TALMUD
437
TALMUD
treatises of the precepts governing rest on the Sab-
bath, the other feast and holy days, as well as fast
days. (1) Shabbath. (2) 'Erubin (combinations), the
means by which one could circumvent especially
onerous provisions of the Sabbath laws. (3) Pesahim
(Passover). (4) Sheqnlim (shekels), treats of the tax
of half a shekel for the maintenance of Divine service
in the temple (cf. Neh., x, 33), based upon Ex., xxx,
12 sq. (5) Yoma (day), i. e. day of expiation. (6)
Sukka (Tabernacle), treats of the feast of Taber-
nacles. (7) Beca (egg), taken from the first word
with which the treatise begins or Yom lob (feast), is
concerned with the kinds of work permitted or pro-
hibited on festivals. (8) Rosh haahana (beginning
of the year), treats of the civil new year on the first
of Tishri (Lev., xxiii, 24 sq.; Num., xxix, 1 sq.). (9)
Tdanith (fast). (10) Megilla (roll) of Esther, re-
specting the laws to be observed on the feast of
Purim. (11) Mo'ed qatan (minor feast), the laws re-
lating to the feasts intervening between the first and
last days of the Passover and Sukkoth. (12) Hagiga
(feast-offering), treats (chaps, i and iii) of the duty of
pilgrimage to Jerusalem and the private offerings on
such occasions (cf. Deut., W'\, 16 sq.).
C. Seder Nashim (women), elucidates in seven treatises the laws of marriage and all pertaining thereto, vows, and the marriage laws of the Nazarites.
(1) Jebamoth, levirate marriages (Deut., xxv, 5 sq.).
(2) Kelhuboth ("marriage deeds" and marriage set- tlements). (3) Nedarim ("vows") and their annul- ment. (4) Nazir (Nazarite; cf. Num., vi). (.5) Sola ("suspected woman"; cf. Num., v, 11 sq.). (Ci) Gittin (letters of divorce ; cf . Deut ., xxiv, 1 sq.) . (7) Giddushin (betrothals).
D. .Seder Nezigin ("damages"), explains in eight treatises civil and criminal law. In this institute are included the Eduyyoth, a collection of traditions, and the Haggadic treatise, Aboth.
The treatises 1-3, Baba Kamma (the first gate), Baba tnefia (the middle gate), and Baba balhra (the last gate), originally formed a single treatise, the subdivision of which was caused by its great length (30 chaps.). They treat of the laws of property, in- heritance, and obUgation. Baba Kamma treats of damages in a narrow sense (along with theft, robbery, and bodily injury) and the right to dam- ages; Baba megi'a is concerned chiefly with legal questions in regard to capital and treats finding, de- posits, interest and loans; Baba Balhra is concerned with questions of social pohty (possessions, limita- tions, buying and selling, security, inheritance and documents). (4) Sanhedrin, i. e. ffw^Spioi', treats of the law courts, legal processes, and criminal justice.
(5) Makkolh (stripes), treats of puni.shmcnt by stripes legally acknowledged (cf. Deut., xxv, 1 sq.).
(6) Shebu'oth (oaths). (7) 'Eduyynlh (test), con- taining a collection of legal decisions gathered from the testimonies of distinguished authorities. (S) 'Abnda Znra (idolatry). (9) 'Aholh (fathers) or Birqe Aboth (.sections of fathers) contains ethical maxims of the Tanna'im. (20(J B. c.-\. D. 200). (10) Horayolh (decisions), concerning legal decisions and religious questions which were erroneously rendered.
E. Seder Qodashim (sacred things), treats in twelve treatises of the .sacrifices, temple service, and dedi- cated objects (1) Zehahim (animal sacrifices). (2) Mennholh (meat offerings). (3) HulUn (things profane) of the sacrifice of pure and impure animals and of laws concerning food. (4) Bekhorolh (first bom) of men and animals (cf. Ex., xiii, 2, 12 sq.; Lev., xx^'ii, 26 sq.; Num., viii, 16 sq.; xviii, 1.5 sq.; Deut., XV, 19 sq. (.5) ' Arakhin (v.aluations), that is equivalents to be given for the redemption of persons and things dedicated to God (I^ev., xvii, 2 sq., xxv, 1.5 sq.). (6) Temura ^exchange) of .a sacred object (Ley., xx^-ii, 10-33). (7) Krrilhoth (excisions), con- cerning the sine punished by this penalty, and
what was to be done when anyone intentionally com-
mitted such a sin. (8) Mc'ild (violation) of a
sacred object (cf. Num., v, 6 sq.; Lev., v, 15 eq.).
