Talmud
1. DEFINITION
II. ORIGIN OF THE TALMUD Since Esdras the foundation of the Jewish
religious community was the law. Everything was regulated in
accordance with fixed norms; nothing could be added or changed in the
law laid down in the Pentateuch. Yet the ever-varying conditions of
life called for new ordinances, and these were decreed in accordance
with the needs of the time and the special cases to be determined.
There were thus formed a traditional law and custom orally
transmitted. Every decree of this kind (halakha), if it had
existed from time immemorial and nothing further could be said in
regard to its origin, was called a law given to Moses on Mount Sinai.
Even for orthodox Judaism of today it is an article of faith that
Moses, at the same time that he received the written law recorded in
the Pentateuch, also received detailed explanations of the different
laws, which were handed down by tradition as oral law. In addition to
this the scribes at an early period attempted, by interpretation of
the Torah, to make the law applicable to the changed conditions of
life, to base the new precepts at least retrospectively on the Torah,
and to draw out of it further religious laws. For this kind of
Scriptural learning hermeneutic rules (Middoth) were at a later
period established, at first seven, which were then divided into
fourteen, and finally increased to thirty-two. All the older
additions to the Torah as well as the constantly increasing new
material were for a long time transmitted orally, and, according to
the prevailing view, it was forbidden to record it in writing. But it
is at all events wrong to assume that there was a formal prohibition
to record Halakhoth in writing. The prohibition probably referred to
written records intended for public use; for a fixed record of the
traditional law would have acted as a hindrance to its further
development in accordance with the existing needs of the day. It is
by no means improbable that the final reduction of the Mishna was
preceded by previous written records, especially after Rabbi Agiba,
at the beginning of the second century, had divested the study of the
law of its previous Midrash character and had undertaken to arrange
the materials systematically. Among his pupils it was probably Rabbi
Me'ir who continued these systematic labours. But of such collections
only one finally attained canonical recognition, and therefore was
called Mishna par
excellence, viz. the one edited about
the end of the second century of our era by Rabbi Jehuda I, called
Ha-nashi
(the prince) or Ha-gadosh (the saint) or
simply the Rabbi. This then is our Mishna, the basis of the
Talmud. Rabbi Jehuda had adopted only a part of the
doctrines, which in course of time had been handed down in the
different schools. Although he selected what was most important, he
sometimes omitted much that seemed important to others; and, on the
other hand, it was felt that even the unimportant should not be
allowed to sink into oblivion. In consequence, other collections soon
originated, which, though not canonical, were nevertheless highly
valued. All the Halakhoth which were not included in the Mishna of
Jehuda received the name Baraithoth (sing.
Baraitha,
"omitted doctrine"). The most important Baraitha collection is the
Tosephta. The precise brevity of expression and the
pregnant form in which the Mishna had codified the Halakhoth made an
interpretation of them necessary, while the casuistic features of the
work were a stimulus to further casuistic development. In the
profound study and explanation of its contents much weight was placed
upon the Haggada, i.e. the doctrines not included in the law
(folklore, legends, historic recollections, ethics and didactics,
etc.), of which Jehuda, who aimed to draw up a code of laws, had
taken little or no account. Everything, in fact, that tradition
offered was brought within the range of discussion. In order to give
a suitable designation to the new tendency in the teaching of the
law, scholars, up to the time of the final transcription of the
Mishna, were known as Tanna'im (sing
Tanna,
"teacher"), those who came after them, Amora'im (sing.
