John Lightfoot on Luke 11:45

[Then answered one of the lawyers.] Here seems a little difficulty, that whereas, in the foregoing verse it is said, "Woe unto you scribes and Pharisees," it is not subjoined then answered one of the scribes, but one of the lawyers; which scruple perhaps the Vulgar observing, made him leave scribes and Pharisees wholly out. Our Saviour inveighs more peculiarly, and by name, against the Pharisees, verses 37,42,43; and at length joins the scribes with them, verse 44. Hence that lawyer cavils and complains, either that he had named the scribes in terms, or that he had accused the Pharisees of nothing but what the scribes might be equally accused of. As to this very scribe, did not he wash his hands before dinner as the Pharisees did? for it is said of all the Jews, "except they wash their hands oft, eat not." Did not the scribe tithe mint and rue as well as the Pharisee? when we find that the tithing of herbs was instituted by the Rabbins. In a word, the scribes and the Pharisees go hand in hand in that discourse of our Saviour's, Matthew 23; where he blameth both the one and the other for the same things. So that it is plain enough why this man complains; but it is not so plain why he should be termed "one of the lawyers," and not "one of the scribes."

I. It is not very easy distinguishing betwixt the scribe and the Pharisee, unless that Pharisaism was a kind of tumour and excrescence as to superstition and austerities of religion beyond the common and stated practice of that nation, even of the scribes themselves. Whether that distinction betwixt singular, and a disciple, hints any difference as to the austerity of religion, I cannot affirm; I will only lay a passage or two in the reader's eye for him to consider.

"The Rabbins have a tradition, Let no one say, I am a Disciple, I am not fit to be made a Singular." The Gloss hath it, "I am not fit to begin the fasts with the Singulars." And the Gemara a little after; "The Rabbins have a tradition: Every one that would make himself a Singular, let him not make himself so: but if any one would make himself a Disciple, let him." And at length; It is not lawful for a Disciple of the Wise to continue in fastings, because he diminisheth from the work of God: that is, he ceaseth from learning and teaching.

One would here think, that it is plainly distinguished betwixt a Pharisee and any other; and yet the Gemarists, in the very same place, say thus, All the Disciples of the Wise are Singulars. At length they query, "Who is a Singular, and who is a Disciple? A Singular is he that is worthy to be preferred to be a pastor of a synagogue. A Disciple is he, who if they ask him any thing concerning a tradition in his doctrine, he hath wherewithal to answer." So that by a Disciple they mean not him that is now learning, but him who hath already learned and now teacheth; but, in other places, they apply both these to the Disciple.

"R. Jochanan saith, Who is a Disciple of the Wise? he whom they prefer to be pastor of a synagogue: he who, if they ask him about any tradition in any place, hath wherewithal to answer." The difference between these, however confounded in this place, was this: that the Disciple could answer doubts and questions fetched out of that place or from that subject upon which he had taught or read; but the Singular, could answer all doubts raised from any place, even out of the treatise concerning marriages. That mention of the pastor and the teacher, Ephesians 4:11, we seem to have some shadow of it here: the Disciple is the teacher, and the Singular is the pastor of the synagogue: and perhaps if these things were observed, it might give some light into that place of the apostle.

II. As the Disciple and the Singular are sometimes confounded, sometimes distinguished, so also is the scribe and the Pharisee. They are sometimes confounded; for many of the Pharisees were scribes: and they are sometimes distinguished; for many of them were of the common people, and not scribes. Perhaps it may not be improperly said, that there were Pharisees that were of the clergy, and Pharisees that were of the laity. He whom we have now before us was a scribe, but not a Pharisee; but it is not easy to give the reason why he is termed a lawyer and not a scribe. Here is some place for conjecture, but not for demonstration. As to conjecture, therefore, let us make a little essay in this matter.

I. I conceive that the lawyer and teacher of the law, may be opposed to the Sadducees to whom the Pharisee is diametrically opposite; for they were contrary to them in their practice of the traditional rites as much as they could; and these again abundantly contrary to them in traditional doctrines. The Sadducees had, indeed, their scribes or their teachers, as well as any other party: and there is frequent mention of the scribes of the Sadducees. And from this antithesis, probably, is Rabban Gamaliel termed a doctor of law. For there was then an assembly of the 'sect of the Sadducees,' verse 17: and when Gamaliel, who was of the other sect, made his speech amongst them, it is easy to conceive why he is there termed a doctor of law. For the same reason we may suppose the person here before us might be called one of the lawyers, and not a scribe, because there were scribes even amongst the Sadducees.

II. I conceive, therefore, that the lawyers and teachers of the law were the traditionary doctors of the law. As to Gamaliel, a doctor of the law, the thing is without dispute: and if there were any difference between the lawyers and doctors of the law, yet as to this matter, I suppose there was none. Let us consider this following passage: "It is a tradition: R. Simeon Ben Jochai saith, He that is conversant, in the textual exposition of the law, hath a measure, which is not a measure. He that is conversant in Misna, hath a measure, from whence they receive a reward: but if he be conversant in the Talmud, there is not a greater measure than this. Always betake yourself to the Misna rather than the Talmud. But R. Jose Ben R. Bon saith, This which thou sayest, obtained before the Rabbi had mixed with it manifold traditions: but from the time that he mixed with it manifold traditions, always have recourse to the Talmud rather than to the Misna."

Now, I pray, who is he that, according to this tradition, merits most the title of a doctor of law? He that is conversant in the exposition and interpretation of the written law, and the context of it, alas! he doth but little; and for all the oil and labour he hath spent, hath only a measure, which is not a measure. But he that is conversant in the Misna and Talmud, in the traditional doctrine or exposition of the traditional law, he bears away the bell; he hath some reward for his pains, and is dignified with the title of doctor.

III. If there were any distinction betwixt doctors of tradition and doctors of law (which I hardly believe), we may suppose it might be this; either that the doctor of law had his school and his disciples, and the doctor of tradition had none; or that the doctor of tradition was conversant in the Misna, or the plain and literal exposition of traditions, and the doctor of law, in the Talmud, or a more profound and scholastic way of teaching.

However, be there this distinction betwixt them, or some other, or indeed none at all, yet I presume they were both doctors of traditions, and expounders of that which they called the oral law, in opposition to the scribes, whether amongst the Jews or the Sadducees, who employed themselves in the textual exposition of the law.