The Talmud (teaching) comprises the Mishna and the Gemara. The Mishna (“learning” or “second law”) was, according to Jewish tradition, delivered to Moses on Mount Sinai. “Rabbi Levi, the son of Chama, says, Rabbi Simon, the son of Lakish, says, what is that which is written, ‘I will give thee tables of stone, and a law and commandments which I have written, that thou mayest teach them’?1 The Tables are the ten commandments; the Law is the written law; and the commandment is the Mishna; ‘which I have written’ means the prophets and sacred writings; ‘that thou mayest teach them’ means the Gemara. It teaches us that they were all given to Moses from Mount Sinai.” From Moses the Mishna was transmitted by oral tradition through forty “Receivers,” until the time of Rabbi Judah the Holy. These Receivers were qualified by ordination to hand it on from generation to generation. Abarbanel and Maimonides disagree as to the names of these Receivers. While the Temple still stood as a centre of unity to the nation, it was considered unlawful to reduce these traditions to writing. But when the Temple was burned, and the Jews were dispersed among other peoples, it was considered politic to form them into a written code, which should serve as a bond of union, and keep alive the spirit of patriotism. The Jewish leaders saw the effect of Constitutions and Pandects in consolidating nations—the advantage of written laws over arbitrary decisions. Numberless precedents of case law, answering to our common law, were already recorded: and the teachings of the Hebrew jurisconsults, or “Responsa prudentium” which were held to be binding on the people, had been preserved from former ages.

All these traditions Rabbi Judah the Holy undertook to [pg 004] reduce into one digest. And this laborious work he completed about a.d. 190, or more than a century after the destruction of Jerusalem by Titus. Rabbi Judah was born on the day that Rabbi Akibah died. Solomon is said to have foretold the event: “One sun ariseth, and one sun goeth down.” Akibah was the setting and Judah the rising sun. The Mishna of Rabbi Judah, afterward revised by Abba Areka in Sura, is the text of the Babylon Talmud. The commentaries written on this text by various Rabbis in the neighborhood of Babylon, until the close of the fifth century, are called the Gemara (completion), and are published in twelve folio volumes, called the Babylon Talmud—the Talmud most esteemed by the Jews. The Jerusalem Talmud contains commentaries written partly by Rabbis in Jamnia and partly in Tiberias, where they were completed by Rabbi Jochanan in the beginning of the fourth century. As now published it has only four out of the six orders or books of the Mishna, with the treatise Niddah from the sixth. In the time of Maimonides it contained five orders. On twenty-six treatises it has no Gemara, though in the treatise on shekels the Gemara of Jerusalem is used for the Babylon Talmud. The six books of the Mishna are subdivided into sixty-three treatises, in the following manner:

Book I

This book, called Order of Seeds, contains the following treatises:

1. “Blessings,” together with prayers and thanksgivings, with the times and places in which they are to be used.

2. “A Corner of a Field” (Lev. xxiii. 22; Deut. xxiv. 19) treats of the corners of the field to be left for the poor to glean them—the forgotten sheaves, olives, and grapes—and of giving alms, etc.

3. “Doubtful” treats of the doubt about the tithes being paid, as the Jews were not allowed to use anything without its being first tithed.

4. “Diversities” (Lev. xix. 19; Deut. xxii. 9–11) treats of the unlawful mixing or joining together things of a different nature or kind—of sowing seeds of a different species in one [pg 005] bed—grafting a scion on a stock of a different kind, suffering cattle of different kinds to come together.

5. “The Sabbatical Year” (Exod. xxiii. 11; Lev. xxv. 4) treats of the laws which regulated the land as it lay fallow and rested.

6. “Heave Offerings” (Num. xviii. 8) treats of separating the heave offering—who may eat it, and who may not eat of it—of its pollutions, etc.

7. “The First Tithes” (Lev. xxvii. 30; Num. xviii. 28) treats of the law of tithes for the priests.

8. “The Second Tithes” (Deut. xiv. 22; xxvi. 14) treats of those which were to be carried to Jerusalem and there eaten, or to be redeemed and the money spent in Jerusalem in peace offerings.

9. “Cake of Dough” (Num. xv. 20) treats of setting apart a cake of dough for the priests; also, from what kind of dough the cake must be separated.

10. “Uncircumcised Fruit” (Lev. xix. 23) treats of the unlawfulness of eating the fruit of any tree till the fifth year. The first three years it is uncircumcised; the fourth year it is holy to the Lord; the fifth year it may be eaten.

11.

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