Amora,
"speaker"). The collection of the Amora'im, as finally recorded, was
called, as stated above, Talmud, later Gemara: that of the
Palestinian schools, the Palestinian Gemara, that of the Babylonian
schools, the Babylonian Gemara. The combined edition of the Mishna
and Gemara, or the Talmud in our sense of the word, discriminates,
therefore, between Mishna and Palestinian Gemara, or "Palestinian
Talmud", and Mishna and Babylonian Gemara or "Babylonian Talmud". The
latter is meant when the Talmud without further specification is
referred to. III. THE MISHNA (From the Hebrew word meaning "repetition",
translated by the Fathers of the Church deuterosis). The word is a
substantive formation from the Hebrew root meaning "to repeat". From
this meaning was developed, in the language of the later schools, the
characteristic method of all teaching and learning, particularly of
doctrines orally transmitted, which was accomplished by repeated
enunciation on the part of the teacher and frequent repetition on the
part of the pupil. Both expressions thus became a term for the
science of tradition, the former signifying the special study of
orally transmitted law, the latter the law itself in contrast to the
first one meaning the written law. But the expression is also used
for each of the doctrines orally transmitted, and differs from
Halakha in that the latter signifies the traditional law so far as it
is binding, while the former designates it as an object of study.
Furthermore, the word Mishna is applied to the systematic collection
of such doctrines, and finally to that collection which alone has
attained canonical recognition, i.e. the collection of Jehuda I. This
collection represents Jewish law codified in that development which
it received in the schools of Palestine up to the end of the second
century after Christ. Through it the orally transmitted law was
finally established along with the written law or the Torah. The
foundation of this collection is formed by the collections which
already existed before Jehuda, particularly that of Rabbi Me'ir. The
Mishna does not pretend to be a collection of sources of the Halakha,
but merely to teach it. Whether its fixation in writing was the work
of Jehuda himself or took place after him is a debated point; but the
former is the more probable theory. The only question then is how
much of it he wrote; in the extended form which it now presents it
could not have been written by him alone. It has evidently received
additions in course of time, and in other respects also the text has
been altered. As regards the subject matter the Mishna is
divided into six institutes or Sedarim; for this reason
Jew are accustomed to call the Talmud Shas. Each Seder has a
number (7-12) of treatises; these are divided into chapters or
Peraqim,
and each chapter into precepts. The six institutes and their
treatises are as follows: A. Seder Zera'im (harvest) Containing in eleven treatises the laws on the
cultivation of the soil and its products. (1) Berakhoth (benedictions) blessings and
prayers, particularly those in daily use. (2) Pe'a (corner),
concerning the parts of the fields and their products which are to be
left to the poor (cf. Lev., xix, 9 sq.; xxiii, 22; Deut., xxiv, 19
sq.) and in general concerning the poor laws. (3) Demai, more
properly Dammai (doubtful), concerning the fruits of the soil of
which it is doubtful whether the tithes have been paid. (4) Kil'ayim
(heterogenea), concerning the unlawful combinations of plants,
animals, and garments (cf. Lev., xix, 19; Deut. xxii, 9 sq.). (5)
Shebi'ith (seventh), i.e. Sabbatical year (Deut., xv, 1 sq.). (6)
Terumoth (heave offerings) for the priests (Num., xviii, 8 sq.;
Deut., xviii, 4). (7) Ma'asroth (tithes) for the Levites (Num.,
xviii, 21 sq.). (8) Ma'aser sheni (second tithe), (Deut., xiv, 22
sq.; xxvi, 12 sq.) which had to be spent at Jerusalem. (9) Halla
(yeast) (cf. Num., xv, 18 sq.). (10) 'Orla (foreskin) concerning
uncircumcised fruits and trees (Lev., xix, 23). (11) Bikkurim (first
fruits) brought to the temple (Deut., xxvi, 1 sq; Ex. xxiii,
19). B. Seder Mo'ed (season of feasts)
Treats in twelve treatises of the precepts
governing rest on the Sabbath, 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) Sheqalim (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 Tabernacles. (7) Beca (egg), taken from the first word with
which the treatise begins or Yom tob (feast), is concerned with the
kinds of work permitted or prohibited on festivals. (8) Rosh hashana
(beginning of the year), treats of the civil new year on the first of
Tishri (Lev., xxiii, 24 sq.; Num. xxix, 1 sq.). (9) Ta'anith (fast).
