The first data regarding a fixed Jewish canon are provided by the Jewish historian Flavius Josephus, whose writings date from the end of first century A.D. In his apologetic work Against Apion (1.37-46), Josephus mentions 22 “accredited” (pepisteume,na) books, written in the period from Moses to Artaxerxes I (465-424 B.C.). If one allows for the fact that some books were regarded as single units (e.g., 1 + 2 Samuel, 1 + 2 Kings, 1 + 2 Chronicles, Ezra + Nehemiah, Judges + Ruth, Jeremiah + Lamentations) and that the Twelve Minor Prophets which were counted as one book, one can arrive at the number of 22 –with the result that the number of the books equaled the number of letters in the Hebrew alphabet. All books written after Artaxerxes I, according to Josephus, lacked the degree of accreditation of those written earlier, since by that time the era of the prophets had passed. From Josephus’ testimony it may be inferred that towards the end of I A.D. the Jews made a clear distinction between “canonical” books and the rest, using as a criterion their alleged time of writing.
Similar information derives from the book of 4 Ezra written ca. A.D. 100 According to its author (14:19-48) the canon was composed by Ezra himself and contained 24 books (v. 45). Although the 24 books are not mentioned by name, it is probable that they were the books included in today’s Jewish canon (based on the numbering described above provided Judges, Ruth, Jeremiah and Lamentations are counted separately in order to equal the number of the Greek alphabet). Though the attribution of the canon’s formation to Ezra lacks historical foundation, the mention of a specific number of books corroborates that, when 4 Ezra was written, a clearly formed canon was in existence. Despite the canon of 24 books, the author not only did not suppress the existence of other sacred books, but attributed their composition as well to Ezra. This was a collection of 70 additional books (v. 46), whose sole difference from the 24 books was that the former were not “made public” by Ezra but handed over by him to “the wise among [the] people” (v. 47).
It is characteristic of the above witnesses that, whilst a specific number of sacred books is mentioned and a clear distinction is made between these and the remaining works of Jewish religious literature, there is nowhere any reference to the existence of an institutional body charged with the acceptance or non-acceptance of a given book to the canon. Consequently, only hypotheses can be put forward on this question. The information contained in the Talmud that the “men of the Great Synagogue”, who are identified with Ezra and his associates, worked towards the establishment of the canon, lacks a firm historical foundation. On the other hand, the insistence of all Jewish sources on the attribution of the canon’s formation to Ezra favours the view that it was not based on a decision taken by an institutional entity.
The absence of an institutional body with the final decision on canonicity, based on strict criteria, explains the uncertainty of Jewish authors of I A.D. regarding their assessment on the books not included in the canon. Thus, whilst at the end of I A.D. the canon of the Jewish Bible appears to have been formed and the canonical books were clearly distinguished from other works of Jewish religious literature, the latter were not rejected nor were they condemned as spurious. Indeed, the author of 4 Ezra endowed them with Ezra’s authority, while Josephus used them as sources in his own writings and cited them verbatim (e.g., the Additions to Esther [Antiquities of the Jews XI.216-219, 273-283], 1 Maccabees [Ant. XII.237-386, 389-432 and XIII.1-57] and 1 Ezra [Ant. XI.75] and appears to accept them as “sacred”.
The rabbinical Synod of Jamnia in Palestine (A.D. 90/100) seems to have played an important role in the demarcation of the Jewish canon. The synod did not initiate the formation of a canon but, accepting it as a given, dealt with matters concerning the public reading of specific books or parts of them, their place within the canon etc. It is a fact, however, that after this synod the books which were not included in the canon were considered ouv kei,mena (“non at hand”) that is, non existent. Thus, the rather tolerant stance of Jewish writers towards the non-included books began to alter after I A.D. The establishment of the Christian Church and the spread of Christianity played an important role in this development. The widespread use of the Septuagint Translation among Greek-speaking Jews of the dispersion facilitated the Christian mission. This resulted in the adoption of the Septuagint (LXX) by the Church as her holy Bible, without, however, any clear notion regarding the number of the books it contained. Nevertheless, the adoption of the Septuagint by the Christians led the Jewish Synagogue, due to its antagonism towards the Church, to the rejection and, ultimately, the condemnation of the LXX, and, consequently, of the books not included in the Jewish canon. The first indication of disapproval of the LXX by Judaism comes from the Christian apologist Justin Martyr in his work Dialogue with Trypho. Approximately during this same period (end of II A.D.) the list of the 24 canonical books with the names of their “authors” surfaced in talmudic tradition (Baba Bathra 14b-15a).
Despite the formation of the canon, the issue as a whole was far from resolved. The Talmud has preserved many disagreements among the rabbis related to the problem of public reading of certain books, such as Song of Solomon (Jaddajim III 5, Megilla 7a), Ecclesiastes (Jaddajim III 5, Sabbath 30a.b), Proverbs (Sabbath 30a.b), Ezekiel (Sabbath 13b, Chagiga 13a, Menachot 45a), Esther (Sanhedrin 100a) and Ruth (Megilla 7a). On the other hand, during the next several centuries the implicit recognition by Judaism of the books not included in the cannon also continued, as is demonstrated by the Talmud, which often quotes and comments upon non-canonical books.
From the above it is evident that, in Jewish literature, when mention is made of the canon of sacred books it is stated explicitly that it contained only 22 or 24 books (=39). In practice, however, there is an implicit recognition of additional books as being sacred.