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I. THE TALMUDICAL LITERATURE 1. The Mishna
ОглавлениеThe word מִשְׁנָה(stat. construct. מִשְׁנַת, varied from מִשְׁנֶה, stat. construct. מִשְׁנֵה) has generally been rendered by the Church Fathers by δευτέρωσις. This is correct, inasmuch as the verb שָׁנָה, according to its root significance, means δευτεροῦν, to repeat. But in later usage “to repeat” came to be equivalent to “the teaching or learning of the oral law,” traditiones docere or discere. For the mode of imparting such instruction was by the teacher dictating the matter again and again to the pupils, or even by the pupils themselves being made to repeat it over and over again. Hence מִשְׁנָה, which properly means “repetition,” came to be regarded as signifying the doctrine of the law, and even the doctrine of the oral law as distinguished from the written Thora.
The work specially designated by the name Mishna is the oldest codification of the traditional Jewish law that has come down to us. The material is here arranged according to its contents, distributed into six groups (סְרָרִים), containing altogether sixty tracts (מַסִּכְתּוֹת, sing. מַסֶּכֶת). In our printed editions, by subdivision their number is increased to sixty-three. Each tract, again, is divided into chapters (פְּרָקִים); each chapter into paragraphs (מִשְׁנִיוֹת). The chapter division is very old; but the position and numbering of paragraphs is modern, and in the printed editions vary very considerably from those of the manuscripts.—The language of the Mishna is Hebrew; its contents, as we might expect, almost purely Halachic. Only two tracts, Aboth and Middoth, are Haggadic; and besides, Haggadic elements, to a small extent, are found in the conclusion of the tracts, or in the explanation of particular Halachas.
The names and contents of the sixty-three tracts are as follows:—
First Seder, ס׳ זְרָעִים
1 Berachoth, בְּרָכוֹת, on formulae of blessings and prayers.
2 Pea, פֵּאָה, on the corners of fields which in harvest must be left unreaped for the poor; and generally on the right of the poor in the produce of the soil, according to Lev. 19:9, 10, 23:22; Deut. 24:19–22.
3 Demai, דְּמָאִי, on the treatment of the fruit, especially about anything where it is doubtful whether it ought to be tithed or not.
4 Kilajim, כִּלְאַיִם, on the illegal mixing of what is heterogeneous in the animal and vegetable kingdoms, and in clothing, according to Lev. 19:19; Deut. 22:9–11.
5 Shebiith, שְׁבִיעִית, on the Sabbatical year.
6 Terumoth, תְּרוּמוֹת, on the dues of the priests.
7 Maaseroth, מַעֲשֵׂרוֹת, on the tithes of the Levites.
8 Maaser sheni, מַעֲשֵׂר שֵׁנִי, on secondary tithes, which are taken after the payment of the first tithes, and must, according to Deut. 14:22 ff., be paid at Jerusalem.
9 Challa, חַלָּה, on the dough offerings, a 1-24th of the baking for home use, and 1-48th of the baking for sale, which, according to Num. 15:17 ff., is to be given to the priests.
10 Orla, עָרְלָה, on the prohibition against using the fruits of newly-planted trees during the first three years, according to Lev. 19:23–25.
11 Bikkurim, בִּכּוּרִים, on the presenting of the firstlings of the produce of the ground.
Second Seder, ס׳ מוֹעֵד
1 Shabbath, שַׁבָּת, on the Sabbath festival.
2 Erubin, עֵרוּבִין, on the binding together of separate localities for the purpose of freer movement on the Sabbath.
3 Pesachim, פְּסָחִים, on the Passover festival.
4 Shekalim, שְׁקָלִים, on the half-shekel tax, Ex. 30:11 ff.; Matt. 17:24.
5 Yoma, יוֹמָא, on the “day,” that is, the great day of atonement.
6 Sukka, סֻכָּה, on the Feast of Tabernacles.
7 Beza, בֵּיצָה, or Yom tob, יוֹם טוֹב, whether one may eat an egg laid on a feast day, and generally on the observance of feast and Sabbath days.
8 Rosh Hashana, ראֹשׁ הַשָּׁנָה, on the New Year festival.
9 Taanith, תַּעֲנִית, on the days of fasting and mourning.
10 Megilla, מְגִלָּה, on the reading of the “roll,” that is, of the book of Esther, and generally on the Feast of Purim.
11 Moed katan, מוֹעֵד קָטָן, on the feast days intervening between the first and last feast days of the great festivals.
12 Chagiga, חֲגִיגָה, on the duty of appearing at Jerusalem to offer at the three great festivals.
Third Seder, ס׳ נָשִׁים
1 Jebamoth, יְבָמוֹת, on levirate marriage with the brother-in-law, according to Deut. 25:5–10.
2 Kethuboth, כְּחוּבוֹת, on marriage contracts.
3 Nedarim, נְדָרִים, on vows, especially with reference to their validity in the case of women, according to Lev. 27. and Num. 30.
