B1 HTr .5 EfT v. 19-JLO CAVEN LIBRARY KNOX COLLEGE TORONTO K Af *.">> t v.. THE HISTORY OF THE TALMUD ffrom tbe Tlime of 200 35. C. t up 1Fts formation, about to tbe DIVIDED INTO present Tlime TWO VOLUMES VOLUAiE ITS DEVELOPMENT AND THE PERSECUTIONS SINCE BIRTH UP TO DATE, INCLUDING ALL RELIGIOUS DISPUTES AND BRIEF BIOGRAPHIES OF THE SEPARATED SECTS I. VOLUME II. NEW ITS THE HISTORICAL AND LITERARY INTRODUCTION TO THE WITH ILLUSTRATIONS EDITION: ETHICS, METHOD, CRITICISM, ETC. BY MICHAEL L. Volume RODKINSON I. (XIX.) CAVM4 KNOX COUEGf TORONTO COPYRIGHT, MICHAEL L. 1903, BY RODKINSON THE REV. MICHAEL L. RODKINSON, D. T. TO HIM WHO IS A LIBERAL DONOR TO ALL PHILANTHROPIC INSTITUTIONS A FRIEND OF ISRAEL S PUREST IDEALS, LITERATURE AND RELIGION ADOLPH LEWISOHN, THIS BOOK IS MOST RESPECTFULLY DEDICATED BY THE AUTHOR MICHAEL NEW YORK, IN ESQ. MONTH L. ELUL, SEPTEMBER RODKINSON IST, 1903 PREFACE. THE ancient authors used to begin the prefaces to their works with the proverb Sepher be Lo Hakdamha keguph be " Lo which means book without a preface is a without soul"; and, indeed, this proverb body remains forever true. At the time we began our translation of the Talmud, we were aware that to the study of it a clear preface which should explain its nature and the character of the sages mentioned in it was necessary, as without it there would be great difficulty for students in catching the real meaning, and in some places the reader would be confused, not being aware of its history and of the names mentioned who these were and when they existed. With this in mind, we had already prepared the present work in 1897, when only a few volumes of our translation had been issued. Although we gave a brief general introduction to the first volume of the translation, and also some prefaces and introductions in the succeeding volumes, they do not suf fice for the student who desires to have a clear idea of all that he is studying. nechamaha," "A similar to a However, the translation has taken up so much of our time it has hitherto been impossible for us to look up every thing pertinent to our purpose that has been written and to submit it in presentable form. Now, after the completion, with the Divine help of the two large sections, containing twenty-seven tracts, and in response to many inquiries from the that reading public for some explanations, we find that now is the time to put forth this work; and, instead of adding two more volumes to the translation of the Talmud in the current year, we have decided " to furnish the History of the Talmud." It may be inferred that two volumes which form our what was written several years ago had has to be thoroughly revised and corrected, according to the literature which has appeared since that time. There is an PREFACE. vi Me Koshe Atika old witticism, Chadtha"; i.e., "It is difficult to correct an old thing than to write a new one " more " as a matter of fact, has taken a great deal of time to it ; and, make the necessary changes and corrections in what we had written. As a natural consequence, the work is enlarged, and many chapters have been added since the issue of our prospectus. All this concerns the first volume of this work, as it relates to the Talmud the history of new information. little sertations much only, as to which there has been True there have been some new dis on the Talmud in Germany, but they do not add it, and may therefore be to our knowledge concerning ignored. The second volume, however, we have had to recast and In this labor the wonderful work of that western which was recently extinguished we mean the Rev. Dr. light rewrite. Talmud," which has reached a second edition and has been so favorably received by all stu dents of both continents, was of great service to us. As Dr. Mielziner s work contains essentially all that concerns the Tal Mielziner "Introduction mud we itself, to the resolved to take introduction, adding it as a text for our historical and abating as we deemed necessary. We have done so, also, with the second part, "The Ethics of the Talmud," which he arranged so admirably. Here, also, we our have added whatever, according to knowledge, there was left for us to bring to the attention of the reader. Now, the work being finished, we regard it as a suitable preface to our translation and one which will enlighten the understanding of the reader in many places. At the same time, it seems to us to be interesting to the general reader who has neither time nor inclination for the study of the Talmud. This is all we need say in the preface, referring the reader for more details to our introduction, which follows. THE AUTHOR. NEW YORK, September, 1903. CONTENTS OF VOLUME I. PAGE .... PREFACE INTRODUCTION v ... J CHAPTER I. THE SAMARITANS. TALMUD." OF THE NAME ANTIOCHUS EPIPHANES. THE SADDUCEES THE ORIGIN " . CHAPTER 5 . II. OF THE TALMUD DURING THE LAST CEN TURY OF THE SECOND TEMPLE S EXISTENCE (i.e. THE THE DEVELOPMENT FIRST A.C.) SHEMAIA. ABTALIAN. HILLEL. SHAMMAI. THE PRINCES (NASIS) OF ISRAEL. R. JOHANAN B. ZAKKAI. SANHEDRIN OF JAMNIA. THE JEWISH CHRISTIANS . CHAPTER 7 III. OF THE TEMPLE. THE FALL OF BETHEL. OF THE SAGES OF THE TALMUD, TILL THE WRITING OF THE MISHNA IN THE BEGINNING OF THE THE DESTRUCTION THE MASSACRE THIRD CENTURY . .10 . CHAPTER IV. THE THIRD CENTURY. THE ARRANGEMENT OF THE MISHNAS. THE TALMUDIC COLLEGES OF PALESTINE AND BABYLONIA. CHAPTER 13 V. THE TALMUD OF JERUSALEM, THE TALMUD OF BABYLONIA, THE CHARACTER OF THEIR HALAKHA AND HAGADA, THE DATES OF THEIR COMPLETION AND THEIR SYSTEMAT.ZAX TION CHAPTER 7 VI. OF THE TALMUD IN THE PERSIAN AND BY ZANTINE EMPIRES IN THE SIXTH CENTURY AFTER THE CLOSE OF THE TALMUD THE PERSECUTIONS 23 CONTENTS. viii CHAPTER VII. PAGE THE EIGHTH CENTURY. THE DOMINION OF THE GAONIM. THE OPPOSITION OF THE KARAITES. THE ESTABLISHMENT OF A SECT OF THAT NAME CHAPTER ISLAM AND ITS INFLUENCE ON THE VIII. .... TALMUD CHAPTER 25 33 IX. THE VICTORY OF KARAISM OVER THE SPIRITUAL DOMINION OF THE TALMUD AND THE MIND OF THE JEWISH NATION. THE LAST GAONIM AT SURA AND PUMBEDITHA. THE CENTRE OF TALMUDIC STUDY TRANSFERRED FROM MESO POTAMIA TO SPAIN. THE SCHOLARS OF KAIRUBAN. THE PERIOD OF THE GREATEST DIFFUSION OF TALMUDIC STUDY 36 THE SPANISH WRITERS. CHAPTER X. A BRIEF SURVEY OF THEIR WRITINGS RELATING TO THE TALMUD CHAPTER 43 XI. THE SCHOLARS OF GERMANY AND OF NORTHERN FRANCE, AND WHAT THEY CONTRIBUTED TO THE STUDIES OF THE TAL MUD CHAPTER THE DOCTORS OF FRANCE. XII. AUTHORS OF THE TOSPHOTH CHAPTER . . . .... 76 XV. POLEMICS WITH MUSSULMANS AND THE DISPUTES WITH THE FRANKISTS , 61 XIV. REUCHLIN, PFEFFERKORN, AND THE TALMUD IN THE SIX TEENTH AND SEVENTEENTH CENTURIES CHAPTER 57 XIII. RELIGIOUS DISPUTES OF ALL PERIODS CHAPTER 50 99 CONTENTS. CHAPTER ii XVI. PAGE THE PERSECUTIONS OF OF THE SEVENTEENTH CENTURY, THE WHOM WAS JOHANN ANDREAS EISENMENGER CHAPTER . . IN THE 106 XVIII. THE AFFAIR OF RHOLING-BLOCK CHAPTER 104 XVII. THE POLEMICS AND THE ATTACKS UPON THE TALMUD NINETEENTH CENTURY CHAPTER HEAD 109 XIX. EXILARCHS; THE TALMUD AT THE STAKE AND ITS DEVELOP MENT AT THE PRESENT TIME APPENDIX 115 A. i TO 18 CONTAINS EIGHTEEN EXPLANATORY NOTES TO THE TEXT No. 19 CONTAINS AN EXTRACT OF THE CONCLUSION OF OUR REVIEW TO DR. KOPF S BOOK, MENTIONED IN TEXT No. 20 CONTAINS A TRANSLATION OF A FEW PAGES OF OUR BOOK, DER SCHULCHAN ARUCH UND SEINE BEZIEHUNGEN ZU DEN JUDEN UND NlCHTJUDEN," CONCERNING THE TRIAL BEFORE THE LANDESGERICHTE," AT MUNSTER, DEC. 10, 1883, ABOUT THE ACCUSATION OF THE TALMUD Nos. . . . . 121 125 " " AND SCHULCHAN ARUCH 126 No, 21 LETTER OF THE THEOLOGICAL SEMINARY No. 22 JEWISH ENCYCLOPAEDIA APPENDIX . 136 136 B. CHAPTER VII. (KARAITES). THE BELIEFS OF SADDUCEES, KARAITES, AND OF THE REFORMED JEWS, AND ALSO ABOUT RESURRECTION CRITICISM TO 138 INTRODUCTION. The persecutors from the first of the century B.C., Talmud during the period ranging when it began to take form, to the present day, have varied in their character, objects and actions. In one respect, however, they all agreed, namely, in their general wish to destroy its existence. Careful consideration of its many vicissitudes certainly justifies the assertion that the Talmud is one of the wonders of the world. During the twenty centuries them has passed without great and enemies with each other and exhausting every powerful vying effort to destroy it still it survived in its entirety, and not only has the power of its foes failed to destroy even a single line, of its existence not one of ; but it has not even been able materially to weaken its influ ence for any length of time. It still dominates the minds of a whole people, who venerate its contents as divine truth, and countless numbers have sacrificed it from perishing. their lives and their posses sions to save A review of persecutors, before going into their history They are the Seleucidae, in the time of its would not be amiss. Antiochus Epiphanes, the Roman Emperor Nero, Domitian, Hadrian, etc., the Samaritans, the Sadducees, Boethuseans, the followers of Jesus, and all the sects opposed to the Pharisees. Before the development of the Talmud had been completed, when hardly a single section had been arranged systematically and written down, it having been known merely as oral teach ing in the mouths of the sages, and reconsidered and analyzed constantly by their disciples in the colleges, it was violently at tacked. But no sooner had the Talmud been completed in Bab ylonia, and the Saburites had put their seal upon it, so to speak, deciding that nothing was to be added to or substracted from, when Justinian decreed practically its death that is to say, ; what amounted those to the same who were occupied thing, capital in its study (550) Karaites, in the days of the Gaonim, who . punishment to all Then followed the seriously threatened INTRODUCTION. 2 Time and time again they triumphed over Taland were near making an end of the Talmud and mudic Rabbis of them. The Rabbis next encountered the Popes. From the time of Pope Innocent III., the Talmud was burned at the stake in nearly every century from the i ith to the 1 8th, in Italy, France, Germany, Spain, and many other countries, and in the 1 8th, also in Poland by the Frankists, by Bishop Dembovski, where copies were dragged through the streets of the city, tied to horses tails and then delivered to the executioner to be burned at the stake in Kamenetz, Lemberg, Brody and else where. In most places, before it was resolved what was to be done with Talmud, the Israelites were forced to dispute with its enemies, and had to pay heavy fines for arriving late to the its existence. dispute, as well as for being vanquished in argument, the judges being their enemies. Still what has been the result ? The Tal mud exists to-day, and not one letter in it is missing. It is true, the persecutions against it are not yet at an end accusations and calumnies by its enemies, under the new name of antiSemites, are still directed against it, while the government of ; Russia legislates against and restricts the rights of the nation which adheres to the Talmud. No modern persecutions, how ever, can seriously endanger its existence, and it would appear that the Talmud will also survive them and continue as long as the sky spans the earth. A desire to know all that has befallen the Talmud and all its vicissitudes since its inception would require the reading of all the scattered passages in countless volumes which have been compiled in various ages, languages, and countries. Its his tory, however, has never yet been written by a single author. Treaties on the Talmud itself, or on certain subjects contained therein, have briefly related part of its history, each according to the subject and the aim of its theme. Such are the works of Zunz and Gratz, the one dealing with rabbinical literature, and the other writing concerning the history of the Jews. Similarly the historians of the world, relating in detail the occurrences of every century, have briefly made mention of what happened to the Talmud in each century. Even in the year there appeared a pamphlet entitled "Anklager und Vertheidiger des Tal (accusers and defenders), by Dr. B. Kurrein, of Frankfort-on-the-Main, apparently giving the entire history of mud" INTRODUCTION. the Talmud from its origin to the present time, but only dates (and not even these in full) 3 it contains and not occurrences. No is made of Karaites, who persecuted it in the times of the Gaonim, or of the Frankists of the i8th century, of its fate during the i5th century; the Pfefferkorn and Reuchlin episode mention is mentioned only in part, and by no means satisfactory to the reader curious about the details, not to speak of the Rohling- Bloch, at the end of the igth century. It is, indeed, a matter of astonishment that hundreds of books have been written about Talmud by exponents of all sects and in all ages, to say of the extensive modern literature dealing with the nothing Talmud in whole or in part, amounting to thousands of volumes the a work, Dikduke Sophrim," published in the containing only the dates and publishers names of the various editions of the Talmud, in seventeen large vol umes, with a comparison of all words and letters of the different in particular " last century, and manuscripts, and this only of two-thirds of the Talmud the fate of the Talmud, the charges brought against it, the repeated persecutions, the burning at the stake, have editions not been recorded in a separate work, as though unworthy of It has been thus left for us to supply the deficiency. notice. For we, who have taken upon ourselves the difficult task of editing the old Talmud, to punctuate it in conformity with works in other languages, to systematize and arrange it for a new edition, and to translate it into a modern language, deem it our duty to collect into one book all the records of the vicis situdes of the Talmud in a systematic manner, at the same time stating the causes of It is quite true, many occurrences. many places we have been constrained that in more ample account would not have been out must be borne in mind that to expatiate on every incident would lead to the writing of a volume equal in bulk to the Talmud itself, perhaps even larger, and time would to be brief where a of place, but it not permit such an undertaking. In one respect, however, we will do our duty we will arrange all the events chronologically, and we have taken pains to denote the time and place of differ ent events and likewise to name the persecutors of the Talmud. ; We trust this volume will meet with a favorable reception from the readers, for our utmost of our work was done talents. To save conscientiously, space, and to the we have not on every INTRODUCTION. 4 whom we derived our had when we refer the reader for details to to but facts, only of we the name and the book. We may other books gave page state, however, that the sources on which we have drawn are all the books which speak of this subject, viz. the Talmud itself, the books of the Gaonim, and those written on this topic in the occasion mentioned the authorities from : Middle Ages, as well as the extensive literature relating to it of the last century, from Zunz, Jost, Herzfeld, Graetz, etc., to the pamphlet we have mentioned. At the conclusion of the book the reader will find an explanation of the method employed in new edition and translation of the Talmud, and at the same the time a full introduction. We made it as lucid as possible, and endeavored to reply to some criticisms that have appeared in various periodicals since the new publication had first also appeared. MICHAEL NEW YORK, August, 1903. L. RODKINSON. THE HISTORY OF THE TALMUD. CHAPTER I. THE ORIGIN OF THE NAME "TALMUD" THE SAMARITANS ANTIOCHUS EPIPHANES THE SADDUCEES. The name "written law" was given to the Pentateuch, Prophets and Hagiographa, and that of "oral law" to all the teachings of the sages consisting of comments on the text of the Bible. The word Torah alone was applied to the entire Bible, the term "Talmud" was reserved for the oral law, though the meaning of these two words is identical namely, " " ; "teaching" or " "study. Still, because it is written Velimdo (Deut. xxxi, 19), and teach it the children of Israel (put it in mouths that is to say that the teacher s duty was to ex their ; plain and comment on the laws and ordinances until the chil dren understood them thoroughly and were conversant with them by heart) the name "Talmud was applied to what was styled by a long phrase "Oral Law" (Torah-she b al-Peh). This word designated all the commentaries of the sages on the Script ures which the Pharisees had begun to interpret figuratively. Figurative interpretation was inaugurated in the days of the Great Assembly when its members resolved to keep themselves distinct from the Samaritans, their inveterate enemies, who ad " hered to the the text, which, in the opinion of the Pharisees, was falsified by them. This study, however, commenced to make progress at the time of the Sanliteral interpretation of from that of the Macedonian conquest of Judea, when Great Assembly was changed to the Greek SanhcIt spread into every college where were assembled sages hedrin, or the term drin." " " " entrusted with the guidance of congregations, with instruction of the Law, of ordinances relating to clean and unclean, to prop- THE HISTORY OF THE TALMUD. 6 All sages who interpreted the biblical passages figuratively, unlike the Samaritans, were called "Pharisees." The Samaritans of course persecuted those Pharisees (see App. erty, to crimes. objected to their interpretation, and did them great in whenever they had the power. At last, Janai, Hyrcanus jury the First, overcame them, burned their temple, devastated their city, and compelled them by force of arms to conduct No. i), themselves according to the doctrines of the Pharisees, though he himself in his latter years became a Sadducee. Until the time of Antiochus Epiphanes, before which period the high priests since the erection of the second temple had been of the family of Zadok, King David s high priest (see App. 2), and the priests had been also among the sages of the Phari all sees and no disputes arose between them as to the interpreta From the time of Antiochus, however, when the high priesthood passed from the descendants of Zadok to other families, finally coming into the possession of the Macca bees, who were not descendants of the house of Zadok, began to tion of the law. from the Pharisees in the interpretation of the Torah, and on the basis of oral tradition. They founded a distinct sect, styled Sadducees (after Zadok), and the dispute with the Pharisees and their teaching, i.e. with the Talmud, was begun. They persecuted the Pharisees to the utmost being mostly men of wealth and rank, and in their hearts leaning toward the Hellenes, who then held sway in Pal estine, they joined the Samaritans, the foes of the Jews, whose aim was to eradicate the study of Judaism. Thus united, they gave their aid to Antiochus Epiphanes, who was anyhow the enemy of the Jews, and who decreed on the pain of capital pun ishment that the Pharisees should discontinue their studies, that circumcision should be performed in a manner other than that prescribed by the Pharisees (see App. No. 3) that the Sab bath should not be observed according to the interpretation of the Sabbath law by the Pharisees, etc. The obvious intention was to destroy the Talmud together with Pharisees who adhered to it. These persecutions against the Talmud ended usually in favor of the Sadducees until the time of Simon ben Shetah, and the above mentioned Janai, Hyrcanus I. (Johanan the High Priest). Then the Pharisees triumphed over their foes, and the oral law was the absorbing subject of the Sanhedrin, under the differ to explain the texts " " ; ; THE FIRST A. C. 7 leadership of Joshuahb. Prachia, Simon b. Shetah and Jehudah The Talmud was then studied in all colleges of Pal b. Tabai. estine, Egypt and wherever Jews lived. Owing to the enmity and the opposition of the Sadducees, many laws and regulations were added to the Talmud of the Pharisees. of the Samaritans From that time the Pharisees began to restrict their interpreta make them agree with the deep though literal tions so as to employing therein much sophistry. They the letters of the Torah, and if they found a word or meaning of the texts, counted all letter not absolutely necessary to the understanding of the they said it was placed there only to add to or subtract from the meaning. But at that period the Mishna was not a separate and distinct thing from the Talmud, though many ancient Mishnas already existed in writing, but without a sepa text, The Pharisees studied the ancient Mishnayoth, (see App. No. 4) to them, and explained the biblical texts. this was entitled Oral Law, or, shortly, "Talmud." rate title. added All CHAPTER II. THE DEVELOPMENT OF THE TALMUD DURING THE LAST CENTURY OF THE SECOND TEMPLE S EXISTENCE (i.e. THE FIRST A.C.) SHEMAIA ABTALIAN HILLEL SHAMMAI THE PRINCES SANHEDRIN R. JOHANAN B. ZAKKAI (NASIS) OF ISRAEL CHRISTIANS. THE OF JAMNIA JEWISH After the triumph of Simon b. Shetah over the Sadducees, the finally cleared the Sanhedrin of them, and only Talmud of the the remained Pharisees pro there, development when he had gressed rapidly, for the number of the sages, the adherents, reverers, sanctifiers of the Talmud, increased greatly in the col She leges of the Ashkaloth (Duumviri) who succeeded to ben tah: Shemaia and Abtalian, and, after them, Hillel and Shammai. And although at that time new enemies arose, in the Boethuseans, Essenes, and many other sects who were opposed check particular doctrines, yet those had not the power to all on not influence Israelites, or weaken its to only progress wherever they dwelt, but also on many Gentiles for at that to its its : time 5) we come see that prominent persons of other nations (App. No. to the chief men of Israel and express their wish to THE HISTORY OF THE TALMUD. 8 adopt Judaism. Hillel the Elder received them with open arms. Helen the Queen, and her son, Isotis, also accepted the creed of the Talmud. All this was due to the fact that its morality came at this time to be before the world. The Polytheists began to perceive the great difference between the teach ing of their priests in the names of the gods, and the Torah as explained by its sages. From all places of the world came per sons to learn the doctrines and the morality of the Talmud. This period of good fortune, however, was only of short dura tion, as the time of the destruction of the Temple was nigh, and with it the victims of the sword and of hunger were many. Among these were the great sages who bore the banner of the The Sanhedrin Talmud, and their wisdom died with them. had been forced, while the Temple was still in existence, to transfer their meeting places from the "marble hall" to the Rabban Gamaliel the Elder, the son of Hillel the "shops." Prince (Nasi) was persecuted by them, and his son Simeon was slain, together with many sages. Thus, if R. Johanan b. Zakkai had not, risking his life, petitioned Vespasian to spare the Sanhedrin, who had been compelled during the tumults at Jerusalem to move with their college to Jamnia, there would have remained no vestige of the Talmud, since most of those who cherished it had passed away by the sword, by hunger and by the plague. Besides, the disciples of Jesus (see App. No. 6), who then believed in his Messiahship, but not in his divinity, began secretly to undermine the Talmud, which laid more stress on external ceremonies than they deemed necessary, and endeavored with all their might to weaken its influence among the populace, but R. Jehanan b. Zakkai and the Sanhe drin in Jamnia, with Rabban Gamaliel, the son of the slain Simeon, at their head, restored the Talmud to its prestige, and took pains to raise up others in the places of the mur dered sages. Thus the study of the Talmud flourished after the destruc and was dispute with Sadducees and Bathueians and, no tion of the Temple, although beset with great difficulties desperate struggles. All his days, R. Johanan b. Zakkai obliged to doubt, with the Messiahists also ; for although these last were from the teaching of the Pharisees, they differed in many points Talmud after their master, Jesus, had broken with the Phari- THE FIRST sees was A. C. 9 and their doctrines in public. So R. Johanan b. Zakkai obliged to introduce many reforms and Rabban Gamaliel ; of Jamnia, notwithstanding his office of Nasi, and his lofty bear ing towards his colleagues and adversaries, was compelled to go many Rome to ask for mercy for his college and And this first Nasi, after the Temple s sages. times to Pharisaic the de had to witness the evil consequences of quarrels in the midst of his own nation, added to the calamities from struction, also without. As the and vowel point of the written law had multiplied, and liberty had been given to every interpretations of every letter man to construe biblical texts at his pleasure, the dif ferences of opinion multiplied, and the disciples of Shammai and Hillel, whose master s characters differed to the utmost, learned two factions and studied in separate colleges. Thus the teaching of the Talmud was differently interpreted by two This parties, and what the one permitted, the other forbade. split in to circumstance was of more danger to the Talmud than any ex ternal foe, for when there is no internal union, the whole fabric will go to pieces, and its influence will, of course, diminish. Therefore the sages of Jamnia, with R. Gamaliel at their head, strove not only to decide the law according to the school of Hillel, but also to decree that the words of Shammai s school in the place of Hillel s had no value at all. And what a world of difficulty the sages had to surmount before they succeeded ! R. Simeon ben Gamaliel rightly says If we proceeded to record all the troubles and calamities we had endured, time would " not suffice." But in the long run they did succeed in widening and in creasing the sphere of influence of the Talmud, for both the in ternal dissensions and external opposition only tended to sink more deeply into the hearts of the people its doctrines (Hala- At the end of the first khas), legends (Hagadas) and morals. for their a substitute it was to them destroyed Temple century ; was their stronghold, their entertainment by day and by night. It was only when they were occupied with it that they forgot all the calamities past and present it was the sole bond which kept together the scattered colonies of Israelites, which strengthened them to bear the yoke of the Romans, to hope for it ; brighter days, to be patient unto the end. THE HISTORY OF THE TALMUD. io CHAPTER III. THE DESTRUCTION OF THE TEMPLE THE FALL OF BETHEL THE MASSACRE OF THE SAGES OF THE TALMUD, TILL THE WRIT ING OF THE MISHNA IN THE BEGINNING OF THE THIRD CEN TURY. The Temple had been destroyed; Rabban Gamaliel and of his colleagues were dead the family of the Nasi extir pated, excepting only his son R. Simeon, who succeeded to his many ; and established a college at Usha and new per secutions, awful in their extent, were directed against those who were engaged in the compilation of the Talmud. The sages, father as Nasi ; men of Israel, were slaughtered without pity by Trajan the chief and his successors through the entire period of fifty-two years from the destruction of the Temple to the fall of Bethel. Some Talmud who forfeited their lives for its known to us only by their names R. Ishmael, Simeon of these founders of the sake are : b. Azai, b. Papus Dragoman Jehudah, Yishbab the Scribe, Huzpeth the Jehudah the Baker, Hananiah b. Tra- (interpreter), dion and Aqiba the last, the main pillar of the Talmud, and who contributed much to its diffusion and completion, died with joy at being enabled to sacrifice his life for it. ; One of the causes this time of the great revolt against the Romans at was the prohibition by the Roman government of the the Torah, wherein alone the Jews found comfort, study of since only in their houses of learning could they enjoy complete peace and freedom. But as the death penalty had been de creed against all who occupied themselves with religious study and observed its precepts, and as this prohibition deprived them of their only source of consolation, they rebelled, led by Bar Kochba. R. Aqiba was the first to become his adherent, who journeyed from town to town, inciting the Israelites to rebel, and bringing them the message that a saviour of Israel had arisen in Bar Kochba, the Messiah. It is not surprising, therefore, that Hadrian, when he had ascended to the throne, was not content barely with the massacre of the sages of the Talmud, but was intent also on the destruction of the Talmud itself. kept it Unable to find a pretext for killing all the sages who up, he decreed that if any of the old rabbis should THE BEGINNING OF THE THIRD CENTURY. n qualify a young rabbi for Israel, both should be put to death, and the place in which such took place should be destroyed, be lieving that with the death of the elder generation the Talmud Israel would blend with the nations and would be forgotten and its memory be obliterated ; because he very well knew that as long as the Talmud existed there was little hope for the assimi lation of the Jews with other nations. This decree, however, was not executed, and his murderous plan was further frus trated by R. Jehudah b. Baba, who, forewarned of the decree and comprehending its consequences, betook himself to a place between two great mountains between Usha and Shprehem and licensed six of the older men of R. Aqiba s disciples to be rabbis R. Meir, R. Jehudah b. Elai, R. (i.e., Jose b. Halaphta, R. Simeon b. Jochai, R. Eleazar b. Shemua, and R. Nehemiah. Having done this, and feeling sure that as long as these men lived the Talmud would be kept alive, he thus addressed them Fly, my sons, and hide from the wrath teachers of the Talmud) : " : I alone will remain, and will offer of the enemy. body to And in fact the Romans pierced his satiate their vengeance." body with three hundred iron lances, so that it resembled a my sieve ; but the newly consecrated rabbis were saved, and with them the Talmud. (See Sanhedrin, p. 30.) Thus the efforts of Hadrian met with no he said to himself: last seventy wolves." " Great is success, so that at the sheep that stands He saw the Talmud still among existing, bringing naught his plan for converting the Jews, uniting Israel into one people, and establishing it still more firmly as a national and a religious whole. For the six rabbis named above very soon became the soul of Talmudic study some of them were with R. Simeon, the Nasi, in Shprehem, and others founded col leges of their own. Through them the Talmud regained its former power and influence, and one of them, R. Ilai, became to ; the chief teacher of R. Jehudah the Nasi, the compiler of the Mishna. The translation of the Bible (written law) into Greek also contributed very much to the popularization of the Talmud. As long as the Torah was in the sacred language only (for the Aramaic version of the time of Ezra had been concealed or de stroyed as early as the time of Rabban Gamaliel the Elder, the son of Simeon who had been slain, or probably even during the THE HISTORY OF THE TALMUD. 12 of the latter),* all Jewish sects and foreign scholars inter But a wise Greek, a convert of preted it in their own way. life who received Judaism, Aquila the Proselyte, the doctrines of the disciples of R. Johanan b. Zakkai and also from R. Aqiba, translated the Bible into Greek. This version was not acceptable to the Jewish believers in Jesus (Messianwho must already at that period have constituted a large ists) Talmud from the sect because their construction of many passages in the Mes sianic spirit was flatly disregarded by the new translation nor to the Romans, because all expressions seeming to imply the ; materiality of the Deity were translated in a figurative sense as for example, "the hand of the Lord"; "the glory of the which the statue-worshipping Romans could not en Lord, dure with equanimity, and further because by this translation the nature and doctrines of the Talmud became known to manv J In our opinion the version of nations, who found no evil in it. Aquila was the sole cause of the despatch of censors from Rome to revise the Talmud, and these censors avowed that its teach Be it as Talmud during the first ing was true. it may, in studying the history of the three centuries the reader is easily con vinced of the great courage and patience of the sages of the Tal mud. For no year of that period passed without trouble from its external as well as from its Simeon internal foes, as R. b. Gamaliel, the Nasi of Jamnia, himself testifies. (See above, p. 9.) For even after the death of Hadrian it enjoyed but a short re Antoninus Pius renewed the decree of Hadrian, and with much trouble and at great risk of his life did the Nasi only succeed in inducing R. Simeon b. Jochai and R. Josi to go with him to Rome to petition the Cassar to repeal the decree, which, spite, for according to the tradition of the Talmud, they effected only through the intervention of Ben Temalion (a demon, accord " " ing to some a man, according to ; others) . And yet, in spite of during this very period, the Talmud became so popular that every town wherein Jews had their habitation possessed also a house of learning for the study of the Talmud so that this, ; it and bore the bloomed and flourished, everywhere Mishna, as we shall see in the next chapter. * See our " Pentateuch, its Languages and Characters," fruit of the pp. 16-17. THE MISHNAS. CHAPTER 13 IV. THE THIRD CENTURY THE ARRANGEMENT OF THE MISHNAS THE TALMUDIC COLLEGES OF PALESTINE AND BABYLONIA. The sages, the commentators of the differed in Talmud, opinion as to the epoch when the Talmud began to be written down. The scholars of Spain, and their colleagues and disci ples, said that it had been recorded from notes possessed since had begun in Israel, a long time before R. Jehudah the The scholars of France, among them Rashi," however, declared that not a line was written till the completion of the Talmud, before which its study had been oral. Each school adduced proofs in behalf of its assertion. Modern scholars have schools " Nasi. made a compromise between these various versions, by assert ing that during the first centuries the commentators of the Tal mud in the beginning had taken notes of their studies, and later had written them out in a permanent form. that as the persecutions had at their severe, and the sages (see App. No. 7) It would seem commencement been very felt that their lives were in they decided to write its teaching in secret and to conceal its foes. No sooner had the Pharisees granted permis sion for this (for till then it was absolutely forbidden to put in writing oral law) than the number of manuscripts became very great and when R. Jehudah the Nasi came to occupy the seat of his father and had been confirmed in authority (since he en joyed the friendship of one Antonius, who was in power at Rome), he discovered that from the multitude of the trees the forest could not be seen; that is, from the multitude of the Mishnas the people had lost sight of the Talmud. He therefore resolved to compile, selecting out of all the written and the un written law, clear Mishnayoth, and to systematize them. peril, it from ; Indeed, the period was very favorable to this undertaking, for the Talmud enjoyed a respite from persecutors external and The Jewish followers of the Messiah, Jesus, began at time to gradually blend with the foreigners who adopted the new creed hence their influence on their brethren who per Still he met with many sisted in the old faith was weakened. internal. this ; obstacles. The chief one was the division of opinion among the Talmud themselves. For although his grand- students of the i THE HISTORY OF THE TALMUD. 4 Rabban Gamaliel the Elder, had succeeded in fixing the law in accordance with Hillel s school, and declared, with the father, many of the sages of the Talmud, the school of Shamno validity when at variance with Hillel s, still the de cree was weakened, when later he was deposed for a short time from his office of Nasi, and in his college were assembled four hundred students more, of diverse opinions. In view of this, and it was decided again that individual opinions, even those of the minority, should be considered, the differences between the students and the sages of his college were renewed with consent of mai of This state of things continued till the time of Rabbi, and in order that his Mishnayoth might be accepted he was compelled to give due weight to all the varying opinions, greater vigor. slighting none, even of those of the decision. who were in direct contravention The second difficulty of incongruous doctrines was in selecting, from among the mass and laws many of which had become found and others to be unnecessary or impracticable obsolete, those which were both practicable and of direct application (for a tradition relates that Rabbi found six hundred sections of Mishnayoth; and even if we admit that this number is greatly exaggerated, still if even one hundred existed, it was no light task to reduce them to six). The third difficulty was that as the subject had been studied in divers places, differing in dialect or language, all the Mish nayoth had to be made uniform in their dialect. Added to all this, he was forced to clear the Mishnayoth from the insertions incorporated into it by the Messianists; for being many and considerable persons, and in close alliance with their colleagues the Pharisees during two centuries, they could not have failed to introduce into the Mishnayoth their own peculiar opinion and beliefs, many such passages, indeed, being found in the Gemara. Reason compels us to admit, at least, that there were pass ages in the Mishnayoth concerning Jesus and his teachings for how is it possible that an occurrence which holds so important a place in the history of Israel, and which has spread its influ ; ence among the nations at in the for centuries, should not Mishnayoth? Rabbi thought it well to We be even hinted must, therefore, conclude that clear the Mishnayoth of any reference THE SUBJECTS OF to the occurrence itself, ITS SECTIONS. 15 as well as to the adherents of the new In this he acted wisely, for he knew beforehand that the Mishnayoth would be the foundation upon w hich Judaism and faith. T the Talmud should be built, and that the interpretations of it would be many, each interpreter following the bias of his mind. Therefore it was deemed best by him to avoid all mention of the new event, to treat it as though it had no existence. Nothing can withstand a strong will. When once he had resolved to He carry out his project at any cost, all difficulties vanished. went from college to college, in cities far and near, in places where the great masters taught and learned and though they surrounded him as cocks of Beth Bukia," he was not shaken in his resolution, and with the help of his many friends and sympathizers he was finally enabled to arrange in order six sections of Mishnayoth, condensed from hundreds. Each sec tion is given up to a general subject, and is subdivided into tracts dealing with matters which come naturally within the scope of the section. The tracts are further divided into chap ; " ters. The subjects of the sections and the tracts are as follows: The Section of Seeds. The general subject of this section is the law relating to vegetables, heave offerings, tithes, the sabbatical year, Kilaim, etc. and at the head of this section he placed the tract on benedictions which man owes to his Maker every morning, beginning with those of the evening, which com mences the day according to the Jewish custom. The Section of Festivals. This treats of the Sabbath holi 2 days (to each holiday being devoted a separate tract), and in cidentally also of the duty of taxes before the holidays, and of 1 . ; . mourning during the festivals. (See App. No. 8.) This deals with laws having refer 3 The Section of Women. ence to women, marriage, divorce, in separate tracts, and there to are added laws concerning vows and Nazarites, as women s vows are dependent on the decision of their fathers and hus bands, and Nazarites depend on women, who may legally con . secrate the child previous to its birth, as for example, and the mother of Samson. 4. The Section of Damages. Hannah This section treats of laws of property, of the judges, of the penalties which the court may prescribe, and is divided into the tracts "Sanhedrin," "Penal- 1 THE HISTORY OF THE TALMUD. 6 part treats only of dam ages and their prevention, it is divided simply into three parts without distinct titles but as first, second and third Geths, and as it treats of damages for which men are responsible, a tract on " ties (Makkoth), etc. ; but as the first : Abboth. morals has been added (Sections Festivals and Jurisprudence" have been already translated into English by us in eighteen volumes the synopsis of which will be here ap; pendixed.) The Section of Sacred Things (sacrifices), divided into tracts on sacrifices (Zebachim) firstlings (Bekhoroth), and by it treats of slaughtering, and examina the way also Chulin tion of the slaughtered animal used for profane purposes. This deals with 6. The Section of Purifications (Tohoroth) the subject of defilements and purifications in general, and has 5. ; . for special topics the defilement of vessels (Kelim), of plagues (Nega im), of tents (Aholoth), etc., and a tract relating to a Nidah (menstruated woman) Thus he arranged all the laws relating to the Hebrew religion and to civil matters, and called his entire work Mishnayoth (Mishna), i.e. meaning "teaching" to distinguish it from "Torah" and "Talmud," and probably because it is written (Deut. vi. 7) V shinantam "and thou shalt teach them dili . gently to thy children" in the original version (Mishna Tohroh), which signifies really to explain and comment upon it. Thus the Mishna is an explanation of and a comment upon the Pen tateuch (see footnote for a different explanation, in the intro and teaches men how to conduct them duction to Sabbath " "), selves in relation to their fellow-men, good and praiseworthy and incites them to all (actions). In the short introduction to "Sabbath" (vi.-vii.) we have already described briefly the character of the Mishnayoth which Rabbi arranged, and how he succeeded in imparting to the sanctity of the Pentateuch itself, so that nothing is to be added to them, and what was done later after Rabbi s death, it is not the place to expatiate on this subject ; we may, however, state briefly that as soon as the Mishnayoth was completed, col leges were founded in Palestine and Babylonia to explain the Mishnayoth and develop their laws to their ultimate consequences. After Rabbi s death, when Boraithoth and Toseptheth were discovered which did not form part of his meaning of the THE GEMARA. 