(10) Megilla (roll) of Esther, respecting the laws to be observed on
the feast of Purim. (11) Mo'ed qatan (minor feast), the laws relating
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., xvi, 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. (l) Jebamoth, levirate marriages (Deut., xxv, 5 sq.).
(2) Kethuboth ("marriage deeds" and marriage settlements). (3)
Nedarim ("vows") and their annulment. (4) Nazir (Nazarite; cf. Num.,
vi). (5) Sota ("suspected woman"; cf. Num., v, 11 sq.). (6) 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 meci'a (the middle gate), and Baba bathra (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, inheritance, and obligation. Baba Kamma treats of damages
in a narrow sense (along with theft, robbery, and bodily injury) and
the right to damages; Baba meci'a is concerned chiefly with legal
questions in regard to capital and treats finding, deposits, interest
and loans; Baba Bathra is concerned with questions of social polity
(possessions, limitations, buying and selling, security, inheritance
and documents). (4) Sanhedrin, treats of the law courts, legal
processes, and criminal justice. (5) Makkoth (stripes), treats of
punishment by stripes legally acknowledged (cf. Deut., xxv, 1 sq.).
(6) Shebu'oth (oaths). (7) 'Eduyyoth (test), containing a collection
of legal decisions gathered from the testimonies of distinguished
authorities. (8) 'Aboda Zara (idolatry). (9) 'Aboth (fathers) or
Pirqe Aboth (sections of fathers) contains ethical maxims of the
Tanna'im (200 B.C. - A.D. 200). (10) Horayoth (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 dedicated objects (1) Zebahim (animal
sacrifices). (2) Menahoth (meat offerings). (3) Hullin (things
profane) of the sacrifice of pure and impure animals and of laws
concerning food. (4) Bekhoroth (first born) of men and animals (cf.
Ex., xiii, 2, 12 sq.; Lev., xxvii, 26 sq.; Num., viii, 16 sq.; xviii,
15 sq.; Deut., xv, 19 sq.) (5) 'Arakhin (valuations), that is
equivalents to be given for the redemption of persons and things
dedicated to God (Lev., xvii, 2 sq., xxv, 15 sq.). (6) Temura
(exchange) of a sacred object (Lev., xxvii, 10-33). (7) Kerithoth
(excisions), concerning the sins punished by this penalty, and what
was to be done when anyone intentionally committed such a sin. (8)
Me'ild (violation) of a sacred object (cf. Num., v, 6 sq.; Lev., v,
15 sq.). (9) Tamid (continual sacrifice), concerning the daily
morning and evening sacrifice and the temple in general. (10) Middoth
(measurements), a description of the temple and of the temple
service. (11) Quinnim ("nest" 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 purifications. (l) Kelim (vessels), treats of the
conditions 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) Miqwa'oth (wells), the condition under which
wells and reservoirs are fit to be used for ritual purification. (7)
Nidda (menstruation). (8) Makhshirin (preparers), the conditions
under which certain articles, by coming in contact with liquids,
become ritually unclean (Lev., xi, 34, 37, 38). (9) Zabim (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)
Yadayim (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 Makkoth, 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 appended 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-called Mishna Hebrew or New Hebrew, is a fairly pure
Hebrew, not without proof of a living development -- 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 edition of the Mishna;
Obadia di Bertinoro (d. 1510), Jom Tob Lippmann Heller (d. 1654),
Jisrael Lipschutz (his Mishna with Commentary in 6 vols.,
Königsberg, 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 Conformation of the Palestinian version
is the edition of W. H. Lowe (Cambridge, 1883), after the Cambridge
manuscript. Also deserving of mention are: "Misna . . . Latinitate
donavit G. Lurenhusius" (text, Latin translation, notes, Latin
translation of Maimonides and Obadia, 6 vols., Amsterdam, 1698-1703);
"Mishnajoth", with punctuation and German translation in Hebrew
letters, begun by Sammter (Berlin, 1887 -- still incomplete); Ger.
