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The assumptions for computing the probability of the three names occurring
together also have shortcomings. One issue not taken into account is how many
children, particularly brothers, were in the average family. If there were six
children in the average family, and we assume that there were an equal number of
boys and girls, then every boy named James would have two brothers, one of whom
could be named Jesus. If, however, there were only 2 children per family then
there would be only a fifty percent chance that a James would have a brother,
significantly reducing the chances of the sibling being named Jesus.
An even more devastating problem is that no one knows the relationship between
the frequency of names in inscriptions and the frequency of names in the
population. It is unlikely that there is a direct link. The list of inscribed
names is not the equivalent of a modern phone book, which at least lists family
phone numbers used during the same year in the same town or city. The list of
inscribed names comes from a period of decades, and may be affected by class,
income, and accident of modern discovery. So the list of inscribed names is
completely unreliable as a basis for this calculation.
These few considerations indicate the data for the statistics come from imagined
assumptions—reasonably imagined to be sure—but imaginary nonetheless. Even if
only one assumption is incorrect, it could affect the results by a factor of ten
or more. But this comment reveals a further problem with this approach. There is
no way to test it for accuracy. Which assumptions and considerations are correct
and which are not cannot be determined. So in the end it is just guesswork,
making this point unable to support the claim that the ossuary belonged to James
the brother of Jesus Christ.
The second point that needs to be demonstrated to indicate that this is James’
ossuary is that it needs to come from Jerusalem. Shanks seems to assume this
without much consideration, largely because the shop of the antiquities dealer
from which it was purchased was located in Jerusalem. The only piece of evidence
indicating Jerusalem comes from the geological report Shanks had done which
states that the stone is a [limestone] chalk belonging to “the Menuha Formation
of Mount Scopus Group” (sic, Shanks & Witherington, p.18), which is found in
the Jerusalem area. The more recent geological studies commissioned by the
Israel Antiquities Authority indicate that Mt. Scopus limestone is found at many
locations in Israel and is not restricted to the Jerusalem area.11 The evidence of
the stone type therefore indicates that the ossuary could be from Jerusalem, but
it could just as likely be from elsewhere in Israel. If the ossuary was buried
anywhere other than the immediate Jerusalem area, then this would not be James
the brother of Jesus Christ because James supposedly was buried in Jerusalem.
Since the ossuary is unprovenanced, no evidence exists one way or another. So
the second point cannot be verified, making it even more unlikely that the
ossuary held the bones of James, the head of the Jerusalem church.
The third point that must be demonstrated in order for the claim of Shanks and
Lemaire to be proven is that the dialectal and writing characteristics of the
inscription fit best into pre-70 CE Jerusalem, or at least Judea. The dialectal
problem is this: Aramaic represents as a single word the two-word English
translation “his brother.” The word is, in Shanks’ transliteration, achui, which
consists of two parts: ach-, “brother,” and “-ui,” which is an attached suffix
meaning “his.”12 The problem lies in the “-ui” spelling of the suffix, which
constitutes the common spelling in Galilean Aramaic of the third to seventh
centuries CE. It is not the expected spelling for the Aramaic of Judea in the
first century; that would be “-uhi.” Indeed, there is only one certain example
of the -ui suffix used in texts of this dialect, and that appears in the Genesis
Apocryphon (21:34).
Shanks argues on p.16 that there are two other first century examples of this
ending. These two, if correctly identified, plus the one in the Genesis
Apocryphon, plus the one on the inscription would make four examples and it
would move this usage from being rare to merely uncommon. It is here that
Shanks’ lack of scholarly training, which he readily admits, causes problems.13
The first example Shanks cites comes from ossuary published in Rahmani’s
extensive catalogue (#570).14 However, Shanks seems unaware of the scholarship on
this inscription, for Ada Yardeni’s Textbook of Aramaic, Hebrew and Nabataean
Documentary Texts from the Judaean Desert, provides another reading of the same
inscription.15 Yardeni studied the inscription carefully and found that the
letters of the suffix were doubtful, and those which followed this word were
indecipherable—casting doubt on whether this inscription even identifies the
deceased as a brother of someone else. So this inscription fails to provide a
supporting example of the use of this form in the first century. Shanks’ second
example comes from Umm el-Amed (p.16 and footnote 3). Although Shanks cites it
as an example supporting the linguistic usage of first-century Jerusalem, it
actually comes from third or fourth century Galilee.16 So in the end, there
remains only one certain instance of this form from first century source, the
Genesis Apocryphon.17 And as the text’s best-known analyst—Joseph Fitzmyer—wrote
about that passage, it seems to be a spelling error.18 Thus the dialectal
characteristics of the Aramaic used in this inscription more likely belong to
Galilee of the third century or later than to Judea of the first century.
The writing characteristics of this inscription—its paleography—have received
extensive scholarly analysis. The most significant critique has to do with the
claim that, against Lemaire’s view that the inscription was written in a single
hand, it was actually done by two different hands. This was put forward by
Professor Kyle McCarter of Johns Hopkins University in his presentation at the
Royal Ontario Museum, as noted by Shanks, and independently by other scholars.
Having the second part of the inscription, “brother of Jesus,” added by a second
hand makes the inscription look like an forgery. That is, perhaps someone found
an ossuary of “James the son of Joseph” and decided that by adding “brother of
Jesus” they could enhance its sacred character in the eyes of pilgrims, if done
in antiquity, or it value in the eyes of collectors, if done in the modern
period. Although it is true the second person could have done their work within
an hour of the first hand, in the same workshop, the presence of two
distinguishable hands is suspicious.
To allay the implication of forgery brought by the two-hands analysis, Shanks
mounts a vigorous case against the analyses of two scholars. First, Dr. Rochelle
Altman, an Israeli analyst of writing systems, brings to the inscriptions a
methodology that looks at not just the forms of letters a scribe/carver chose in
creating an inscription, but also at the social and cultural meaning inherent in
those choices. She put forward a strong case based on the use of formal
lettering in the inscription’s first part and informal cursive lettering in its
second part, arguing that the formal characters indicate an official or noble
status, while the cursive derives from a rather low-class merchant context—two
cultural contexts that do not go well together.19 Rather than refute her
arguments, which Shanks admits he is ill-equipped to do, he puts down her
credentials.20 Second, Dr. Jeffrey R. Chadwick, a professor at Brigham Young
University, also put forward a two-hand theory, which Shanks takes two pages to
refute, mostly by suggesting that he is an “amateur.”21 Interestingly, when Shanks
mentions McCarter’s views, he does not argue so stridently against them, even
though McCarter points out many of the same phenomena discussed by the other two
analysts (p.46).22
The report on the ossuary released by the Israel Antiquities Authority on June
18, 2003, provides further support for the two-hand analysis. The independent
judgment of Esther Eshel, the expert on Second-Temple period Hebrew and Aramaic
scripts appointed to the expert committee, is that the inscription was cut by
two different “chisels.”23 She also emphasizes that the two parts of the
inscription contain two different types of “handwritings,” which suggests to her
that the inscription in not authentic. Her conclusion is that the inscription is
a modern forgery, done by the forger in two stages. Indeed, she argues that the
forger copied letters of the inscription’s second part from the inscription #570
in Rahmani’s Catalogue. Ironically, this is the very inscription Shanks cites as
corroborating evidence (see above). This means that neither the character of the
Aramaic used in the inscription nor its paleographic character provide solid
support that the inscription as a whole was carved in the first century.
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