17 compilation and which in many places contradicted the Mishnayoth, these colleges busied themselves in reconciling them with the Mishnayoth and with each other. They accounted for contradictions in Baraithoth by saying that one spoke of a case under same circumstances, while another meant a like case under different circumstances. So they explained the differ ences in the Mishnayoth themselves, often dividing a Mishna, whose parts seemed to contradict each other, and giving as ex planation of the contradictions that the first part was accord ing to one tana, but the latter part according to another. These discussions and comments on the Mishna they called in Aramaic, which "Gemara," which also signifies "teaching" was the spoken language of the sages of the Gemara (see in the above-mentioned introduction for a different reason), and to the combined Mishnayoth and Gemara they gave the old name, "Talmud." CHAPTER V. THE TALMUD OF JERUSALEM, THE TALMUD OF BABYLONIA, THE CHARACTER OF THEIR HALAKHA AND HAGADA, THE DATES OF THEIR COMPLETION AND THEIR SYSTEMATIZATION. The sages of the Gemara, called Amaraim, and the commen Mishnayoth were of different characters. Some were intent only on diligently collecting Mishnayoth and Barai thoth, wherever found, to compare them with each other, to correct their reading in conformity with Rabbi s Mishnayoth, and to separate the wheat from the chaff, i.e. to decide which Boraithoth was valid and which was not worthy of considera tion (Boraithoth which were not studied in the colleges of R. Hyya and R. Ushia were not considered). On the other hand, there were others who devoted themselves to ingenious con struction of the Mishnayoth and the Boraithoth itself, without adducing proofs from elsewhere. (See App. No. 9.) This con tators of sisted in scrupulously examining the letters in the Mishna, to eliminate or to amplify it where they judged necessary, to trace law s to their origin and to discover what tana agreed with this Mishna and what differed from it, whether the same tana con T tradicted himself at different places, and whether it was incom- THE HISTORY OF THE TALMUD. i8 In the patible to explain them in various ways, and the like. language of the Gemara they are distinguished by different Those who studied the Mishnayoth were styled Sinai, the master of the wheat," and the dialecticians "the uprooters of mountains" or acute men and although the preference was given to the former, as it was said, all must resort to the master of the wheat," yet the study of the Babylonian Talmudists being based on scholasticism, their acuteness is evinced in their so harmonizing the contradictions and disagreements, that they appear to point to the same meaning. " titles. " "; " Not only did they interpret the Boraithas at variance with the Mishnayoth, but when even one of the great Amoraim ap peared to differ from the Mishna they so distorted the latter should seem to agree with the Amora. A similar dif ference existed among the authors of the Hagada some gave that it ; to biblical texts a interpreting them new reading remote from the plain meaning, in strange and marvellous ways, and basing on them legends of natural impossibilities, while some adhered closely to the literal meaning of texts, without adorning them with exaggerations. Though in the Palestinian and the Syrian, as well as in the Babylonian colleges, there were many scholars who assisted each other in their studies and comments on the Mishnayoth, the Palestinian differed from those of Babylon in this respect, that in the former the chief labor consisted in the collection of Halakhas, without profound researches into the deeper meanings and implications, even in the study of the mere Mishnayoth, all of which was totally unlike the manner of study in the Babylonian schools. Indeed, the Palestinians were in ferior to the Babylonians in scholastic profundity and ingenuity, of them distinguished themselves therein, except R. Johanan, R. Simeon b. Lakish, and several others of that Therefore, in the schools of Palestine, scholasticism period. was esteemed of little value, and in them the study of Halakhas and but few fell into decay, so that finally the Hagada came to occupy the principal place, the Halakhas holding a subordinate position. In addition to this, they found themselves compelled to give their attention to the biblical texts, as the Messianists, who had grown in numbers, construed these texts favorably to Chris There tianity, and challenged the Jews to dispute with them. fore, the sages found themselves obliged to give the preference HALAKHA AND HAGADA. to the study of the Scriptures and Hagada. 19 As at that time the impression was general that the most important element in the study of the Torah is ingenious reasoning on Halakha, it is not surprising that the Babylonian Talmud came to be received as the important and essential part of the Oral Law, while that of Palestine held a subordinate position. It is difficult to describe accurately thinking and ways is of reasoning of the known only to one who has made is easier, it and clearly the Talmud, which the study of his mode of in truth life. It however, to give a picture of the Talmudists views In this respect the and notions as gathered from the Hagada. of the Palestinian Hagada lon, as it had its Talmud birth in Palestine, is superior to that of Baby and was borrowed thence by the Babylonians. Many books of Hagada had existed in Palestine, whose con tents were incorporated later in various Midrashim, and some also in the Talmud, and even at that period there was a differ ence of opinion as to their value. Some valued them, and some despised them. The Hagadas consist of two elements first, the external garment of the thought, the tradition, and sec : ondly, the internal idea, allegorically shadowed forth, which The latter can be divided into three constitutes literary value. kinds: words; "P shat," "Drash," the interpretation of the meaning of biblical a free untrammelled interpretation of the the deep mystic, religious meanings construed from the texts. By these three kinds of construction of Scripture, all subjects, topics and times are embraced and scriptural texts; "Sod," The Hagada, with its mystic and veiled religious has exercised a great influence in the Oriental and wisdom, heathen world, which has borrowed from it many precious discussed. of profound religious thought having Palestine for their And indeed we find that the multitude of legends birthplace. gems based on the Bible which have been current in, and reverenced by, the Mohammedan world for twelve hundred years, delight ing both sages and the unlearned, are to be found in the Tal- mudic Hagada. their identity is Whether entire or only in the leading idea, Many also of the legends of the recognizable. Middle Ages to be found in the works of Dante, or those of Boccaccio, Cervantes, and Milton, arc taken, consciously or unconsciously, from their original source, the Talmudic Hagada. THE HISTORY OF THE TALMUD. 20 The Fathers of the Christian church have likewise drawn on it, as Basilius of Cappadocia, Hieronymus, Chrysostomus, and many others who construed passages in the Bible in accordance with the Hagada. teaches man how situations of life. The moral code contained to conduct himself toward in the all Hagada, men and in all We shall deal with this moral law in a future chapter on the Ethics of the Talmud. The two Talmuds contain, then, Halakhas, Hagadas, refer ences to all branches of science known in those days, but with out any system or order. Many times a Hagada is interpolated middle of a Halakha, and again in like manner a digres sion on a scientific subject extraneous to the Halakha is inserted in it. The compiler of the Talmud, whether from careless method or from the great labor involved, could introduce no in the In this respect there is little difference between the two Talmuds; nor is there much difference in the sources whence order. each drew its material. Sayings from the Talmud of Palestine are quoted in that of Babylonia, sometimes under the name of their author or their citer in Babylonia; other passages are stated to emanate from the it was said." In the " " West." Talmud In the West (Palestine) Palestinian, similarly (vide I. H. the Babylonian authority is often There learn" or It is clear however given; e.g., they when Talmud that the Babylonian was compiled that of Pal Weiss, Vol. III., 127, etc.), " "say." estine was unknown to opinion of many, the its compilers, although, according to the of Palestine was arranged by R. Talmud Johanan and concluded by R. Jose bar Bun about one hundred years before the Babylonian others, however, affirm that the Talmud of Palestine was concluded only in the eighth century ; or even as late as the ninth (in the time of Anan, the founder of the Karaite sect), and adduce evidence in substantiation. We may assume, as a compromise, both assertions to be true ; the greater part had indeed been arranged and systematized in the time of Hillel, the last of the Nasis in the West, but it was not employed to any extent in the colleges remaining in Palestine and Syria, because the Babylonian Talmud had spread until it reached the West. But in the time of the Karaites many things were added to the Talmud of Palestine (to oppose the doctrines of the Karaites, as the small tract on Tephilin and the like, which that sect repudiated) by those who wished their ABBI ARIKHA AND R. ASHI. 21 words to be held as of equal sacredness with the Talmud, as was then customary. (We shall speak of this further on.) The bulk of the Palestine Talmud, after all the additions, is much less than that of the Babylonian, albeit it contains Gemara on two additional tracts (thirty-nine instead of thirty-seven, as will be explained) and fragmentary chapters of other This is tracts. owing to the fact that the discussion of the Mishnayoth is not so elaborate, and there is less of scholastics. have We already stated that its quality, as regards the Halakhas, is also inferior. It was not as popular as that of Babylonia, therefore fewer copies were made of it than of the latter. since its conclusion its opponents have been For this reason, less numerous, was very much persecuted at the time when it was studied in the colleges. The government rulers persecuted Israel and its Torah, since the death of Rabhi, and the perse though it cutions did not stop until the death of Hillel, the last of his descendants, with whom the office of Nasi ceased to exist (360). This was alone one of the causes why the Talmud of Palestine younger brother of Babylonia. The spread lot of the Talmud in Babylonia was better, since from the time of the death of Rabbi (223) till Mar b. R. Rah Ashi, one of the last of the Amoraim (500), it was not persecuted by the Persian For about a hundred years, the heads of the Exile were rulers. less widely than its diligent in their studies, uniting thereunto its political power. sometimes happened that some kings were ill-disposed to the Jews, still they did not interfere with their studies.* For If it this reason the study of the Talmud flourished in the colleges Nahardea and Pumbeditha, and the number of its students was counted by thousands. (The Talmud counts the And so as 1 2 ooo ) of Rabb lectures auditors Abba Arikha s [ s] the Talmud became a vast sea, and its waves rose with might. R. Ashi (355-427) saw, therefore, that the time had come for revising, systematizing and concluding it, when he came to re store the college of Sura (Matha Mekhasia), which had fallen into decay on the death of Rabh. About this R. Ashi it was said (Sanhedrin, p. 108) that from the time of Rabbi to his time there is not to be found a man who was unique in the possession of wisdom, riches and glory. He of Sura, , * See Getzow, " Al Naharoth Babel." . THE HISTORY OF THE TALMUD. 22 with King Izgadar II., rich and long-lived. There he undertook in the course of one year to systematize two Whether he arranged them in the order in which they tracts. are found in the Mishnayoth, or differently, or whether he re vised and improved them, is not known to us; but this, at least, is clear, that some tracts he revised twice, and the second was in favor fore, time in a manner opposite to the first.* Be this as it may, it is also certain that the Talmud which we possess is not that which came from R. Ashi s hands, since additions by seven heads of who succeeded him in Sura, and by their colleagues, Meremar, Idi bar Abin, Nahman bar Huna, Tabyomi (Mar b. R. Ashi) his son, Rabba Tosphoah, Rabina bar Huna, Rabbana Jose, who presided together 125 years, are mentioned in the Talmud, none of which are found in R. Ashi s edition. Perhaps the colleges they also made eliminations in his edition though they did not attain the learning and religious wisdom of R. Ashi, except his Tabyomi. The latter filled the place of his father in learn ing and wisdom, though not in his breadth of view, for in his time reigned King Peros, the son of Izgadar III., who perse cuted the Jews, the Talmud, and those who cherished it. Therefore, even if we suppose that his son Mar was diligent in arranging and revising the Talmud, as traces of his insertions and corrections are found in it, yet he did not succeed in com son, pleting it, owing to the persecutions of the government, espe cially as he did not occupy his office long, and thus the Talmud has remained uncorrected. But as the sages became aware that the times were changing, the number of learned men diminish they began to fear lest in the course of time, passages would multiply in the Talmud which would rather detract from than add to its value therefore they concluded it, and decreed that thenceforth nothing should be added to it. They also ordered that the sages should no more be called "Amoraim" (signify ing commentators of the Mishna), but Saburaim (i.e., explainers ing, ; of the Talmud to the people). Thus the Talmud was con cluded in the age of Rabbana Jose (about 525), without further In reality, however, these sages or rearranging. revision achieved almost nothing; for, despite their decree, the Sobumany of its enemies) as well as the Gaonim and the rites (as also * Vide " Last Gate," 3s6b. THE SOBURITES. 23 rabbis succeeding them, added to and eliminated from it and H. Weiss has proved many places we in our book also ourselves L baker and beyond dispute "Hakol" many times, as will be Mishpat" and in the journal mentioned further on. (See App. No. 10.) as its version, altered in I. " CHAPTER VI. THE PERSECUTIONS OF THE TALMUD IN THE PERSIAN AND BY ZANTINE EMPIRES IN THE SIXTH CENTURY AFTER THE CLOSE OF THE TALMUD. In the reign of named Mazdak Kobad (Cabades) in Persia, a fanatic reformer desired to introduce the doctrine of the com munity of property and wives, thus modifying the Zoroastrian creed (501). The king became an adherent of the new doc The lower trine and decreed its acceptance by the people. classes eagerly availed themselves of the license thus granted. To this communism, the Jews, led by Mar Zutra II., son of R. Huna, the young exilarch, offered an armed occasion of the revolt was the murder of of one of the colleges. It is related resistance. Mar The Isaac, president that they established an for king the Prince of Cap independent Jewish state, having At last, after seven years, tivity, with Machuza as the capital. Mar Zutra and his grandfather, Mar Chanina, were taken prisoners, executed, and their bodies nailed to the cross on the On account of the ensuing bridge of Machuza (about 520). persecutions the office of Exilarch remained for some time in abeyance. The colleges were closed, as the teachers were com pelled to conceal themselves, and Abuna and Giza, two of the most eminent, fled. When peace was restored after Kobad s death, the college at Sura received Giza as president, and that at Pumbeditha, Semuna. A third name of eminence survives, that of Rabbi or Rab (near Nahardea), of whom little is known. Men of religious mind of the period devoted themselves to the study of the Talmud, the love for which persecution had but in creased, which quillity of satisfied religious mind, and the knowledge of to positions of honor and and promoted tran which raised its possessor zeal trust. The original development of the Talmud had at that period THE HISTORY OF THE TALMUD. 24 ceased. Giza and Semuna conceived the desire to fix the laws for practical use, casting aside theoretical speculation, for it was necessary that there be no doubts or wavering. Their activity in this work was but a continuation of that which had begun at the close of the Talmud. The labors of the presidents of the colleges were confined to this task and to assembling, as of old, the disciples in Adar (March) and Ellul (September) and instructing them by lectures, and to assigning themes for pri vate study. To fix the laws, the arguments pro and con needed to be weighed therefore they were called Sabureans (Saburai) Many points of practice in the ritual, the civil law, and the mar ; riage code were settled at this period. Giza and Semuna gave chief attention to . committing the Talmud to writing, making use of oral traditions and of notes made to aid the memory by various individuals. All legends were incorporated, and the obscure passages elucidated by their additions, for everything emanating from the Amoraim was thought important. In this form it has reached us. The vowel points to the Bible were also invented at this time, ac cording to Graetz. names of the immediate successors of Giza and Se not been preserved either by chronicles or tradi tion" forgotten in the persecution visited on the colleges dur ing this century by both Christian and Zoroastrian churches. Hormisdas IV., Chosroes Nushirvan s son, was unlike his "The muna have father. Led by the Magi, who strove to check the approach ing dissolution of their religion by persecution of the adher ents of other faiths, he vented his wrath upon the Jews and The Talmudical colleges at Sura and and again many teachers fled (about Firuzshabar, where, under an Arabian gov Christians of his empire. Pumbeditha were 581) this time to closed, New colleges arose ernor, they were less exposed to espionage. there, among which that of Mari was eminent, and there they continued their Talmudic labors. A general, Babram Tshubin, who had experienced the ingratitude of the king, usurped the Persian throne. In this. he was assisted by the Jews with in return granted them many favors and As a result, the colleges of Sura and Pumbeditha were reopened Chanan of Iskia returned from Firuzshabar to Pumbeditha, and restored the college there it is also probable money and men, and concessions. ; ; HORMISDAS IV. 25 that the president of Sura, which was of far greater repute, was elected at that time, though his name is not mentioned in the chronicles. With Babram s fall the vengeance of the lawful heir to the With the aid throne, Prince Chosru, was visited on the Jews. of the Byzantine emperor, Mauritius, and the loyal portion of the Persian people, he defeated the usurper, putting to the sword also the greater part of the Jewish population of Machuza, and probably of other cities as well. CHAPTER VII. THE EIGHTH CENTURY. THE DOMINION OF THE GAONIM. THE OPPOSITION OF THE KARAITES. THE ESTABLISHMENT OF A SECT OF THAT NAME. The Pharisees had been victorious over the Sadducees and the other sects opposed to the Oral Law, but had not annihil ated them entirely since only because these latter could not withstand them, they kept silence and were discontented in ; As the Talmud gained strength and became more decrees against the Sadducees and Samaritans, so that in the end the Kuthim were declared as idolaters in all their hearts. severe in its respects, then their indignation burned and they awaited a In the time of the dominance of favorable time for revenge. the Gaonim, ure became who full, carried out the Talmud and Anan, the nephew in practice, the meas of the Gaon at Sura, when he was not ideas and elected as Gaon, for the reason of his liberal his opposition to the Talmud, established the Karaite sect. Those who hold that the Karaites were a new sect founded by Anan (760 C.E.), are mistaken, for a small sect under the name of Karaites, or adherents of the Text, had existed already in the days of the Talmud, where they are mentioned in many places, as adherents of the Text," or once "the Karaites add " " (Pesachim, nya in text; in our edition, Vol. V., p. 145). Doubtless the remainder of the Sadducees assumed this name, having lost political influence since they had been vanquished, and the word Sadducees being hated by the people. There fore the remains of the sect called themselves Karaites," i.e. " " " THE HISTORY OF THE TALMUD. 26 who occupy themselves with the text of Scripture, and endeavor to understand its real meaning. Owing to their small numbers, or to the lack of a great man to head them, this sect kept secret its hatred of the Talmud, though it existed so long as to outlive even the close of the latter, and the Talmudic sages paid no attention to them. Finally, however, chance gave them a man fit to be their leader, who publicly opposed the Talmud so that all its enemies made one league against it, and they were at first a great power and in the course of 700 years those ; they did not cease to persecute the Talmud and almost desstroyed it; finally, however, they lost their influence which they never regained, and to-day are decayed so that small numbers only live in Austria, Crimea, and many other places in Russia, numbering in all to-day no more than 4,000 or 5,000 souls altogether. man was Anan ben David, nephew of the exilarch Solomon, in Bagdad, who had died childless. Anan expected This to be elected as his successor, but his younger brother was chosen instead, and he was rejected because of his liberal ideas sympathy with the Talmud. Then he publicly began to make war on the Talmud and Talmudists, and became the head of all its opponents and ill-wishers. He made his and want of headquarters at Jerusalem, after having been, There he assumed the to leave Babylonia. it seems, obliged title of exilarch, and around him were assembled a great multitude who made war on the Oral Law, its scholars, and in particular on the two colleges of Sura and Pumbeditha. By his general precept, "Search well in the Scriptures," he declared as naught the whole Oral Law. And wishing to find favor in the eyes of the Caliphs, who fixed the dates of their by observation of the new moon, he also renewed this in force among the Jews while the Temple had ex once custom, isted, repealing thus the calculation of R. Adda received among He openly said to the Caliph Almanzur that all Talmudists. the Jews had been guilty of persecuting Jesus and opposing Mahomet, though (said he) both these men did much to drive idolatry out of existence, and cannot be attacked without guilt. Of the first he said that he had been a holy man who did not want to appear as a prophet, or a god, but only desired to re festivals form the faith which the Pharisees had perverted. Of the sec- THE KARAITES. ond he said that he really does not believe that the was a prophet 27 for the Arabs, only he Law (of Moses) is repealed by Mahom- medanism. first work was to separate himself from the Jews by fix of Pentecost to be fifty days after the first Sabbath date the ing The dates after Passover, as the Sadducees fixed it formerly. Passover and the of of New Year and the Day Atonement, His Feast of Booths were determined by watching for the new moon, which did not agree with the Jewish dates. As in the leap year one month is added to the year, he allowed, in case of need, to begin Passover when barley ripe in the fields. among the Jews, at is Phylacteries (not a grave ceremony The any Lulab and the semi-holiday Hanuka (Dedication), he abolished. On the other hand he made the observation of Sabbath more burdensome, so that the light ing of candles was prohibited on the eve of Sabbath, even by a non-Jew, also the leaving of one s house during Sabbath when rate), the four species of the most neighbors are not Jews, i.e. Karaites; the dietary laws made stricter, so as to prohibit his adherents eating in company with Jews for the latter are not careful enough and he also oftentimes eat with Gentiles. Soon Anan saw that if every one were left to interpret the Bibli own mind, etc., his sect would be split, and not endure (as actually was the case in the course of time, as will be explained further on), and that a fixed commentary is needed at least for those passages which can by no means be cal text according to his Therefore he claimed many great authori interpreted literally. as Karaites, and declared that R. Jehuda b. ties, long deceased, Tabai, the colleague of Simeon b. Shetah, etc. Shamai the elder, the colleague of Hillel the Elder, and other such, were some of the founders of their sect, and he ascribed to them some inter pretations of passages which he claimed to have received by Abandon the Talmud and Mishna," he tradition from them. " said to his followers, " and make you a Talmud of my own, have. Though in reality he took I will according to the traditions I the rules of the Mishna as basis, yet he said that as far as details are concerned he is as wise as the sages of the Mishna, or more so, if and can construe the Biblical texts by his own intellect. His hatred of the Talmud became so great that he said that he could have swallowed the Talmud, he would cast himself THE HISTORY OF THE TALMUD. 28 into a lime-kiln, that it might be burned with him and leave no Thus the people of Israel separated vestige of its existence. itself then into two hostile hosts. The Talmudists declared the Karaites not to be Jews, and forbade to give them any holy ceremony to perform, while the Karaites said of the followers of the rabbis that they are Jewish sinners, and it is sinful to intermarry with them. The city of Jerusalem witnessed for the third time a splitting of Israel into parties. writing we know nothing, although according to he wrote some comments on the Bible and prayers. the Karaites From the compositions imputed by them to him, we can see that only the love of resistance and victory absorbed him how great his learning was we can not judge, as in general his biog raphy is unknown to us, but it is known that he was not given One to philosophy, nor ingenious in interpreting Scripture. good effect we can ascribe to him, that, owing to his opposition, the Talmudic rabbis were also forced to pay more attention to Of Anan s ; and make researches and learn the niceties of the Hebrew language, so that Anan and his sect were the prime cause of all the compositions on grammar, Massorah and vowel points, and even poetic compositions that the Talmudists gave the, Scriptures, birth to in the course of time. Anan death Saul, his son, succeeded him as exilarch of the Karaites, but Anan s disciples separated from him, as they did not agree with him about some ceremonies, according ing to Saul s interpretation of biblical passages. They became a distinct sect calling themselves Ananites so it also happened after the death of Saul, who was succeeded by Josiah, his son. And so almost every age sprang a new Karaite sect with a name of its own, each interpreting Scripture in its own way. Some of them will be mentioned presently. It is self-evident that an attempt to get at the profound meaning of the Scriptures After s ; was the business of of every such sect through their activity the of Massorah, the vowel-points ; Hebrew grammar, knowledge and punctuation marks, was diffused theological philosophizing was also not strange to some Karaites, as they had to explain such words as God s eye," finger," which they were unwilling to take literally and materialize God, just as the other Jews. Thus gradually a large literature sprang among the Kara ; " " "hand," ites, not inferior, taken as a whole, to the Talmud itself in bulk. THE KARAITES. 29 events, the Talmud was menaced by a much greater danger from these internal enemies than from its external foes. For the latter did not attack the Talmud itself, except so far as At all was an obstacle in their way, but their main and avowed ob ject was to convert the Jews to another religion, or even merely it to fill their own pockets with Jewish gold, given to avert the persecution instigated for that very purpose. then attacked only incidentally, not for was something else. But the Karaites made its The Talmud was main sake, while the object mud their great aim to drive the Tal itself out of existence, to direct their arrows against it for it own sake, and endeavored to bring about, that the Jews should become Christians, or Mussulmans, or join any sect whatever, the Karaites did not care which, provided that the its Jews should forsake the hateful Talmud, and its Halakhas and Hagadas should get lost. Therefore the struggle with them was very great, especially as they pretended that their traditions were based on the great authorities of the remnants of the nation. As their doctrines, however, were not fixed, and as almost every age the Karaites were split into diverse sects, therefore they could not resist or make headway against the Talmud, whose strength is, to those who rightly understand it, that it has never purposed to make fixed rules, to last for all ages; deliberation and reasoning concerning the Halakhas according to the circumstances, is the principle of the Talmud; and the saying of the Talmud, even when they say to you of right that " it is left, and of left that it is right, thou shalt not swerve from the commandment," shows the opinion of the Talmud, that the practice of the ceremonies and precepts is dependent on the and other circumstances. With this power the Talmud combatted all its enemies, and was victorious. The controversies between the Jews and the Karaites are recorded in many books, Karaite and Talmud istic, from the age of R. Saadia the Gaon, and his opponent Sahal ben Matzliah to time, place them can also be found the history of But this is not our task here: we triumphs. the present time. their alternate will In remark only that from the days of R. Saadiah the Gaon, when the Rabbis had begun to have polemics with them, can be seen the deep mark the Karaite literature left on the Rabbinical THE HISTORY OF THE TALMUD. 3o Philosophy was from that time used in conjunction with the Torah many Gaonim followed R. Saadiah s method of har monizing the Torah and the philosophy of that time, that they should seem as mutual enemies. So the Karaites charged such men with infidelity, but others were themselves compelled to one. ; imitate them, and called in the aid of philosophy, of the divin ity, to interpret the texts of the Holy Scriptures. The effect of the Karaites to write down on the Talmudist Rabbis is made that since their time the rabbis also began fixed Halakhas taken from the Talmud, that the evident also in this : readers should not otherwise by error adopt the Karaite rules, made by the Karaite leaders, which they might mistake for the rules of the Talmud itself, since they could not know the whole Talmud by heart. They composed, therefore, the "Hala- G doloth" khoth (Great Halakhas), "Sh iltoth derab A hai" (Queries of R. Ahai), for the sake of the students, who could not themselves wade through the whole Talmud. they opposed the spirit and object of the Talmud But thereby itself, that the and modified in ac cordance with the requirements of the time and place. As soon as the Gaonim had permitted to propound decisions of the Halakhas, and to fix them, those Gaonim, who succeeded them, Halakhas should be matter for discussion, were compelled to teach that these decisions of the former Gaonim, even though given without proofs, are holy for the This circumstance added people, as if given from Mount Sinai. fuel to the quarrel of the Karaites, and gave them new points of The hope of some great men of the nation to reconcile the Jews with the Karaites became naught, for although the Karaites quarrelled among themselves, and split into rival sects, attack. equally hated the Talmud, reviled it, and insulted it, styling the two colleges, at Sura and Pumbeditha, "the two harlots" spoken of in Ezekiel, who (claimed they) referred to all yet they these colleges in his prophecy. According to Makrizi there were among the Karaites ten from each other in their opinions, practice and they had no permanence, some rose, some fell, and in the tenth century only five large sects were found, named 1. Jod anim or Jodganim. 2. Makrites or Magrites. sects, differing festivals ; : 3. Akhbarites. THE KARAITES. 4. Abn Amronites 5. Balbekites. or 31 Tiflisites. The reader will find in the books of Jost, Gratz, Fiirst, Bequoreth L toldoth Hakaraim" Geiger, and in Hebrew, in " an account of the particulars about which the various sects of the Karaites differed, and also the names of their leaders. We do not think it necessary to give these details in this place. We will mention for illustration the latest sect, which wished to fix the day of Atonement only on a Saturday every year, because Sabbath Sabbathan," which means a Sabbath of rest Sabbath of Sabbaths," and they translate (Lev. on Passover of and the first day Thursday. Thus each Karaite sect celebrated the Biblical festivals on different days, for each " it is said xxiii. 32), "a sect construed the texts in the Pentateuch by preference with out being able to come to an agreement. Thus also in respect of the observation of Sabbath for some Karaites, their houses were during the Sabbath their prisons, where they did sit in : darkness, and which they could not leave when their neigh In this we bors happened not to be Karaites like themselves. who inimical were those even that of the see the power Talmud, or hostile to a large portion of it, Halakhas never had dif ferent opinions concerning the festivals and other such things, to it important to one particular nation ; for they could not deny its general tradition. The effects of Karaism are also traceable in some religious the people of ancient practices, which had not been usual among Thus Phylacteries, which it had not been customary times. to use, in spite of the literal interpretation of the Talmud of the passage "and thou shalt bind them for a sign upon thy hand, and they shall be as frontlets between thine eyes," (Deut. vi. 8) ; perhaps for the reason that Hillel had said: "Leave Israel they are not prophets, they are children of prophets," in favor (Pesachim) for after all, the arguments of the Talmud was it felt, that only of the literalness of that passage, the people a figurative expression; and the Talmud itself prohibited the to the people, permitting it only to con use of alone ; if ; phylacteries firmed scholars. But when the Karaites interpreted the pas the use of Tephilin to sage figuratively, the Gaonim permitted the people also, to show their difference from the Karaites. The opposition of the Karaites effected also that the THE HISTORY OF THE TALMUD. 32 Gaonim should declare that the Hagada obligatory to believe for any man taken literally, but as allegorical. ; of the and that Talmud it is is not not to be to every one the right to hold what opinions he chooseth about the Hagada of the Talmud" says R. Samuel b. Hopni, father-in-law to Hai Gaon, to ward off the attacks of the Karaites and opponents of the Talmud generally, who made things cautioned in it. And "Leave responsible for many Hagadic indeed we see that the collections it Halakhas from the Talmud, as Rab Alphasi and his col leagues inserted but little of the Hagada, as if to show that the Hagadas are not minded. Though in truth the Hagadas of the of Talmud relating to morality are the main element of the Tal mud, mostly require no change, addition, or subtraction, even in our age. While on the other hand, the absence of the ethics of the Talmudic Hagada is painfully felt in Karaite literature to In points of morality their opinions are as the present day. various as concerning the Halakhas, in the course of time issued from the Karaite ascetics who abstained from meat and wine, left their homes, dwelt in deserts, and mourned over the de The Karaites styled them "the sixty Solomon s bed," for there were sixty in number, and called them the great teachers, for they had been taught by them that it is not legal to eat meat in exile, since a struction of Jerusalem. who are around heroes In con text says one should not slaughter outside the camp. trast with these, from among the Karaites came also Hiri Hakalhi or Habalki who, owing to his opposition to the Tal mud, denied also Moses Torah, providence, creation, etc., so that the Karaites repulsed him also. There were among them also some who believed in a material God, eating something of the sacrifices, and enjoying the agreeable flavor of them. Such was the destiny of those who rejected tradition, and relied on their own The intellect. issue was that, though among the Karaites were also men and great sects and many times they triumphed great over the Talmudists for centuries the following peculiarities made them a sect secluded from the whole world (especially from the Rabbis, who were to them as if unclean) their scrupu lousness about cleanliness and uncleanliness, their separation from anybody who was not a Karaite Jew, so as not to take from him bread and other articles of the bakery, and so as not ; THE KARAITES. to eat anything that prohibited even meat 33 had been touched by a non-Jew (some fit for a sacrifice) . Gradually their num bers diminished, so that now they number only about four thousand souls in the world, and even these few differ among themselves in their usages and festivals. To this day the Karaites in Egypt and the East remain in the dark during the eve of Sabbath the dates of their festivals are not alike every ; and by their attacks on the Talmud they not only failed to weaken its influence or diminish the number of its adherents, but brought about its increased influence and accepted holiness. Though the Rabbis kept apart from them, and said to those who wished to make peace between them, "the Karaites (or torn pieces, Kraim Kra tm), never became joined," still they did not forbear to borrow from them what seemed to them good, adopting the Massorah and vowel points of Ben Asher, who was one of them. About the Judaized Chazars, of their time, the Karaites say that they had the Karaite form of Judaism, but modern scholars contradict this. They say that the Chazars were Talmudic Jews and A. B. Gottlober has written admirably about this His argument seems to savor of the truth. But subject. there is no doubt, that among the Jewish tribes of Arabia, and those of the Judaized Arabian kingdom, there were Talmudic year, Jews who rendered many services to the Jews of the Byzantine empire but as these matters do not pertain to our subject, we will not speak further of them, and conclude hereby the present (See App. at the end of this volume.) chapter. ; CHAPTER VIII. ISLAM AND ITS INFLUENCE ON THE TALMUD. In 622, the Hebrew religion gave birth to a second daughter, Mohammedanism founded by Mahomet of Mecca among the tribes of Arabia, who had lived unprogressive for ages in the peninsula between the Red Sea and the Persian Gulf, keeping by the usages received from their ancestors tradition large Hundreds of years had passed without making any impression on the development of this people, until Mahommed arose, and in the space of twenty years subdued with the ally. THE HISTORY OF THE TALMUD. 34 sword and by the tongue the whole great land of Arabia. And like a stream of mighty waters the Arabs burst from their bonds, animated by a spirit of war, and fired by religious zeal, tore away from the Byzantine empire the whole of Syria and Egypt, and conquered also Persia, extended their em pire to India and Caucasus, on the one hand, and to West ern Africa, on the other, spreading, at last, over Spain and Southern Italy to the heart of Christendom, preaching Islam, and bearing the banner of their prophet wherever they stepped. For the second time, after an interval of six hundred years, Judaism witnessed a new faith born, all whose choice portions, all whose good and beauty, were taken from the storehouse of the Talmudic Hagada. When Mahomet arose to say that through Gabriel, the angel, the Lord had destined him to con firm the truth of the Divine revelation previously to Abraham, Isaac and Jacob, Moses and the rest of the saints who had been borrowed only the foundation of his idea from Likewise he borrowed many say the Hagada of the Talmud. and historic traditions, ings, legends from the same source, and on earth, he him as the foundation of the principles he prescribed for the guidance of his people. All the Hebrew plants succeeded speedily on the Arabian soil, as if they had been native. Islam grew in power and soon made progress, political and It reared a new civiliza ecclesiastical, for new forces joined it. these materials served tion on the ruins of the heathen culture of Syria. During the century of its existence it likewise exercised an influence on the scholars of the Talmud. As the Greek spirit had for first merly been wedded to the Jewish spirit, so now the Arabian was wedded to it. It might have supplanted Jewish thought altogether had not the many sages, adherents of the Talmud, written excellent books in Arabic, extolling the Talmud, its system and its spirit. When the Jewish tribes of Arabia, some of these powerful and independent, had refused to believe in the inspiration of the new prophet, Islam arose on its parent Judaism, as Chris tianity had done before; persecutions, massacres, blood and fire and exile were visited on the adherents of the Talmud. As long as Mahomet had entertained the hope of gaining Jews for converts, his treatment of them was favorable and ISLAM AND ITS INFLUENCE. 35 he enjoined in the Koran not to be inimical to adorers of One God. He even wanted to make the date of the fast of Rhamadan on the tenth of Tishri (the Day of Atonement) as make Jerusalem the centre of the pilgrims instead of , well as to Perceiving, however, that notwithstanding all this, Islam gained few Jewish converts, he turned the enemy of the Mecca. Jews and became wroth against them The Vision of the Cow a chapter in the Koran) and persecuted them with fury and But at his death his hatred and bloodthirstiness as infidels. intolerance died with him, the Jews found peace and protection under the Caliphs, and the Gaonim could establish their col When Spain was added in 711 by the General Torick leges. Aben Zara, bright days ensued for the Jews they were able to " ; (" ; devote themselves to spiritual activity undisturbed, also to take a large part in the culture of science which flourished in Great offices and high posts were given to Talmudic Spain. authors of law articles, court physicians were taken from among them. Together with and ministers Jews; councillors, their civic prosperity their spiritual activity made progress, and they made great contributions to Judaism, and benefited their co-religionists. Rarely were they visited by storms, as in and at Cordova, in 1157, and then they suf in Granada, 1603, fered only as citizens. In Egypt, Syria, Fez and Morocco, wherever Islam domi In contrast to this, the nated, Jewish communities flourished. study of the Torah decayed in the East, and from Babylonia changed its place to Spain. it The prosperity and the power of the Jews called forth envy and opposition, resulting in the desertion of some Jews to Islam; and this spirit of opposition was kindled yet more by false Messiahs arising frequently, as Shiraini in 720 and Abu 1464, in the reign of the Caliph Merian, who op to the Talmud with all their might (the last themselves posed In spite of all that, the Talmud was also abolished divorce). honored as before. For the Gaonim and the two colleges at Eiei in all the exiled Jews till Only a singular accident, which happened about 960, put an end to this unlimited and undivided dominion of Babylonia over the Jewish minds. Four Sura and Pumbeditha were as beacons to the second half of the tenth century. scholars had left Sura with the purpose of collecting money THE HISTORY OF THE TALMUD. 