder and brought it to the study hall. He said to those assembled there: See, my sons, it is not the arvad that kills a person, rather transgression kills a person. The arvad has no power over one who is free of transgression.”
[10] y. Ta’anit 3.10, 66d.
[11] b. Ta’anit 23a.
[12] b. Berachot 27b-28a.
[13] Which Rubenstein believes may anyway be a corruption of the Bavli source.
[14] b. Bava Kama 117a.
[15] b. Bava Metzia 84a.
[16] Jacob Nachum Epstein, Introduction to the Text of the Mishna (Jeruslem: Magnes Press, 2nd edn, 1964 [Hebrew]), pp. 488-89.
[17] b. Ketuvot 62b.
[18] b. Menachot 29b.

Sunday, 26 July 2020

287) WHY DID THE TALMUDIC SAGES CONCEAL KNOWLEDGE OF JEWISH CIVIL LAW?


A Kuphar or round boat used on the Tigris and Euphrates Rivers since ancient times. (This picture is from 1914.) Was this the type of boat Rav Papa and Rav Huna were fighting over for possession during the 4th-century CE?
                           
INTRODUCTION:

Everyone knows that rabbis love teaching the Law and that the transferral of knowledge is their pre-eminent occupation.  And the Sages - particularly Babylonian Sages of the Talmudic period - would certainly have specialized in so doing during the early centuries of the Common Era.

Jacob Neusner writes in his History of the Jews in Babylonia:

“The rabbi...aspired to transform the ordinary people into ‘rabbis’. It was this aspiration that brought him into close and constant contact with the masses, forcing him to teach and to exemplify the truths he believed everyone should conform to.”[1]

In this article, I have drawn extensively[2] from Jonathan A. Pomeranz from Yale and Tel Aviv Universities, who shows that this notion of a need to transfer knowledge, was not as widespread as commonly imagined.  

We will examine some of the reasons behind the practice of Babylonian Sages to not promulgate the law - if not sometimes to actively conceal it - especially civil law.

POMERANZ CONFRONTS NEUSNER:

At first glance, Neusner’s depiction of the Sages in ‘close and constant contact with the masses’ seems fairly typical and reasonable. Rabbis have always loved to teach and still do. 

Neusner brings 'case history' as support for his seemingly benign observations. He writes:

“Rav lectured in Kimhania[3], near Sura, on how to acquire large cattle[4], and Samuel issued many dicta on the subject of acquiring fields[5], trees, and so forth.”[6]

Rav and Shmuel, two colleagues who were part of the first generation of Amoraim (Talmudic Sages from around 200 CE) are selected by Neusner as examples of Sages who lectured to the masses on various topics. 

However, Pomeranz points out that Neusner’s first example of Rav (taken from Kiddushin 25b) is one of only two instances in the Babylonian Talmud where we read about a Sage lecturing in public about civil law!


The second example of Shmuel (taken from Bava Batra 54a) is even more problematic because although he is teaching or ‘issuing dicta’, the texts begin with ‘Amar Shmuel’ (Shmuel says) which indicates that he is lecturing only to other rabbis and not to the masses!


In fact, I would add that this example is no different from any other typical Talmudic text beginning in a similar manner with ‘Amar...’ recording a legal discussion between colleagues in the study hall. There is no indication, whatsoever, in this text that Shmuel is teaching the laws of property transfer to the masses.

CIVIL LAW IS INTENTIONALLY LEFT UNPROMULGATED:

The lack of evidence that the Sages taught civil law to large portions of the populace prompts Pomeranz to point out that:

“[t]he Babylonian sages, for the most part, left civil law unpromulgated and taught it exclusively to other sages.”

[The term promulgate is defined as “to make widely known.” Unpromulgate would mean to intentionally conceal.]

The reason for this concealment of civil law from the people was pragmatic, if not strategic:

“This is, at least partially, a strategy to maintain the authority of the members of the rabbinic class in the arena of civil law...

This suggests that...instructing an audience in the content of a particular text was not the only way to achieve authority in antiquity, but that concealing textual knowledge could also be a strategy that granted interpreters of texts authority.”

According to this, matters of civil law were concealed from the people so that the Sages have total control and jurisdiction over the Jewish civil law.

THE PROBLEM:    

The problem with this strategy was that:

“...rabbinic judges could, at times, rule in ways that did not accord with the outcome that the detailed rabbinic law would seem to mandate.”

CHECKS AND BALANCES:

However, Pomeranz is quick to allay our fears of possible rabbinic abuse of authority (although, as we shall see the Talmud does record such instances) because he shows how, when  abuses did take place, the recalcitrant Sage was immediately reprimanded by the other Sages. Thus a system of legal checks and balances appears to have been in place, notwithstanding the strategy of unpromulgated civil law.