4 Nasir, נָזִיר, on the Nazarite vow, according to Num. 6. and 30.
5 Sota, סוֹטָה, on proceeding against one suspected of adultery, according to Num. 5:11–31.
6 Gittin, נִּטִּין, on writings of divorcement (נֵּט), and what gives legal claim to the obtaining of a divorce.
7 Kiddushin, קִרּוּשִׁין, on betrothal.
Fourth Seder, ס׳ נְזִיקִין
1 Baba Kamma, בָּבָא קַמָּא, “the first gate,” the first division of the threefold treatise on injuries, treating of the legal damages due for various kinds of injuries done by one to another.
2 Baba mezia, בָּבָא מְצִיעָא, “the middle gate,” treats of complaints and claims, especially between masters and slaves, employers and employed, borrowers and lenders.
3 Baba bathra, בָּבָא בתְרָא “the last gate,” on the municipal regulations most influential upon the development of social life.
4 Sanhedrin, סַנְהֶדְרִין, on the Sanhedrim and the criminal law.
5 Makkoth, מַכּוֹת, on punishment by flogging.
6 Shebuoth, שְׁבוּעוֹת, on oaths and offences against sanctity.
7 Edujoth, עֵדֻיּוֹת, “witnesses,” contains controverted propositions from all departments; the traditional validity is “witnessed to” by celebrated authorities.
8 Aboda sara, עֲבוֹדָה זָרָה, on idolatry and generally on heathenism.
9 Aboth, אָבוֹת, or Pirke Aboth, פִּרְקֵי אָבוֹת, a collection of sentences from the most famous scribes, dating from somewhere about B.C. 200 to A.D. 200.
10 Horayoth, הוֹרָיוֹת, decisions on unintentional offences caused by erroneous decisions of the Sanhedrim, and on unintentional offences of the high priests and princes.
Fifth Seder, ס׳ קָדָשִׁים
1 Sebachim, זְבָחִים, on sacrifices.
2 Menachoth, מְנָחוֹת, on meat-offerings.
3 Chullin, חוּלִּין, on the right method of slaying animals not to be offered, and on the eating thereof.
4 Bechoroth, בְּכוֹרוֹת, on the sanctifying of the first-born among men and cattle.
5 Arachin, עֲרָכִין, “treasures,” treating, according to Lev. 27., of the redemption of persons and things which had been devoted to the service of the sanctuary, or had so devoted themselves.
6 Temura, תְּמוּרָה, on the exchanging of things devoted to God, Lev. 27:10.
7 Kerithoth, בְּרִיתוֹת, on the penalty of extermination, or rather what those have to do who have unintentionally broken a command which involves the penalty of utter destruction.
8 Meila, מְעִילָה, on the embezzlement of things devoted to God, Num. 5:6–8.
9 Tamid, תָּמִיד, of daily morning and evening sacrifices, and generally of the daily temple service.
10 Middoth, מִדּוֹת, of the size and arrangements of the temple.
11 Kinnim, קִנִּים, of the offerings of doves by the poor, according to Lev. 5:1–10 and 12:8.
Sixth Seder, ס׳ טָהֳרוֹת
1 Kelim, כֵּלִים, on household furniture and its purifying.
2 Ohaloth, אֹהָלוֹת, on the defilement of tents and houses, specially by the dead, according to Num. 19.
3 Negaim, נְגָעִים, on leprosy.
4 Para, פָּרָה, on the red heifer, that is, on atonement for pollution contracted from the dead, according to Num. 19.
5 Tohoroth, טָהֳרוֹת, of the lesser kinds of defilements.
6 Mikwaoth, מִקְוָאוֹה, of the water fitted for bathing and washing.
7 Nidda, נִדָּה, of the defilement peculiar to the female sex.
8 Machshirin, מַכְשִׁירִין, properly “making fit,” treating of the liquids which, falling upon fruits, render or do not render them impure, according to Lev. 11:34, 38.
9 Sabim, זָבִים, on the running of ulcers and bloody issues.
10 Tebul yom, טְבוּל יוֹם, treats of the defilement which is removed by bathing, but requires isolation until the going down of the sun.