36 among their European brethern, for the benefit of encouraging a more assiduous study of the Talmud at the college of Sura; the vessel being captured by an Arab pirate, the four sages were sold as slaves. One, R. Shemariah b. El hanan was then brought to Alexandria there the Jewish community ransomed him, and appointed him as supervisor of religion and teacher of ; The second, R. Hushiel, was sold into slavery at the African coast, and brought to Kairuban. The third, R. Moses b. Enoch was ransomed from his owners after many hardships, at Cordova, where the community chose him as Rabbi. The name of the fourth has not transpired. It is The four men, not having possible that he reached France. attained their object of collecting money for Sura, and its the Talmud in Cairo. having been closed seven hundred years after its founda tion, brought to an end the spiritual dominion of Babylonia over the Jewish mind and scattered the seeds of Talmudic study throughout all lands. The college of Pumbeditha, though it continued to exist for college some period after that of Sura, spreading the light of the Torah among all the exiled, sank from its preeminent rank, With gradually, till its existence came to an end (about 1040). From that time it was extinguished the light of the Gaonim. the centre of religious activity for the Jews was in Europe. The Talmud had its home in Spain, whence it spread to other countries, as will be seen in the coming chapters. CHAPTER IX. THE VICTORY OF KARAISM OVER THE SPIRITUAL DOMINION OF THE TALMUD AND THE MIND OF THE JEWISH NATION THE LAST GAONIM AT SURA AND PUMBEDITHA THE CENTRE OF TALMUDIC STUDY TRANSFERRED FROM MESOPOTAMIA TO SPAIN THE SCHOLARS OF KAIRUBAN THE PERIOD OF THE GREATEST DIFFUSION OF TALMUDIC STUDY. Though Rabbinism came out with Karaism, it victorious from the struggle can not be denied that in one respect the latter triumphed. The unlimited dominion which the Talmudic spirit of the colleges of Sura and Pumbeditha had at that time on the minds of the nation of Israel in general in all places of SHERIRA, HAI, BEN HOPHNI. 37 abode this spiritual dominion waned greatly. The of these colleges irresistibly declined, in spite of all efforts glory to the contrary, even of a supreme man like Saadiah the Gaon. their spirit of investigation and free thought at Bagdad induced the disciples, to whom the religious teachings of their master Saadiah gave the example, to engage in the study of philosophy, The grammar and the interpretations of the text of the Scripture, and to abandon the hard and exhausting studies A of Sura. slight cause, the voyage of the four scholars mentioned above to Europe, sufficed to hasten the end of this college, which did not exist long after the death of R. Saadiah the Gaon, so that was closed forever after centuries of its existence. The college at Pumbeditha continued some time longer it put forth its last efforts, before the lights of its Gaonim and Exilarchs were extinguished, before the glory and religious and it ; pre-eminence of Babylon departed from there to honor Spain and as the light of a candle blazes up before it is extinguished, so there shone on the Babylonian horizon three spiritual ; Gaonim, Sherira b. Hanina, Hai his son, and Samuel these men b. Hophni The activity of (960-1038). in the field of Talmudic literature persists and exer the father-in-law of the latter cise their influence yet. R. Sherira placed the Talmudic studies too much above all other studies, whereas in the college at Sura, in accordance with the spirit of Saadiah the Gaon, the sciences also stood in the rank of studies and a critical spirit reigned in studying At Pumbeditha Scripture and in commenting on the Talmud. first Talmud was the only dish offered to the students, the only R. Sherira was the first who fear subject of the curriculum. lessly taught and said: "The utterances of the Gaonim require the no demonstration whoso rebels against their decisions, rebels His book Megilath against God and betrays His Torah." Stharim" (Scroll of Mysteries), which was undoubtedly writ ten in this autocratic spirit, is lost. But, on the other hand, he has bequeathed to us a fragment which enlightens us at present, being the chief basis of all Jewish literary and theological his tory. This is the letter he sent to the congregation of Kairuban termed R. Sherira s Epistle," which treats of the history of the Talmud and of the Gaonim and is the key to the otherwise ; " , " mysterious history of that epoch. From this letter only can THE HISTORY OF THE TALMUD. 38 we take the essential information for arranging the history from the close of the Talmud to his time. Without this docu ment many and important periods, from the time of the Macca bees to those of the Gaonim, over a thousand years, would remain to us obscure and unknown. The epistle is wonder fully accurate in respect to chronology, and is free from any bias. Only by means of it, and of other compositions of this the Megilath Taanith (Scroll of Fasts), Seder Olam of the World), the Sedar Tanaim and Amoraim, together (Order with the remnants of information of R. Nathan bar Izhak the class, as Babylonian (956) concerning the colleges at Sura and Pumbeand the methods of study at their time, can the modern scholar compile the known histories, so very necessary to the understanding of the Talmud and its literature. R. Hai, his son, was indeed more inclined towards the He was proficient in Arabic learning. sciences than his father. Nor was he averse to philosophic studies. He opposed himself with all his might against speculations about the hypothesis of In theological and Talmudical knowledge, R. Hai religion. ditha, surpassed all his colleagues and stood alone in his age. From Northern Africa and Spain, whither sparks of Talmudic literary and kindled, came to him questions in great number. He replied to them in Arabic or in Hebrew the spirit of reconciliation between philosophy and theology is His list of Hebrew roots, commentaries on in all his answers. the Mishna, and compositions examining Scriptures exist mostly no longer, and only fragments of Talmudic Jurisprud ence, as laws of buying and selling, of oaths, etc., which he activity had just penetrated ; attempted to methodize in verse are preserved. ascribed to him a didactic poem entitled "Musar So also is Haschel" (Morality of Reason) very excellent in its thoughts, matter, and intention (purpose, aim, conception), albeit we can not extole the style or the poetic form. At all events this R. Hai, the last Gaonim Talmudic scholars even at this day, and his words are oracular for all commentators and all those who decide Halakhas according to the Talmud. His father-in-law, Samuel b. Hophni, held of the same opinions as he, but was more free in his criticism of the Scrip Of his many works only frag tures than all his colleagues. ments (which originally written in Arabic, we have in the of the is the first of all THE SAGES OF KAIRUBAN. Hebrew 39 garb) of his commentaries to the Scriptures remain. about Halakhas and essentials of religion The fundamental their names survive. was: thinker of this "Things opposed to human principle common sense should not be admitted." He combated vio lently also the Karaites and was attacked desperately, as they mocked and scoffed at him and even wrote satiric Hebrew But are his compositions all lost, and only poems about him. Those three were the last of those remaining at these col wisdom in Babylonia leges, and at their death the sources of were stopped off. After the decease of ben Hophni (about after 1034) the college at Sura was abolished, and two years the death of R. Hai (1640) the college of Pumbeditha was The wisdom of Israel removed to North Africa (Kairuclosed. ban) and Spain and bore fair fruit there. The city Kairuban had a great reputation. In an antique commentary, imputed to a disciple of R. Saadiah the Gaon, this As is known, city is mentioned as "the city of great sages." R. Hushiel, who with one of the four above-mentioned rabbis, his colleagues had been voyaging to collect money for the col All four introduced mental lege of Sura, was cast thither. R. Hananel, the son of R. activity in all places they visited. his Hushiel, succeeded to his position (in 1050) and surpassed us to He bequeathed frag father in wisdom and in energy. ments of commentaries on Scriptures and the Talmud, which were of great help to the study in the conditions at that time, when Talmudic activity was diffused among Jews. He and his contemporary, Nisim b. Jacob, who also resided in Kairuban, renewed the youth of the Palestinian Talmud, which had been about Especially did the latter contribute to bring several for book He also issued the this. Maphteah" (Key) tracts of the Babylonian Talmud and in it he cast light on many difficult passages in the Palestinian Talmud by comparing the neglected. " two Talmuds. R. Hananel also wrote a commentary on the Talmud, which was published in separate parts. Therein he explains the sub in Hebrew, and draws a parallel ject and meaning of the words between the Babylonian and Palestinian Talmud. He wrote also a book containing abstracts arranged in Talmudic order of the Halakhas, concerning service and pecuniary matters. THE HISTORY OF THE TALMUD. 40 A careful examination of the books of the two men will show that they were in unison with their opinions with Saadiah the Gaon, and diffused his teaching and ideas among the Jews. Friendship existed between these two men and Hai and the learned men of Spain, as is seen from their large correspondence. There is also a third one of the sages of Kairuban, who contrib uted to the study of the Talmud, he is Hephetz b. Jatzbiah, held in great esteem by his contemporaries, and upon whom all titles of honor that great men receive were bestowed. Of his works nothing is known except the name "Sepher Hephetz" (the book of Hephetz or Desirable book) which he wrote as a commentary to the "books of duties." The sages of Kairuban witnessed the end of the two colleges and the extinction of the Gaonim, but also the flourishing of Jewish literature in Spain, whither it had been spread from Northern Africa. After the decease of these learned men the glory of Kairuban became also extinct, and Jewish intellectual activity left the East and emigrated to the West. An examination of Gaonim the literary period after the death of the shows that it surpassed by far the preceding period. Whereas, in the time of the Exilarchs and the Gaonim, only the Talmud had been the subject chiefly studied and only to it had contributions been made which helped to perpetuate the spirit Now, when Jewish learning removed to Spain and Southern France, it blossomed and became split into many of Judaism. branches, to each of which many good books were contributed. On the study of the Scriptures shone forth the light of free the studies of Masorah reached perfection grammar and linguistic researches came to the front rank; the Talmud criticism ; ; and Midrash, long ago concluded, were subjected to the analysis of commentaries and abridged into systematic abstracts. The basis of the philosophic conception of the Jewish faith was laid and religious and ritual poems succeeded, when treated by the ; sublimely inspired Spanish poets. A broader and deeper com prehension of the Talmud was also the result of the intellectual awakening. It is true that the cause of this intellectual activity were the Arabs, while the polemics with the Karaites enhanced and made it penetrate through the wall of Judaism but, taken up by the Jews, it made progress and continued to do so even when both Arabs and Karaites had abandoned knowledge it, ; THE GOLDEN AGE OF JEWISH LEARNING. 41 This spiritual awakening caused even the re motest branch of Israelite stock, from which almost all life had altogether. bloom up and to awake to new life. Even the small community of Samaritans, whose existence had been quite for The gotten, came to life and took part in the Jewish culture. book of "Joshua of the Samaritans, the "Reminiscences of fled, to " these events), the Samari tan version of the Pentateuch, and the Arabic version of the Also fragments Scriptures by Abu-Laid appeared at this time. of ritual composition there are a few left of many, but their Abul-Pathah" (a historical treatise of value is thought. small and they are not as ancient as had been at first On the new Jewish literature the Samaritan sect made any impression; but the intellectual movement involved also the remnant of the Samaritans and Jews aroused it from its slumber. But in the time of the Gaonim, never of the when the bearers of the banner of the Talmud ranked them selves to battle with the Karaites, they did not condescend to notice the Samaritans. When we far say that this period surpassed the former, we are from disparaging the great Gaonim, and from thinking them men inferior to their successors. In truth, these men were only dwarfs who stood on the shoulders of giants for had they not stood on the shoulders of those giants they could not have investigated deeply all those subjects to which in time of the Gaonim no attention had been paid. For, in spite of the of above that the utterances of the mentioned, Sherira, precept Gaonim require no demonstration," they did not cease to give proofs, reasons, and to advance arguments in their replies to " Only by means of thorough and deep research Talmud, by comparing and by reasoning, did the Gaonim questioners. in the bring the ideas of their time in accordance with the ancient Halakhas, thus increasing the practical importance of tradition and giving to the Torah a living interest. The Spanish and French scholars took up their work and carried it on, extending it to all branches of science. Then literature, therefore, at tained its highest development, so that this period has been The replies of "golden age of Jewish learning." Gaonim only were the basis of their superstructure, reared when intellectual activity had removed from the banks of the termed the the Euphrates to the banks of the Tagus and the Rhine. THE HISTORY OF THE TALMUD. 42 Their explanations of Halakha were of two kinds; either those induced by the bare love of knowledge, or answers which had to be given to question arising from practical exigencies, which occasioned the analysis of the Halakhas and the investi gation whether the spirit of the Halakhas held good only at their time or applied to other times also. Five compilations of this kind, termed "Replies of the exist in the Jewish literature, which have been com from the beginning of the seventh to the eleventh cen piled The first of the authors of those replies was the Gaon turies. Gaonim," Hananai and the Gaonim s last is Hai the Gaon. a large field This literature of the for scientific researches in replies literary history in general, of historic events, progress. In all their replies and decisions and of intellectual we see that their aim knowledge, not authoritativeness as is usual in the case of For their decision they gave rea priests or even of Gaonim. sons and advanced arguments, and also forbade no learned or is ingenious man to object to them. This spirit of employing reason found in this literature of Replies still continues. By it the present is linked with the and the with the present. These replies touch future past almost all branches of thought as well as all practical questions, Talmudic literature; the value of the studies of the mysteries opinions on philosophy, on the rights due to sciences, answers to questions about chronology and calculations of time. History, geography, and mathemat There are also ics in some of their replies are also discussed. answers with reasons to questions about Laws of Marriage, viz. : the value of the Agada in ; Gentiles, Proselytes, Testaments, Mourning, Sermons, Divorce. They also explain to those who question them different pas sages in Mishna and Talmud questions even without any practical aim only to increase and advance the Torah by the discussions made in the house of learning. SAMUEL HANAGID AND HIS CONTEMPORARIES. CHAPTER 43 X. THE SPANISH WRITERS. A BRIEF SURVEY OF THEIR WRITINGS RELATING TO THE TALMUD. Although the aim of this, our work, is to give a history of the alone, not of the whole Jewish literature of that period which is devoted a work by Dr. Karpeles and others), we (to can not, however, skip over the w riters of Spain and France of that time, who extended the literature according to the fundamental principles of the Talmud, and shine in history, Talmud r the admiration of succeeding generations. We will not, how ever, speak at length of their work or examine it minutely, but merely mention the names only those whose main work was ; we except from this rule of work as far as is neces about their speak of work. for this the purpose sary elevated to Talmudic subjects brevity, and The first shall of the distinguished men of Spain, whom the Babylonians honored with the title of Resh Kalah" (synony mous with "Head of College"), was R. Hisdai b. Itzhak Ebn Spurt (915-970), who was counsellor and physician to the Caliph Abdul Rahman III., and he was the one who helped his Besides his dili co-religionists to rise from their degradation. as of books in the translation the botanical other sciences, gence of Disscroridus, the Greek, for his sovereign, the Caliph, he car ried on a correspondence with the Gaonim of the colleges of Sura and Pumbeditha, and through them succeeded in bringing scholars and books to his own country, and to found a college for Talmudical studies. He wrote the well known letter to the king of the Chosars, in which his love for his co-religionists and his zeal for their welfare are manifested. Menahem b. S ruk and " b. Labrat, the grammarians known through their polem about the roots and the grammar of the Hebrew language, were invited by R. Hisdai to come to popularize the study of Hebrew. Jehud b. David Chilveg, Isaac b. Kapron and Isaac Giktalia were the disciples of Menahem, and Jehudah b. Shesheth was the disciple of Dun. These men by their contro versies about the grammar carried it further and perfected the Duns ics study. Jonah Ebn Ganah (1000-1050) surpassed even those, THE HISTORY OF THE TALMUD. 44 for he composed seven books about grammar in Arabic and Hebrew which are preserved to the present time. Samuel Hanagid (and the Nasi Ebn Nagdilah, 993-1055) was a patron of Jewish learning in Spain, as Ebn Spurt had been before him. He was the author of twenty- two books, but not even one of them survives completely. Even from his great book "Introduction to the Talmud" only a small preserved, but this testifies to the greatness of his knowledge and the acuteness of his intellect. With all his ad portion is herence to the traditions and to the cardinal principles of the Talmud, he did not exclude the use of common sense and He says: "Every comment in the Tal of passages Scriptures other than commandments we to admit only so far as seems to be rational, but as for human judgment. mud on have the rest, it is not authoritative." From this we see that in his he went a step in ad His poems and pray Mishle are based on Ben Koheleth noth ing was preserved by us. He was held in great esteem by the contemporary learned men. Many wrote poems in his praise, ideas about the Hagadah of the Talmud, vance of the Gaonim, Saadiah, and Hai. Ben Thilim" and Ben ers in his works of Talmud. But of his the the tradition " " " " among them is the "Orphan" The poets " (Jethoma), by R. Joseph b. His" In the days of R. at that time used to say, dai. Hisdai, the Nasi, they began to twitter (in poetry) and in the days of Samuel the Nagid, they lifted their voice." (See App. No. ii.) He was the lofty poet Solomon b. Gabirol, need not here dwell on his biography and succeeded by (We 1012-1070. work, as Messrs. Senor Sachs and Salomon Munk wrote whole books about him.) In his time, Jekuthiel Ebn Hassau, who was high in the court of King Jahia Ibu Mundhir at Saragossa, was also a patron of all Jewish learning, especially of ben Gabirol. The latter s poem, "Kether Malchuth" (Crown of Royalty), was very favorably received by all who bore the banners of the Talmudic and Kabbaldic studies, and also by Christian priests, so that it was translated into Latin by the priest Dominicus Gondizallo (1150) and also into Hebrew by him, with the assistance of Johannis Abudalu (an apostate Jew). The fact was his "Ebn Gabirol" altered to that name Abizatrol or Abizabran has been illuminated by Salomon Munk. THE Bahayi b. is THE SAGES OF THAT DAY. ISAACS, 45 Joseph Ebn Pekira, Judge in Saragossa, his con the author of the wonderful book "The Duty of temporary, Hearts" (Chobath Halbaboth) in Arabic, which has been translated by Samuel Ebn Tabun and accepted into Hebrew, as a guide in life by Israel everywhere they were found. (It has been translated also into German by Herr Baumgarten of Vienna.) This teacher Behayi absorbed himself wholly in the it the preference to Arabic or Grecian phi Talmud and gave losophy. His object in this, his wonderful work, is the follow ing: to conciliate morals with commandments and the duties of the heart with those of the other members of the body. The duty of the heart is bers to carry out the purity of thought, that of the other commandments. (See App. No. mem 12.) Five sages bearing the name Isaac lived at that time, viz. Isaac b. Reuben of Barcelona (1043), great in knowledge of : i. the Talmud and an expert at translating. He translated the Hai Gaon, about buying and selling, from Arabic to Hebrew. 2. Isaac b. Jehudah Ebn Giath (1089), who com posed prayers and ritual poems considered remarkable at that time. 3. Isaac b. Moses Sochni, who emigrated from Spain to the East, where he was qualified as Gaon and became the suc cessor of R. Hai. Only his fame survives, his writings, however, are all lost. 4. Isaac b. Baruch Abudaly (1035-1094), who was a sage and astrologer to Caliph Al Mahmed. The latter made him Nasi over the Israelite communities in his domain, Seville. He wrote a commentary to difficult Halakhas in his book decisions of R. " Kupath Haruchim" not complete. 5. The of Spices), which, however, he did greatest of all, Isaac b. Jacob Alphassi (Book (1013-1103), who came from North Africa to Lucina (Alisa) and there founded a college for the study of the Talmud, which he surpassed all his colleagues in Spain. Alphassi was the first to abridge the Talmud, compiling only the neces sary Halakhas, transcribed textually. Sometimes he appended his opinions, and by this work is immortalized among all Israel In times of misfortune, when it was difficult to pro in exile. in cure the Talmud, students occupied themselves with his work, called after him taries. "Alphassi," His decisions, called to which they wrote many commen Questions and Replies of Hariph," It is true that he wrote in times. " have been accepted for all Arabic and that it was translated into Hebrew. He also wrote THE HISTORY OF THE TALMUD. 46 three great Halakhas with an extensive commentary in Arabic, which was also translated into Hebrew, as well as 320 of his decisions above mentioned. (One was recently published with a new translation from the Arabic.) The spirit of deep research, distinguishing this Spanish in his works. found The most difficult subjects period, in the Talmud and all intricate questions he explains easily. He strove in his books to smooth the contradictions between the Torah and Wisdom, reconciling them. His decisions ex tend over all provinces of the Torah in all questions concerning law and judgment to all laws, both written and traditional laws, his reasons, based upon sound logic, were stated in a con In the same way, he also explains cise and ingenious manner. the Hagada, to bring it in conformity with reason. He, Alphassi, did not devote himself to theological philosophy and criticism of the Scriptures, like his contemporaries, but to Talmudical studies, thus giving an example to those thinkers is also ; not to presume to give their religion a philosophic garb. At his death, all Jewish scholars, wheresoever found, lamented him. R. Jehudah Halevi, whose muse began then to shine, for him thus: mourned Mountains on the day of Sinai for thee quaked, For angels of the Lord met thee And inscribed the Torah on the tablets of thy heart. The glorious crown was placed around thee. The wise had not power to stand If they did not from thee wisdom beg. Moses b. Samuel Ebn Giktali and Jehudah Ebn Bilan (1070) were free thinkers in his age and his opponents, but many of those scholars who explained the Talmud by simple logic were his disciples. Among these mentioned above. The Joseph Ebn Migash b. position in his college wisdom. him His new was Baruch Albalia, disciples, however, was also Isaac b. greatest of his Mair (1076-1141), and inherited who succeeded to his his greatness in Talmudic contributions to Talmudic study, called by (The Revelation of Hidden Scrolls) and the queries and answers collected into one book under the title of "Questions and Replies of Ebn Migash," bear testi "Megilath Setharim" and gentleness. (These books were reprinted the second time by us in 1870, in Warsaw, mony to his ingenuity, loftiness of spirit THE ISAACS, THE SAGES OF THAT DAY. 47 with our preface and some remarks, but even this edition is Most of his answers and already nearly out and scattered.) questions were written in Arabic and translated later into Hebrew only his explanations were written in Hebrew and in ; Talmud ic the Particularly wondrous is his manner of of a subject, so that not one possibility re idiom. all sides examining mains unconsidered. As Ebn Migash was the Rabbi after the death of were addressed to him from all sides, and he, always following his disposition, answered them Let us cite one of his according to his inclinations, leniently. answers as an example: A question was addressed to him by one who had vowed to abstain from meat and wine till he shall have reached the Holy Land, and found the project too difficult to carry out, but could find no ground for repenting. Ebn Migash found for him a ground for repentance, that, while he vowed he undoubtedly greatest his master, Alphassi, questions was ignorant of a saying in the against a life. were the disciples Talmud Whoever : afflicts him self is guilty Many steps and carried on who Ebn Migash s Among spirit. trod in their activity in his foot these who succeeded him also in his college. Of his con temporaries, who distinguished themselves as philosophers or poets, it is proper to mention Rabbi Joseph Ebn Zadok of was his son Cordova (1070-1149), author of "Olam Katan" (Microcosm), a religious philosophy in which he is of the opinion (see App. No. u) that man must know himself in order to attain to the The rabbi who was his predecessor knowledge of Divinity. at Cordova, Joseph b. Jacob Ebn Sahl (1103), was a poet and ritual author. (See App. No. 12.) In the north of Spain were also then found scholars and poets Abraham b. Hyya, a minister in a Mahometan ruler s court, was a great astronomer and mathematician, who wrote four books on astronomy, three of which were printed, viz. The Form of the Earth (T urath ; " " : Book of Leap- Years" (Sepher Haibur), of the the latter third, only part, treating of mathematics, optics, and astronomy was printed. Next to him is Jehudah b. Barzilar, Hoaretz), "The author of the book " Hoetim" (The Times). have reached to the three great poets, who enjoy a world-wide renown, Moses b. Ezra, Abraham b. Meir Ebn Ezra, We THE HISTORY OF THE TALMUD. 48 and Jehudah Halevi, all of whom were bearers of the banner of the Talmud, and contributed to diffusing its ideas and morals We think it, however, superfluous to ex the nation. on as them, they are well-known to every cultured per patiate as books have been written about them at dif son, and, many ferent epochs, we cannot refrain, however, from giving briefly their biographies, as far as they bear on no subject of this work. The dates of the birth and death of the first of these, Moses b. Ezra, are unknown to us it is known only to us that he lived His opinions in his poems and other later than ben Gabirol. He composed ritual poems and lamenta works vacillate. tions, which have a place in the prayer-books of the Spanish Jews; also the "Arugath Habossem" (Bed of Spices), on theological philosophy, and the "Sepher Hassichoth V hazichronoth" (Book of Discourses and Reminiscences), about the poems of ben Gabirol and his character. The second, Abraham Ebn Ezra, was one of the most won His commentaries on the Bible, derful phenomena of his age. his poems and ritual poems, are known to everyone; but the contemporary scholars found it impossible to know his real opinions, nor can modern scholars fathom them. among : The third, Jehudah Halevi, the father of poets, before whom none lived equal to him, and who knows whether after him any one like him will live. Besides inspiring with a very exalted national spirit every reader of his poems and lamentations, he powerfully defended the Talmud in his book the "Chosar," where the eloquent defender of the Talmud is represented by the disputant arguing with the King of the Chosars, and which to the present time is a shining example of compositions of this kind. (A lengthy account the reader can find in the works of Karpeles.) After them is distinguished Abraham b. David Halevi (Ebn died as a martyr (1180). He defended the Tal Daud) who mud in his great work book (Exalted Faith) and in his (The Tradition), in which he power the deniers of tradition, and shows "Emuna Rama" "Hakabala" fully argues against all them in the wrong; supporting his logical torical facts, arguments by his proving the continuance of tradition from the time of Moses to that time. In his polemics against the Kara dumb dogs." ites, he is so irritated that he styles them " I JEHUDAH HALEVI, ABRAHAM With Moses monides" or b. Maiman, the Spaniard, DAVID. called by all 49 "Mai- (1135-1204), the Spanish period died the mental activity in Spain, after "Rambam" With him concludes. B. having flourished there for three centuries. About this great man we have nothing to add to what the historians who have preceded us have written about his life, and disputed about his (The reader desiring minute information is referred opinions. to the Life of the Rambam, "Taldoth Horambam," by I. H. Weiss, and also Karpeles work.) But we do not think it superfluous to remark on two points, viz.: i. That the opin ions of Maimonides are found to differ in the three different periods of his life thus, in his commentary on the Mishnayoth, they are not the same as in his work "Yad Hachazaka," nor : are they similar to that of his last work, "More Nebuchim," which he wrote in the evening of his life. For in all of them we see a development of his ideas according to the increase of his and knowledge it is not true as some affirm that there We have made it evident, long is no change in his opinions. Phylacterien-Ritus," that his decisions in ago, in our book his "Yad Hachazaka" or "Mishna Torah," do not accord with those in his commentary on the Mishnayoth and, it is studies ; " ; " needless to say, that his statements in the More" are at vari And in truth, ance with things said in all his former works. this is the case with main at a stand still all we may apply [Job, make wisdom known." this 2. great thinkers, that they can not re their youth to their old age, and to from xxxii. 7]. "Multitude That Maimonides has omitted all of years shall references in the Talmud which treats of witchcraft, demons, interpretation of not dreams, etc., only because they were considered by him as vain superstitions and follies, for this reason alone he would not have ventured to omit them, in spite of the Talmud, for he left all that is found in the Talmud of Halakhas and moral Hagadas, even with which he himself could not agree but his motive was, that, in his opinion, they had originally not been ; found in the Talmud, and that only the later men inserted them, according to their own ideas, for whatever purpose it might have been. (I. H. Weiss has insinuated this long ago, and it seems that the probability tends that way.) So also, about the apology advanced by many for the words 4 THE HISTORY OF THE TALMUD. 5o Maimonides at the head of his work "Mishna Torah," that he had chosen this title, because if a man first read the Penta teuch, and then this work, he will know the entire Oral Law, and need read no intermediate book that by these words he of did not mean work should be a substitute for the we do not think this apology needful, even For as Maimonides had observed that much that his Talmud, etc., etc. if lie meant this. had been superadded to the Talmud, also things opposed to no wonder if he wished to prevent those his general opinions not who could distinguish between the good and the evil, from reading the spurious passages, to which they would attach as great importance as to the Talmud itself. After he had sifted it, and arranged all that is found in that sea, the Talmud, in fourteen volumes, of his Mishna Torah," there is no pre-emp tion or oddity in these words, whereby he merely sought the ; " real good of the students. To enumerate in detail all his books, writings, epistles, polemics and apologies, we think superfluous here as all bio graphical and critical facts have already been given in detail in ; We will only remark, that after the great things which Maimonides had done and accom As the study of the plished, he did not attain his object. Talmud did not cease in any of the colleges, and, on the con trary, they who desired to criticize Maimonides, brought the the above-mentioned works. all rabbis to study yet more profoundly and attentively the Tal mud, and to add new commentaries, decisions of Halakhas, etc., etc. CHAPTER XI. THE SCHOLARS OF GERMANY AND OF NORTHERN FRANCE, AND WHAT THEY CONTRIBUTED TO THE STUDIES OF THE TALMUD. At the made shone time, progress, "the when Talmudic study flourished and diffused itself in all corners luminary of the exile" in in Spain, and of the earth, Germany, who con structed a strong fortress around the Talmud, in his great wisdom which was accepted in all places of the exiled as though canonical, and which not only contributed to strengthen the Talmud, but also to prevent all its adherents from perishing. Like Rabban Johanan b. Zakkai formerly, when he saw that GERSHON, "THE LUMINARY OF THE EXILE." 51 the end of Jewish civic independence approached, founded by wisdom a Jewish spiritual kingdom, which nothing could his and by saving from the jaws of that lion, Vespasian, Yanmia and its sages, saved the existence of the Jewish people itself; so did Gershon b. Jehudah who came from Carraibe to Mayence, where his great teacher Jehudah b. Meir resided. This most important task he found to be his prohibition, which he made in the name of the Talmud, and at once all Israel (in Europe) hailed this luminary, and accepted without protests or hesitation, his prohibition, and made it a permanent law. He saw and understood that the Jews scattered among Christian nations, among whom divorce is prohibited and ruin, polygamy regarded as a sin, will not exist long, if they persist to permit themselves these things, according to their laws, and, as he had not the power to forbid what was permitted in the Torah expressly, he strove to remove the causes leading to divorce and thereby he made his co-religionists so far like the Christians that they should be able to live side by side. He decreed, on pain of excommunication, and without re ; vocation or qualification, that polygamy be prohibited to every Israelite (see App. No. 13), and only monogamy should be add legal, and as long as the first wife lives, it is prohibited to to her another, in the capacity of wife or concubine. Thereby, did not he but also divorce was for main cause the removed, a added thereto but content himself with this decree alone, decree opposed to the Pentateuch, that divorce cannot take man and place without the assent of the divorced wife, if the impossible to live together, then only if the woman is also willing, the husband can divorce her. Whereas, till then, the woman was dependent on the will of his wife should find it It is superfluous for us to her husband, for good or for ill. two decrees, or rather of these on the consequences expatiate they have been to social life and the feeble sex as every thinking man can understand this. Added to these prohibitions, he permitted Jewish apostates, reforms of how much utility ; are penitent, to return to their faith, and also prohibited, on pain of excommunication, to open a strange man s letter and read it, without the assent of the person to whom it is ad who dressed. His energy, great wisdom, and deep observation of his THE HISTORY OF THE TALMUD. 52 s life, and strong wish to ensure its existence, we can from these reforms, which we do not find made by any rabbis of his predecessors and he was justly called, afterwards, "The Luminary of the Exile," as he illuminated in truth the eyes of all Israelites and gave to them a new life. He composed com mentaries on several tracts of the Talmud, which became dis tinguished in his age, and the commentator on the Torah, Rashi (whom we are going to mention) borrowed from him much. R. Machir, his brother (1030), was also a Talmudic scholar and the author of a Talmudic dictionary. Several ritual poets were also found in Germany and Northern France, as Meshulam bar Kleinmus, R. Simeon, b. Isaac, b. Abun of Mayence, who lamented the miseries of their paytonim in ritual poems and prayers for mercy (Sli choth), but their work in the study of the Torah was small and only in Metz and Mayence in Germany, and Rheims, Loiret, in Northern France and Narbonne, Montpellier and Beziers in Southern France were many scholars, whose active occupation was mental activity in the field of the Talmud. (The college of Talmud in Narbonne was erected by R. Machir, who had arrived from Babylonia to France and in the second half of the eleventh century came from this college R. Moses Hadarshon, known as the commentator on some tracts in the Talmud, and some books of Scripture and later gener ations drew much on his wisdom, and made many quotations from him. All or most of his writings are collected in one nation see ; ; ; ; work entitled Breshith Rabthi." R. Joseph Tob Aim (Baufils, of Lemans) who has edited and systematized many subjects and speculations of the Talmud, a list of the Tanaim and Amoraim, and the answers of the Gaonim, and R. Elijah the " , Elder, both men of that age, were esteemed as poets, but did not approach those of Spain. What is notice, considering the various countries that whereas the scholars of Spain (see App. worthy of at that age, is No. 14) exerted their great powers and displayed their knowl edge in collecting Halakhas of the Talmud, the scholars of Germany devoted themselves wholly to collecting Hagadas and Midrashim, so that various compilers rose. Of the dis are: of Midrash R. Moses of Narbonne, tinguished compilers R. Jehudah of Toulouse, R. Simeon, author of Yalkut " RASHI OR ISAACIDES. 53 where he compiled words of wisdom, morals and from Hogada, fifty various ancient works and arranged them to the portions of the Pentateuch. This Yalkut is according a comprehensive reference book for Agadic lore, and drove out of the field the Agadic compilation Lekach Tob," or R. Tobiah Zutrha" b. his Eliezer, by "Psigtha contemporary, Simoni," " who lived in Greece (Byzantium) at that time. will skip over a number of lecturers and We for want and we of space, will come Pashtanim to our great teacher, through whom only we are enabled to comprehend the Talmud, and to read it and study it, namely: R. Soloman b. Isaac of Trayes, called (by using the initials) "Rashi" (1040-1105). He was the first who gave a complete piece of work in his com He is one of the most wonder mentary on the Talmud. ful phenomena given by Nature, perhaps once in thousand years his advantage over Maimonides, his peer, is in the fact that he met with general acceptation in the whole world, and no one presumes to study the Talmud without him. The in fluence he has on Jewish students has met with no opposition ; The generations subsequent or discontent. him " " Parshandatha Explainer of the no man arose " (a proper name to Rashi, styled in Scripture), that is, Justly was he called thus; in truth with such ability to shed light on the Law." after him law or on obscure passages in Scripture. His comprehensive intellect embraced that mighty and eternal structure, the whole vast province of the theological literature of Israel. By his commentaries he has introduced intricacies of the common sense into the study of the vastest and profoundest The study of the tracts lacking his commentary, subjects. although many different other men have attempted to supply much trouble, till we As what Rashi eluci dates in a few words, or sometimes even by one word added to the text before us, has to be commented upon by others in the deficiency, gives us many pains and to understand the real meaning. come many laborious lines to make the student understand the Talmud. simple meaning The life of Rashi has been written by many scholars, who have discussed at length his commentaries, legal decisions, and The latest, A. H. Weiss, in the periodical "Beth ritual poetry. Talmud and in separate pamphlets. We think it therefore of the " THE HISTORY OF THE TALMUD. 54 We superfluous to repeat them, as this is not our task here. have to remark, however, on several points relating to the Talmud here, on which those scholars have left something for us to add : An examination of Rashi s commentaries on the Talmud, on the Bible, and legal decisions in his Hapardes," and so also his ritual poems, will show that they differ in their " nature totally. In his commentary on the Talmud, which general criticism places above his other writings, we see that he is very cautious to decide any Halakha, and to draw from the statements of the Talmud definite conclusions as to a law or custom. We do not remember in his whole commentary on the Talmud, any place where he should decide "that such a Halakha prevails," or even, "so was the custom in his days," as we find on many occasions in the commentaries of his disciples "Tosphath," and we have long ago shown in our work about Phylacteries (p. 24), that he has interpreted an obscure passage in the Talmud in contradiction to the cus tom and Halakha accepted among the Gaonim, because, ac cording to his method, (see there, p. 30). it is the plain meaning of the passage Everywhere he bewares of dialectics, and of some passages of the Talmud and others, contradictions between but he explained the subject of the passage according to its In case of Agadoth he also simple meaning in its own place. was careful to give only an explanation of the words, literally without any remark or opinion of his own, even hinted. This is his custom in his whole commentary on the Talmud. Where he found the text corrupted, he corrected it according to his opinion, and in accordance to his profound knowledge of the and language and, if necessary, removed the old version, not fearing additions or eliminations, provided the real meaning of the Talmud he comprehended, without Talmud, of its style resorting to forced ; and far-fetched reasoning. His commentary on the Bible, however, mostly he construes according to the Halakha had explained the biblical passages in the is ; different, i.e., as as the sages Talmud and Mid- rashim, without regard to the fact that the literal meaning of the biblical texts often does not bear out these constructions. Often he was not averse to interpret the text according to the Talmudic interpretation, even when its meaning is mani His festly contrary thereto by all the rules of language. RASHI OR ISAACIDES. 