tr. of the Mishna by Rabe (6 parts, Onolzbach, 1760-63). IV. THE PALESTINIAN TALMUD On the basic of the Mishna, juridical
discussions were continued, at first in the schools of Palestine,
particularly at Tiberias, in the third and fourth centuries. Through
the final codification of the material thus collected, there arose in
the second half of the fourth century the so-called Jerusalem, more
properly Palestinian, Talmud. The usual opinion, which originated
with Maimonides, that its author was Rabbi Jochanan, who lived in the
third century is untenable because of the names of the later scholars
which occur in it. In the Palestinian Talmud the text of the Mishna
is taken sentence by sentence, and explained with increasingly
casuistic acumen. The Baraithoth, i.e. the maxims of the Torah not
found in the Mishna, as well as the legal paragraphs are always given
in Hebrew, and so are most of the appended elucidations; the
remainder is written in a West Aramaic dialect (G. Dalman, "Grammatik
des judisch-Palastinischen Aramaisch", Leipzig, 1905). Along with the
Halakha it contains rich Haggadic material. Whether the Palestinian
Talmud ever included the entire Mishna is a matter of dispute. The
only parts preserved are the commentaries on the first four Sedarim
(with the exception of several chapters and the treatises Eduyyoth
and Aboth) and on the three first divisions of the treatise Nidda in
the sixth Seder. The supposed discovery by S. Friedländer of
treatises on the fifth Seder is based upon a forgery (cf.
"Theologische Literaturzeitung", 1908, col. 513 sq., and "Zeitschr.
d. Deutsch. Morgenlandisch. Gesellsch.", LXII, 184). The Palestinian
Talmud is generally cited by giving the treatise, chapter, page, and
column after the Venetian and Cracow editions, mostly also the line,
indicated by j (=jerus.) or pal.; e.g. pal. Makkoth, 2 Bl. 31d 56.
Many scholars cite in the same manner as for the Mishna, but this is
not to be recommended. Editions: Venice (Bomberg), 1523-24; Cracow,
1609; Krotoshin, 1866; Zhitomir, 1860-67; Piotrkow, 1900-02. French
translation by M. Schwab, 11 vols., Paris, 1879-80; I2 1890.
Several treatises are printed with Latin
translations in Ugolini, "Thesaurus antiquitatum sacrarum", vols.
XVII-XXX, Venice, 1755-65; Wunsche, "Der palastinische Talmud in
seinen haggadischen Bestandteilen ins Deutsche übersetzt"
(Zurich, 1880). V. BABYLONIAN TALMUD The Mishna is said to have been brought to
Babylon by Aba Areka, generally called Rab (d. 247), a pupil of Rabbi
Jehuda. In the schools there it became a norm of legal religious life
and a basis of juridical discussion. But while in Palestine there was
a greater tendency to preserve and propagate what had been handed
down, the Babylonian Amora'im developed their interpretation of the
law in all directions, which explains why the Babylonian Talmud
acquired a greater significance for Judaism than the Palestinian.