11 Yadayim, יָדַיִם, on the pollution and the cleansing, washing of the hands.
12 Ukzin, עוּקְצִין, on the defilement of fruits through their stalks and rinds or husks.
Tolerably sure results in regard to the age and origin of this work may also be gained from certain indications given iu the text itself. In innumerable instances, where the opinions of scholars on particular points of law are divergent, not only is the view of the majority given, but the views of the dissenting scholar or scholars, with the distinct mention of the names. In this way somewhere about 150 authorities are quoted in the Mishna; the most, indeed, only very seldom, but some almost through all the tracts. The most frequently cited authorities are the following:—
First Generation, from about A.D. 70 to A.D. 100
Rabban Jochanan ben Sakkai, 23 times.—R. Zadoc or Zadduc.—R. Chananya, president of the priests, סגן הכהנים, 12 times.—R. Elieser ben Jacob.
Second Generation, from about A.D. 100 to A.D. 130
A. Older Group: Rabban Gamaliel II., 84 times.—R. Josbua [ben Chananya], 146 times.—R. Elieser [ben Hyrcanos], 324 times.—R. Eleasar ben Asarya, 38 times.—R. Dosa ben Archinos, 19 times.—R. Eleasar, son of R. Zadduc.
B. Younger Group: R. Ishmael, 71 times.—R. Akiba [ben Joseph], 278 times.—R. Tarphon, 51 times.—K. Jochanan ben Nuri, 38 times.—R. Simon ben Asai, or simply Ben Asai, in the one form 4, in the other 21 times.—R. Jochanan ben Beroka, 11 times.—R. Jose the Galilean, 26 times.—R. Simon ben Nannos, or simply Ben Nannos, in each of these forms 5 times.—Abba Saul, 20 times.—R. Judah ben Bethera, 16 times.
Third Generation, from about A.D. 130 to A.D. 160
R. Judah [ben Ilai, or more correctly Elai], 609 times.—R. Jose [ben Chalephta], 335 times.—R. Meir, 331 times.—R. Simon [ben Jochai], 325 times.—Rabban Simon ben Gamaliel II., 103 times.—R. Nehemiah, 19 times.—R. Chananya ben Antigonos, 13 times.
Fourth Generation, from about AD. 160 to A.D. 200
Rabbi [i.e. R. Juda ha-Nasi or ha-kadosh], 37 times.—R. Jose, son of R. Judah [ben Elai], 14 times.
The chronology which has been here adopted, while in its leading outlines perfectly certain, cannot be vouched for in every individual case. The fact that the men enumerated in the same generation were really contemporary with one another, is evidenced by the circumstance of their being more or less frequently referred to in the Mishna as disputing with one another. Thus, for example, we find Rabban Gamaliel II., R. Joshua, R. Elieser, and R. Akiba frequently engaged together in conversation and discussion, and that, indeed, with such indications as show that R. Akiba was a younger contemporary of the three previously named. So, too, we often find disputing with one another, R. Judah, R. Jose, R. Meir, and R. Simon. And in a similar way in respect to other scholars mentioned here, it can be determined with more or less certainty to which of the four generations each belonged.—But further, also, the succession of the generations can be ascertained by similar statements in the Mishna. R. Joshua and R. Elieser were pupils of Rabban Jochanan ben Sakkai; also, R. Akiba is so described. The men of the third generation, too, are linked on with the men of the second by personal relationships, etc.—Finally, we are furnished with various outstanding points for the sure determination of an absolutely correct chronology. Rabban Jochanan ben Sakkai is said to have made various arrangements “after the temple had been destroyed;” he was therefore alive immediately after that event. With this also agrees the statement that Akiba, who was about a generation younger, was a contemporary of Barcochba and a martyr during the war of Hadrian. In a like manner we may deal with the rest.
Our statistics, then, have thus proved that the Mishna must have been collected and edited toward the end of the second century after Christ, for in a later composition it might be expected that more recent authorities would have been employed. In fact, the composition of the work has been ascribed to E. Judah ha-Nasi, or ha-kadosh, called also simply Rabbi, who lived at the end of the second century after Christ. But our statistics teach us something more even than this. It is clear that a couple of thousand of statements about the views of particular scholars could not have been transmitted by oral traditions. If in a work issued toward the end of the second century, by various scholars of earlier generations, even a couple of hundred particular decisions were communicated (by R. Judah ben Elai over six hundred!), there must have been written sources at their command. But the result of our statistics makes it probable that the final redaction had been preceded by two earlier summaries of written documents, one from the age of the second generation, and one from the time of the third generation. Certain phenomena in the text of the Mishna itself favour this theory, as well as some rather obscure and doubtful traditions. The opinion, still firmly maintained by many Jewish scholars, that written documents are not to be found before the time of Judah ha-Nasi, indeed not even in his days, is based upon the assumed prohibition of a written record of the Halacha, of which, however, the age and range of application are extremely uncertain.—At any rate this much is beyond dispute, that in the Mishna the Jewish law is codified in that form which it retained in the schools of Palestine from the end of the first to the end of the second century after Christ.