55 object in this is unknown to us, and it can only be conjectured that he did not like that his commentary should be at variance with the Talmudic interpretations and conclusions, which cor rectness and justice he forces himself in his commentary on Talmud to make manifest. Not so in his decisions; he endeavors always to interpret the laws leniently (mildly), and is averse to rigor. There he the also avoids dialectics, tries not to attain his object by strange and eccentric reasonings, but is only intent on finding the real deep meaning of the law, and to interpret it as mildly as it is It is true, that most of his decisions are written in his power. by his disciples, and we cannot find there that clearness of language and wonderful felicity of expression which he displays The Replies of in his two above-mentioned commentaries. the Gaonim and their works served to him also as a guide, but he did not tread in their footsteps blindfold, but he sifted their statements and construed them ingeniously into accordance with his own opinion this we witness in his book Pardes,* which has been accepted as a great authority for all Poskim deciders of the law subsequent to him. We do not possess his commentary on all the tracts of the ; Talmud, for of three tracts we know with certitude that the commentaries arc not his; and in the case of other tracts, And it criticism is doubtful whether they are from his pen. may be that they got lost in the course of time, either because he did not compose his comments on the Talmud in the natural order, but in the order in which they were studied in the great college at the head of which he was, and whither pupils flocked from all places of the earth, after the decease of the celebrated scholars of Lorraine; or perhaps he left this world before he had completed his commentary on the whole Talmud, as lie did not complete the commentary on the Bible, for those on the books of Chronicles, Ezra, and Nehemiah, and a part of the commentary on the books of Ezekiel and Job have not issued from his pen, though they bear no name, for they are easily distinguishable from his version in their style and by their nature. What Rashi had done to the Talmud, his disciples have * also reprinted It was by us at Warsau, 1870, with our preface and a few notes. THE HISTORY OF THE TALMUD. 56 done to his commentary, which they have surrounded by com ments and remarks on the margins, sometimes to make plainer his meaning, and sometimes they also made additions to amplify his statements by Agadas and Halakhas, and in the course of time they crept into his own commentary and were interpolated into the words of Rashi, but to separate them from his own words it is very difficult, even for the lancet of sharp criticism. Modern criticism has rightly thought that Rashi (Isaacides) commentary on the Talmud, which was began composed gradually, by the lectures which he delivered to the students. After this he turned to the Midrash, and from And as soon as his com it passed to the books of Scripture. was heard the among living, an echo sounded in the mentary his labor of the camp of Israel that if not Isaacides who laid his hand upon it to investigate and to commentate it, it would remain almost No wonder, neglected as its brother, the Palestinian Talmud. some fifty commentaries on the commentary of Rashi sprung up, which examine nicely every word and syllable that has proceeded from him and the last, Kabbalist, R. Samson, of Astropol, was not incorrect when he said in his book, Likute Shoshanim Collections of Roses that every drop of ink that has come forth from Rashi s pen it is needful to sit seven days and to examine with one s whole therefore, that after a short time, ; " " [" "], attention. Thus while Alphassi illuminated Spain by his elucidations of the Halakhas, another sun, Rashi, rose also in shed yet more light, to comment on the Talmud, its France to Halakhas And the latter had more success, in so far that was commentary accepted in all the world (among Chris tian scholars also, as has avowed Nicholas de Lyra, some two hundred years after Rashi s decease, that to the right under standing of the words and simple meaning of the texts, Rashi s and Agadas. his commentary has led him) by universal assent. And therein also is France superior to Spain, that though the latter has been studying diligently Torah, even from the ancient times, while the colleges at Sura and Pumbeditha existed yet, and after their fall, assumed pre-eminence in the usages and litera ture of Israel, their scholars could never agree, and were for But in France, since Rashi s commentary ever disputing. RASH BAM AND TAM. 57 began to shine, no voice dissented from the universal approval, and those who sometimes were at variance with him, did not withhold the great honors which were justly due to him, and endeavored to reconcile their own opinions with his. For two hundred years continuously, after Rashi s decease, his disciples were diligent at the holy work of spreading the study of the Talmud and a correct understanding of the great work of their master. They called their labors only Additions their thoughts which suggested themselves to to his commentary, and to explain it. i.e., CHAPTER THE DOCTORS OF FRANCE. (Tosphoth) them to , add XII. AUTHORS OF THE TOSPHOTH. Through the Tosphoth which were begun by Rashi s own descendants as his two sons-in-law, Meir b. Samuel and Jehudah bar Nathan and the sons of the first Samuel and Jacob Tarn, the activity of the scholars of France and Germany assumed great proportions and was exalted, so that all Israel in the Middle Ages accepted them unanimously, and in the course of time the numbers of their disciples and the pupils of their So that more than two hundred great disciples increased. Talmudists are known to the historian, but whom it is needless to enumerate here, except a few which we deem necessary for our work. His grandson, R. Samuel b. Meir, or Rashbam (1085-1158), did not content himself with the commentary of his grand father on the Bible, as well as on the Talmud, and tried his strength to explain them after his own method, that is, accord ing to their deep literal meaning, and leaving ingenious but forced constructions to dialecticians, even when the literal interpretation will thus be in direct contradiction to the Halakha (see App. No. 15) however, without any opposition to the traditions expressed. He only added in his commentary ac one to think to the literal meaning," but leaves cording deep " that even the traditional interpretation about the Halakha can find place. To the Hagada, however, which tries to inter pret biblical texts according to its legends, he opposes with all the strength of his intellect, and makes manifest their contra- 5 THE HISTORY OF THE TALMUD. 3 demolish the Hagada to the foundation. In on the Talmud, however, he is given to lengthy commentary and also endeavors to arrive at deci and dialectics reasonings sions of Halakhas, which his grandfather took care to avoid. Whoever sees critically, Rashi s commentary on Tract Baba Bathra up to 2gb, and from there onwards, Rashbam s commentary which is its substitute from that place onwards, will be astonished at the great difference between them, if but at the relative quantities of Rashi s comments and Rashbam s. From his commentaries and compositions we see that he had much knowledge of diverse languages, and of the manners and customs of nations and their modes of life, and gave human diction, so as to his reasons for many commandments of the Pentateuch. In Northern France his commentaries were accepted in the colleges and it became their main authority. But his younger brother, Jacob, styled Rabenu Tarn," devoted his whole mind to studies of the Talmud chiefly, and he became the center of the authors of the Tosphoth, to him flocked men with questions from all ends of the earth, to whom he was as an oracle. Justly we may entitle him the Pillar of He went to the depths of the sea of the Talmud, the Talmud. and made it his first task to reconcile apparent contradictions " He mended many corrupted texts in the Talmud, though of him it has been said that he decreed on the pain of excommunication not to amend any text in the Talmud, therein. likewise and in many places he disagrees with his grandfather. Aside from this he did not at one s own conjecture, neglect com mentaries on Scriptures and grammatical studies, and decided in favor of Menachem b. Sruk against Duns b. Labrat in his book "Hahakhraoth" (Reconciliations) he also tried his ability for poetry. As his biography has been written by the learned A. H. Weiss in a separate book, it is unnecessary to expatiate on it. Here is the place to remark that in late generations the second pair of phylacteries which pietists put on after the prayer, have been styled after him on account of two or three words which he wrote in his commentary on an obscure passage in Tract Mena hoth in opposition to Rashi s commentary, on ; account of a hair-splitting discussion in the language of the Gemara, though he had never the intention to decide so the JOSEPH KARA, ISAAC THE ELDER. 59 Halakha, as his grandfather Rashi had also not intended in his commentary on the Halakha, still those phylacteries are called after him. In truth neither the one nor the other was used yet as phylacteries, as testifies the greatest Tosphoth, R. Isaac the Elder (as this book on Phylacteries) among is the authors of explained in one . whom Pashi had in the college to mention R. Joseph b. Simeon proper Troy Kara who was revealed to us recently by modern criticism and R. Joseph Bchor Shor who was a disciple of Rabenu Tam, Among at the faithful disciples it is ; and composed a commentary on the Pentateuch in the spirit Rashbam. The other commentators on Scripture the authors of the Tosphath and their disciples, how among as author of Hagan (The Garden) a commentary on the ever, the Pentateuch, which is to be found in two different versions, and some more commentaries by R. Hezekiah b. Manoah, R. Isaac Halevi, R. Jehuda b. R. Eliezer, R. Jacob d lllesques, do not cling to the principle of literal interpretation, but of Drash and Mysticism. Rashi s commentary was, however, their model. The chiefs of the authors of Tosphoth in the period R. Isaac b. Samuel, called R. of from 1167 till 1300 were Isaac the Elder, from Dampirere, the nephew of Jacob Tam, his son Elchanan, Eliezer b. Samuel ("Ram") of Metz, author of that of " " : of "Sepher Yereim" (Book of the God-Fearing) , Isaac b. brother, Simsan of Chanz (Ritzba), his are called Tosphoth of Chanz, labors (Rashba), great Jehudah b. Isaac from Paris, called Sirlian, Ephraim b. Isaac Abraham, Junior from Reugspurk, and Nathan his Official, who will be mentioned by us further in a separate chapter. Among the latest of the authors of the Tosphoth, however, we may name the Rabbi Moses of Caucy, author of "Smag" who is also mentioned in Tosphoth thrice (Berakhoth, i4b, 43a, Aboda Zarah, i3a), and R. Jacob of Courbel to whom have been attributed the questions and answers from Heaven, and we doubt whether Isaac of Vienna author of the well-known book Or Zarua (Diffused Light), who also lived at that time, has also been mentioned in Tosphoth (see our work on Phylacteries, p. 140), " by the name of R. Isaac-simply, as not every time when name R. Isaac-barely is mentioned in Tosphoth, R. Isaac Elder is meant. " the the THE HISTORY OF THE TALMUD. 60 R. Moses of Caucy, contributed much to restore the study of the Talmud to its former splendor in his days, when in Spain it was almost stopped, and along with it many This last, ceremonies, as phylacteries, Mezuzoth and Tzitzith, which were not seen in his time in any part of Spain or other countries. to the oppression of the other religions by the dominant religion, the Israelites began to blend with the nations, and Owing thousands of them embraced ostensibly the dominant religion, and some even conscientiously, having despaired of the former hope of Israel, Moses of Coucy therefore devoted himself to his work and travelled from city to city, and from land to land, to encourage Israel in the study of the Talmudic literature, and restore the activity, and he is the first who required help for aim from gentiles, his friends, though not co-religionists, and that his works should find acceptance he backed them by dreams and natural phenomena that took place at the time, which he warned the people that they were signs from heaven, and also by astrology, to arouse the people to return to the study of the Talmud and its commandments. As he testified himself in his book which he wrote in his later days (1288), Sepher Mitzvoth Gadol" (Positive Commandments) whose title his " is abbreviated he concludes : After writing the sermons in exile, the year 4995 after creation (1235), an "Smag." "After And in the year event took place from heaven to chastize. and I in to was Spain preaching 1236 reproving them, God arms and Gentiles dreams, and strengthened my by Jews visions of the stars and extended his mercy to me, and the earth trembled* and there was general terror, great repentances were made, and thousands as well as myriads accepted the sacred ceremonies of Tephilin, Mezuzoth, and Tzitzith. So I was afterwards in other countries, and they were accepted in all places, and I was asked for a commentary on these command in brief." Not only in France and Spain were such books written about the practical ceremonies in the spirit of the Tal mud, but also in Germany, R. Baruch of Germisa composed ments "Sepher and R. Isaac from Vienna, his book (Or Zarua) which all treat of ceremonies and the rules of the Talmud, which those sages saw Hatrumah" "Diffused Light" Halakhas after * See our tioned here. " Phylacterien," page 85, concerning the trembling of the earth, men RELIGIOUS DISPUTES. 61 a great necessity to renew and arouse the nation to observe had become them, after the Halakahs of Alfasi and Maimonides violent and the in their persecutions ancient tone, already too then directed against the Talmud diminished the number of the It would seem that at that time was composed also students. in the the small book "Questions and Answers from Heaven" name of R. Jacob of Corbel who was known as a holy man, at end, that in to show to the people that its hope was not yet are venerated, and so are all heaven all wards of the Talmud who occupy themselves with it, as seen from the contents sages in of the questions and answers given from heaven especially it was case of R. Isaac Alfasi, about whom from heaven Not in an old man is wisdom, nor in schoolboys answered: with Isaac," and this counsel, but my covenant I shall fulfil Shem Tobb, may be a kind of basis for the programme made by Alfasi of may sub that diligent study Joseph Falkira (1264), " stitute the study of the Talmud. CHAPTER XIII. RELIGIOUS DISPUTES OF ALL PERIODS. From the earliest recorded times there have been disputes between men on faith and religion. When, in pagan countries, man consid the idols had become great in number and each ered his his own own the right one, he strove to convert his fellows to whether through benevolence or from wrath opinion, than that the idol of his neighbor should be considered greater in the found are Prophets. Traces of such disputes his own. To the Jewish people was probably due the increase in the its mission was violence and frequency of such disputes, since monotheistic, always the annihilation of idol-worship. Being its own. besides with any gods it could not live at peace such to disputes among historical importance can be attached idols was often of and with the heathen, because the number But when Christianity, as large as that of the worshippers. and to extinguish all convert humanity whose great aim was to the world, dominate to and over all theologies, began to spread baleful and new a the matter of religious disputes assumed aspect, for presecutions and trials were mercilessly inflicted on THE HISTORY OF THE TALMUD. 62 all who opposed it, whether those who took an active part in who refused to enter into them. the controversies or those In recording the history of the Talmud and of its persecu tions we cannot pass over the disputes concerning it from the time of its birth, and continuing throughout its troubled history in succeeding ages. A minute history of all these controver sies, however, their dates, the names of the disputants, the topics of the disputes, as well as the consequences to the Tal mud, would require a volume twice the bulk of the Talmud We content ourselves with devoting to it a separate chapter, mentioning only the greater historical controversies and giving a rsum of the subject matter of the itself. will therefore we deem them of value to our readers. Already in the first century we have seen that disputes as the disputes between the Jewish Christians and their brethren who did not believe in Jesus Messiahship were many. In the Talmud are many sages and Amoraims who were com to enter upon disputations with their Christian brethern.* pelled But in the second and third centuries, houses for disputations given the names of (see App. No. 10) had already been established, as well in Pales tine as in Babylonia, and doubtless also in many other places where Jews dwelt. Those known to us by name are the house and that of Nitzraphi. The Jews were forced to come hither, or to of Abidan, the house of Abiani, Talmud relates that the furnish sufficient explanation for not so doing. have no record of the results of these disputes, but in We the sixth century we see Priscus, a Jewish officer of King When ordered to embrace Eilprich, forced to a controversy. " Christianity he naively replied that he could not believe that, to save sinners, God was compelled to enter into marital rela woman, and order to redeem the world, underwent the death-agony, when at his command were hosts For this he was imprisoned. of angels not needed in heaven." Henceforward in almost every century of the Christian era tions with a finally, in who forced the Jews into controversy. In the seventh century these disputes were used as weapons against the Jews of Spain in documents issued by Isidorie, Bishop of Seville. These and other writings against the Jews, there arose fanatics * R. Aqiba with R. Gamaliel, Joshua others. b. Hanania, Ishmael, Abuhu, and many RELIGIOUS DISPUTES. added to the verbal disputes, finally resulted in the 63 ninth cen tury, during the reign of Charles the Bald, in invectives pro mulgated by the Bishop of Amulo, denouncing the Jewish and inciting all Christians to their in eradicating the error from the minds of the Jews, to creed as duty them to accept the Gospel in place of their belief in the Messiahs, one a descendant of David and the other a de force two "superstition" scendant of Joseph. It is remarkable that in these documents the bishop complains that the Jews, by their eloquent sermons and lectures, made more impression on their hearers than did the preaching of the Christians, as he was convinced by per sonal experience. And, indeed, in this he was not mistaken; where the Jews lot was ameliorated, as in the reign of Louis who, as well as his wife, Judith, honored the Jews, so much so as to change for their sake the fair-day from Saturday to Sunday many Christians came to the synagogues to hear the Rabbis and the scholars among them read with pleasure the writings of Philo and Flavius instead of the Gospel, and likewise learned from Jewish scholars the interpretation of Scripture, as Rhabanus Maurus of Fulda avows in his commen tary on the Bible. The Jews in Arabia also were forced to dispute with the for the Saint Mussulmans, who assured them that the teaching of the Tal mud had its day and Islam was even then usurping its When Basilius the Macedonian ascended the throne place. of Byzantium he summoned learned Jews to argue with Christian priests, who strove to convince them that Jesus had become the center of the law and prophets. But these dis putes are insignificant compared with those of the last four centuries of the Middle Ages; during this period the number of Jewish apostates increased, who challenged their brethern Massacre and pillage were the of the old faith to arguments. results of these disputes, the invitation to which was, briefly, ye be willing and obey, the good of the land shall ye eat but if ye refuse and rebel, by the sword shall ye be devoured." And, as if no loophole should exist through which the Jews might evade persecution, if a Christian were as follows: "If ; converted to the Jewish faith and mocked his former religion the Jews were held responsible and punished. Thus in the ninth century the priest Boda accepted Judaism and ridiculed THE HISTORY OF THE TALMUD. 64 the Christians, going even so far as to beg the Mohammedan rulers in Spain to permit residence in that country only to Jews and Mussulmans, and not to Christians. Coystan Becele- lonus in 1005, in the reign of Henry II., wrote a pamphlet in Fools which he addressed his former co-religionists thus : read the prophet Malachai, who says in God s name, I am How then can you believe that the God, without change. Divinity underwent any change?" The culmination of all was a renewed outburst of wrath and persecution directed against the Jews. this The Christians did not consider the fact that he who ex changes his religion for another, from any motive whatever, by so doing is held in enmity by his former co-religionists and esteemed of no value. They declared that the Satan had seduced the Jewish proselytes, while at the same time they gave credit to all the calumnies uttered by the his affirmations spirit of Christianized Jews and granted them power to compel the Jews to enter into dispute with them. For this alleged guilt of Satan they punished the Jews with restriction of rights, con An instance is recorded fiscation of property, or total exile. of the conversion in London in 1275, during the reign of Henry II., of the great Dominican preacher Robert de Redinge to Judaism, who adopted the name of Haggai. The Christianized Jews of France and Spain were also the cause of great trouble to the Jews in those countries during the Middle Ages, though Christianity had been the dominant religion but for a short period. Of the more prominent controversies of that time may be mentioned that of Rabbi Nathan Haupniel, one of the writers of the commentaries called "Tosphoth" (Taanith IX., the Tosphoth beginning at Aser T aser"), known among Gentiles as Nathan Official, the colleague of Rabenu Tarn and perfect under the Archbishop of Cens, with this same archbishop, and, near the close of the twelfth century, with Pope Alexander and " At this epoch the status of the Jews of France was one of peace and prosperity, and R. Nathan and his colleague, Rabenu Tam, were honored at court. The bishop attempted to prove by the passage, Let us make man the king himself. " in our image," used. R. Nathan that the Trinity s answer was: is meant, since the plural "Before replying to this, is I RELIGIOUS DISPUTES. 65 you a question in law concerning myself. You are aware that I loan no money at interest (this he mentioned because the Jews were then charged with usury) I gave to a friend a sum of money with which to purchase merchandise, and in the profits arising from which I was to share. He trans ported the goods to Paris, but finding that their market price had greatly diminished, he threw all into the Seine without I am therefore of opinion that I may de consulting with me. mand of him to return to me the whole sum for by what right did he inflict on me a financial loss without first asking my desire to ask of . ; The bishop replied: "You may without doubt; and according to my opinion you are entitled to additional consent?" compensation besides, since how dared he destroy your prop answered R. Nathan, "you will of that is erty?" course grant that God is at least as just as men, and if, accord ing to you, he had created men with the assistance of the other two Persons of the Trinity, how comes it that he declares, I will destroy man whom I have created from the face of the "If so," [Gen. vi. 7], without first consulting the other Persons of the Trinity? They also were entitled to a part in disposing of man." On another occasion, being asked why the Jews earth? were obstinate in refusing to worship Mary, the mother of God, R. Nathan replied: "Tell me, you who are so learned, whether the question never occurred to you: how was it possible that the idea of worshipping the golden calf entered the Jews minds after they had been and wonders witnesses, shortly before, of all the signs and the thunders and lightnings on True whenever I read replied But I am not seems a great problem to me." of the Eternal, Mount Sinai ? The bishop : ; " this passage it answered R. Nathan, with hidden irony. "The Jews saw that the gold when thrown into the fire was made into a calf, and they doubted not that the Holy Ghost had clothed itself in this precious metal but you who affirm in the least surprised," ; that the Holy Ghost became incarnate in a woman must needs remember that when God wished to give to the Israelites the For three days you shall not ap Decalogue he warned them : proach a woman [Ex. xix. 15]. when He How, then, can the endow Jews be with a a woman?" Re new testament, He should himself approach plies of this kind were numerous from R. Nathan, as well as lieve, after this, that desired to Israel THE HISTORY OF THE TALMUD. 66 Joseph and Asher. Thus it is also told of R. Bchor Shor that to the question, "Why did God choose Joseph to appear to Moses in a thorn?" ("bush" in the incorrect ver Because from it no image can be made, nor sion), he replied, can it be used to form a cross." These disputes, however, did not bring about the terrible calamities which usually followed those in the Middle Ages, Judith, the Queen of Louis the Saint, protected the Jews and their studies, preventing the priests from taking vengeance from his sons " for such ironical expressions as those given above. Bishop Bodo perceived that his aims were not furthered When by the disputes, he prohibited altogether such controversies with the few decades passed, and not only was this pro hated Jews. A hibition ignored, but the Jews were again constrained to dis pute in the presence of Louis IX. and his wife, and the chief civil and ecclesiastical dignitaries, the latter representing Pope the four rabbis, R. Jechiel of of the Pious R. Moses of Coucy, the Paris, disciple Jehudah the famed travelling lecturer R. Jehudah b. David of Melon, and R. Solomon b. Samuel, to dispute with the apostate Donin, Gregory IX. It fell to the lot of ; ; who took the name of Nicolus. evinced a tendency, as it This man while yet a Jew had appeared to the rabbis, to rebel against Judaism, and therefore they had excommunicated him. In revenge, he went to Rome in 1239, and charged that the Tal mud contained sacrilegious sayings as to Jesus Christ and his mother, and so distorted the Scriptures by its interpretations and comments that thereby the Dietywas blasphemed. He further charged that it gave license to illegally deprive Gen tiles of their property and granted permission to deceive them. The sum of his libel, which contained thirty-five points, was that the Talmud was the enemy of Christian truth and the sole cause of the refusal of the Jews to recognize the divinity of Jesus. be in place here, before further consideration of the character and consequences of this and many other disputes in which Jewish apostates were the accusers and disputants, to speak of the Jews of the Middle Ages, what they were, and, having in view only the truth, to expose their faults. For by their great intolerance, and their conduct towards all who en It will tertained opinions of the least liberality, differing ever so RELIGIOUS DISPUTES. 67 from their own, they brought down upon themselves, There was were by their own hands, terrible calamities. slightly as it is well known, a division of opinion among themselves Rabbis the concerning the books of Maimonides. Many Rabbis excommunicated him after his death, and even defaced his epitaph; and the intolerant R. Solomon of Montpelliers, with his colleagues and disciples, resorted to the Flagellants and Dominicans for aid, saying: "Behold, there are among us heretics and infidels, for they were seduced by Moses ben Maimon of Egypt. You who clear your community at that period, as of heretics, clear ours too" (Karpeles, p. 346). They assented gladly, and the books of Maimonides were burned at the stake From the conduct of these fanatics in Paris and Montpelliers. towards that lion of Israel (they themselves avowed that he was infinitely superior to them in science and learning) we can conceive their terrible vengeance against an ordinary man or when he ventured to express opinions in any degree at variance with their own, or to transgress the Sabbath by carry ing a handkerchief or drinking of Gentile wine, which in their scholar opinion is against the law. Who, then, could resist their ter rible weapon excommunication, which they used for the pur pose of making a man a ravenous wolf whom every human being fled from and shunned as though plague-smitten? Many who drank of that bitter cup were driven to the grave, and many But woe to the excommunicators if the others went mad. excommunicated afterward received baptism from the Domini Then the vengeance of those who had been banished was cans fearful; like serpents they stung their former brethern, and of ! caused misfortunes to thousands of souls who became as sheep for the slaughter. Thus on the 24th of July, 1240, the complete Talmud was brought by Donin to the royal palace, and R. Jechiel, who, because of the fact that he had disputed with many priests, had been elected head of the disputants, was asked by him, in the presence of the king and the whole assembly, whether he be lieved in all that was written in all these books, now more than four hundred years old. To this R. Jechiel replied, addressing the king: "Our Talmud is not four hundred years old, but more than fifteen hundred, and this alone suffices to prove that the controversy concerning what is said in it is superfluous; THE HISTORY OF THE TALMUD. 68 up to this time there have been Jewish apostates and many learned Christian priests who were conversant with its con tents and found no evil in them. "Hieronymus," continued for " the Rabbi, who was known to all as a wise and devout Christian familiar with Jewish literature, much writer, better than would doubtless have sought the destruc Talmud, he had found therein such terrible things this apostate sinner, tion of the if as this apostate alleges. Therefore I feel sure that this who seeks our lives, will never attain his object; he liar, may indeed deprive us of our lives, but not of our Torah, dear to us If you vent on us here in France all as the pupil of our eye. will still the Talmud be found in Spain, Greece, your anger, Babylon, Media and Mesopotamia, in possession of the Jews of and there you cannot reach to destroy these countries, it." The king was not this, but bade R. Jechiel give a direct answer to Donin. To this the rabbi answered that the moral and legal doctrines of the Talmud were held sacred, but that full credence need not be given to the Hagada, which should not be taken too literally, since it is for the most with satisfied The Ramban gave expression to a like To opinion, but it would be superfluous to quote him entire. the other accusations of Donin, that the Talmud terms the followers of Jesus Christ Minim" (infidels), that it condemns part allegorical. " allows ill-usage of people of other nationalities, In the Talmud there is no mention of Jesus etc., he replied but Christ, only of another Jesus (Jeshua) who was a (Jesu) Jesus, that it " : disciple of R. before Christ all who deny b. Prachia, who lived two hundred years that the term Minim in the Talmud includes Joshua ; the Oral Law ; that it grants equality before the men, idolaters included, and commands visita tion of sick idolaters, support of their poor, and interment of their dead even in Jewish cemeteries. He also proved that civil law to all according to the Talmud, the Christians are not included among idolators, since the prohibition as to sharing in divine power is directed only to Israel and has not been enjoined on other people; and, moreover, since the Christians abhor idolators, they cannot themselves be counted among them. distinction laws of There is no drawn between them and Jews by the criminal all civilized No. 15.) lands," as well as in the Talmud. (See App. RELIGIOUS DISPUTES. Thus two days passed 69 with R. Jechiel, whose were written down by a disciple and collected later in a On the third day, book, "Joseph Ham qane" (The Zealot). R. Jehudah b. David, having been prohibited from holding intercourse with R. Jechiel the first two days, was called to the dispute, and when his assertions were found to agree with those of R. Jechiel, the controversy came to an end. The second dispute which must be noted is that started by in disputing replies the apostate Pablo Christiani, in July, 1263, with the rabbis of This was the reverse of the previous dispute, in that Spain. the first charged the Talmud with despising Jesus and Chris endeavored to prove from the Talmud Pablo claiming that the book itself the Messiahship of Jesus contained many such passages. Rabbi Moses ben Nachmani tians, while this dispute ; (Ramban) was selected as disputant. This controversy also took place in the royal palace in Barcelona, and lasted four The principal topics for discussion were Whether the days. : Messiah had already appeared or was still expected; whether he would appear as a warrior, to restore the kingdom of the Jews, or as God s son, as Jesus. The passage, "the sceptre shall not depart from Judah until Shiloh come" (which the Jews also understand as referring to a Messiah) Pablo adduced , as proof that after the destruction of the Temple and the fall of the Jewish kingdom it must of necessity be considered that Again, the Talmud itself says, the Temple was destroyed," and the Messiah had arrived. Messiah was born when jah said to R. Joshua the son of Levi, gates of Rome, among the sick," etc. The Messiah Thereupon Nachmani addressed the king. he, "we Bible, in "The " sits at "Know," Eli the said possess three different books; before every other, the which we implicitly believe; then the Talmud, which we hold sacred as an indispensable commentary on the biblical but the third book, which we call Midrash, comprises laws; mere sermons or speeches, which are listened to by the Jews but which exercise no authority over them. "The Hagada," he continued, as its name indicates, a mere collection of a creation of fancy, communicated by one per legends, fiction, son to another, but not held by the Jews as dogma, and which I myself do not believe." Then turning to Pablo, I will reply "is, " directly to you as to the question at issue. If the Talmud, as 7 o THE HISTORY OF THE TALMUD. founder of your church as the true Messiah, why have not the Talmudists believed in him? Why did they not avow him, as you, Pablo, have done? For five you assert, regards the hundred years have men been at work on the Talmud, and none had been convinced or induced to enter the church. is it to be found in the Bible or the Where," he asked further, Talmud that the Messiah will suffer at the hands of men ? On the contrary, it is said of him, He will reign from sea to sea," "Dwellers of the desert will kneel before him" and "nations will adore him," which certainly was not the case with your Messiah, who, by the way, was born long before the destruction of the Temple of Jerusalem, and therefore the Talmudic pass age can have no reference to him. Rome had not your alleged Messiah to thank for its greatness on the contrary, its power and dominion gradually declined after his advent, and since the " " ; birth of your religion a new creed, the world-dominating Islam, has arisen. Further, were the omens and prophecies of the Messianic time fulfilled ? Of this the prophets predicted that homicidal war will cease, a universal peace reign in the world the swords will be beaten ploughshares, the spears into pruning hooks, and the harmless animal will graze by the side of the ; wild one; that no injustice will occur, a moral elevation will ennoble men, God s spirit will enlighten all peoples, and a uni versal purified knowledge will be But introduced. since your Messiah appeared, numberless wars have disturbed man kind, justice, morality, and brotherly love have not yet become the ruling principles of the world, your religious truths have not satisfied the adherents of Islam, and one God does not as yet If you make of your Messiah a God, then we reign on earth. cannot believe at all in him. The Messiah must be, according he must be to the prophets, a man out of the stem of Jesse a born of son of a not God need child ordinary parents, sprung he be. Nay, the passage in the Talmud which you bring for ward as favoring the Messiahship of Jesus, that Messiah sits on God s right, and Abraham on his left, shows him not to be a God, else could not the Talmud say directly after this that Abraham s countenance darkened on account of the favor Were he God s son, surely Abraham shown the Messiah. would have known him as Divinity and have yielded to him, with no feeling of jealousy, the first place. The language of ; RELIGIOUS DISPUTES. Talmud 71 and by its assertion that the Messiah was born with the Temple s destruction must be understood the revival among the Jews, through this barbarity and in They assuredly do not justice, of the hope of a Messiah. who saw Messiah the light of day fully a hundred accept him as years before this event, and who, in spite of his sufferings, the is peculiar, brought to the world neither salvation nor redemption. And how stands it with your assumption that your Messiah re deemed the world from original sin ? The penalties decreed for that sin still exist. the sweat of the Women still suffer pain in childbirth ; in brow must the ground be ploughed, and Death thins the hosts of the living evils which, according to your construction of the Bible, result only from original sin. still As to the passage quoted significance: The ad being nally meaning demned it, the Bible, this Judah The is its eter clear dependence, if he be con will not last forever, for the Messiah will come of this to by you from sceptre shall not depart from equivalent to load (forever). is that Judah s him his independence simply, that he will ap For the rest," continued Nachis not but yet come. pear, for I do not the Messiah. With us it is accounted mani, long and restore to ; " as of greater merit if we, living in foreign lands, among strange of the king, worship our God, people, and under the protection than if we, as free masters, adhere to the law in our own land." Pablo was no match to Nachmani and his striking proofs. The next Sunday, King Jacob I. of Aragon appeared with The general of the Dominicans Pefiaforte in the synagogue. resumed the dispute, and sought to prove the Trinity by the simile of wine, which also contains a trinity in it, color, flavor and odor, and yet is one thing. Nachmani, however, refuted him, and demonstrated that to accept this argument would be Peftaforte became per to assume also a fifth person in God. and is so that the deep a mystery that replied plexed Trinity the angels are unable to comprehend it. When Nachmani had asked the modest question, "Why, then, should men raise themselves above the angels to dispute about and to hold fast to so deep a mystery?" The king dismissed him with Nachmani was banished. He did rich have never yet heard presents, adding these strange words: a wrong cause so masterfully defended." "I not, as Nevertheless, contemporary THE HISTORY OF THE TALMUD. 72 deep shame, but was expatriated through the intrigues of the clergy, and emigrated to Palestine, which, in his opinion, should be a Mecca for every Jew, and arrived there shortly after Jerusalem had been re duced to ashes by the Mongols. There he continued his labors in behalf of Judaism and compiled his commentary on the To his disciples whom he left behind it is related that Bible. he said, on their asking of him a sign of the day of his death, that his mother s grave stone would be rent in twain. ecclesiastical chronicles affirm, flee in After seeing, however, that the dispute led to no satisfac tory results, and that Nachmani and other Jews were not con vinced by the argument of "no salvation outside the church," changed his tactics and impeached the Talmud before Pope Clement IV., claiming that it abused and blas Pefiaforte phemed the founder of the church. The Pope appointed a com mittee to examine the matter, and on their adverse report the obnoxious passages were stricken out, the erasing stylus was drawn through the pages of the Talmud by ignorant Domini cans, and was subjected to the fudgement a sad concurrence of historic events! for the first time it of a censor. What Maimonides were again consigned to the stake at Acco through the efforts of the Kabbalistic fanatic Solomon Petit; in Tiberia the tombstone of Moses b. Maimon, the greatest thinker to whom Judaism had given birth in a thousand years, was shamefully dishonored and its epitaph replaced by the words; Here rests an excom municated heretic." Of far more importance were the attacks on Judaism and the Talmud in the dispute which took place at Tortosa, in Aragon, in 1413, under the supervision of Pope Benedict XIII., and which required no less than sixty-eight sessions. Long before this time the Jews had held polemics with Christian scholars, and the Jewish literature in defense of the faith which had been current in the thirteenth century, and which included also attacks on Christian dogma, was now in full bloom. Raymond Martin, a Dominican Hebraist and one of Twenty years later the writings of " the censors of the Talmud appointed by the Pope, who the Talmud with comparative two hostile of Faith) books under the and "Scourge leniency, wrote against treated Judaism " titles for the (Dagger wherein arguments in Religious Jews," Dagger" RELIGIOUS DISPUTES. 73 favor of Christianity were adduced both from Scripture and from rabbinical writings. These books were imposing not less from their powerful logic than from their exhibition of pro found scholarship, and the renowned Talmudist, R. Solomon The apostate Abner b. Adereth, was called to refute them. Alfonso Burgensis, a polemic of more danger to Judaism, at the commencement of the fourteenth century, wrote a number of controversial works against his former religion, to whom Isaac Pulgar replied with a trenchant satirical poem as well In 1375, Moses Kohen de Tordeas an argumentative work. sillas disputed in the church at Avilla with the renegade John of Valladolid, and soon after this proselytizing cardinal Pedro de Cuna challenged Shem Teb b. Isaac Shoprat to a public The latter published in 1380, a compre Eben Bochan," and also translated the Hebrew to enable his co-religionists to arm them religious discussion. hensive defensive work, Gospels into " from the Christian arsenal; they subsequently found themselves obliged to use these weapons only too often. In 1391 occurred the first great persecution of the Jews in Spain, during which many, to escape the sword, embraced Christianity. Whereas the greater part of those who were forced into con version usually returned to the fold of Judaism, some of these selves new Christians were, conversely, possessed by a great zeal for proselytizing, as, for example, the physician Astruc Raimuch, and particularly the former rabbi, Paul Burgensis, the latter of whom was a source of much mischief to his people. The satirical poet, Solomon Bonfed, the ingenious thinker Chasdai Crescas, the physician and philosopher, Profiat Duran, indited convincing replies to the attacks of these apostates. But in the foremost rank of these polemic writings stands the circular letter of Joshua Lorqui, which he addressed in an apparently submissive tone to his former teacher, Paul Burgensis, where in, along with keen attacks on Christian dogma, he tells Bur gensis that as a thinking and learned man he could not have accepted Christianity through conviction. When one reads this letter he must hold it almost a psychological impossibility man who adopted such an attitude towards Christian in later years have gone over to the Christian church should ity and become a scourge to his co-religionists of the Jewish faith and yet this Joshua Corqui was, with scarcely a doubt, identical that the ; THE HISTORY OF THE TALMUD. 