TOPICS TAUGHT IN PUBLIC LECTURES:

Professor Isaiah Gafni has examined the topics which were discussed in public lectures, known as pirka (what we today might refer to as a shiur). These public lectures were usually given on Shabbat and Festivals[7]. One category is conspicuously absent from the list of topics, and that is civil law.

According to Gafni, there are twelve recorded instances in the Babylonian Talmud where public lectures took place, but only two (including the case of Rav which Neusner brings) relate to civil law.

The Sages were only prepared to teach ritual law to some extent but they were not interested or prepared to talk to the public about civil law!

Pomeranz writes:

“[O]n the basis of this evidence, it appears that the sages generally taught topics outside the realm of civil law to the public. Civil law was, for the most part, studied only by rabbis.”

COURTROOM DRAMAS IN THE BABYLONIAN TALMUD:  

A study of courtroom dramas or narratives recorded in the Babylonian Talmud, also supports the notion that the commoner was ignorant of Jewish civil law. This gave the Sages and their relatives, an unfair advantage in court.

Two examples follow:

1) RAV NACHMAN FAVOURS HIS RELATIVE'S DAUGHTER:



The Talmud[8] describes a case where a female relative of Rav Nachman decides to sell her Ketuvah[9] to a speculator. 

Under such circumstances, the speculator takes a risk because if the woman were to die before her husband, she obviously receives no insurance payment from her Ketuvah - and the speculator loses out.

And even if the husband dies or divorces his wife, where the Ketuvah would be effective - it might only be many years later.

Because of this risk, a speculator will usually only buy a Ketuvah for a fraction of its total worth.

In our case, the husband does indeed divorce his wife who subsequently dies; so, in theory, the Ketuvah insurance should have gone to the speculator.

However, Rav Nachman makes sure that he informs his deceased relative’s daughter of a legal loophole. He tells the daughter, who is her mother’s legal heir, that she has the right to renounce her claim to the Ketuvah. Once she does that, her father (who just divorced her mother) need not pay the Ketuvah. The speculator is deceived and receives nothing, and the daughter will simply inherit the money when her father dies.

Because Rav Nachman knows civil law, he assists the daughter in tricking the speculator out of accruing any benefit from his purchase. Her mother got the money from her initial sale of the Ketuvah, the speculator gets nothing, and when her father eventually dies, his daughter will inherit the value of her mother’s original Ketuvah.

The narrative concludes with R. Nachman saying: “It’s different for an important man” because he knows the law and the speculator doesn’t.


2) ‘WHITE GEESE WHO STEAL THE CLOAKS OF ORDINARY PEOPLE’:


Then there is a similar case of deception by Sages concerning a layman, Yeimar, who lent money to a certain individual who died before he was able to repay the loan.

Yeimar sends his agent to claim and seize the deceased man’s boat. 

During the process, Rav Papa and Rav Huna approach the agent and inform him that his actions are unlawful. They explain that only the creditor himself and not his agent may seize the property of a debtor in a case where the debtor has additional debts to others.

It transpires that Rav Papa and Rav Huna were also owed money by the deceased man but they did not reveal this to the agent. As creditors, only they could seize the property and they seize the boat.

As events unfold, Rav Papa and Rav Huna begin fighting amongst themselves as to which of them has actually acquired the boat. Rav Papa rowed the boat as an act of legal acquisition while Rav Huna pulled it with a rope.

Their case comes before Rava who rebukes them for taking property from non-rabbis (including the heirs) calling Rav Papa and Rav Huna “white geese (a term referring to the white beards of the scholarly class) who steal the cloaks of ordinary men.” 

And Rava goes on to remind them of the ruling that, anyway, creditors can only claim a debt during the lifetime of the debtor.

In this narrative, it seems that Rav Papa and Rav Huna only expounded on the laws that suited them and did not reveal those that didn’t.

ORAL TRADITIONS:

The Sages also had access to lines of oral legal traditions from which they could draw from under various circumstances.

Pomeranz writes:

“The fact that the rabbis alone had access to legal traditions, then, surely enabled them to use the legal system to their own advantage.

The rabbinic decision to keep the Jewish public largely ignorant of civil law, then, was a strategy that maintained rabbinic authority and power, and could harm the legal interests of non-rabbis when they were opposed by rabbis or their relatives.”

NO ADVOCATES IN COURT:

Rabbinic courts did not have advocates. The Sages who sat in judgement had the final say and their rulings were largely unchallenged.

NUMBERS:

Pomeranz does not touch on this issue, but it is also probable that the reason why the Sages did not teach (both ritual and civil laws generally) as much as we might have imagined is simply that the numbers of academies and students during Talmudic times were not that high. 

We should not make the mistake of projecting our current numbers of yeshivot and students (which are possibly the highest in Jewish history), back onto the ancient Talmudic system. 