(9) Tamid (continual sacrifice), concerning the
daily morning and evening sacrifice and the temple
in general. (10) Middolh (measurements), a de-
scription of the temple and of the temple service.
(11) Quinnim ("nests" of birds), of the sacrifices of
doves by the poor (Lev., i, 14 sq.; xii, 8).
F. Seder Teharoth (purifications), treats in twelve treatises of the ordinances of cleanness and of puri- fications. (1) Kelim (vessels), treats of the condi- tions under which domestic utensils, garments, etc., become unclean. (2) Ohaloth (tents) of the defilement of dwellings by a corpse (Num., xix, 14 sq.). (3) Nega'im (leprosy). (4) Para (red heifer; cf. Num., xix). (5) Teharoth (purifications) (euphemistically), treats of the lesser degrees of defilement lasting only till sunset. (6) Miqwdoth (wells), the conditions under which wells and reser- voirs are fit to be used for ritual purification. (7) Nidda (menstruation). (S) Makhshirin (preparers), the conditions under which certain articles, by coming in contact with hquids, become ritually unclean (Lev., xi, 34, 37, 38). (9) Zahim (persons afflicted with running issues; cf. Lev., xv). (10) Tebul yom (immersed at day), i. e. the condition of the person who had taken the ritual bath, but who has not been perfectly purified by sunset. (11) Ya- ddyim (hands), treats of the ritual uncleanness of the hands and their purification. (12) 'Uqcin (stalks) of fruits and shells and their ritual uncleanness.
In our editions the number of treatises is sixty- three; originally there were only sixty, because the four paragraphs of the treatise Baba kamma, Baba bathra, Baba meci'a, likewise Sanhedrin and Mak- koth, formed only one treatise. The Mishna exists in three recensions: in the manuscripts of editions of the separate Mishna, in the Palestinian Talmud in which the commentaries of the Amora'im follow short passages of the Mishna, and in the Babylonian Talmud, in which the Gemara is apjiendcd to an entire chapter of the Mishna. The contents of the Mishna, aside from the treatises Aboth and Middoth, are with few exceptions Halakhic. The language, the so-callcil Mishna Hebrew or New Hebrew, is a fairly pure Hebrew, not without proof of a living develop- ment — enriched by words borrowed from Greek and Latin and certain newly-created technical expressions, which seem partly developed as imitations of Roman legal formulas. The Mishna is cited by giving the treatise, chapter, and precept, e. g. 'Berakh, i, 1.
Among the commentators of the whole Mishna the following deserve special mention: Maimonides, the Hebrew translation of whose Arabic original is printed in most editions of the Mishna; Obadia di Bertinoro (d. 1510), Jom Tob Lippmann Heller (d. 1654), Jisrael Lipschiitz (his Mishna with com- mentary ^NT" niNCn (6 vols., Kcinigsberg, 1830-50).
The first edition of the complete Mishna was at Naples in 1492. Texts with Hebrew commentaries exist in great numbers. Of importance as a confirma- tion of the Palestinian version is the edition of W. H. Lowe (Cambridge, 1883), after the Cambridge manu- script. Also deserving of mention are: "Misna . . . Latinitate donavit G. Lurenhusius" (text, Latin translation, notes, Latin translation of Maimonides and Obadia, 6 vols., Amsterd.am, 1(59.8-1703); "Mish- najoth", with punctuation and German translation ini Hebrew letters, begun by Sammter (Berlin, 1887 — j still incomplete); Ger. tr. of the Mishna by Rabe (6 parts, Onolzbach, 1760-63).
IV. The Pale.stinian Talmud. — On the basis of the Mishna, juridical discussions were continued, at first in the schools of Palestine, partioilarly at Tibe- rias, in the third and fourth centuries. Tlirough the final codification of the material thus collected, there