74 who later assumed the name of Geronimo Santa Fe, and came forward to impeach Judaism and the Talmud at the with him dispute in Tortosa. Benedict XIII., one of the three popes who were then striv ing for dominion, had a particular interest in this dispute. This pope had been deposed at the Council of Pisa as a heretic and perjurer, and had been excommunicated; in Spain, however, he was recognized as pope, and from that place he set in motion If he could his plans to make himself universally recognized. succeed in breaking the obstinacy of the Jews and effecting finally their conversion as a people, it would be a great triumph for the church, and for himself personally. From these motives he willingly permitted King Fernando of Aragon to invite Jewish rabbis and scholars to a theological discussion at Tor Sixteen of the most prominent appeared at that mem tosa. orable dispute, which lasted, with many interruptions, from February, 1413, till November, 1414. The apostate Geronimo, the physician-in-ordinary of the pope, had arranged previously First he de the following programme for the controversy. prove from the Talmud that the Messiah must already have arrived. Should this argument be ineffectual, however, then a war to the death was to be declared against the Talmud, sired to which sustains the Jews in their unbelief. notables appeared in the session hall on the When first the Jewish day, the thou sand there assembled, presided over by the pope (who was pompously arrayed and seated on an elevated throne), made upon them an overwhelming impression. The pope himself opened the session with an address, wherein he laid emphasis on the fact that the question now was not as to the truth of Judaism or Christianity Judaism once had been true, but was ; The discussion must turn by on the point whether, according to the Talmud, Jesus is only the promised Messiah or not. Thereupon, Geronimo delivered a lengthy speech, which he concluded with the text, If ye be willing and obey, ye shall eat the good of the land; but if ye In his refuse and rebel, ye shall be devoured by the sword." replaced the later revelation. " reply, Don Vidal Benvenisti placed the apostate s wickedness in its true light, inasmuch as he had threatened with the sword before any proof sequent sessions, had been brought. In the sub Geronimo cited passages, more or less famil- for or against RELIGIOUS DISPUTES. iar, 75 from the Talmud and Midrash, to prove to the unbelievers Talmud that the itself, when rightly understood, attested of the Jews But as the representatives Messiahship. explained these passages according to their real meaning, and at the expiration of sixty-two sessions evinced not the slightest inclination to be converted, Geronimo, at the pope s bidding, came forth as impeacher of the Talmud, asserting that it con tained blasphemies and abominations of all kinds and must Jesus To prove this, he therefore be unconditionally condemned. Halwickedly or ignorantly perverted many passages. The akha teaches, for example, in relation to the verse in Exodus "He that smiteth his father or his mother shall be put xxi. 15, to death," guilty of death who wounds his from this Geronimo inferred that the Tal that he only is parent by beating mud allows the beating of parents. The Halakha also teaches in reference to blasphemy that only he who blasphemes God ; " by his name of four letters (Jehovah) is guilty of death," and from this Geronimo concluded that the Talmud permits blas phemy. Geronimo was also the first to affirm that the Jews " break oaths, in conformity to the prayer Kol-Nidre." for Every one at all familiar with this prayer knows that it is taken and vows of non-fulfillment oaths, forgiveness for the or broken through forgetfulness, and is but an may unconsciously argument matter. in favor of the Talmud s scrupulousness The Jewish delegates defended themselves, it in this is true, with skill against these accusations, but were finally so hard Most declared pressed that they divided into two parties. that the passages of the Hagada brot.ght forward by Geronimo had no authority whereas Don Vidal Benvenisti and the relig ; ious philosopher Joseph Albo declared that the Hagada was held by them as of full authority, but must not be construed events, the pope did not succeed in causing even one of the delegates to waver or in of the Jews. Driven effecting the hoped-for general conversion in a very unfriendly them to anger at his failure, he dismissed and soon thereafter issued a bull in which he inter literally and then judged. At all manner, dicted the reading or study of the Talmud by the Jews, and ordered that search be made for copies of the book and they be then destroyed. He also directed that in Spain the Jews should live separately from the Christians, fill no official sta- THE HISTORY OF THE TALMUD. 76 tion, practice no trade, nor devote themselves to medicine. The Fortunately the hostility of the pope had no effect. Council of Costnitz deposed him; his former protectors, King Fernando and Emperor Sigismund, renounced his cause, and the fanatic Flagellator and preacher, Vincent Ferrer, preached openly that such a man as this pope deserved to be persecuted " to the utmost and to be killed by any good Christian." Filled with rage at the issue of the dispute, Geronimo published later a voluminous book against the Talmud, and the apostate Paul Burgensis, who was elevated to the bishopric, composed in his To these eightieth year, a work hostile to Jews and Judaism. and similar attacks the Jews were free as yet to reply without Answers were published by Joseph Albo, Vidal ibn Lobi, and Josegh ibn Shemtob, defending their own creed and winging arrows at Christian dogmas also. Several dec ades later the Jews of Spain were attacked not with the pen, but with the fist, not with spiritual weapons, but with physical force, and met with bloody persecutions till finally, in the total exile of 1492, the proud Spanish Jews were compelled to empty restriction. the cup of misery to the dregs. CHAPTER REUCHLIN, XIV. AND THE TALMUD IN THE SIX AND SEVENTEENTH CENTURIES. TEENTH PFEFFERKORN, Joseph or John Pfefferkom was a German Jew, who lived in He was ignorant of and had a but limited worldly knowledge, very acquaintance with Jewish literature. He became a Roman Catholic to es cape the penalty for a theft. The Dominican monks of Cologne, the beginning of the sixteenth century. surbordinate to Hochstrater, the Judge of the Inquisition, re him into their community with great honor. Hoch ceived was a great fanatic and the enemy of every one who bore of Jew. His colleagues were Arnold Tangersky and Arthurin Gracia. This latter had committed to a Jewish apos strater the name tate, Victor the task of writing a pam In this pamphlet the author brings Karbensky (1504 A. c.), phlet against Judaism. various accusations against the Jewish people, the responsibility for which he places on the Talmud. He recounts fabulous REUCHLIN, PFEFFERKORN, AND THE TALMUD. 77 charges of Jewish persecution of apostates, and complains that even the poorest and most criminal and hardened Jews subject themselves to all manner of hardships rather than embrace The pamphlet concludes with these words: Christianity. "All this is due to the Talmud, which is the source of all evil, and which the Jews hold in greater reverence than the ten com mandments of God." The Dominican monks found that this pamphlet failed of due effect, and asked Pfefferkorn if he could write a better one. He wrote the " " (The Warnungsspiegel Mirror of Warning), wherein he pretended to be a friend of the Jewish people, and, for their own good, desired to introduce He urged them to convince the Christianity among them. Christian world that the Jews do not need Christian blood for their religious rites. He also tried to induce his Christian brethren not to persecute the Jews unto destruction; for, he said, the Jews are also, in a way, human beings. Along with these pretences of friendliness he evinces in the pamphlet the desire (and in this he was seconded by the Dominican monks) The causes which to take the Talmud by force from the Jews. hinder the Jews from becoming Christians," said Pfefferkorn, "are three: first, usury; second, because they are not com pelled to attend Christian churches to hear the sermons; and third, because they honor the Talmud." Therefore he appealed to his co-religionists and the rulers to remove the first two causes as to the third, he advised the government to take the ; Talmud from the Jews and burn it. But even this pamphlet was not \vholly successful, because the rulers and the people understood that depriving the Jews of the Talmud would inure to the benefit, financially, of the Dominicans for these latter, being the Judges of the Inquisition, possessed the power of de ; claring the books harmless and of returning them to the Jews for a consideration. Therefore Pfefferkorn hastened to issue another pamphlet, in which he used harsher expressions, and tried to convince the people that the hatred of the Jews for He issued Christianity was due solely to their religious books. also a third pamphlet, on Jewish history, in which he con tradicted what he had written in his first pamphlet. He said plainly that every Jew considers it a good deed to kill, or at least to mock, a Christian therefore he deemed it the duty of ; all true Christians to expel the Jews from all Christian lands ; 7 THE HISTORY OF THE TALMUD. 8 even if or obey the law should forbid such a deed, they need not heed it in this respect. is the duty of the people," he "It ask permission of the rulers to take from the Jews all said, their books except the Bible," as well as all the pledges of Christians to be found in Jewish hands; also, that Jewish children should be taken away from their parents and educated "to in the Catholic religion. He concluded his work thus: the Jews is doing the will of God, and benefit will incur damnation." afflicts who "Who seeks their Although the religious hatred of the times of the Crusades was then far from extinguished, Pfefferkorn s books did not find favor with the rulers, as the Jews were their chief treas urers, from whom they at all times exacted enormous taxes. Therefore they did not desire to drive them from their terri tories; and to compel them to embrace Christianity did not suit them either, as most of the Christians disliked Jewish apostates and looked upon them disdainfully since they well knew that in most instances they did not accept Christianity through belief in the religion, but from more worldly reasons. In addition to this, all the Jews of Germany, as also the physi cians of the rulers, who were for the greater part Jews, did all in their power to prevent Pfefferkorn s advice from being Many Christians, too, asserted that they were convinced that Pfefferkorn was bad at heart, a carried into execution. flatterer, and that his sole object the expense of the Jews. was to enrich himself at Therefore Pfefferkorn wrote a fourth all he had written previously, and declared that the only way to be rid of the Jews was either to expel or enslave them the first thing to be done was pamphlet, in which he reiterated ; to collect all the copies of the Talmud found among the Jews and to burn them. Arthurin Gracia, who was the Censor of Art, revised and corrected Pfefferkorn s works and rendered them ; into Latin and German, and sent them to all the rulers Besides this, the Dominicans addressed them of the period. selves to the sister of the Emperor Maximilian, Princess Kuni- gunde, who was a nun in a Dominican convent at Munich. They begged her to intercede with the Emperor in behalf of Pfefferkorn. They eulogized Pfefferkorn, telling her of his knowledge of Jewish life her to confide in him. and of his good character, and urged Finally they persuaded her to give a REUCHLIN, PFEFFERKORN, AND THE TALMUD. 79 copy of his pamphlet to the emperor, who was then at war in As a result of all this, Pfefferkorn at Italy with the Venetians. once set out for Italy, and succeeded in obtaining from the emperor a decree that all the Jews of Germany should yield up their books to him (Pfefferkorn), to be revised by him; if he should find in them anything relating to Christianity, In this task he was granted the power it should be destroyed. to call to his assistance, in each city, a priest and two of the The Jews were warned under severe penalty not civic rulers. to resist the royal command. Pfefferkorn and his party of inquisitors first visited Magde burg, for in that city dwelt rabbis who were renowned through out the Jewish world; and although they resorted to every device to prevent the surrender of their literary treasures even the Bible, the removal of w hich was not included in the royal mandate, was also taken away every Jew was com r pelled to surrender his entire store of religious books. But many Gentile scholars, to whom Pfefferkorn s conduct did not appeal, assisted the Jews by testifying before the emperor that Pfefferkorn was ignorant on many subjects, and that he wrongfully deprived the Jews of books contain ing no allusions to Christianity; besides, they referred, in their request to the emperor, to the privileges accorded to the Jews, by previous emperors and popes, of worshiping in their own way. The Elector Mayence, Archbishop Uriel, en raged at Pfefferkorn s action (we cannot learn why), sum moned him to the city of Aschaffenburg, and informed him that the emperor s decree was in opposition to the law of the of prosecutor, witness, judge, and executor in one; therefore, the Jews or the people, in disregarding the He decree, would be guilty of no crime against the law. counselled him, in fine, to ask the emperor to alter the mandate land, as it made him conform with law. Pfefferkorn agreed to do so, and the Dominicans of Cologne advised him to find a prominent Gentile who would actively interest himself in the matter. This man they found in Reuchlin, at that time very popular and respected all over the world. The Dominicans told Pfefferkorn to get a from Reuchlin letter to the emperor, before going again to see to the latter. John Reuchlin, of Paszheim (1455-1522), had a great THE HISTORY OF THE TALMUD. 8o reputation as a scholar; in addition he had a benevolent He devoted himself especially to the study of Hebrew, heart. in which della, his interest was enhanced by Count Pick de Marsunto him the study of Kabbala, i.e., Jewish who opened up mysticism. of Hebrew. Even this did not satisfy his desire to be master He formed the acquaintance of Jacob Laanson, a Jewish physician at the Court of Frederick III., from whom he acquired a further knowledge of the language at this court ; he came in contact with many Jewish scholars, and attained to such skill in the study that he afterwards wrote a book where in he praised Hebrew as the best of all languages. He claimed in this work that the dogmas and rites of false religions were due to the ignorance of Hebrew, and to the misconception of the meaning of significant Hebrew terms. As for the Kabbala, he ranked this study with any other branch of learning, and stated that he himself was far from understanding thoroughly its sublime mysteries, for a complete knowledge of which even a lifetime would scarce suffice. Afterwards, when he became the Ambassador of the Elector Palatine to the Court of Pope Alexander VI., he became acquainted with the physician Obadiah Eipminah, the renowned commentator on the Mishna ; and it was interesting to see the celebrated German whose discourses in Italian were greatly admired by the scholar, Italians themselves, stooping to ask a Jew to be his teacher of Hebrew It was always his habit, when he came in contact literature. with learned Jews, to obtain some useful knowledge from them. Nevertheless, Reuchlin was not entirely free from prejudice In a letter to a knight who against those of the Jewish faith. the of his dominions to Christianity, desired to convert Jews he wrote that the whole trouble with the Jews was they were disbelievers, who did not care for Christ and his apostles, and that they held in general contempt all Christians although it is true that later he repented of having written this letter, as will be seen further on. ; The Dominicans relied on Reuchlin, knowing that the words of one so throughly acquainted with Hebrew literature would be respected by all the rulers of Germany. But Reuchlin declined to take an active part in the matter, although he com mended the project of destroying all books written against Christianity. He also called Pfefferkorn s attention to the REUCHLIN, PFEFFERKORN, AND THE TALMUD. injustice of the whether it emperor s decree, and told him it 81 was doubtful could be executed. Despite his not securing the wished-for testimony, Pfefferkorn succeeded in persuading the emperor to ignore the peti tions of the Jews and their defenders, and to give him the power to deprive the Jews of their books, in a new decree, while harshly reproving them for failing to strictly obey the first. This time the emperor commissioned Archbishop Uriel to carry out the decree. He also ordered him to seek, and to follow the advice of the German universities of Cologne, May- and Heidelberg, and also to take counsel with Reuchlin, Victor Karbensky and Hochstrater (although the latter was totally ignorant of Hebrew). Uriel commanded ence, Erfurt the director of the University of Mayence, Herman Hess, to visit all the cities of Germany, and to remove all the Jewish books. Hess did He so. travelled through Germany accom and in Frankfort alone fifteen hundred panied by Pfefferkorn manuscripts were taken away (printed books were as yet rare). They did the same in Worms, Lorch, Birgin, Lamuven, Mayence and Dertz. Pfefferkorn said that the Jews, to save their ; literary treasures, offered to enrich him, but he claimed he did sell his soul and therefore did his duty. The Jews on the other hand, did not cease in their efforts not care to to prevent their despoliation. They secured testimonials from the more prominent among the Gentiles, and sent a committee to the emperor to petition him to prevent these attacks on They adduced proofs to show that their books contained nothing against Christian communities. They brought forward the privileges granted to them by former emperors and popes, enabling them to worship their God with their religion. out the interference of the Church or State. These facts so favorably impressed the emperor that he commanded that all the books should be returned to their owners. The joy of the Jews on learning of this decree cannot be described, since thereby not only were they granted possession of their books, but a peaceful residence in Catholic countries was accorded them. This joy, however, was only momentary, as both the Do minicans and Pfefferkorn still continued their malevolent To add to the misfortune of the Jews, an event befell activity. 6 THE HISTORY OF THE TALMUD. 82 which the Dominicans were not slow to utilize as a weapon in their warfare against, the faithful, with the aid of which they Sacred finally to bring about the latter s destruction. hoped vessels were stolen from a Christian church by a Gentile, who was arrested and who thereupon confessed that he had sold them to the Jews. As a result, all Jews were severely perse cuted by the Bishop of Brandenburg. At the same time, or somewhat later, the Jews were accused of having killed a Chris tian child in the performance of their religious rites, and at the command of the same bishop the accused Jews were removed to Berlin, and thirty-eight of them were burned at the stake on the rack. These events the Dominicans made use of to arouse the after suffering tortures fanaticism of the people of Germany. They addressed them selves to the emperor s sister, Kunigunde, to whom they painted these occurrences in the blackest colors, at the same time extolling Pfefferkorn as a converted Jew conversant with Jewish customs and manners. They stated that the Talmud contains the evil teachings which had become rooted in the hearts of the Jews. They represented to her the danger to Catholicism in the latest command of the emperor, and placed hopes in her keeping, as she was the only one who could save Catholicism from injury. At the same time they strove all their to find favor in the eyes of the people who protested against A new pamphlet was prepared, in Pfefferkorn s name, which was dedicated to the Emperor Maxi milian, praising him for his zeal for the Catholic religion. This pamphlet, after complaining that the Christians do not this persecution. give full weight to the activity of the Jews against Catholicism, and charging that the whole fault lay with the Talmud, since its teachings prevented the Jews from embracing Christianity and permitted usury, affirmed that the one thing necessary was that the emperor should deprive the Jews of his books, and that it was the duty of all good Christians to help him in this matter, furthermore, that this cause met the approval of the emperor s It further stated that all Christians sister, the nun Kunigunde. who defended Jews should be treated as heretics, and Jewish apostates who did the same should be presumed to have taken up Christianity, not from belief in the Holy Trinity, but for baser reasons. The Princess Kunigunde actually interceded REUCHLIN, PFEFFERKORN, AND THE TALMUD. for them, and, presenting herself 83 before the emperor, she begged him on her knees to grant the request of the Dominicans. The emperor again ordered Archbishop Uriel to hasten to seek the advice of the above-mentioned German universities, and especially to get the opinion of Reuchlin, Karbensky and Hochstrater, and transmit the same to him (the emperor), so that he might be prepared to judge whether or not the Talmud should be destroyed. Reuchlin did not hasten to give his answer, and when, after three months his answer was composed, and delivered to the In it was found to be unfavorable to Pfefferkorn. answer he divided Jewish literature into six classes, ex emperor, this clusive of the Bible, as follows: (i) poetry, fable (2) commentaries; losophy and science ; and sermons, songs and prayers; (5) the Talmud, and (6) Kabbala. (3) said Reuchlin, satire; phi In the (4) " to be found books which deny but he could name but two of them of his own knowledge, and these were the pamphlet of Lipman (of the existence of which we have no records) and He declared, however, that the Rabbis them the life of Jesus. selves prohibit the possession of them by Jews and threaten severe penalities upon any one venturing to read them. is self-evident," he stated, "that this class of books must be destroyed without scruple." With regard to the second class, he affirmed that they not only contain nothing harmful to Christianity, but, on the con first class," "are or criticize the Christian religion ; "It they are of great value in the interpretation of the Scrip Many Gentile scholars, could not, in many cases, fathom the depths of meaning of the Bible, because of insuffi that scholars It is true, he said, cient knowledge of Hebrew. had been heard to declare, we do not care for the Jewish com trary, tures. " He mentaries, as we have a sufficient number by Christians." a a these same to light garment in compared person wearing cold weather, since the basis for right understanding of the Scriptures is the knowledge of the original language wherein they were written. "As for books of the third class, it would be an injustice to deprive the Jews of them, because they had received from emperors and popes the privilege of unmolested worship. "Regarding the fourth class," he said, "they stand on an THE HISTORY OF THE TALMUD. 84 equal footing with books of the same class in Latin, Greek or German. But of the Talmud I must own that it is to me a and it is evident that those who pass judgment have as little knowledge of it as I. They have no idea sealed book, upon it of its nature ; or of its history ; nevertheless they talk as if they that it contains. I can only knew and understood compare such people to those who would venture to clearly all criticise algebra while they are totally ignorant of the rudiments of The fear is expressed that the Talmud might arithmetic. injure Christianity; this is absurd for nothing can withstand the proofs in its favor that are found in the Bible. If the Tal mud really were as bad as they affirm, then our ancestors, who were much more religious than we, would long ago have put an end to its existence." He declared that the testimony of Pfefferkorn and Schwartz against it, being inspired by unworthy motives, should not be given consideration. "Moreover, if we would but study the Talmud we would not destroy it, but rather encourage the Jews to hold it in still greater reverence and study it the more assiduously, for as a consequence there would be copies not alone in Germany, but also in Italy and To what Turkey, where many colleges for its study exist. purpose is the burning of a few copies of the Talmud, if you are unable to annihilate it entirely? Besides, by such action we should commit a breach of faith for we would thus abrogate the privileges granted to them by former emperors and popes." Regarding the sixth class, he praised the Kabbala in the highest terms, and cited Count Picko de Mirandella, who, he says, induced Pope Sixtus VI. to study it the latter discovered ; much support of Christianity that he translated Kabbalistic books into Latin. Reuchlin concluded that to in it so in deprive the Israelites of their books could only be likened to a duke challenging a knight to combat and then taking away his weapons. He advised the German rulers who were desirous of having the Jews embrace Christianity, to establish in all the German universities for a period of ten years, chairs for the study of the Hebrew language; then the students having a thorough knowledge of the language, could convince the Jews, by proofs from their own Bible, of the truths of Christianity. Returning again to the apostates (he plainly referred to Pfefferkorn, though he did not name him), he said: "Of what value REUCHLIN, PFEFFERKORN, AND THE TALMUD. is advice given 85 by people who abandon Judaism through animosity, fear of persecution, penury, revenge, of pleasure, or even through mere recklessness? love ambition, Such individuals bear the name of Christians, but in heart they jealousy, I know of some whose faith in both re and ligions, Christianity Judaism, is weak, and who, if their schemes were brought to naught, would become disciples of Mohammedanism. The Jews have been citizens of Germany for three centuries and should be protected by the law. It would be ridiculous to adjudge them heretics, for they were not born Christians, but have been Jews from a time antecedent are not Christians. to the birth of Christianity. However, the answer of the German universities was differ The theological faculty of Mayence replied that not only were the Talmud and all rabbinical books full of falsehoods and ent. heresies, as Christian scholars testify (the faculty themselves confessed that they were ignorant of the Talmud and Hebrew), but that the Hebrew Bible also was not altogether free from on points of Christian doctrine. The faculty deemed it advisable, therefore, that the books be revised by Christian scholars, and if anything be found contrary to Christian belief it should be burned. The University of Erfurt counselled in like manner, but the Faculty of Heidelberg advised the emperor to select a committee from the faculties of all the universities of Germany to judge the Talmud and all Jewish literature, and let their decision be final. Reuchlin sent his answer under seal to Archbishop Uriel, but by some means not recorded its contents became known to When he and the Pfefferkorn before it reached the emperor. Dominicans had perused it they were greatly perturbed. They were aware of the esteem in which Reuchlin was held by the emperor, and the weight his answer would be given to by the latter, and resolved to do something to weaken the effect of this answer on the emperor and the public. (In their haste to fore error Reuchlin they did not consider the risk to themselves in making public his answer before it reached the emperor.) A Handspiegel," in pamphlet was issued under the title of Pfefferkorn s name, couched in flowing sentences, giving prominence to all the weak points in Reuchlin s answer, charg- stall " THE HISTORY OF THE TALMUD. 86 ignorance, abusing him and ridiculing his theory misrepresenting it to the common people. The pamphlet him with ing and stated that Reuchlin himself understood nothing of the Hebrew language, and that his book on Hebrew grammar was written other hands; therefore, they asked, how can such a man counsel the emperor in matters of which he himself is ignorant ? by It stated, further, that Reuchlin s declaration that the Jews must be protected by the law proves the utter absurdity of his whole answer, and that it may be justly suspected he did not do this for nothing. To add force to their contention, they published a letter which Reuchlin himself had written to a knight five years before, and called upon Reuchlin to deny his statement in this letter that the Jews slander Christianity; his refusal to do so would indicate a desire to wantonly mis It said, moreover, lead the emperor and all good Christians. that the fact of Reuchlin s renown among the Jews alone showed that he had fallen a victim to their wiles. At the end of the pamphlet, Pfefferkorn charged Reuchlin with having accepted money from the Jews, and blamed him for defending them, since it was his duty to regard them only as heretics. He also charged Reuchlin with countenancing usury (nothing about this was mentioned in Reuchlin s answer). known and much respected a commotion, and the made pamphlet As Reuchlin was many, this well evinced a desire to read cused. on As it it, was written in Ger people what Reuchlin was ac the popular jargon, many went to learn of in days to Frankfort-on-the-Main to purchase the pam from Reuchlin himself was astonished at Pfefferkorn. phlet Pfefferkorn s impertinence, and annoyed at the imputation fair he therefore complained to the emperor. The angry at the action of Pfefferkorn, promised Reuchlin that he would entrust the task of the revision of the Jewish books to the Bishop of Augsburg; but the emperor being at that time deeply occupied with matters of state, this affair was for the moment forgotten. Meanwhile a second fair was on his honor; latter, held at Frankfort, and Pfefferkorn hoped to distribute the remaining pamphlets among the people. As soon as this point in the contest was reached, Reuchlin resolved, since the quarrel had from a religious become a personal one, to uphold his wounded honor. He wrote a work entitled Augenspiegel," in " REUCHLIN, PFEFFERKORN, AND THE TALMUD. 87 which he complained that a Jewish apostate should endeavor to destroy the Talmud. He told the public had come to him, asking his co-operation, and ble means he became aware how Pfefferkorn how by despica of the contents of his answer to the emperor, so as to be able to heap more calumnies upon him. He charged that there were thirty-four lies in PfefTerkorn s He said, further, that he had not lost hope of facing Pfefferkorn in court, and that the latter had merited the sen tence of death for inciting the people against the Jews. He pamphlet. declared the charge that he had received money from the Jews, a false one, adducing many proofs to show that the Domini cans and Pfefferkorn merely intended to stain his name. He further proved that he himself had written the Hebrew gram To the main accusation, that he had learned Hebrew mar. from a Jew, he replied that Christianity did not forbid Chris tians from having dealings with, or learning from, Jews, especially as this was often productive of good in the con version of the Jews. Now, instead of Pfefferkorn distributed at the fair, and was s pamphlet, Reuchlin s was sold in large quantities to the The Jews it is fair to believe, greedily bought the people. work and did their utmost to spread it among the people. A preacher named Peter Mayer, of Frankfort-on-the-Main, while reading Reuchlin s pamphlet in the presence of Pfefferkorn, exclaimed that it ought to be burned at the stake and, with the sanction of the Archbishop of Mayence, he prohibited its ; But the Mayence, all friendly to Reuchlin, at their convocation begged the archbishop to recall the prohibi tion and he consented. In a short time all Germany was in of of the work, and Reuchlin received many possession copies However, the strife was not yet over. congratulatory letters. His enemies did everything they could to overthrow Reuchlin. Paul Mayer, after his attempt to suppress the sale had proved futile, announced that Pfefferkorn would lecture on Reuchlin s sale. priests of Church during the coming holidays. As Pfefferkorn was a married man, and not a priest, and therefore unable to preach from the pulpit, he lectured in the hall of the books in the Catholic church in the popular jargon, holding a cross in his hand. The burden of his lecture was that the Jews should be persecuted unless they accepted Christianity. It was the first time in the THE HISTORY OF THE TALMUD. 88 history of the church that a Jew had stood in the corridor of a church with a cross in his hand and preached against the Jews. The monks meanwhile gave Reuchlin for revision, s work to Arnold and he naturally, being himself a Tangersky Dominican, denounced it as heretical. The Dominican, Ulrich of Sternheim, wrote a letter to Reuchlin, in which, speaking as a friend, he says: "The scholars of Cologne are not yet united in their opinion as to what should be done with your work. Some of them maintain that it should be burned; others say the author should be punished and still others are stronger in This letter did not fail of its purpose. condemnation of Reuchlin understood full well that if the Dominicans openly declared against him, he would be in great peril, since at that time their power was supreme and they were feared even by the emperor himself. The Pope, Alexander VI., himself exercising a power to which kings themselves were subject, declared he would offend a rule sooner than the humblest Dominican. Reuchlin hastened, therefore, to indite, in Latin, a letter to Tangersky, the reviser of the book, in which he modified his He said he judged the Talmud, not as previous statements. a theologian, but as a layman, and he could not know, when writing his book, that the scholars of Cologne would disagree with him. He also stated that he had not intended to cast blame on any one in his pamphlet, and besought Tangersky to ; it." show him his errors him before doing so. his teacher, Koln. Augenspiegel and not condemn wrote a letter of a different tenor to in the He " In this he ventured to blame the head of the Dominicans, Hochstrater, whom he charged with having written the pamphlet under Pfefferkorn s name, and he begged him to explain his words to the faculty, so that they would see the truth and not blame him (Reuchlin) unjustly. The re sponse to this letter to Koln was not sent to Reuchlin for a long The Dominicans obviously sought, by delaying it, to time. He finally furnish him a pretext for committing an overt act. from two one the received together letters, Cologne students and the other from Koln. The faculty scolded him for inter fering in a quarrel which did not concern him, and at the same time preventing the emperor from performing a meritorious This fact, they claimed act in suppressing the Jewish books. and his writing the "Augenspiegel," went far to confirm the REUCHLIN, PFEFFERKORN, AND THE TALMUD. 89 suspicion that he inclined to Judaism, and therefore it was their duty to punish him severely. They could not, however, refuse the request of Arnold Tangersky and of Koln to defer punishment until he was given opportunity to write a second all his words blame of Pfefferkorn. Koln wrote him that he should pamphlet, retracting and in defence of the Talmud in feel grateful to him for in ducing the faculty to withhold his sentence and for pacifying the Dominicans. At the same time, he reminded him of the danger which hovered over him, and advised him to hasten and repair his error by another pamphlet, contradicting all his As to Reuchlin s accusation that the previous statements. pamphlet Handspiegel was from the pen of Hochstrater he maintained complete silence. Reuchlin at once answered his enemies in two letters. He thanked them for their intercession in his behalf, but claimed " " man (even twice married) he could not be counted among theologians, and therefore knew very longer He also cited proofs showing little of the teachings of faith. that he was not a friend of Judaism or the Jews. Nevertheless that as a married he refused to contradict the statements contained in his first pamphlet; on the contrary, he reiterated them, but asserted his willingness to write a commentary on " his Augenspiegel," He again urged explaining any ambiguous passages therein. them to point to him the passages because of which they accused him of heresy, saying that only then could he either defend his assertions or confess that he was in error and revoke them. The Dominicans, seeing that correspondence was of no avail, com first, to stop the circulation of his pamphlet; all he had previously said; thirdly, to contradict to secondly, restore the lustre of his name by showing himself a good Chris manded him, and a persecutor of the Jews and their literature. If he should refuse to do this, he must stand trial before the judges of the Inquisition. Koln also wrote him again, saying that but for this (Koln s) pleading, Reuchlin s pamphlet would long before have been burned and himself brought before the Inqui tian sition therefore he again urged him to respect the command of the faculty, as, should he fail to accede to their order, he ; could do nothing more for him. Reuchlin, seeing that further argument was useless resolved 9o THE HISTORY OF THE TALMUD. First firmly to take up the gage of battle, happen what may. of all, he replied that he could not stop the circulation of his work, since it was no longer his, but was the property of the He could only write a commentary as an explana publisher. tion of doubtful passages. To his supposed friend Koln, he wrote that if the latter had indeed prevented his work from feel grateful to him (Koln) them from doing wrong, but that he himself entertained no feelings of gratitude for it. He told him he did not fear a contest with the Dominicans, as he had many defenders, men of prominence and power in Germany, and if the matter were attended with any danger it was to his enemies. It was easy, he said, to begin a fight, but much more difficult being burned, the faculty should for restraining He could not understand why his enemies to gain a victory. failed to consider how the people would judge them if they took the part of a Jewish apostate against a born Christian and a firm believer in Christianity. He was certain that Pfefferkorn, thereby he could derive any benefit, would become an apos To tate even to Mohammedanism or any other religion. think that Pfefferkorn should preach against the law of the land and columniate him! The Dominicans, he continued, to if seek to accuse many him of trivialities, great sins of the apostate. and close their eyes to the He also said that poets and writers of history would stamp with shame the entire faculty, and would make of him (Reuchlin) a martyr for the truth. Reuchlin kept his promise of writing a commentary to his but it had the effect of adding fuel to the fire. The Dominicans were more than ever enraged, and Tangersky wrote a pamphlet which he dedicated to the emperor, and which contained the following concerning Reuchlin s interfer ence in religious matters which are above his understanding: In his pamphlet one can see that he favors the Jews, and in " Augenspiegel," " keeping with this he has written sentences which border closely on heresies." The work concludes by saying that it is un doubtedly necessary to put the Talmud to the stake. This pamphlet effected what the author had intended. The em peror, who had hitherto defended Reuchlin, now turned against him, and on his arival at Cologne he commanded that ReuchThe lin s pamphlet and commentary should not be circulated. REUCHLIN, PFEFFERKORN, AND THE TALMUD. 91 Elector of Mayence, acting in conjunction with the Archbishop of Cologne, displayed this order on the churches, and threatened the public with excommunication lin s pamphlet to the churches. if they did not return Reuch- But even this failed of the desired effect, for Reuchlin s friends were too numerous, greater even in number than those of the Dominicans the people had ; but small liking for the latter, and they especially despised the head of the order, Hochstrater. Therefore Pfefferkorn issued a new pamphlet, entitled Brandspiegel," wherein Reuchlin was accused and debased. Therein he was styled a man who had forsaken the church, and whose hands were sullied with " Jewish bribes. As for the Jews Pfefferkorn stated that they ought to be persecuted without pity, and incited the people to plunder them and devote the spoils to convents and hos This was Pfefferkorn s last pamphlet, from this time pitals. he ceased to take part in the fight. Reuchlin, under a pseu donym, wrote another pamphlet, "The Defender." In this If any one asserts that Reuchlin did not, in the Jew he says ish controversy, conduct himself as a true and upright Chris " : he utters a fasehood." He attacks all the Cologne schol ars, especially Arthur Gracia and Jacob Hochstrater. Why," he asks, do they make such an uproar and hold themselves up as greater authorities than other scholars of German universi And to the emperor he says: "Permit, your majesty, ties?" the Dominicans to judge the Jews by the Inquisition, that will fill their pockets with the gold and silver of the Jews. That is what they want obtaining it, they will then leave me unmo To Arnold Tangersky, \vho accused him of protecting lested." the Jews, he says: is true I am the protector of the Jews. tian, " " ; "It I protect them against false accusations. I know that my assertion that they are citizens of Germany and entitled to the protection of the law, as other citizens are, will excite their but I say and repeat again, the Jews are our brothers brothers to Arnold, brothers to the Dominicans, brothers to all the theologians, and the fathers of the Church long ago made enemies ; To the assertion of the Dominicans that he what he had written in his former letter, he replies that it is true he had been prejudiced against the Jews until he was convinced of his error. The calumny that Jewish prayers MAINTAIN that all Catholic rulers should be put to death he a like declaration contradicts " . THE HISTORY OF THE TALMUD. 