Thus the material grew rapidly and gradually led to a codification,
which was undertaken by R. Ashi (d. 427), head of the school at Sura,
and by R. Abina or Rabbina (d. 499), the last of the Amora im. The
scholars who lived after him (at the end of the fifth and in the
first half of the sixth centuries), called Sabora im ("those who
reflect, examine", because they weighed and also completed what had
been written by the Amora'im), are to be regarded as those who really
completed the Babylonian Talmud. Like the Palestinian, the Babylonian Talmud
does not include the entire Mishna. In the first and sixth divisions
only the treatises Berakhoth and Nidda are considered; in the second
division Shegalim is omitted, in the fourth Eduyyoth and Aboth, in
the fifth Middoth, Ginnim, and half of Tamid. It is indeed
questionable if the greater number of these treatises were included
in the Babylonian Gemara; Eduyyoth and Aboth are excluded, by reason
of the subject matter, while the remainder treat for the most part
ordinances which could not be applied outside of Palestine. The
Babylonian Talmud therefore includes only 36 1/2 treatises, but is at
least four times the extent of the Palestinian, although the latter
deals with 39 treatises. The Haggada is even more fully represented
than in the Palestinian. The language, excepting the legal paragraphs
and the quotations of the older scholars and Palestinian rabbis, is
that of the East Aramaic dialect of Babylonia (cf. Levias, "A Grammar
of the Aramaic Idiom contained in the Babylonian Talmud", Cincinnati,
1900; M.L. Margolis, "Grammatik des babylonischen Talmuds", Munich,
1910). The Babylonian Talmud is cited according to treatise, folio,
and page, as the content in nearly all the editions since that of the
third Bomberg one (1548) is the same, e.g. Berakh 22a. In these
editions there are usually appended at the end of the fourth Seder
seven small treatises, partly from Talmudic, partly from
post-Talmudic times, among which is the post-Talmudic treatise
Sopherim (directions for the writer and public reader of the Torah).
Among the commentaries the first place belongs to that of Rashi (d.
1105), completed by his grandson Samuel ben Me'ir (d. about 1174).
Chiefly of a supplementary character are the works of the Tosaphists
or authors of the Tosaphoth (additions), who
lived in France and Germany during the twelfth and thirteenth
centuries. They give amplifications and learned explanations of
certain treatises. Other commentaries are enumerated by Strack, op.
cit. infra, 149-51. The Babylonian Talmud has often been printed
but until the present time a critical edition has remained a
desideratum. Material for this purpose is furnished by Raphael
Rabbinovicz, among others, in his "Variae lectiones in Mischnam et in
Talm. Babyl.", etc. (15 vols., Munich, 1868-86); Vol. XVI was edited
by Ehrentreu (Przemysl, 1897). Serious mutilations and bungling
changes in the text were caused by the Christian censorship, at first
in the Basle edition (1578-81). The numerous bickerings among the
Jews had the further consequence that they themselves practised
censorship. The excised passages were partly collected in small
treatises, published for the most part anonymously. EDITIONS Raphael Rabbinovicz, (Ma'amar al hadpasath ha-talmud -- Munich, 1877), a critical review of the editions of
the Babylonian Talmud, as a whole or in part since 1484. The first
complete edition appeared at Venice (Bomberg), (12 vols., 1520-23).
The advantage of this edition consists in its complete character; the
text itself is full of errors. A certain reputation is enjoyed by the
Amsterdam edition (1644-48), in which the censured passages have been
as far as possible restored. The edition of Frankfort (1720-22)
served directly or indirectly as a basis for those which followed. Of
the later editions may be mentioned those of Berlin (1862-68), Vienna
(1864-72), and Vilna (1880-86). A quarto edition, the text after the
editio princeps, with the variants of the Munich manuscripts and a
German translation, was begun by Lazarus Goldschmidt in 1897. Up to
date 6 vols., containing the Institutes I, II, IV, V, and the two
first treatises of III have appeared. Unfortunately this publication
is by no means faultless. M.L. Rodkinson, "New Edition of the
Babylonian Talmud", New York, 1896; M. Mielziner, "Introduction to
the Talmud" (Cincinnati, 1894; New York, 1903); M.L. Rodkinson, "The
History of the Talmud" (New York, 1903); H.L. Strack, "Einleitung in
den Talmud" (Leipzig 1908), pp. 139-175, containing an extensive
bibliography of the Talmud and of the questions concerning it.
F. SCHÜHLEIN From the Catholic Encyclopedia, copyright
© 1913 by the Encyclopedia Press, Inc. Electronic version
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Transcribed by Scott Anthony Hibbs and Wendy Lorraine Hoffman