For example, it has been suggested that at least during the 8th–century (although post-Talmudic), the numbers of yeshiva students were only somewhere between 1 200 and 2 400 - and according to Dr Henry Abramson, those numbers are ‘considerably exaggerated’. A single large institution today would have numbers like that!



ANALYSIS:

We have clearly seen that the Sages did not generally teach civil law to the lay population.

But even more surprisingly, we have also seen that the Sages did not even teach ritual and religious law to the masses to the extent we may have expected. 

Perhaps our expectations have been predicated by what we, today, have come to regard as 'normal' activity on the part of rabbis who do love to teach the masses.

Although it does seem that the reason why civil law was largely left unpromulgated, untaught and unpublicized, was to ensure that it was only the Sages who knew how to use it. This way, they would have been able to maintain a large degree of elitism and authority.

While Pomeranz certainly agrees that the strategy to not promulgate civil law would give the Sages the advantage of great authority, he concludes that it was more to do with preventing the masses finding legal loopholes in the law which they would use to their advantage.

A mitigating reason for maintaining a rabbinic system of concealment of the law, therefore, may have been the desire to protect the law from abuse by laypeople who - if they understood the particularities and intricate details of promulgated law - could and would manipulate that law for their nefarious ends.

Pomenanz writes:

“Rabbinic authority, then, turns out to be an insufficient explanation for the rabbinic legal practice of leaving civil law largely unpromulgated...

[W]e [should not] regard the rabbis with Foucauldian[10] cynicism and assume that everything the rabbis said and did can be explained solely as an exercise in power."


Pomeranz then explains that this idea of concealing the law was not just an innovation of the Jewish Sages but was part and parcel of the general milieu and culture of the surrounding non-Jewish society in Babylonia as well: 


"The rabbinic class did maintain its authority by having an unpromulgated law, but they also followed in the footsteps of a longstanding Near Eastern tradition of unwritten law and judicial flexibility which prevented others from manipulating the legal system for their own benefit...”


In support of Pomeranz, if the Sages sometimes succumbed to this abuse of the law, the ordinary population certainly would have too, and even more liberally so.

Furthermore, it is also possible that the Sages, indeed, did not teach civil law for fear people would abuse the law with loopholes – but that was only during the early period when Jewish courts were in operation and legally effective. After that period, when the study of civil law fell under the rubric of general Torah study and Jewish civil law was largely theoretical, the rabbis would have been more open to teaching such matters because the fear of abuse of practical law was no longer relevant. 

One can also say that as long as Jewish civil law was in active use in Babylonia, authority was exercised by withholding the knowledge - whereas later, when it became theoretical, authority was exercised by those with the knowledge and language skills to expound and expose it.

Ultimately, Pomeranz presents us with two possible reasons why the Sages chose to conceal Jewish civil law from the masses – 

i) to maintain rabbinic authority, and 

ii) in keeping with the then contemporaneous Near Eastern cultural influences, to prevent abuse from the masses.

He concludes by favouring the latter over the former.

However, considering the blatant elitism (in references like "It’s different for an important man."[11] and the "white geeserabbinic class "stealing the cloaks of ordinary men" [12]) which we see in a number of Talmudic accounts - the question of whether Pomeranz (who is to be commended for his meticulous research) is justified in downplaying the Sages quest for authority.

Whether it was a combination of the Sages' quest for authority; their desire to protect the law from abuse by a legal savvy population; or simply a Near Eastern cultural heritage, will be left to the Reader to decide for him or herself.



FURTHER READING:

For other examples of apparent power-struggles, see:

Who Owned the early Kabbalah?

Why were the Teachings of Chassidei Ashkenaz so Elusive?

The Positive Role of Subjectivity within Halacha




[1] Neusner, A History of the Jews in Babylonia, 3:102.
[2] Jonathan A. Pomeranz, Concealing the Law; The Limits of Legal Promulgation Among the Rabbis of Babylonia.
[3] Pronounced ‘Kimchonya’.
[4] The legal act of acquisition (kinyan) for large cattle is ‘meshicha’ or ‘pulling’ to indicate a transferral of ownership. Usually, the mere act of picking something up is sufficient to show ownership but obviously in the case of large cattle that would be impossible.
[5] Shmuel spoke about removing trees and levelling a field as an act of legal acquisition of the field.
[6] Neusner, A History of the Jews in Babylonia, 2:264.
[7] There was also the notion of the Yarchei Kalah where two months a year were set aside for public education.
[8] Ketuvot 85b-86a.
[9] A Ketuvah is insurance a married woman receives if her husband dies or divorces her.  In common usage, a Ketuvah refers to a marriage document.
[10] Foucauldian is defined as the “discourse analysis...focusing on power relationships in society as expressed through language and practices, and based on the theories of Michel Foucault.” 
[11] In the case of Rav Nachman, 'Adam chashuv shani’.
[12] In the case of Yeimar.