92 by quoting a Mishna: "Thou shalt pray for the peace kingdom wherever thou abidest." This pamphlet was sent to the emperor, who received it refutes of the favorably, and, owing to the complex questions involved, his mind wavered in the course he should pursue. First he as sured Reuchlin of protection against the attacks of the Domini Then his father-confessor, an enemy to Reuchlin, spoke cans. in favor of the Dominicans, and the emperor again prohibited s work. Finally he commanded Even this command failed cease their strife. to both parties The imperial decree was unheeded by the of its purpose. the circulation of Reuchlin Dominicans, and the head of the Inquisition, Hochstrater, summoned Reuchlin to appear within six days before the judges of of Mayence to defend himself against the charges of heresy and defending the Jews. This summons was couched in lan guage unprecedented in its insolence. Reuchlin did not appear Hochstrater opened the court. at the trial, but sent a deputy. He was both prosecutor and judge, and was certain that the trial would result in the success of his scheme against Reuchlin, and would cover the latter with ignominy, more especially as he had received favorable opinions from the German universi The University ties that had been ordered to afford counsel. of Loewen had replied that the pamphlet should be burned, that of Cologne, that besides its misleading nature, it showed decided leanings to heresy the University of Erfurt gave an swer of like import. Those of Heidelberg and Mayence alone ; did not respond. Hochstrater therefore felt sufficiently sup ported and certain of winning the trial. He recited a long list of grave accusations against Reuchlin, and gave it to his col leagues of the court, calling upon them to adjudge the defend ant guilty and order his pamphlet to be burned. Reuchlin s deputy protested that Hochstrater had no right to be perse cutor and judge in one the less so as he was known to be Reuch lin s bitterest enemy. Seeing, however, that protest was of no avail, he left the court, Hochstrater, hesitating to sentence, ; contrary to public opinion, one who was not present, posted notices on church doors, requiring Reuchlin s deputy and all appear before the court. He on the ordered the public, pain of excommunication, to who had an also interest in him, to return the copies of the " " Augenspiegel to the judges of the REUCHLIN, PFEFFERKORN, AND THE TALMUD. 93 The Dominicans triumphed that day and ReuchBut this triumph lin s defeat was seemingly close at hand. was only of brief duration. The people of the better class of the city openly murmured against Hochstrater s proclamation and even the archbishop s colleagues advised that the trial be delayed for a short period, since Reuchlin or his deputies had Inquisition. not undergone examination. The trial was therefore postponed for two weeks, Hoch- strater thinking that Reuchlin would be ashamed to appear in person as a defendant, and feeling certain that at the expiration of two weeks he could be adjudged guilty by default. But Reuchlin did appear in person with the coun Duke of Wurttemberg, and that of the Duke The "Kapital" endeavored to make peace Mayence. between the two parties, but in vain. The inquisitor Hochsellor of the of strater refused to listen to overtures of peace, and ordered the judges to do their duty. They obeyed and began to write down their judgment, when suddenly a rider appeared with a hand from Archbishop Uriel. He passed through the crowd and straight to the judges, who were much aston ished and anxious to know the contents of the letter. It was letter in his read aloud to the assembled people, and was to the effect that Archbishop Uriel commanded the postponement of the trial one month, and if this command were disobeyed he would The Dominicans, it a mistrial and dissolve the court. left the court amidst the defeated, laughter of the people. There was much rejoicing among the Jews, as upon this trial depended their fate; but Reuchlin was not content with the mere postponement of the trial, knowing that the Dominicans would persecute him until they conquered. He determined, therefore, to leave his fate to the decision of Pope Leo X. But, learning that the Dominicans would bribe the advisers of the pope and persuade him to order the trial to be held in Cologne, he wrote a letter in Hebrew to the pope s physician, Bangett for declare Delakes, beseeching his influence to prevent this. Leo, in volved just then in grave secular matters religious questions, for the time being, having no place in his councils and seeing his quarrel likely to spread over Europe, directed the bishops of Speyer and Worms to end the contest by issuing a decision which should be respected by both parties. These bishops THE HISTORY OF THE TALMUD. 94 appointed a committee to investigate and report on the matter. in awe of the Dominicans, conducted their investigation deliberately, and at the end of a year pro The committee, though " nounced the pamphlet Augenspiegel free from any heresy, and Reuchlin to have no leanings towards Judaism or the Jews. They therefore permitted its circulation and ordered Hochstrater, on the pain of confinement in a monastery, to pay to Reuchlin 300 gulden as the costs of the trial, and threatened him with excommunication if he disobeyed the order. Hochstrater then appealed to the pope for an impartial trial, hoping that by a liberal use of the wealth of the Domini cans, since Reuchlin was poor, the latter would suffer defeat. He also sent Reuchlin s " to the University of "Augenspiegel" esteemed the greatest university of the time, urging it to condemn the pamphlet. He appealed also to all of Reuchlin s opponents and all who were zealous for the welfare of the Catho lic Church to unite against him. Reuchlin s friends were not idle. Realizing the evil exerted by the Dominicans through out the world, they, together with a body of Catholics called Paris, Humanists who sought the reformation of the Church, united under Reuchlin s flag and termed themselves "Reuchlinists." The opposing party adopted the name Arnoldists." These were the two parties that occupied the public mind before Luther began the Reformation. Many scholars of young Germany went over to Reuchlin s side, particularly Hermann von Busche, Croates Rinbianes, and the young and sagacious Ulrich von Hutten; also many of the rulers, among whom were Duke Ulrich of Wurttemberg and all his family, Count Halfenstein of Augsburg, Count von Guernor of Patriz, Welsen, Pirkameier, Neitiger, as well as " " " Italian priests, notably the General of the Augustinians, Eggodia de Viterba, who loved the Hebrew literature and was many " at that time engaged in translating the Zohar." Viterba said in his letter to Reuchlin: "You have saved the books which have spread light all over the world for centuries, and if they were lost, darkness would ensue. And in supporting you, we shield not you but religion and not the Talmud, but the com ; munity of Christ." The strife spread all over Germany, and there was scarcely a city in which were not to be found either Reuchlinists or REUCHLIN, PFEFFERKORN, AND THE TALMUD. Arnoldists the former, for the preservation of the 95 "Augen- the latter, for the destruction of spiegel" and the Talmud; became each day more intense, and The contest both. although the victory was with Reuchlin, he was still anxious as to Hochstrater s appeal to Rome, since the latter had great His friends therefore advised him to publish he had received from all parts of Germany and all the letters Italy, to convince the pope of the character of the man the Dominicans were persecuting. Among these letters was one from the Emperor Frederick praising Reuchlin in glowing terms and testifying that he was held in honor and repect by the father of the pope, Lorenzo de Medici. influence there. These efforts of appointment by Reuchlin and his friends brought about the Gremama, a lover of the people of Cardinal and Kabbala, as investigator and judge of the quarrel. The Cardinal summoned Reuchlin and Hochstrater to appear in Rome, and as Reuchlin was very old, he was allowed to send a deputy. Hochstrater, however, ap rabbinical literature peared in person with all his wealth. This did not, however, Even the disturb Reuchlin, as he had many friends at Rome. Emperor Maximilian interceded for him with the pope. Among his other defenders was the emperor s secretary, Wurke, Duke Ulrich of Wiirttemberg and the Elector of Sax ony, Frederick the Wise (later the chief supporter of Luther). Many bishops also defended him, notably those of Strassburg, of Constanz, of Speyer, and strater spent large sums of numerous other churchmen. Hoch to procure the appointment of Cardinal Bernardine de Santa as assistant to the judge, but, money through the influence of the Reuchlinists, Cardinal Pietro Ankenotini de Sant Isemblia was selected by the pope for this office. The pope s committee forbade any discussion of the matter until the sentence of the judges of Rome was announced. But the Dominicans heeded neither this command nor public opinion, and, in order to influence the pope, they even threat ened, should Reuchlin be victor at the trial, to secede from the church and unite with the Hussites of Bohemia. They also, in defiance of the prohibition of discussion, placed hope in the University of Paris, for at that period France and Germany were in conflict in secular matters, it naturally befell that on religious questions also their views were diametrically opposed. THE HISTORY OF THE TALMUD. 96 So the University of Paris, in heart though and conscience in accord with Reuchlin, nevertheless, for purely worldly reasons, felt compelled to render an unfavorable opinion of him full and of " " Augenspiegel contained and and that its author should be should be burned, heresy compelled to make full retraction. The Dominicans hastened to published this reply from Paris in a pamphlet entitled "Glocke" (bell), in the name of Pfefferkorn, although for this his works, stating that the action Hochstrater The emperor s was indicted by the sister, Fiscal of the Emperor. Kunigunde, again kept Hochstrater The Dominicans employed every means from imprisonment. to delay the trial, so as to increase Reuchlin s expenses, think ing that, since he could not afford the necessary expense at Reuchlin s friends repre it, he would forego trial. sented to the public Hochstrater s evil designs, and at the same time appeared a collection of letters "From the Benighted tached to The volume, written in a satirical style, pro fessed to be from the pen of Krate Rubian of Leipzig, and con tained confessions by Dominican monks of their evil deeds These letters were quickly since the existence of the Order. People." first spread throughout the entire west of Europe despite the pro tests of the Dominicans, which protests, indeed, only furthered their circulation. Hochstrater, fearing lest the trial would end in Reuchlin s favor, demanded that it be given to an interna tional council, since the matter concerned the entire Catholic The pope, who was, as it were, placed between two fires, the German Emperor and rulers, on the one hand, and the King of France and the heir-apparent of Germany (who sided Church. with the Dominicans), on the other, resolved to place it before the Council of the Lateran and all Europe. Two years passed the strife had not yet ended, and Reuch ; became sad at heart. He feared that his friends would fall away from him, seeing no immediate prospects of the close of the quarrel; he also feared, as he was advanced in years, lest he should die before its settlement, and the Dominicans win the battle, while his name would become a reproach. These fears were unfounded, as his friends did not weaken in their lin support of his cause. Finally, on the 2d of July, 1516, the result of the trial was announced at a session of the council, signed by Bishop Gregory Bengiani, as follows: The pam- REUCHLIN, PFEFFERKORN, AND THE TALMUD. 97 The error, in such Augenspiegel," contained no heresy. an assumption, rested with the Paris University, and the other The Bishop of Malta added faculties in agreement with it. that the Judge of the Inquistion, Hochstrater, who considered himself one of the main pillars of religion, ought to be indicted. Under Bengiani s signature were written those of the other cardinals, except that of the Dominican Cardinal, Sylvester As the pope himself had not yet acknowledged or Priervis. " phlet, sanctioned the sentence, Hochstrater did not despair, and, with the aid of his friends, he begged the pope to delay the execution of the sentence for an indefinite period, hoping to bring, at a future time, the trial before another council and obtain a decision in his favor. The pope commanded the parties to terminate their quarrelings and cease all discussion of the matter, under the impression that a command from him would put an end to it. He was mistaken the strife grew in Both factions were intensity and spread over Germany. more than ever determined to continue. When Hochstrater returned from Rome his life was in danger from the Reuchlinists, and only by the efforts of Reuchlin himself was bloodshed prevented. The Dominicans lost ; favor with the public. This did not, however, prevent the Dominican, Peter Mayer, from lecturing in all the great all churches against Reuchlin and his party, and abusing him in the vilest language. Finally, roused to violence by his words, the Dominicans slew some of the Reuchlinists. This resulted between the pope and the Dominicans. But when the second volume of "The Benighted" letters appeared, wherein the Dominicans were painted in the blackest colors, they begged the pope to shield them from the wrath of the This time he listened to them, and prohibited the cir people. in a rupture culation of the pamphlet. This command was unheeded, as the light of knowledge was beginning to spread over the world, and the satire was read by many priests and monks of and, at the same time, the Humanists distributed pamphlets and circulars against the other orders than the Dominicans ; Dominicans. After no long interval, a second edition of The Benighted letters appeared, to the joy of the Reuchlinists. The Domini " can leaders saw now " that there was a rupture in the Catholic THE HISTORY OF THE TALMUD. 98 Church, and announced to the pope that the people ridiculed their teachings and would not obey the doctrines of Catholi cism. This time they told the truth. Hitherto, sufficient had not been accorded public opinion by the rulers, although the influence wielded by Luther was almost wholly due to it, and he acknowledged that the controversy between these two great parties had paved the way for the Reformation. After Maximilian s death, the strife became still more intense, and the topics most often heard were those of the Talmud, Reuchlin, Luther, and the Reformation. At the meeting of credit the electors of Germany, to choose an emperor, they all sanc Ulrich von Hutten persuaded the von knight, Franz Eickingen, to separate himself from the tioned Reuchlin s actions. Catholic Church and join Reuchlin and Luther. This knight and his companion, Dalkery, with many other friends of Reuch lin, demanded that Hochstrater pay the sum of 1 1 1 gulden to Reuchlin to defray the costs of the trial at Speyer, and also The Dominicans give bonds not to further molest Reuchlin. were fully aware that this command must be obeyed, unlike that of the emperor or the pope, which they would have un hesitatingly disobeyed. They were compelled to pay the above sum, but as the treasury of the government was empty, the sum did not go to Reuchlin, but to the government. Hochstrater was deposed from his post of Judge of the Inquisition, and a committee of monks requested the pope to do all in his power to end the strife, and allow Reuchlin to live in peace, since he was a great scholar and a firm believer in Christianity. The Talmud attained new prestige, since henceforth the pope looked upon it with favor, and even persuaded Daniel Bamberg, of Antwerp, a famous printer, to issue a complete edition for the first time in its history. And, so, in the year 1520, the Baby lonian Talmud appeared, with all the commentaries, in twelve volumes, and from this all later editions have been copied. Reuchlin in his last years was compelled, like Luther, to leave his home and seek an abiding place where he could live in Later, when Luther sent delegates to the prominent peace. rulers of Germany, the pope was forced to adopt the suggestion of the Dominicans and excommunicate Luther, and at the same time prohibit Reuchlin s works. But both the excom munication and prohibition were publicly burned by Luther THE FRANKISTS. 99 on the loth of December, 1520. From this time on, Luther threw off the chains of the pope, and inaugurated the Reforma tion. Again, and for the last time, Pfefferkorn appeared with a new pamphlet against Reuchlin, but it received no counte nance on the contrary, he was abused by all factions and his suggestion to expel the Jews from Frankfort was denounced by all alike. After this event, nothing more was heard of him. As soon as the Reformation was established, Reuchlin was called to take the chair of Hebrew in the University of Tubin He died in 1522, to the gen, where he taught many students. Reuchlin was generally credited great grief of his admirers. by the Reformers with being one of the initiators of the Refor ; ; mation. CHAPTER XV. POLEMICS WITH MUSSULMANS AND THE DISPUTES WITH THE FRANKISTS The Jews were not exempt from disputes with Islam also during the scholars of years of the latter s history, but these those with the Christians in that they first disputes differed from did not involve the Jews in calamities. In addition to the oral disputes, many controversial books appeared between the ninth and the sixteenth centuries, among which were the books of Saadiah the Gaon against the Karaites, which the Karaites A great answered, not with arguments, but with scoffing. issued in of books were the Karaites which by quantity they ridiculed the Rabbis, in particular Saadiah the Gaon, who ex posed their weaknesses. Like service was performed by the book of Samuel ben Chaphni Hakohen, entitled "To Exalt the Value of Theological Studies," against whom the Karaite Samuel ben Jehudah Eben Agia wrote a pamphlet under the Strenuous Denial." R. Jehudah Halevi s Hakusri and title Maimonides controversial letters also had for their aim the " " " strengthening of the foundations of the creed. But the strife raged with the greatest intensity in Spain in First appeared the book on the middle of the twelfth century. "Sepher came Habrith" by R. Joseph Kimchi. Following this by R. Jacob b. Reuben, R. Moses b. controversial works THE HISTORY OF THE TALMUD. TOO Tikun, and R. Moses b. Solomon, of latter s book being "A Word of Saliri, Faith," the title of the which he records in Jechiel b. Joseph, of Paris, R. Nathan, of Upsala, R. Joseph, and R. Meir b. Simeon, in his book "The Battle of Merit," in which are related his disputes disputes with Christians; by R. with the Archbishop of Narbonne; and by R. Mordecai b. Tehosaph in his book, "The Strengthener of Faith," written against the Christian, Paul Christianus, who had held many controversies with Ramban and others. who adopted the and who name of Alphonse of Valladolid, wrote much that was hostile to Judaism, appeared works by R. Isaac Ebn Palkara, as well as by R. Joseph Shalom, under the title of A Reply to In reply to the book of Abner of Burgos, " Alfonso s Writings." How great a degree of tolerance the Jews manifested in this controversy may be seen from what Moses of Narbonne wrote of Abner, his former friend namely, that he was intelligent and virtuous, but dispairing; unable to endure the calamities heaped upon the Jewish people; not content with the peace to his soul, but seeking also worldly happiness and, reading in the stars that the Jews destiny was to suffer and bear trials, he fell into the error of thinking that they would never again be strong as a nation, and counselled ; them had done, to accept Christianity, not submit R. Moses de Torsilla also wrote a book entitled as he himself to their fate. Aid to Faith" (1374), consisting of seventeen chapters, in the form of a dialogue between professors of the two religions. In all these books it is declared that the Hagadas of the Talmud are not authoritative but are to be regarded barely as fiction, and as devoid of any sacredness. In Germany also appeared " in defense of Judaism the work "Book of Victory" (Sepher the excellent writer, R. Lipman of Muelhausen, Nitzachon), by which appears to have made so deep an impression that the Bishop of Brandenburg, Stephen Batekei, felt it necessary to reply to it. Lastly may be mentioned the two disputes which took place between the Rabbis and the Frankists in 1 756-1 757, at the com mand of Bishops Dembovsky and Micholsky, in Kamenitz, Podolsk and Lemberg, cities of Poland. These terminated the disputes which the Jews were compelled to hold with their opponents in the presence of the people and dignitaries. They THE FRANKISTS. 101 were distinguished by the fact that the Frankists impeached the authority of the Talmud on the strength of the Midrash of R. Simeon b. Jochai, termed "Zohar," which they considered These sacred, while they regarded the Talmud as profane. the further circumstance were that distinguished by disputes the founder of the Hasidismus, R. Israel baal Shem Tob, was elected as the chief disputant to represent the Rabbis, forced The to dispute with the Frankists in Micholsky s presence. Frankists were an offshoot of the sect of the false Messiah, Shabattai Zvi, who produced a storm throughout the whole world in the year 1654. One Jacob Frank, a Polish Jew, accepted Islamism at Salonica, where he joined the sect of Shabattai Zvi, who were seeming Mohammedans and were In 1754 he arrived in Poland and set to work, called Dauma. with the assistance of two Rabbis, Moses and Nachman, who ac companied him, to revive the creed of Shabattai Zvi. The fol lowers of Shabattai Zvi, who still remained in Poland, received him with open arms and entered upon an open propagation of , The Jews thereupon informed the the mischievous teachings. ecclesiastical authorities of the country of their activity, which so alarmed them that they hastened to the Bishop and asserted their belief in the Trinity, and that they were not Talmudic Jews, but followers of the Zohar "Zoharites." They peti tioned Bishop Dembovsky of Kamenitz to force the Jews to dis pute with them and thus afford them opportunity to prove that the only true belief is in one God in three persons, incarnate in the flesh, and the teaching of the Talmud all vanity, etc., a re habilitation of all the old slanderous charges. The Bishop ordered the dispute to begin in May, 1754; and the Jews, not appearing at the appointed time, incurred a heavy fine therefor. In June of that year there assembled at Kamenitz thirty Rab bis, from whom were chosen as disputants R. Leib Meziboz, R. Bar Jozelovitz, R. Mendel Satanow, and R. Joseph Kremenetz and about the same number of Frankists, headed by Leib Krim of Nadvarna, Soloman Shur of Rahatin and Nachman of Bushk. The pleading of the Rabbis that in the Zohar and in all the books of Israel there is no hint of a Trinity, which was purely an invention of the Frankists themselves, was of no avail, for Dembovsky decided against the Jews and fined them 5,000 gold guldens, to be paid to the Frankists, and also directed the ; 102 % THE HISTORY OF THE TALMUD. Jews to dispute with the latter whenever called upon one hundred and fifty gold guldens were likewise to be paid by the Jews for the repair of the Christian Cathedral at Kamenitz. All copies of the Talmud were to be burned, although the Jews ap ; pealed to the King, August III., against this decree of Dembovsky, claiming that they possessed the right, accorded to them by previous rulers, to print the sustained in this contention Talmud and although they were by many princes of the kingdom, ; owing to the political and religious turmoil then existing throughout the kingdom, the king or his minister, could give no heed to the matter, and the Jews were forced to submit to the yet, decree of the bishop. Shortly thereafter, however, Dembovsky died a sudden death (the result of an injury received, it is related, from a fire which consumed the Talmud), and was suc ceeded by Labinsky, who showed no favor to the Frankists. The Jews, with the help of the government officials and an expendi ture of money, effected the expulsion of the Frankists from their residence near Kamenitz, for being neither Jews nor Chris and they suffered persecutions. They were compelled to shave part of their heads and half of their beard insults and indignities were heaped upon them, and many fled to Turkey. But even there they found no rest they were relentlessly perse tians, ; ; cuted, and Elisha Ratin, one of death. They their leaders, was beaten to therefore betook themselves to the frontiers between Poland and Turkey, in constant peril of their lives from the people of both nations. When their condition became unbearable, they turned again to the king, and begged him to In this restore to them the freedom granted by Dembovsky. they succeeded the king permitted them in May, 1 75 7, to settle undisturbed in the province of Podalia. And thus they re turned to Poland, in poverty and rags. In this state of deg radation Frank advised them, in order to better their condition, ; to embrace Christianity. They therefore, in January, 1758, a to the sent Bishop Labinsky by six of their leaders, petition asking that they be received into the Catholic Church and be granted permission to dispute with the Talmudic Jews, who drink the blood of Christian infants, etc. Labinsky replied that it was not in his power to improve their material condition their acceptance of Christianity could affect only their spiritual ; welfare. They again addressed themselves to the king, in May THE FRANKISTS. 103 same year, but their petition was not answered. Labinsky suddenly resigned his office and Micholsky was chosen his of the The latter exhibited a great zeal for proselyting, successor. and the Frankists hastened to present their petition to him, requesting permission, before being baptized, to dispute again with the Jews. Perhaps, they urged, they might succeed in convincing the Jews of their great error and madness and in inducing them to accept Christianity too. Micholsky acceded to this request, and ordered the Jewish Rabbis to assemble at Lemberg on a day appointed by him. At the time set for the dispute there came in sorrow to Lem berg, forty of the chief Rabbis of Poland, at their head Israel Besht of Mezibuz, and chose as disputants three of them Besht, the Rabbi of the district, Haim Rapoport, and R. Bar The disputants for the Frankists were Frank him Leib Krim, and Solomon Shur. Jozelovitz. self, lasted three days, beginning June 23, 1758, and the hopes of the Frankists for a victory were shattered. Though Micholsky and many Polish nobles sided with them, they failed The dispute to prove that the Zohar contained anything that favored their The judges, even, utterly disagreed with the dis religion. which they subjected the passages of the Zohar and The Jewish Rabbis departed in peace, Kabbalistic books. without being fined, and the petition of their adversaries, that a district in Poland be set apart for their dwelling, was refused, and they were invited to receive baptism. Thus ended favor tortions to The Jews ably for the Jews the last of these peculiar disputes. made efforts to induce the Frankists to become Christians as soon as possible, that there might in future be no relationship between them. In this they succeeded, and since that time, between the Frankists, as Christians, and the Jews there has been nothing in common in either religious or secular matters. THE HISTORY OF THE TALMUD. io 4 CHAPTER XVI. THE PERSECUTIONS OF THE SEVENTEENTH CENTURY, THE HEAD OF WHOM WAS JOHANN ANDREAS EISENMENGER. The victory of Reuchlin, and the establishment of the Ref ormation by Luther, in the sixteenth century, did not stop It was ever renewed by men the persecution of the Talmud. The most dangerous of of rank in the different countries. Andreas them was Johann Eisenmenger, who spent almost all his lifetime in the destruction of the Talmud and its stand ard-bearers and it seems miraculous that he did not succeed. Eisenmenger was born in 1654, at Manheim. In 1666 he came to Heidelberg where he found grace in the eyes of Prince Carl Ludwig, who was pleased with Eisenmenger s determina ; tion to learn the Hebrew language. Prince Carl Ludwig sent own expense, to travel in different countries to be accomplished in the study of Oriental languages. But him, at his come when Eisenmenger was about to visit Palestine, the prince died (1680), and he established himself in the City of Amster dam, where he lived for some time in friendly relations with the Hebrew scholars and with Rabbi David Lida of that city. At the end of the same year it happened that three Gentiles circumcised themselves and embraced the Jewish faith. This, according to Eisenmenger s own confession, angered him al most to death. And this occurrence made him determine to write a voluminous book on the "wickedness" of the Tal mud, in order (he said) to save Christianity from danger. He worked hard and successfully for nineteen years trans lated into German from 193 different Hebrew books, and a considerable number of pages from various Tracts of the Talmud itself. This book, which he named Endecktes Judenthum (Un veiled Judaism) containing two volumes of more than a thou ; " " , sand pages each, he gave in the year 1700 to the printers of Frankf ort-on-the-Main . The Jews of that city got wind of it, and being afraid that this book would cause a renewal of massacres of Jews, such as took place in the cities of Franken and Bamberg in 1699, where EISENMENGER. 105 houses and other Jewish property were destroyed by the mob, appealed to Sampson Wertheimer, who was then the banker of Emperor Leopold, that he should point out to the emperor the dangers which such a book would lead to. Remembering that after the destruction of Jewish property, the mob, in the above-mentioned places, turned to the palaces of the noblemen, the Emperor commanded the Governor of Frankfort to stop the printing of the book, and to conceal all that was printed of the same, until a careful examination of the book by Gentile and Jewish Hebrew scholars would be made. In spite of the assistance of many prominent men in the German Empire, who petitioned the emperor to release the books, he retained his decision and paid no attention even to the special personal letter from the King of Prussia in behalf When Eisenmenger died in 1704, his books had not yet been redeemed from their captivity; and only in 1711 did Frederick I, King of Prussia, republish the book at his own expense, from a copy which was in the hands of EisenIt would take rnenger s heirs, donating all the copies to them. of Eisenmenger. much space to relate the proceedings of Eisenmenger him of his heirs against the Jews of Frankfort, and self, the various decisions of the courts from the time of Leopold too and those to that of the Empress Maria Theresa. We do not deem necessary to recount them, since they are in no the subject of the persecution of the Talmud.* it related to way We have only to say that in the eleven years since the book was given to the press in Frankfort, until the circulation was permitted in Konigsberg, its influence was weakened, so that did not cause very much harm at that time. Thereafter, however, many anti-Semites made use of the material gathered in this book, quoting it as being directly it from the Talmud without mentioning Eisenmenger probably because of his notoriety as an enemy of the Jews. Concerning the book itself, we would refer the reader to Professor Franz Delizeh s book, Rohling s Talmudjude," sixth edition, 1881, and many other criticisms of Eisenmenger s ; " * The details are given in Graetz David Kalian. s (" History of the Jews"), Hamelitz, 1888, by THE HISTORY OF THE TALMUD. io6 work by Gentile Hebrew scholars, such as Professor Strack and others. We have refrained from stating our own criticism of the misinterpretation of the quotations from the Talmud, chiefly because we do not deem it necessary to study Eisenmenger s book for criticism. As for the explanation of the Talmud, we do not need to use him as our guide and also in order to of Berlin ; avoid apparent partiality; since we are ourselves the bearers of the Talmud s banner. (See App., No. 16.) CHAPTER XVII. THE POLEMICS AND THE ATTACKS UPON THE TALMUD IN THE NINETEENTH CENTURY. The nineteenth century was the jubilee of the Talmud s its beginning, and the twelfth century since 2,000 years since conclusion, in which it overcome all attacks directed against This and remained safe, not only bodily but spiritually. it did not prevent the anti-Semites from renewing the persecu tions and the accusations of it with increased energy. its Although the accusations were not brought to a public dis pute, and to the intervention of the government, still the pole mics in books and pamphlets were greatly increased by different persons in different countries. We do not desire to linger on these books, as their discussion would take up too much time and space, still we cannot refrain from mentioning them briefly, as they pertain to the history of the Talmud. In 1848, A. Biichner, a teacher in Warsaw, printed a book, Talmud in Seine Nichtigkeit," and according to Strack, Jacob Kittseer also printed a volume called Inhalt des Tal"Der " muds und both in the German language. The contents of these two books were mainly attacks upon seine Autoritat," etc, and accusations upon accusations, rained down upon Talmud in general and its followers in particular. At the same time a missionary, McCaul, printed a book in attacks, the the English language, entitled "The Old Paths," and S. Hoga, an apostate and also a missionary, translated it into Hebrew. The latter edition was distributed gratis and in tens of thou- LYOTOSTANSKY AT THE TIME OF ALEXANDER sands III. 107 We cannot deny that it was some among the Hebrews. what effective, as it caused many Jews to embrace Christianity. At about the same time Isaac bar Levinson of Kremenetz, named the Russian Mendelssohn, wrote a book, entitled Teuda b Israel," in which he collected all the sayings of the Talmud " relating to the following topics, (a) that every Jew is obliged to learn the language of his country (6) to engage in scientific pursuits; (c) that he must learn some trade and occupy him ; possible, with agriculture, and (d) that he must be patriotic to his country, and must respect the laws of his coun self, if try just as much as the laws of the "Torah," etc., etc. This book was so excellent that the eye of Nicholas I., Emperor of Russia, was attracted to it and he assisted Levinson both morally and financially. Finally he presented him with 3,000 roubles to enable him to publish his later works, Zerubbabel," in which he proved the falsehood of the misinterpretations Beth Jehuda," and Efes Damin of McCaul in every respect, " " " " His books (no blood), written against the blood accusation. were so effective that as a result McCaul s books were almost ignored. The later affair in on more to elaborate stir in however, we intend as at that time it created a great Alexander fully, II. s reign, Russia. In 1876 a Roman who embraced Greek Catholic priest, Lyotostansky by name, Catholicism, published a book in the Russian language which he entitled, christansky Krov?" " Upotreblayut li Jewreay (Do the Jews need Christian blood for religious purposes?) This book, which contains about 300 pages, was dedicated He accepted III., then Crown Prince of Russia. to Alexander the dedication with thanks to the author. Lyotostansky, desiring to have the thanks of the Crown Prince publicly made known, printed posters announcing the Crown Prince s thanks for the dedication, and set them up everywhere, even on the railroad cars. The dailies and periodicals in Russia also announced the works favorably owing to the fact that the book found favor eyes of his highness, the Crown Prince. The contents chiefly attacks upon the Talmud, accusing it of being the source of all the bad customs of the Jews, etc. in the of the book are THE HISTORY OF THE TALMUD. io8 A meeting of the prominent Jews was then called and reso lutions were passed as follows : Lyotostansky attacks upon the Talmud itself should be silently ignored, for a debate on this subject in Russia would do the Jews more harm than good. First, that s Second, to republish of Prof. Chwolson, who Talmud and fair, and distribute the voluminous book was a Christian, which defends the and conclusively proves, both theoretically the blood accusation is a trumped-up af that practically, and that all investigations in many countries have shown in general, that no instance occurred in which the Jews used Christian blood. Third, to republish the "Ukase" (decree) of Nicholas I., which declared that no blood accusation for religious purposes should be directed against the Jews as a people, and that if it should happen that a Jew be accused of murdering a Christian, he should be tried as an individual merely. As is well known, there are people who endeavor to benefit themselves from all current calamities, and to announce them selves as leaders without considering that from such actions the calamity or affliction may become still greater. At that time there were two such men, one in Russia and one in Austria, who desiring to make themselves popular, endeavored to place themselves in the front ranks of the de fenders of Judaism for their own benefit. In Russia there was Alexander Zederbaum, publisher of the periodical "Hamelitz" in St. Petersburg, a man of little knowledge, and who was never fitted for a public debate. He challenged Lyotostansky to a public debate, which, however, the latter declined to accept. The real leaders of Israel, like the Wilna and Perez Smolensky, editor and well known of the S. I. Fiinn of "Hashachar" in were angry because of Zederbaum s such a challenge had caused an ex that challenge, believing tremely unfavorable impression upon the Russian people, Vienna, others, especially as the newspapers declared that Lyotostansky s declination was due to the fact that the alleged leader of the Russian Jews was an ignoramus. The very learned Lazar Zweifel, teacher of the Rabbinical Seminary in Zhitomir, -who, besides publishing a great book in ZWEIFEL. Hebrew, entitled "The Defender," 109 against Lyotostansky s our periodical Hakol, Vol. I. No s 27 to 31, book, appealed his to co-religionists in Russia that they should appoint a com mittee to petition the Czar, Alexander II., to forbid all pole " " in mics about the blood accusation in newspapers, books or pamphlets, for such incitations always do harm to the govern ment itself. appeal was a voice in the desert, as the attempts upon the life of the Czar, in which, to our sorrow, some of our race took part at that time, made it impossible to bother the Czar with such petitions. However, Zweifel We may s say, however, that even in this case the Talmud itself was saved, and the government did not stop the publi cation and circulation of it in Russia and even the study of it in the ulums Even in the curricHebrew teachers, established by of the Talmud were inserted. Jewish schools and institutions. of the institutes for the government, some tracts Alas, we cannot say that the blood accusation by Lyotosin in many had no effect as there were massacres 1882, tansky these were cities where Jews dwelt. Although secretly insti a itself from political standpoint, gated by the government the provoking of the mob was on the basis of the blood ac ; cusation.* CHAPTER XVIII. THE AFFAIR OF ROHLING-BLOCH. Dr. August Rohling, professor in Prague, wrote a pamphlet, the "Talmudjude," sixth edition, 1877, in the German lan guage, the previous editions of which were translated into many languages, in which he painted the Talmud itself and all past Talmudical laws in very black colors. The material Rohling s writings (which are named in the previously in all * In all probability the discussion in this chapter will seem very brief and almost inadequate, but the reason for this is that most of the details of this chapter are related at length in our weekly Hakol" of 1877. Then, again, the entire matter is not so interesting or so important to warrant giving it more space here. Of far " more interest is the works of Professor Rohlings and their results to which we shall give considerable space in our next chapter, especially as we ourselves were greatly taken up with this affair and were compelled by the circumstances to write four books about this affair, three in Hebrew and one in German. THE HISTORY OF THE TALMUD. no mentioned introduction of Strack, page 95) were taken from Eisenmenger, and from other men hired by him, as will be seen further on. Although the above pamphlet was received with great joy by the enemies of the Jews, who quoted him as a great authority, nevertheless, it would have been nothing more than a mere piece of literary work which could create no harm to the Jews had not something unusual occurred which put a different aspect to the affair. Joseph Samuel Bloch who was at that time a Rabbi in and who was anxious to get a a small town of Florisdorf , name for himself, considered all Rohling s work as a means He understood that if he should of attaining his desire. a and should accuse him of per to debate challenge Rohling jury and falsehood, and thus compel Rohling to sue him for libel and insult, this would give him a great name and the Jew ish congregations of Austria, and especially of Vienna, would be compelled to defend Bloch with all their power, for the case would not be Bloch vs. Rohling, but the Talmud vs. Rohling. Notwithstanding that at this time the Israelite congrega tion of Vienna was full of great men and scholars like the famous Dr. deemed it Jellinek, Chief Rabbi Giidemann, etc., etc., who pay no attention at all to Rohling s work, mere literary piece of work, and the criticism better to considering it as a which they thought better to leave to Gentile Hebrew scholars such as Delitzsch, Strack, etc., who had already criticized Rohlings works. Bloch wrote an article in a weekly paper attacking Rohling most furiously and reviling him terribly with every of possible epithet, including the charge of perjury. Bloch s desire was then realized, for Rohling not being able to remain silent, secured the services of the very great lawyer, Robert Pattai, M.P., and brought suit against Bloch for libel. The Israelite congregation of Vienna, although they were much incensed at Bloch for his deed, nevertheless felt very themselves compelled to secure a lawyer of equal ability to Pattai for the defense of Bloch, the result of which will be seen further on. Circumstances helped Rohling to find an apostate Jew named Ahron Briman, pseudonym Dr. Justus, who wrote a book for him named, Judenspiegel," composed of 100 pas" ROHLING BLOCK. sages, alleged to in be found in the Jewish code, "Schulchan according to the ordinances of the Talmud against Christianity, and asserted that the whole Talmud consists of Aruch," such passages. This book naturally created a tremendously unfavorable impression upon the whole Christian world and several papers , that were anti-Semitically inclined announced the contents of One of these papers was Die Merkur," in the City the book. of Miinster, which quoted many passages of the book and at " the same time inserting a glaring editorial against the Jews. The District Attorney finding this article to be an incitation against a race, brought suit against the editor of the paper. This trial occurred December, 1883, and in order that the reader may have some idea of the proceedings, we translate in our Der Schulchan pages of our German work, " Appendix some Aruch und seine Beziehungen zu den Juden und Nicht juden." (See Appendix, No. 20.) To illustrate of Rohling was, who the person Ahron Briman the assistant we have only to translate a few lines written in our "Hakol," No. 191, page 117, March was stricken very hard this year. Anti-Semitism 19, 1885:* All their leaders are taken one by one to the prison, and they will have to give an account for their deeds to the judges. With the imprisonment of Briman, Rohling s sources were by us about him " revealed and annulled, as his right hand, Briman, or Dr. Brimanus, or Justus, all of which names are identical, is now behind the bars, and the newspapers are now recounting his one by one. We, however, say that he and worthy of such an honor. There sins all his literature are not no doctor, nor learned man, no distinguished being, no Satan, but a simple, ordinary swindler, who endeavors by everything that comes to his is hand to deceive the people. He (according to his biography which is published in the dailies of this week) has made a study of the Talmud and the Schulchan Aruch only that was a student they might serve as his business schemes. He in the college of Hildesheimer, where it was easy to imbibe * At the time he was imprisoned for tinuously about this in long articles. many crimes and the dailies wrote con THE HISTORY OF THE TALMUD. ii2 and really become sanctified in the city of Hague. more To be still purified he washed himself in the holy waters of Protestantism. Seeing, however, that this act would not much for to be a "Pfarrer" (minister) one him fruit, bring must labor diligently, and this he would not do, he set all this deed aside at one stroke and swerved over to the Catholic santification faith. And then he followed his nature to catch in his net some who had confidence in him, and going further young girls, in this way the attention of the police was called to this, who put a stop to him. For whom then such a fuss? We are neither a prophet nor the son of a prophet, but nevertheless we recognized his character from his so-called literature even as far back as As the following are our words in our pamphlet Krit1883. ischer Ueberblick uber den Judenspiegelprozess in Munster," December, 1884, page 8, footnote n, (when we were not such would be written aware who the author was) named criminal, deceiver, misanthrope, by a Jew he would be etc." True, that when we wrote this, we did not know that he was a Jew, and now we see that he was. For this, how ever, we have only to be grateful to him because he left the Judenspiegel," Jewish fight before he wrote his hateful and also before he gave his miserable material to Rohling. This, because the anti-Semites can no longer blame the Jews on account of this person as they brought him over to be " : "If " come their ally. But what became of the suit of Rohling against Bloch? We have to give the full credit to Dr. Kopp who forced Rohling to withdraw timony And his complaint seeing that according to the tes of his co-religionist scholars he could not win his case. this lished in may be seen from the book which Kopp has pub 1886, second edition. (See criticism of Leipzig, page 95.) We, however, deem it necessary to details of this book, in order to defend the Talmud, the give as this will throw light upon all past and present accusations it in Strack, against the Talmud. As we have done this in our Hebrew monthly "Morgenblitze," Vienna, 1886, we have only to translate here a part of our review to the book of Kopp named " Zur Judenfrage nach den Akten des Prozesses Rohling-Bloch KOPP AND HIS BOOK. von Dr. Joseph Kopp Hofgerichtsadovkat Zu 113 Wien," Leipzig, 1886: " Many books are lying before us for review or for announce However, the book named above is unique in every It cannot be criticised either way, and the same respect. is true of the author of this book as he himself does not give his own opinion concerning the subject matter of the book. ment. Nevertheless, we may fully say that it is a scientific book in every respect. The author of this book is a Gentile, a prominent member of the bar in Vienna, and, according to his own testimony, he knows neither the Hebrew language nor the talmudic and " Notwithstanding this, the post-talmudic literature at all. a Talmud and all post-talas sanctifies the book, whole, mudical literature. It can not be taken as a defender of the Talmud because of arguments, as the whole book contains merely facts which can never be denied and which prove clearly that the Talmud and its banner-bearers are clear of every accusation and of every suspicion concerning the love of man, be he who he may, even according to the present laws and established etiquette." The above facts were not given by the author himself, but by two well-known Gentile Hebrew scholars, upon whom the Supreme Court of Vienna threw the burden of translating four hundred passages and quotations. These the Jewhaters have used as a sample of the wretchedness of the The aim of the Jew-haters was to the pillar of the Jewish race. The author of this work, whom the Israelite congregation of Vienna choose to defend Bloch in the case of Rohling- Jewish literature. chief Talmud, which belittle the is He gathered all the quo Bloch, has done his work well. tations quoted by Rohling in his writings from both the Tal mud itself as well as from post-talmudical literature, those Hebrew language and also in other by converted Jews who reached then the dignity which were written languages, of Catholic priests. in the All these quotations he divided into two groups, (a) the quotations in Hebrew he brought before the Supreme Court, who appointed Gentile Hebrew scholars to translate them correctly under oath, into the German 8 THE HISTORY OF THE TALMUD. ii 4 language; amined the quotations in the living languages he ex However, when he found a quotation in (6) himself. another language besides German he submitted it to the sworn interpreter of the Supreme Court for translation. Then, when both the translations of the quotations by the Jewhaters and the translations of the same by those who were appointed by the Court appeared before the court, it was revealed that the alleged quotations of Rohling were not quotations of the Talmud at all, but merely falsehoods. And thus was it proved that every line written by Rohling in his and Das Ende der Welt," "Antichrist "Talmudjude," Catechism des 19 Jahrhundert fur Juden und Prote(in which he praises the Spanish Inquisition, de it holy to the Lord and to the Catholic Church), "Das claring Salomonische Spruchbuch," "Meine Antworten an die RabPolemik und die Menschenopfer des Rabbinisbiner," "Die in his letter to Ghetza Anhadi of June 19, also and mus," which never existed since the all fabrications were 1883, "The " stanten creation of the world. " such a falsehood would not be revealed by the learned it would be impossible to believe that whose dignity came from a professorship of a university If Christians under oath a man should act so. The contents of this book are as follows: All quotations which were translated by the experts as well as those which Rohling himself falsely quoted,* Dr. Kopp arranged them thus, preface, instruction, the story proceeding the trial, the proceedings of the trial, the conclusion derived from the true testimony which was obtained from non-Jews Medriki, Rabbi i.e., the Bishop of Leon Agobardus, Paul Gerhard Rabbi Mendel, August Fabius, Tickson, Maldava, Franz Delitzsch and August Wunsche. ; After sub-dividing the answers of the above scholars in parts, (a) those which are mentioned in the Talmud, etc., in general, and (6) where it speaks of the subjects in partic ular, and this he again sub-divided into nine groups; i.e., (i) " two about injuring of Gentile property, (2) harming their lives, (3) partiality in cases where Christians come before Jewish * The author Kopp points out also books which never existed. many quotations quoted by Rohling from EXILARCHS. 115 judges, (4) the application of animals and beasts names to Christians by Jews, (5) about the oath of the Jews, (6) about Jewish witnesses, (7) the Jews against the Christians in the laws of slaughtering cattle, (8) about the flattering divided into two para graphs, (a) the non-responsibility of the Jews (see Appendix No. 19), (6) about the infallibility of the Rabbis concerning and deceiving practised by Jews: the blood accusation, and (9) the conclusion of the author All these comprise 196 royal octavo pages. himself. It is self-evident that such a book is above criticism, for, " as we said before, the book contains only facts, viz: (i) the translations under oath of the well-known Christian scholars, and (2) the falsehood of Rohling s quotations translated into German when compared with the text, and more evident when it is known that Rohling, this is all the after seeing all these facts, not only withdrew his complaint but pardoned even the most rigorous accusation of perjury which Bloch ac cused him of in the past, saying that he was always ready to swear falsely at any time if only it would cause harm to the Jews." CHAPTER EXILARCHS ; XIX. THE TALMUD AT THE STAKE AND AT THE PRESENT TIME. ITS DEVELOPMENT Since the colleges were open in Palestine and Babylon, after the destruction of the Temple, there were two kinds of rulers :the Palestinian were called princes (Nassies), and the The Babylonian were called Exilarchs (Rashee Hagula). former are well known to the students, as every one of them is mentioned historical Talmud, and their biographical sketches many books by modern historians, also in our in the are written in and literary introduction to our new edition. Exilarchs, however, who are seldom mentioned in the Talmud, are almost forgotten by the historians. Notwithstand The ing that the duration of their reign is about 450 years, no arrangement of their names and times is to be found in their history. It is true that some of their names are mentioned " in Seder THE HISTORY OF THE TALMUD. u6 Ualam Zuta," "Machzor Witree" and " Yuchssin," but it is no order can be found out. We have to be grateful to the learned Abraham Krochmal, who first took up this matter, and wrote an excellent long arti so confused that seventy-three pages in his cle of "Scholein zum babylonischen Talmud." His suggestions, however, though of a great genius, are scholastical and were criticised by many in periodicals and Finally Felix Lazarus, in the pamphlets. " " Jahrbucher of N. Brill, issued a separate pamphlet about this subject, the result of which the reader will find in a list further on. And as many of the Exilarchs were the heads of the colleges Pumbeditha and Nehardea and took a great part in the development of the Talmud, they must not be omitted from the History of the Talmud. in Sura, LIST OF EXILARCHS.* Nahum Johanan Shepot 140-1 70 Huna I Uqba I Huna II., his son Nathan I. b Huna Nehemiah 1 2 10-240 240-260 260-270 1 270-313 3*3-337 MarUqball. ... Huna III., his brother Aba Mari, his son Nathan 70-2 10 337~35 " 35-37 II 3 70-400 Chanan, son of Aba Mari 400-41 5 Huna IV 415-442 442-455 455-460 Mar Zutra Chanan II * We instances Lazarus spare. offices, s I., son of Chanan are unable to give their biographical sketches in a clear way, as in many we agree with Krochmal, whose arrangement is much different from list and the discussion would take up too much space, which we cannot We have only to say that many of the Exilarchs were only holding their but were not so learned as to take part in the colleges. They were appointed by inheritance and according to the excellence of their morality. All of them were descendants of David s kingdom, direct from Solomon. The Princes of Palestine, who were also descendants of the same kingdom, were only from descended from Shepetiah b Abital. their mother s side THE TALMUD AT THE STAKE. 117 Huna V., son of Zutra Huna VI., son of Chanan 465-475 484-508 508-520 520-560 560-580 580-590 -660 Mar Zutra II. (Achunai) Huna Mar Chanan Kafnai Chanini Bostanai With the conclusion of the first volume of this work at the beginning of the twentieth century, we would invite the reader to take only a glance over the past of the Talmud, in which he will see that in almost every century and place of the different countries in Europe, the Talmud was condemned to the stake. By a glance over the present time, however, he will see that not only was the Talmud not destroyed, but was so saved that not even a single letter of it is missing and now it is flourishing to such a degree as cannot be found in its past history, as will be ; seen further on. The details of all the persecutions of the Talmud were given Here we give a list of the places preceding chapters. dates in which it was at the stake, as well as the names of in the and the persecutors. THE TALMUD AT THE STAKE. Time. Place. 1244 Paris 1244 Rome InnocentlV. 1248 Paris 1299 Paris Cardinal Legate Philip the Fair 1309 Paris Philip the Fair 1319 Toulouse Lous 1322. Burned in Persecutor. King Louis IX. Odo Rome by order of Pope John XXII., and accompanied by robbery and murder of the Jews by the mob. Rome: Pope Julius III. Similar burnings by the 1553. same order took place in Barcelona, Venice, Romagna, U rhino and Pesaro. full of books were burned but first they were carried through the streets of the city, while royal officers proclaimed publicly that their condem nation was due to the insults to Christianity which they contained. (See also Here three wagons note, vol. ii. p. 52.) ; THE HISTORY OF THE TALMUD. n8 Burned by hundreds and thousands Ferrara, Mantua, Padua, Candia and Ravenna. 1554. 1558. Rome: Cardinal Ghislieri. 1559. Rome Sextus Sinensis 1557. Poland: made : in Ancona, . Talmud burned because of the charge that they used the blood of Christian against the Jews children in their ceremonies. This occurred during the Frankist disturbances. Such was the past of the Talmud which we hope will never be repeated. Now a glance at the end of the last century and the beginning of this one. The colleges for the study of the Talmud are increasing almost in every place where Israel dwells, especially in this country where millions are gathered for the funds of the two great colleges, the Hebrew Union College of Cincinnati and the Jewish Theological Seminary of America in New York, in which the chief study is the Talmud and its post-talmudical The heads of these colleges are of the most learned literature. scholars of their time, who are very careful in selecting the pro and instructors for these institutions of learning. were honored to be present at some lectures which the late We fessors great Talmudist, Professor Mielziner, delivered before the senior class in Cincinnati, from which we derived great pleasure and, we may also say that in some instances they were to a degree instructive to us in our task of translating the Talmud. What concerns the theological seminary in our own city, in which we were not permitted (see App. No. 20) to hear the lec tures on the Talmud, we are also in the full belief that it will do much for the study and development of the Talmud in this and in future generations. We use the statement of the Tal mud, "One may be certain that a master will not leave out from his hand a thing imperfect," and as the dean of this faculty is not only a learned man but also an experienced teacher, there is great hope that he will do all in his power to select instructors and perfect lecturers for this institution. There are also in our city houses of learning (Jeshibath) for the study of the Talmud in the lower East Side, where many young men are studying the Talmud every day. We are also glad to notice that among Gentiles the study GENTILES STUDY THE TALMUD. 119 of the Talmud is more or less spreading, as we have the experi ence that a great number of Gentiles and almost all the theo logical seminaries and public libraries subscribed to the Tal mud, and also many queries concerning it frequently came to us from Gentiles. among Gentiles This is all shows that the study of the Talmud not very rare. App. 21) which is in pro gress now is also a great help to the study and development of the Talmud, as all the treatises of the Talmud are and will be separately named, with many particulars which will cause The Jewish Encyclopaedia many readers to study the (see Talmud itself. APPENDIX A. No. i. In the history of the "Oral Law," Part I., by I. H. Weiss, the reader will find an account of the deeds of the Samari tans in detail, though only a few instances are dealt with. No. 2. We may refer the reader to the book, "Maamar Haishuth," by Holdheim, Berlin, who explains the belief of the Sadducees, and their opposition to the Pharisees. No. 3. We agree with those who say that the tearing of the skin at the performance of circumcision was discovered since the Israel had begun to undo circumcision at the time when the theatres were opened by Nero, and the Jews who had to go naked there to wrestle with the beasts, were ashamed to be distinguished by this For this purpose the tearing of the skin was devised. peculiarity. (See Tract Sabbath, p. 307, in the Mishna: "One who was circum cised without having had the skin torn open is considered uncirites ; To this there is neither any source in the Scriptures cumcised.") nor any tradition mentioned in the Gemara. Some scholars don t (See the letter of A. Bernstein in Tract Roshhosagree with us. honah, in the first edition). We, however, base our opinion on the fact that we doubt whether Antiochus Epiphanes would have prohibited a circumcision, customary then among the neighboring nations; and therefore it seems to us that he prohibited only the tearing of the skin which had been ordained by the Pharisees. No. 4. See our brief introduction in Tract Sabbath. Our that some written Mishnayoth had been in existence Also Jellinek s Kuntrcs Haklalim, Note 4, for the long before. Also I. H. opinion of the French and Spanish scholars about it. opinion is Weiss and our "Hakol," Vol. VI., p. The London Athenaeum, n. VI., 808, has cited our statement in Most of the Mishnayoth the general brief introduction, p. 15: date from a very early period, and originated with the students of the Jewish Academies which existed since the days of Jehoshaphat, " King of Judah [2 Chron. xxii., 9]: And they thought in Judah, and with them was the book of the law of the Lord, and they moved as about through all the cities of Judah and taught the people, " This, however, does not terrify us, as notes of com mentaries on the text of the Scriptures, the whole or in part, have ridiculous. APPENDIX 122 A. been found in the hands of students from the time colleges had been founded and this opinion of ours has met with approval from many contemporary scholars. No. 5. See our "Hakol," Vol. VI., in which we state that the Gentiles who desired to embrace Judaism, asking Hillel to convert them, were men of rank, for a common man would not dare to make such a stipulation as to be a high priest in Israel. No. 6. The belief in the divinity of Jesus became acute at a much later period, when the heathens accepted this fight according to all ; modern scholars.* We shall also come to this matter in 7. (See App. No. 4.) our later notes. No. 8. In our translation we have added the Tract Ebel Rabbathi, or Sema Hoth, as the law of mourning was taken from this No. We have, therefore, added it to the tract "Minor Festivals," tract. which festival days. What concerns with the tract Benedictions," H. Weiss for another reason which does not seem probable also treats of the beginning of see I. mourning on the "Section of " Seeds" to us. The names of all the treatises of the tracts of each section, and of their chapters in detail, the reader will find in books written for this purpose by Strack, Mielziner, and also in the encyclo We paedias, especially in the Jewish Encyclopaedia, f necessary to name them here as we give at the synopsis of each tract, translated and published * What and other up concerns Ben Zakkai, according to Heilprin, in bis Johanan b. Zakkai died 72 years A.C., that authorities, after the death of Jesus, at which time the followers of the deem end of Vol it not II. the to date. " Seder Hadoroth," about forty years had already begun is, latter We to dispute with their Jewish colleagues. also find a disciple of Johanan b. Zak kai whom he very much respected, very friendly to, and pleased with, Jacob of the Hence our conjecture. village Sachnon, who was one of the first disciples of Jesus. f Speaking of the encyclopaedias, we are sorry to say that in spite of the adver tising of their completeness, with all additional information in every branch up to the It seems to us that they omit the time of publication, one can not rely upon them. interest. According to our knowledge, books the subject most students, not to speak of whether they are well done or not, ought to be mentioned and, if necessary, with a remark about the quality of Now take the "Century Encyclopaedia-Dictionary and Atlas," which is the books. advertised as the best of its kind and which is published in New York City, and if mention of books of great of which we is interesting to look under the subject "Talmud," the fourteen or fifteen volumes of the first English translation of the "Talmud" by Michael L. Rodkinson, published in the same city, are not to be found, although about 175 daily papers and periodicals, here and abroad, noticed and reviewed the publication. The same is the case with Appleton s new encyclopaedia under the same title "Talmud." Here also Rodkinson s translation is not mentioned, though some small tracts which were translated into German are mentioned. Still more remarkable is it, that the reviser of this article APPENDIX No. 9. 123 Details will be given in the second in the introduction to our new volume of this book edition. In our book mentioned, we also show additions made the opponents of the Talmud for the purpose of degrading it. No. by A. 10. For examples, see Vol. No. ii. We shall II., come Part III.* to this matter in the second volume of this book, in the chapter devoted to the Ethics of the Talmud. No. 12. Almost all ritual poets composed after the Talmudic Hagada. Sometimes comments will be found, by a critical eye, there on the Hagada or even Halakha, as the ritual poems relating to Passover, contain almost all the laws of Passover. No. 13. His deciee was only for the German, French and Polish Jews, and extended only until the end of the five thousandth year after creation. However, the above-named Jews accepted his de cree as extending indefinitely. In Syria and in Palestine, however, where his decree was not accepted, some of the Portuguese Jews, known there as Franks, marry two wives even at the present time in such cases when the first wife is barren. No. 14. See "Measseph Nidachim," Vol. X., by A. E. Harkavy, where he proves that in Spain had existed houses of learning from ancient times and that the Gaonim of Babylonia had relations with them; and in many places they tried to follow their customs. (See there) . No. 15. As to what were these and who the disputants, places, was Dr. Richard Gottheil, who is one of the editors of the Jewish The Bookman" in 1897 upon Encyclopaedia, and who himself wrote a criticism in What concerns the Jewish Encyclopaedia, which is devoted only to this translation. matters relating to the Jews, one is still more astonished on examining its bibliogra On pages 390 and 394 of vol. ii., etc., etc., the contents of Tracts Baba Batra phies. Metzia and Kama are explained. In the bibliography of this article are neither men tioned the excellent translation into French by I. M. Rabbinowicz nor the translation into English by Michael L. Rodkinson. The same is the case with vol. iv. page 526, Derekh-Erez Rabba and Zuta," for in the bibliog etc., concerning the tracts raphy there is not mentioned its translation in vol. i. (ix.) into English by the same M. L. Rodkinson, together with Abotde Rabbi Nathan, which is mentioned in the first on the " Talmud " " , " " " An English version is given Here the bibliography reads volume, page 82. by M. L. Rodkinson in his translation of the Babylonian Talmud, I. (IX.), New York, We cannot find any excuse for such a sin of the bibliographer unless we 1900." " : ascribe it to the carelessness of the editors, for even if the authors of the articles were ignorant of it, in spite of the fact that this translation is to be found in almost libraries of the cities and countries, still the editors ought not to have been so. * To the critics who will to find fault with us because of the article which we feel for the article and the author, Therefore, without any controversies, able to us, leaving it to the reader to judge. many points. the by Prof. try we will say that in we do not agree with Schechter in the Westminster Review of January and April, of the respect all we state here spite it on what seems reason APPENDIX i2 4 whether only Messianists or modern ions of A. also Persians scholars differ. To us it and idolaters, the opin seems that the Messian possessed only the house of Abidan, and the Persians and Magians that of Nitzraphi. Rabh refused absolutely to dispute with the first, but was forced to do so with the latter, perhaps by his proximity to the government. Of the house of Abiani schol ists was composed of Messianists. As his interpretation of the text, shall be a sign unto thee upon thy hand, and for a memorial between thy eyes," that it is a figure of speech, it shall be memored as if written on thy ars say No. it 1 6. "it me as a seal upon thy breast," [Song of Solomon, vii. ornament which it is customary to 6]: thy eyes," and there on the is no mention of the use of Phylacteriens brow, put in his whole commentary, though the Talmud based the custom of Phylacteriens only on these texts. We have spoken already of this in our work on Phylacteriens. hand, as, "set as an "between No. In the excellent work, "Kritische Geschichte der Tal Ubersetzungen by Dr. Erich Bischof, we read, p. 67: mud 17. " , Trotzdem heute der friihr iiberschatzte Eisenmenger allzusehr unterschatzt wird, weil er noch nicht den historisch Kritischen Blick unserer Tage besass lasst sich doch gegen seine Uber* Stellen nichts Erhebliches mit setzunger der genanten sie sind vielmehr fast stets richtig, etc. Fug ein- wenden We may say that though we respect very much the above-men tioned work as one whose opinions in general are correct, we would like to call the attention of the learned author to the following facts : (a) Notwithstanding the fact that in a period of eight centuries over a thousand persons of varying opinions were engaged in the compiling of the Talmud, in the edition lying before us there is not to be found any designation as to time, and in many places, even the author of that saying is not mentioned, Eisenmenger gives the sentence, calling it literal translation, as if it were said by one person It is self-evident, however, that such literal trans at a given time. lation changes the meaning entirely. it (b) An opinion of an individual concerning Gentiles, he quotes in the name of the Talmud, in spite that this saying is immedi ately opposed by the Gemara. Margela be (c) He erred even in the literal translation, e.g., Pume de Abye," this paragraph is translated by us in third part of Vol. II. of this book. He translates, "A pearl was in the mouth of " A-"; while the used," * i.e., He literal translation of Abye "used" the word Margela is, "It to repeat this saying very often. quotes namely, the places of the Talmud which were was At translated by him. APPENDIX another place he asks while the word the teaching why "Talmud" is And we wonder should the A. 125 "Talmud" in that sentence means be called great, "teaching," i.e., greater than action; for teaching causes action. how Dr. Bischoff can say of such, it is rather cor " rect." Concerning the pamphlets and books against the Tal see Strack, page 95. No. 19. Rohling declares that the Rabbis had concluded that all the sins of a Jew, be it against heaven or against man, are for He also declares that every given him if he only remains a Jew. Rabbi considers himself infallible concerning the laws of non-Jewish No. 1 8. mud, written by apostate Jews, blood. The conclusion of interest to the reader, our review of this book seems to us of and therefore we translate it here: "The Lord hath made all things for himself: yea, even the wicked for the day If we will look with an open eye into [Proverbs, xvi. 4]. the history of Israel, we shall find that at all times, when character of evil " men arose to accuse and oppress Jews because of jealousy or animosity (except in cases where a man fights for his livelihood, which is natural), their opponents who fought them openly were equal to them in every respect. As the poet says, "Also unto thee, less O thou renderest to every man according If these words should be explained meaning the question would arise why mercy Lord belongeth mercy to his deeds " for [Ps. Ixiv. 13]. according to their literal Therefore it is to if to every one is rendered according to his deeds. be explained thus mercy belongeth to thee that thou repayest the wicked man for his evil deeds by one who is equal in deeds to him." : Similarly did it happen in the time of the Judges when Sisera oppressed the Jews terribly, providence transferred him to a pros titute, Jael, who rebelled against her husband and also against her lover (Sisera), and was slain who thought by her to be saved, being between her knees, [Judges, v. 27]. Haman, the Agagi whom Harbonah had assisted in creating the gallows to hang Mordecai, was transferred to Harbonah s hands and was hanged by him who was equally devoid of character. Hadrian who decreed that the Jews should not circumcise their children under the penalty of capital punishment, and Simon b. Yohaie who was going to Rome to petition the Caesar to abolish through Ben Tmalion (a devil). Notwithstanding that Simon wept saying, "To the servant of my grandfather (Hagar), when she was in need, an angel appeared three times [Genesis, xvi. 7-12], and to me who am troubled with the needs of all Israel, an angel did not appear, even one time, but this decree, the miracle occurred APPENDIX 126 A. only a devil [Me-ila, 17,6], itdid not help him, for who of the angels would lower himself to appear before such a low person who desires " to oppress humanity without their religion. any reason but merely on account of In reality it is revealed before Him, who said a Word and the World was created, that a man of delicate nature would dislike to come in contact with men of doubtful character, and would not fight with a dirty man, as there is a rule that he who fights bodily with a dirty man must become dirty himself. Therefore the Lord has created the wicked and characterless men for the purposes of evil day that he should conquer his opponent, who is equal him in every respect. Our sages seem to be aware of this, as we find that when a dis pute was needed on subjects concerning Israel, they selected a common man (see Sanhedrin, page 270), and similarly to this, we have seen last year when the measure of the renowned Stoecker s such an to deeds were full, his for a scribe s comrade, Greenberg, who exchanged his needle when driven out from the Socialists in Berlin, pen, and became a comrade of Stoecker, and finally his secretary, and later sold him with all his writings for ten German thalers, so that it became known who the Preacher of the Royal Court was, and a case identical to that of Rohling-Bloch, that he (Rohling) fell into the hands of a equally characterless man, Bloch,* whom God had created for this dark day, as said above that from all the great Jew ish men of Vienna, not one of them humiliated himself to enter into a fight with Rohling. However, if there is need for a miracle to occur, it matters little from whence it comes, and after all, we have to praise Bloch that he was the cause for the appearance of such a book, just as the prophetess Deborah praised the prostitute Joel "Blessed shall she be of the women of the tent." [Judges, v. 24]: No. 20. The following is a translation of a few pages of the be ginning of our pamphlet, "Der Schulchan Aruch und seine Beziehungen zu den Juden und Nichtjuden." "On the xoth of Decem ber, 1883, a trial came before the Landesgerichte, at Miinster, which created a great commotion in of the anti-Semites, all Germany "... viz., "one named Dr. Justus, published a pamphlet in name Judenspiegel containing 100 law para Paderborn under the graphs of the Schulchan Aruch, concerning the treatment of Akum, abbreviation of three words, Obde Kochabim Umazoleth, literally, worshipper of stars and planets. Justus, put the word * In our pamphlet his character are related. Christians " Barquai," However, the author, Akum instead of Vienna, 1886, all Bloch s in every proceedings as well as APPENDIX in place The the text. editor A. 127 The Merkur of in Minister quoted many pamphlet with a glaring editorial, and the district-attorney, who considered such as an incitation The Landesagainst a race, made him responsible for this. a one two Dr. Treu, a Hebrew experts, Jew, gerichte appointed passages of this teacher in the royal gymnasium, instructor in Semitic languages." * and a Gentile, Dr. Ecker, an Ecker Privatdocent at the royal academy of this place declares, that having devoted the last ten years exclusively to the study of Semitica, he is in a position to express an opinion. He then goes on to say the first place, I feel it my duty to point out that I can in no way agree with the conclusions arrived at by my esteemed colleague, Treu, and that concerning the essential point I entertain a conviction the very opposite of his. Three questions are here concerned which I am to answer: (1) Is the Shulchan Aruch vested with legal sanction? Does the word Akum mean also Christians ? ( 2) Are the quotations of Dr. Justus in agreement with the (3) Dr. : "In original text." As his answer to the first question treats about the "Schulchan Aruch only, and also whether the Jews at that time are to be named " Schulchan Aruch Jews or Talmud Jews, we omit it as it does not belong to the purpose of our history. We begin therefore with the second point. "As do not see to the second point, how this whether the word can be denied. It is my Akum comprises also Christians, firm conviction that Akum is I nothing nor more than non-Jews. And I believe that the Christians too belong to this Thus a law book that has appeared in the middle of the sixteenth century in Krakau should contain laws regulating the behavior of Jews (i) towards Jews, (2) less class. toward planet-worshippers who live hundreds of miles away ? This is indeed ridicnlous. Gentlemen, allow me to draw a comparison. Suppose, here in Miinster, a would conceive a a law book in which there are notion to sit down and write new Jew how the Jews should behave toward Jews and toward well, them what he may, it means after all non-Jews suppose further that the prescribed behavior toward non-Jews is very rude and inhuman, and the author is held responsible for so treating the Christians, the learned Jew says but two classes of laws, for my part let him call ; : Ye Christians of Miinster are not at has reference to the " Hottentots Now, gentlemen, it is there have appeared laws in all included in the class of non-Jews, which class ! just as ridiculous to assert that in the sixteenth century Krakau regulating the behavior of Jews toward planet * The testimonies of Dr. Treu, who was a Jew, we do not deem necessary to may be understood from the answers of Dr. Ecker. translate, especially as they However, the latter s testimony and our replies we translate literally for the purpose of enlightening such passages which are to be found in the Talmud. APPENDIX 128 A. And, gentlemen, since this worshippers, and the Christians are nowhere mentioned. point has received no emphasis on the part of my esteemed colleague, it is important If Akum does not comprise Christians, then laws against to call attention to it ! In the Shulchan Aruch there are mentioned only Christians are wholly missing. Jews and Akum we Christians are surely not Jews, hence we are beyond all doubt ; comprised in the term Akum. repeat once more, Akum "I is The Rabbis them congruent with non-Jews. I have in my possession a recent Wilna edition of the Shulchan selves prove this. Aruch, in which not infrequently the word Akum of the older editions is substituted by Eno Ichudi, i.e. non-Jew. The fear for the censor prompted many to an altera but in this case tion, selves say that Akum We are in it has rather been an unhappy one, since the publishers them synonymous with non-Jew." is a position to meet also this issue of the Herr Expert. is by no means generic for the term Christian. The term non-Jews In order to fully perceive the truth of this statement, it remains for the learned doctor to merely cross the channel over to England. This great world dominating nation consists in majority of pious and strict Christians. for the propagation of the Christian creed, all ings over the world. However, they They its overwhelming sacrifice millions and the evangelic writ call themselves with self- gratification, genuine Jews, sons of The New Union." They be to descendants of the enigmatically vanished ten the pretend "The and to still be Jews, body and soul. Very often you on their worship places and educational institutions inscrip tions in both English and Hebrew. Here you read in strikingly tribes of Israel, find " "Chapel of the Jews-Christians," Jewish-Nazaric In the cosmopolis London the most influential princes and the highest state officers call themselves with self-conscious large letters: School." What then is the decisive trait that makes "Jew-Christians." the Christian a non-Jew? Furthermore, the theologically educated Expert can, hardly be believed to be ignorant of the fact that the ness, first the adherents of Christianity in its statu nascendi had preserved for a long period, had remained piously obedient name Jews and tenets of the Jews, and had in outward apparel distinguished themselves in nothing from to the customs, precepts their their former brethren in creed. Notwithstanding their sincere de votion to the new movement, they still called themselves, "devout sons of Israel"; only few were they who assumed an outspoken antagonistic position with regard to the customary Rabbinic or Pharisaic ordinances, and were on this account stigmatized by the Talmud as Now, has non-Jews always been "Apikores." identical with Christian? Aside from this the first edition of the Schulchan Aruch" was printed in Adrianople (Turkey), where the most inhabitants were Mussulmans. "Min," " APPENDIX " Such falsifications of the text in A. 129 more recent editions have perplexed me to The fourth law reads When investigated the laws of Justus. a Jew is met by an Akum (Christian) with a cross in his hand, the Jew is strictly pro hibited from bowing his head. However, in my Wilna edition I find instead of some when extent, Akum I word adani, the When : man. i.e. I then compared a new Stettin edition, and there I worshipper) with abodath kochabim (idol) in hand meet, whence nothing could, of course, be proved. Only in an older edition When an Akum meets you with a sheti vatrtb (i.e. woof I have found the original even find : an obed kochabim (star : = and warp And, gentlemen, this proof is incontrovertible. cross). everybody that no heathen reveres the cross. Akum here must mean a One moment, profound Herr all to be very far from It is known to Christian." Dr. Ecker, the case appears after being so manifest and ultimately settled. During their existence, extending over thousands of years, the Jews had experienced among the various nations many a thing of which a sage can not even dream and which seems unknown also to As Dr. Ecker, the theologian, who bears even the title Doctor. there is in general nothing new under the sun, the consecration of many In the the cross in Christianity was not a wholly new creation. Brahman religion the cross had enjoyed great esteem some six cen turies B.C. The Hindu symbolized of the universe. the Fakirs would therein the space relations According to accounts relating to those times, stand motionless, their hands stretched cross some would have it, even for weeks until the would grow to be inches long. By thus blunt bodily sensibility they endeavored to give palpable ex wise, for days or, as on their fingers nails ing their pression to the negation of man s earthly existence. The commen tary to Eben Ezra.mefcor chaim, gives in the book Margalioth an account of this custom. Accordingly, it is by no means so in credible nor could have been so infrequent that a Jew should have met a heathen with a cross. The assumption is therefore plausible that the Talmud had in view such heathens. However, we admit that this is merely an hypothesis, and that Shulchan Aruch was no more familiar with Indian mythology than Dr. Ecker appears to be. We aim solely at showing that it is possible for one impelled by judophobic purposes to carry on the study of Semitica for ten all diluted years, and yet exhibit drastic ignorance here and there and that it is vain and eloquence presumptions notwithstanding altogether ill-becoming to venture upon expressing a competent opinion on Jewish laws that have arisen in ancient times. It is of this that we wanted to remind Herr Dr. Ecker and his anti-Semitic commilitants. In conclusion one more proof that will of necessity convince everybody. We that the Jews do not eat meat unless it has been slaughtered by a Jew. Mea t slaughtered by Christians is not kosher, and yet the Shulchan Aruch says that " all know meat slaughtered by an 9 Akum is not kosher ; hence Akum means also the Christian." i APPENDIX 3o A. Also this your far-fetched remark Patience, Herr Dr. Ecker. deserves an answer, and such that will remove the scales off your eyes. How indeed is it possible that a theologian who has been ex ploring Jewish literature for ten years should exhibit such salient gaps? The most ignorant Jew could beat you in this point. Who does not know that only a trained slaughterer examined and sup Any other Jew, and plied with a diploma is allowed to slaughter? be that the most enlightened and distinguished among the Rabbis is not entitled to slaughter, and were he to do it the meat of this animal would be unallowable and regarded as though the animal had been torn to pieces by a beast of prey, and is there And upon this case Dr. Ecker bases his fore "Terefa," (torn.) deduction that Akum is absolutely a Christian, for the cattle How ridiculous! Is it slaughtered by an Akum is not kosher? kosher if slaughtered by a Jew not in possession of the right to themselves, slaughter? Now comes the important third question Are the laws of Dr. Justus really con Shulchan Aruch ? Herr Colleague Treu has made the utterance that many a point of these laws is not contained in the Shulchan Aruch. Particular stress was apparently laid on this remark. The case is not set down with precision I have " : tained in the ; and reached the following result that I should simply sign my name under all these 100 laws from A to Z, you cannot In their main substance they are correctly contained in the Shulchan require of me. Aruch, but the foundations of some single laws are borrowed by the author from somewhere else on the whole, however, well grounded. I admit, and this is natural enough, that the laws are poignantly formulated, and in some cases in a manner which We read, e.g., in law 79 The Jew is allowed to eat un I should not approve of. compared all the laws with the original text : ; : clean in case of a dangerous sickness however, he is not allowed even in this case to use for his cure something that belongs (in the opinion of the Jews) to the As already observed, no mention is made most-unclean, viz., to a Christian Church. . . . of Christians, and also here in the text it reads idol worship. Of course, the Christian Church too belongs here. Thus, the case is not untrue, yet in its above formulation the law sounds sharper and Dr. Justus should have left the text also here unaltered and added Christian Church in parentheses." we are at a loss to find the proper expression that might appropriately characterize this expert deposition of a theologically Truly, Let us in the first place inquire somewhat more priest. in question, which in its formulation is in neither law into the closely In the former we read: If the Talmud nor the Shulchan Aruch. educated " man bulimy he may be fed with unclean Here no mention become clear" (Yoma, 125). food, In the Shulchan Aruch is made of either Akum or idol worship. is allowed to give the dan the same law is worded as follows: a till is seized with his eyes "It gerously sick prohibited food to eat" (Orach Chaim, 618, 9). Here Still another pas- again the word unclean has been eliminated. APPENDIX A. 131 sage treating of the same subject reads: "For curing purposes all is allowed to be used but the wood of an Ashera, Astrate, that what was in Phoenician an unchaste phallus-idol." We read further in the same place: mitted to cure one s self "With all it is per except by means of idolatry, adul and shedding of blood." Turnah = unclean is not met here this law is restated as follows: tery things The word (Pesachim, 36.) In the Shulchan Aruch all. at "It is not allowed to seek con name of idols (Yoreh dea, 155.) Neither is here Tumah to be found. It thus remains an enigma where most unclean" Justus may have borrowed the expression " valescence in the the word Dr. which "the is to Dr. Ecker of course synonymous with the Christian Church, since the word is not at all used in the original text in connec But we must do justice to Dr. Ecker; he pos tion with this law! sesses a highly cunning method of polemizing; he displays ad mirable dexterity in securing for his comrade Dr. Justus an open back-door. Yes, indeed, Dr. Ecker is master of his art, he leaves far behind that so-called "Jewish method of polemizing," which has been according to the "Germania" revealed in this action. Heir Dr. Ecker makes notably the statement that Dr. Justus has Shulchan taken his law from the Aruch, their interpretations, how from somewhere This open admission else. ever, he has borrowed Dr. Justus has namely manifests the intention of false conception. or to use the borrowed that marked, language of Dr. Ecker, "poign expression from a place that has absolutely nothing in com mon with the law in question. Aboda Zara, i.e. idol worship, is termed in the Talmud the father of uncleanness: Abh hatumah, ant" which defiles by touch (Sabbath, Aboda Zara.) Now Dr. Justus Abh hathmah with Aboda Zara, idol worship, by resorts to the following stratagem; he renders "the most unclean," substitutes "Christian Church," then he fabricates a law under the label of the Shulchan Aruch which has never had any thing of the kind, and in the name of this firm sends it out into the wide world. Dr. Ecker, it is true, finds that such method of procedure is "poignant," but on the whole correct and to the point. What may criticism say on such an escapade? If a Jew had the mishap of venturing upon such a shaky ground, the whole stock of degrading names, such as rogue, rascal, impostor, misanthrope, etc., would not suffice to stigmatize so shameless a forger. Indeed it requires very little and still less or witchcraft to pick out phrases originality sagacity from places that stand in no relation to one another, and compile them with a view of criminating whomever it may be. Dr. Justus has done such a work, and a Catholic priest, a custodian of the church APPENDIX i3a who A. should adhere to truth, right and peace, has the impudence to work is in substance correct, though poignant because assert that this Church" should have been enclosed in parentheses; then the falsehood would turn to truth Can a theologian bear such false testimony, a priest who declares himself to be well versed in the Hebrew and hence competent to pass judgment on Rabbinical "Christian as if ! literature ? Let us now examine somewhat more closely the Hebrew con In default of a corresponding similarly express Tumah," cept, ive German word, one is of necessity prompted to render it with " Biblical and Rabbinical from the current notion unclean. The German "unclean" is synonymous with the dirt and filth, which is in no way the case with TumaJi. According to the Mosaic law, a human corpse is the very origin, the progenitor of all Tumah, Abhi aboth hatumah." In Dr. Ecker s German this could be styled "the most unclean." The tent, the room that shelters a corpse, with all the utensils therein, is permeated with the fluid In "unclean." "Tumah," reality, is toto ccelo however, the different " Tumah, uncleanness. Whoever lingers, sits or sleeps there, whoever touches the corpse, is infected with the Tumah and be comes in turn "Abh hatumah," the father of uncleanness, and he who touches the Abh hatumah is called Rishon let- of " timah," days altar. the first of uncleanness; from entering the He imparts Tumah lie is sanctuary or to prohibited for seven from him who may approaching the happen to touch him. here absolutely immaterial whether the corpse was, when alive, sheltering the divine spirit of Moses, of the crowned bard of the It is unparalleled psalm songster David, or of one of the lowliest in the Jewish nation. The assertion that the corpse of Moses, David, etc., Are the is the most unclean would be a sure symptom of insanity. two words Tumah and unclean congruent? The religious law of Tumah is laid down in theTorah without foundation at all, and be longs to those laws concerning which we venture to speculate, yet are unable to warrant their validity. Now, the Rabbis, eager to keep the Jews from following idolatry of those times, to prevent all contact therewith, were therefore teaching: "An idol defiles by touch; it is not allowed even for curing purposes." However, it was not the material part of the idol that was prohibited, such as the wood, the stone, the dust (for the use of all this was allowed in case of danger) but the prohibition is to be conceived of in the , If one were to whisper in the ear of a dangerously following sense. will in your behalf invoke the help of this or that sick person: "I idol," as such was really the case with Ben Dama, the nephew of APPENDIX R. Ismael (Aboda Zara, 27), that one is it is energetically warned A. 133 such a medicinal use of the idol Supposing now that against. the emblems of Christianity too are actually subsumed under the category of idols, which is by no means the case, supposing further that it is prohibited to seek recovery by their help, even then there of justifying a rationally thinking person in his would be no way attempting to refer such a prohibition to the Christian Church, or to go further yet, and assert that the latter is in the mind of the Jews unclean, or, according to Dr. Ecker, altogether the most unclean. As an illustration of how the Rabbinical school used to term Tumah, we quote an eloquent account of the Mishnah [lodaim, 4]: "The Sadducees were once deriding their antagonists, the Pharisees, as follows How amazingly absurd is your procedure in establish ing laws! the writings of Homer are not defiling while the sacred books of the Bible should be subject of defiling is it not the height of absurdity? Hereupon replied R. Johanan b. Zakai: You could adduce against us yet other analogous but more drastic facts; the bones of an ass are not defiling while those of the high-priest Johann Hyrcan do defile How would you solve this paradox ? Whereupon The position one holds the Sadducees answered: "This is obvious. when alive is in direct ratio with the uncleanness after death the more revered and beloved one was when alive, the more defiling : ; " ! ; Now you see, said R. Johanan b. Zakai, this speaks could turn the very same weapons unto ye! the profane writings of Homer that are not our favorite are indiffer ent to us, they do not defile; the sacred books which we revere is his corpse." as well as for us, I and love are subjects of defiling the hands that touch them! Now, if according to Dr. Ecker s and Justus s literary artifice, the Christian Church too belongs course," to the most unclean, is it not possible in the rabbinical sense to construe on the contrary "of a consecration, a proof of superior esteem for the church? Ye gentlemen Doctors, where is your wisdom? Artifices of this kind can be brought about only by a Dr. Justus, who impregnated with mali ce and J ew-hatred misuses ink and paper , , and scornfully defy the truth. And a consecrated priest, an academic teacher, stamps his approval upon his tricky work and in a sacred place where justice is being administered, whither he, credited agreeably to his sect and position, was summoned to con scientiously elucidate the truth, where he might have been made to confirm under oath the veracity of his conviction! Verily, Dr. Ecker has badly sinned, not only against the Jewish people, but to openly Germany! Is then book sealed with seven seals? also against Christian literature a in our age the Hebrew Are not there in Ger- i APPENDIX 34 also Christian savants A. who could detect this arbitrary pro source such a groundless absurdity? cedure, Would that he may perceive the opinion of the Christian professors, Delitzsch, Cassel, etc., expressed with reference to his expert opin many who could trace to its he would see then whether they regard his depositions as ac tually impartial, or as of a wholly different nature, he would learn ion, whether they agree with him in that the Christian Church too be longs of course to the most unclean! This is, honorable priest of the church, your impartiality, such is it prima facie! " I portant should like yet to touch here upon the point which was thought to be im pointed out that he has nowhere read in the when Herr Colleague Treu has To be sure, it is manifest Shulchan Aruch that Christians are worse than dogs. book is not the place to state that the Christians are worse than dogs but This sentence it is perverse to infer from here that Dr. Justus has falsified the text. that a law ; was namely brought forth as a foundation of law 31, where note that it is borrowed from the renowned exegete Rashi." We 3 remarks, however, do not know the passage attributed to Rashi. However, Let us quote such places of this nature are not rare in the Talmud. a passage. The question was. discussed, for whom it is allowed to prepare food on a holiday; in this connection it reads: "What causes you to exclude the Akum from, and to introduce the dogs into, The dogs depend on you in their food and rearing, there the law ? " " fore I treat of is them in the law, obliged to take care of him," Akum I exclude, for no one (Betza, 2ib). Rashi has surely but the Talmud, and Dr. Justus was dexterous enough to forge thereof a poisoned arrow and to direct But is here even a particle of in it as best it suits his instincts. and depreciation of an Akum or a Christian? sinuating contempt commented on such a place in the In the foregoing quotation the question is discussed as to the pre paring of food on such holidays that do not coincide with the Sab bath, which preparing is allowed only for such persons and animals that depend on others in their food. We refer yet the reader to our next observation. Another point was contended against by Herr Treu, in law 17, which treats of the case that the Jews pray when the plague rages in their midst, but not when the Here it reads further But they do (pray) when the plague is among animals. plague is among swine, as their intestines resembles those of man, likewise when the " : I agree with Herr Treu that in lieu of like plague is among Akum (Christians). wise should be the more so, and therewith the law loses its poignancy, but it looks suspicious with all the same that in one and the same line the Akum are coupled together swine." The Herr Privatdocent of the royal academy displayed masterly skill to excite his audience, Verily, also and to unbridle the passions we must make an extraordinary of hatred. effort to control our APPENDIX A. 135 The reasons, however, lie by no means in the agitated mind. affected depreciation of the human dignity in general, or of that of the Akum in particular, no matter who is meant thereby as ascer tained in the boundless ignorance of this theo by the Expert, but logical doctor, which is truly astonishing, nay startling. he asserts to have been studying Semitica for ten years! And yet David, the King of Israel, was considered by the older Rabbis, the high As est unattainable authority, the ideal of the Jewish people. and merits are concerned, they put him above the Patri archs Moses and Joshua, each of whom, they tell us, had his hands stained in one way or other, wherefore none of them was honored far as rank with saying the benediction over the goblet. David, however, was found wholly stainless, the goblet was predestined for him, and only he was allowed to grasp it and praise therewith the Omnipotent! This legend is to be found in Talmud (Pesachim, 119). But the very so highly revered David is somewhere else coupled together with dogs, and, in defiance of all shame and discretion, treated even worse than a dog in the sense of Justus and Ecker. It is namely recorded David died, and his son and successor to the throne, Solo mon had his messenger ask in the college as follows The remains of my royal father are exposed to the scorching sun rays, the dogs of same : : , my father s household are hungry and menace them, may I in view touch on the day of Sabbath the remains, and have them sheltered?" Hereupon came the answer: "First of all satisfy the of the dogs by having a carcass cut to them thereafter put hunger father s corpse a loaf of bread or a child, then you may upon your of all this ; have made it removed into the shade." Contemplating this, Solomon in his later years the utterance: better than the dead (Sabbath, 32). "Three lion." And more are insolent, Israel "Truly the living dog is Thus reads the legend in the Talmud own people the sages say: the nations, the dog among the yet; of their among animals, the cock among the birds (Betza, 25). Who would assert that in these passages David and Isreal are depreciated? This elementary point should not have escaped the consciousness of a " theologian trained in the Hebrew and Rabbinical literature, viz., that expressions of this kind were current among the law teachers of those days, without, however, any intention on their part to either elevate or degrade any one Again, we read in the Talmud (Pesach, ! rabbis taught, there are three who hate one another: the dogs, the cocks, and the sages." Others add yet the rival wo men, still others also the teachers at the Babylonian academies. 112): "The Well, Dr. Ecker, what would you say to this point? Could the sages find no better company than the dogs, cocks and rivals? And APPENDIX 136 A. again, are the Evangelists more moderate in their language? not Matthew also call the nations dogs and swine f (Mat., Where then on Does 6, 7). The patriarch Jacob for indignation? Their char his death-bed blesses his sons who surround him. here is room and defects he designates by animal forms which resemble. they Jehudah he calls a young lion, Naftali a bitch, Issachar an ass, Dan a serpent, Benjamin, his youngest favorite, acteristic merits a rending wolf. of Joseph, "a Moses, too, calls in his farewell blessing the tribe ox." Should these two reverend old men first-born have had the malicious intention, at the most serious moment when they were preparing to part with life, to revile and insult? Here is a point for Herr Dr. Ecker to meditate on! * 21. As we are lacking in time we requested the dean of this send us a copy of the curriculum with an admission card, to faculty so that we might arrive at the exact hour appointed for some lec No. Talmud and on theology which we saw announced programme to which we received the following letter tures on the the in : ; THE JEWISH THEOLOGICAL SEMINARY OF AMERICA. NEW YORK, January 5, 1903. Dear Sir: Your letter of the 2ist ult. is just before me. I have not yet been able to send you a copy of the curriculum, which I shall be very glad to do when it is printed. Whilst a weekly curriculum * We are convinced that many, yes, very many, offensive passages in the Tal mud are traceable to the Jews-Christians among the Rabbis. For a long time these Jews-Christians remained in close relations with their Jewish brethren, refrained from ostentatiously manifesting their belief in the their innermost selves they entertained messianism of Jesus ; however, in and nourished a more and more unfolding rancor against the teachings as well as against the authority of the law teachers, who would by means of all imaginable contrivances interfere with their clandestine plans to carry on propaganda for their idea. Jacob from Kefar Sekania and Jacob Minaah It (Megila, 23) are mentioned as such, and there must have been many of this class. is to these Jews-Christians that we attribute the authorship of some of the above-cited sentences that sound in a measure defamatory to the Rabbis. foregoing David legend may have originated in these circles. In like manner the Indeed, David was from being stainless he himself was conscious of it and expressed it in a peniten psalm to which we refer (Psalm 51). But as the pretended ancestor of Jesus the adherents of the latter surrounded him with dazzling though undeserved glory. (We, far ; tial in our new edition of the Talmud have omitted both legends concerning David, see are certain they are not to be ascribed to the Rabbis of the Talmud have omitted the whole saying but also our edition [Betza, 49] footnotes. as we ; We same reason.) In this, our pamphlet, from page 35 on, we explain where Akum is mentioned and what it signifies, not by suppositions and as it is written in the German language, we may refer the reader, Maelits, for the all the passages but by facts, who would like to know this, to them. APPENDIX A. 137 has been adopted for the year, some of its provisions are still under advisement, and I have not deemed it wise to put it in print. I have not at the moment any copy of the hours of the lectures either, nor do I really think it would be profitable for you to attend You realize, too, that the lecture, as you suggest. necessarily consist of young men, that practically every hour involves a certain amount of recitation, and that the students will feel awkward, or necessarily ill at ease, in the presence an occasional classes of must some one older than themselves. Yours very truly, S. SCHECHTER, President of the Faculty. Michael L. Rodkinson, Esq., No. 22. The Jewish Encyclopaedia is undoubtedly a monu mental work and most eminent scholars in both continents are taking part in it, and there a great many scientific articles which are and also many laymen are pleased by (True, that some reading a great deal of articles in every branch. articles though scientific would be better if omitted in the encyclo We refer to Dr. P. Mendus message to the Union Ortho paedia. instructive to the students dox congregations which took place recently.) However, because is a monumental work, we cannot restrain ourselves from re it marking that the editors should be more careful in their revision of In Appendix No. 8, we show that the bibliographies are not complete and now we will remark that the editors are not the articles. careful in their biographies. There is a short biographical sketch in Vol. I., p. 16, of Aaron Ha-Levi Ben Moses of Staroselye, who was our mother s father. In the American Hebrew, June 28, 1901, we have already remarked that his family name was Hurwitz, which he received from his ancestor, the famous Ishiah Halevi Hurivitz, known by the name Snee Luchoth Habrith," and this was Shelaw, the author of " omitted. We have then overlooked that his main and wonderful work, Sharee Haychud ve Haemuna" (Gates of the Unity (of God) and its Creed) is not mentioned. This great work has surprised not only the Cabbalists and Chasidim, but also the Maskilim like Sneier Zachs and Lazar Zwefel. The former mentioned it in his well" known vitz" it " Hathchia" and thus: "and the wonderful work by Aaron Huri Solom Al Israel," who speaks of Remarkable it is that in the length. the sketch is mentioned Rodkinson s Toldath so also the latter in his " enthusiastically and at bibliography of " APPENDIX 138 B. Amude Hachabad" and in this book his family name as well as the above-mentioned work with more particulars are to be found. By this we see that the editor of this subject did not care to look up the He should at least have bibliography at least to make it correct. Kneset Israel," in which the name and the books seen Funns are mentioned. All this concerns the incorrect biography. Should we count the omissions of the names of very great men, even only of Aaron and Abraham of all classes, who ought to be mentioned in the encyclo paedia, who played a great role in Israel, it would take too much space and time. A glance into our Biographic sammtlicher Rabbiner der Gouvernments Vollhynien, Podolien, Ukraine, Gross- u. " Klein-Polen und Galizien von Jahre 1695 1876), pp. 30-34, will convince the reader of APPENDIX bis 1876 (Konigsberg this. B. THE BELIEF OF SADDUAND OF THE REFORMED JEWS. CRITICISM TO CHAPTER VII (KARAITES). CEES, KARAITES, DR. MICHAEL L. RODKINSON. article about the The Karaites" in The American though in general I have found therein likely and probable things, I cannot forbear from calling your attention to several points on which, in my opinion, it behooves not a man like you to take a partial view, while presenting to the readers a historic account. It is the duty of every fair writer of history to give an account of the facts without any personal bias, and where there is a difference of opinion, with Sir Hebrew : " Having read your (23-24), out sufficient evidence for demonstrating the truth of any, then it is the duty of the historian to state as much, and if he is able to decide between them, he should give if not, he shall leave the task of deciding to some of the readers his opinion also ; who might be able, perhaps, to do so. But you have You have written (p. 685) that when Anan saw, what the head of our poets, R. not done so. etc., and have ignored, or are " Jehudah Halevi, wrote in his Cuzari," III., 65, that in the time of Jehudah b. Tabi and Simon b. Shetah Karaism com menced an account of what happened between the Sages and the King Janseus, etc., unaware of, see carefully that passage, you will find there that R. Jehudah Halevi admits that the And you ought to mention this fact. doctrine of the Karaites is an ancient one. So also I do not agree with you in what you say, that at present are found only For, in my opinion, the Reformers in Europe and 5,000 Karaites in the world. America must be regarded as Karaites, as they decided at their Congress at Rochester that they do not consider the Talmud as authoritative, and that only the Pentateuch 4 is the basis of their doctrines. If it is so, then they are evidently also Karaites. And some ceremonies they differ from the contemporary Karaites, for this reason we cannot separate them from them. You yourself enumerate sects among the Kanaites distinguished from each other in their ceremonies, and yet they all avow themselves if in to be Karaites. APPENDIX B. 139 what I have wanted to remark, and if you are conscientious, you will not to mislead the future generations who will read your history, and thereby you will insure yourself against critics, who condemn a whole book when they find in it one thing which is not quite right. This modify is this, Your obedient servant, ISAAC LEVI SHALIT. Answer. for your ingenious remarks, and for your love and eagerness to save me from unfair critics, I state at your desire what I have to say in reply, and what I have omitted in the With many thanks of truth article itself, viz. : be known that I am not writing the history of the Karaites, but that of the Talmud, and mention those who have con First let it tributed to its extension and diffusion, as well as those who perse had begun to develop till to-day. For this purpose it does not matter whether Karaites were an old or a new sect, from the time of Anan, as all admit that they persecuted the Talmud to the utmost. And I, who have beea obliged to give cuted it, from the time it briefly the history of the Karaites for the reason that they perse cuted the Talmud, used as authorities the latest historians who have treated this subject, as Pinsker, Graetz, Fiirst, Geiger and Gottlober, who have all decided that it was an invention of Anan himself. But out of respect to truth, I am bound to tell you that I was not unaware of, nor did I conceal, what is written about the Karaite For of this has the head of the reformed sect in the "Cuzari." rabbis, the learned scholar Holdheim, written long ago, in his book "Maamar Haishuth," as much as it is worth, and philosophized about the assertions in the "Chasar," but he also found that he had been mistaken in this (or that he was compelled to write this, for unknown I myself say, he wrote the Chasars were reported to also be Kara days in the form of a controversy be who book made his ites, and he Rabbi did a and not want to charge it with being a Karaite tween reasons to us at the present day; thus because in his new still but admitting one point, namely, that urged that there is no foundation for it). sect, it is And an old to sect, make he you, and those who entertain the same opinion, to cease to think that the reformers of the present time are Karaites," and also that the readers may know what the Karaites plead that the Karaite sect has been from the time of Moses, who was himself a Karaite, and the Rabbinical innovation dates from Jeroboam b. Nebat, we have only to quote from the above-mentioned book of Holdheim, p. 117, etc., and also what he wrote to refute their assertions, p. 122, and also what we will find to remark on his words. " ; APPENDIX 140 * It is B. known that according to the opinion of the and their tradition Karaites them identical with with of the the Pentateuch, the Together body Lord communicated to Moses an oral comment, and he communi cated to his contemporaries, who transmitted it to the succeeding When the people was split generations till the death of Solomon. into two parties, one adhered to Rehoboam, and the other followed selves in their books, their belief is the Pentateuch. Jeroboam, who sinned and led sin. The Karaites and burden, and accord yoke to them was all there that time ing only one Torah for the during whole people, as one God, and the text and its interpretation were inseparable and sprung from the same source, the father of the Karaites being Moses himself, the trusted pastor who carried all his people on his shoulders. As Jeroboam was one of those who had received the tradition transmitted from age to age as abovementioned, and one of the men of the Great Sanhedrin, fearing that the royal power should be recovered by David s dynasty, he in vented strange and spurious interpretations of the Torah to replace the good ones and true ones which the Sanhedrin had by tradition. He presented it to the people, whom he misled, and brought to evil. The nation believed him, followed in his footsteps, exchanged most commandments of the Torah for others, subtracted, added, at their Since then Israel was divided into two sects, and the pleasure. Torah became two rival and hostile Torahs. Judea kept the law according to the ancient custom received from Moses without any change, addition or subtraction, Karaism being the modern con tinuation thereof. Israel, on the other hand, observed the laws to the new manner, with alterations, additions and sub according tractions invented by Jeroboam, and Rabbinism is its continuation; named party into his their traditions the inherited later false prophets rose in Israel, and, claiming divine inspiration, misguided them, and even some of Judea, etc. But Judea, never continued to be the seat of the Mosaic tradition, as the theless, majority adhering most to the truth. However, as the Temple was demolished, most prophets, priests, Levites and Sanhedrin were slain, while those left alive were mostly of the sinners. Therefore at the restoration of the second Temple, even while there still were who are called the "good there were two sects and two separate Torahs. After the cessation of prophetic inspiration this split grew and widened. The party holding by the truth said the Torah was only that one written by Moses and given to Israel the party believing in the falsehood said there were two Torahs, prophets, figs," ; * Translated almost verbatim from Mamar Haishuth. APPENDIX B. 141 written and oral, invented by Jeroboam and the false prophets, and which they also referred to Moses, who received it (according to them) from the Lord. Thus it continued till the time of Matthew, Hasmonean (Maccabee), when Antiochus the the Wicked, wishing to suppress altogether the Jewish lore, in which time of calamities all great sages of the Sanhedrin who had the true tradition of the comment and the Torah were then transmitted, was comment and now all murdered, and the tradition the Torah was lost tesimal fraction being left. and the greater part and forgotton, only an severed, till of the infini This fact took place in the year 3560 after creation. As Matthew triumphed, and peace was restored in the land, the of intellect sat down to learn the Torah and understand it with the aid of their reason. But owing to its great depth, they could not comprehend it, and many diverse opinions existed. Thus the differences between sects, Karaite as well as Rabbinical, arose, and men persist to these days. The quarrel between the two sects grew in violence till the time and high-priest Janeus was reached, and something happened between the sages and him, as is well known, so that he massacred all the sages in his anger, and none remained except one great man of each sect, Jehudah b. Tabai, who held the truth, and Simeon b. Shetah, drawn after the false doctrine of Jeroboam b. Nebat and the false prophets. The king, wishing to kill both, Jehudah b. Tabai hid in Jerusalem, and Simeon b. Shetah was the of the king s brother, who facilitated his escape to Egypt, where he stayed three years; being there, he learned from the Israelite sages found there since the destruction of the first Temple, and the days queen of Jeremiah, all the strange comments invented by Jeroboam and the false prophets. Simeon b. Shetah added thereto some of his own, and built there a great temple and sacrificed there, though was not the chosen place; and after his return to Jerusalem he wanted to be a great lord in Israel, and taught, therefore, the people what he had acquired in Egypt, as the oral law communicated to Moses, and transmitted by him; and, because he was the king s brother-in-law and had much influence at the court, his false doc trines became popular among Israel, who received the false Torah it instead of the true one. After that Israel was divided into two parties, and the quarrel also in the Sanhedrin, the heads of the nation, and heirs commenced and teachers of the Torah. One sect went after R. Jehudah b. Tabai and was called Sadducees (Zadikim) (Upright), from the phrase "hearken unto me, ye that pursue righteousness" (Zadik) APPENDIX 142 B. and their justice is everlasting justice, and their Torah Karaism is a continuation thereof. The second sect fol lowed Simeon b. Shetah, and were called Pharisees (Parushim), separatists, for separating themselves from the old faith of Israel. This state of things continued from 3650 after creation, from the [Is. is li., i.J, truth; time of Jehudah b. Tabai, till the ruin of the second Temple, year At that epoch, the majority of the Sadducees were slain, 3828. but the Pharisees mostly survived, for which there were two causes: first, because those of the Sadducaic party were the political and warlike men, while the Pharisees were humble and were students; secondly, because the Sadducees were stricter in observing the their conduct was of much holiness and purity, and had they were to be exiled, being an unclean earth, and with out water for removing the uncleanness, they could not keep the law as it ought to be; therefore they were martyrs, choosing to be duties, and seen that if murdered rather than live, and all were killed for the sanctification of the Lord. Put the Pharisees who were not strict, and were not afraid of the ruin of the Temple or exile, and chose life rather than death, and went out to Titus, the Wicked, and, surrendering, were all left alive. Therefore, after the ruin of the Temple the Pharisees rose in power, whereas the Sadducees declined. Thus it continued till R. Jehudah the Nassi, the editor of the Mishna. He collected comments, good and bad, true and false, ancient and recent, all together; he wrote them down in a book without making distinc tions between the sacred and profane, unclean and clean he decided all ; and declared that they are This occurred in 3945. After the conclusion of the Mishna, rose up those who composed the Palestinian and Babylonian Talmuds, and from that time on all Sinaic. the quarrel grew in force, and the hate, rivalry and jealousy grew between the two sects, the Sadducees and Pharisees. For the Sadducees held the true Torah, written by Moses our teacher, and comments that have been left from many; but the Pharisees abandoned the written Torah and ignored it as of subor those few true dinate importance, and clung to the oral law, that is, the Mishna and the Talmud, making it the thing of the first importance, saying that tradition will be victorious. the written law has one who They said every one who studies only partially his obligations, but every studies Mishna or Talmud he has completely discharged fulfilled his obligations; every one who trangresses the written pable of stripes, who transgresses the words of the sages law is is cul guilty of capital punishment, and that one should not object even if they say to you of the right that it is the left, and of the left that it is the Thus it continued to be till right and similar erroneous teachings. APPENDIX the time of Anan B. 143 the Nassi, the Holy and the Saint, the son of David the Nassi, in the year 4400 after the creation. Anan * lived in Babylonia and was of the Sadducees, and for his great wisdom Israel, Sadducees as well as Pharisees, chose him as Nassi, as the head of Beth Din and Exilarch. After his instalment as Nassi and head of Beth Din by the sanction of the Arabian monarch, and the will of all Israel, he became zealous for God and his Torah, and wished to restore it to its primitive purity he commenced to plead ; against the oral law, i.e., the Mishna, and deny and declare it as nought. When the Pharisaic sect perceived all this, they rose upon him and devised stratagems to kill him. But out of fear of the king, they did not lay their hands on him, but denounced him to the king that he had rebelled against the law of the government, but the king pitied him and saved him from them, and so he was left alive. When Anan perceived that the Pharisees did not want to return to the truth, he was disgusted with being a Nassi, left his house and pos sessions in Babylonia, and departed with his sons and disciples to Jerusalem, the Sacred City. He built there a synagogue, "The Temple of God," to pray and to weep morning, noon and evening; and perceiving that the Pharisees were increasing, and that the Sadducees decreased, and fearing lest the true Torah be forgotten entirely, and lest the Sadducees be absorbed in time by the Phari sees, he commanded his disciples, friends and acquaintances, to keep themselves apart from the sect of the Pharisees wholly and with the utmost possible strictness. He forbade them to eat their foods, for they are not careful about all kinds of uncleanness, and eat carcasses and tallow prohibited by the Torah. So also he for bade them to intermarry with them, because they had trespassed And Anan interpreted the Torah and commandments according to the true comment, as he had re ceived it from his fathers and masters by tradition, who belonged to the sect of Sadducees, continuing from the oldest times; and as the whole Sadducean doctrine is founded on the text of the Holy Scriptures, Pentateuch, Prophets and Hagiographas, therefore Anan the Nassi called the Sadducean sect "Karaites," (Karaim), that is, who are called and go in their simplicity. (Ba ale Mikre): and as the whole object of the Pharisees was to pursue high positions and lordliness, and also because they are many in comparison with the the barriers of consanguinity. * known make Anan s life date 100 years earlier than Kerem Chemed," p. 203, has L. Rapoport, in his explained and proved their mistake, from the testimony of Sherira the Gaon, and It is well in reality, the " i.e., Book the Gaon, of 4400. that the Karaites But by Abraham b. David, Gaon from 4516 to 4529^. Tradition," who was a " S. that Anan rose in the age of Jehudu i APPENDIX 44 B. few Karaites, he called them "Rabbanim," the adherents of the Mishna and Talmud. . This is (lords, . many), that is, . the opinion of the Karaites themselves about their his tory, and that every one who wishes to know and understand all the errors of the Rabbis (according to them), should see the Book of God s Wars, ("Sepher Milhamoth Adonai"), by Salman b. Jerucham, and the Admonitory letter ("Igereth Hatochachath"), by Sahal Hakohen, and "Eshkol Hakopher," by Jehudah Hadasi Haabel (the Mourner), he called himself thus for mourning, and hem Sheorim," by R.Solomon the Turk, Apiryon Asah,"and also the "Asara Maamaroth," of Elijah the Jerusalemite, and the " "L Amuna Omen" by Abraham b. Joshua the Jerusalemite, all which books are written to refute the false Rabbinical laws and of the Rabbinical sages after Anan they say that when they saw that the plain and just truth is evidently on the side of the Sadducees, they invented about them calumnies, that they were Sadducees and Bithusiaus followers of Zaduk and Bithus, the infidels, and their glory they confounded with shame by conscious falsehood for whereas they had been called Tzadikim from ancient times, " ; they altered their name to Tzadukim (Sadducees, Zadukim), fol lowers of Tsaduk, etc., etc." ... * Here we have given to the reader what we have briefly quoted so far as needful for our purpose, and to spare much of our own discussion by citing the words of another. From "Orah Tzadikim" treating of the split between the Karaites and Rabbis, written by the scholarly rabbi, Sim ha Isaac of Lutzki in 5516. And we, desiring to call the attention of scholars and thinkers to the affirmations of the Karaites themselves about their ancient history, both their charges against us and their justifications of themselves, have abridged their statements, for it is our duty to hear what they say for themselves, and try to separate the truths from the falsehoods as impartial judges, not as advocates. And, before all, I say, the man is dreaming who speaks that the difference between the Karaites and Rabbis began in the time of Rehoboam the son of Solomon, and of Jeroboam, the son of Nebat, when Israel revolted against David s dynasty. And if the Rabbis ; make such a senseless assertion, that the rebels against dynasty were the same that the Karaites are, beyond doubt the Karaites would say that they pervert the words of the living were to David s God and deny what is away the people from * written in the Prophets, that Jeroboam led the worship of the true God who had pro- Page 122, Holdheim s opinion. APPENDIX B. 145 them *rom the times of Egypt till then, to serve golden calves which he had made, and made a festival in a wrong month which he invented that the people should not go to celebrate the holidays at Jerusalem, and the royalty not be restored to David s house. The Karaites state here a strange fiction, which is ridiculed by every tected one who has any knowledge of books. Besides that, any one who has eyes to see, ears to hear, and a palate to taste, that which is written in the Scriptures, is aware that during all the time of the prophets till the exile of Israel and Judea from their land and captivity in the land of their enemies, the quar rel between the parties was not about the interpretation of the Torah, or about the reasons of the commandments, but about the Torah itself, between those who knew it and those who did not know it, between the worshippers of the true God and the idolaters. The prophets of the true God, and the best element of the people who followed them, have served God and loved him, and were his true servants, adhered to him and observed his commandments and his law. But the king and the common people devoted themselves to drink, to idolatry, adultery, and other uncleanness of the other nations of their time. And author of the "Orach Zadikim," as well as the he quotes, have not adhered to the truth but in dulged in falsehoods, by fixing the beginning of this quarrel at And if the author a time which it was impossible to have begun. and his co-religionists fully believe that the present Pentateuch was known to and in the possession of the names in the days of writers truly, the whom David and Solomon, Rehoboam and Jeroboam, and that, to gether with the written Torah and its commentaries it was in the possession of the Sanhedrin and the members of the great and small Beth Din of those days, as the same belief was entertained by the Pharisees from the written Torah and its commentaries, we will not plead with them to question or reflect upon this be lief, and state from the investigations of the modern as well as the ancient critics, that the Pentateuch was at that time of recent date and no one knew of it because it had been written only in the days of Solomon, and no one had seen it, for it would be unfair to refute a warranted belief on one hand by a total denial on the other. But we will argue from the standpoint of the Ka raites themselves, who adhere to the text and deny the commen taries which are conflicting with the ordinary interpretation of the For they themselves have interpreted the Scripture Scripture. wrongly, and ascribed to it a meaning which has never been in tended, by stating that the quarrel between Israel and Judea, 10 1 APPENDIX 46 B. Jeroboam and Rehoboam, has caused a quarrel, in no way or manner resembling it, between the Karaites and the Rabbis regarding the interpretation of the Scripture. This is one of those falsehoods which have absolutely no foundation what ever, and are shunned by those who are able to distinguish be tween truth and falsehood. The statement that the difference between the Karaites and Rabbis dates from the time the difference between Jehudah b. Tabai and Simeon b. Shetah broke out, etc., is nothing but a net or between spread out by the Karaites to catch therein the people of Israel, etc. But it is up to date not known who is the author of this statement and who circulated it among the Karaites that they might make it the foundation of their structure, which founda tion, if demolished, would cause the ruin of the whole structure. There is no doubt in our mind that the Karaites have borrowed this statement from the Pharisees when endeavoring to separate from the Sadducees, whom they also considered as infidels, and to erect a new edifice for themselves, for the Pharisees also con sider Simeon b. Shetah to have restored the Torah to her old "The world was glory, as they state in the mentioned Boraitha: embarrassed until Simeon b. Shetah appeared and restored the Torah to her former state." And here they found an opportunity to use the Pharisees arguments against them. The Pharisees say that after the massacre of the sages and those learned in the tra ditional law by Johanan Hyrcanus, the oral law was forgotten in Israel till Simeon b. Shetah came and restored it. By oral law is meant that traditional comment on the Torah as it was after ward written down and concluded by R. Jehudah the Nasi and his successors in the Mishna and Talmud against which the Ka raites protest. Now, the difference between restoration and inno vation is insignificant, and what the Pharisees and Rabbis term restoration the Karaites name innovation, and maintain that Simeon b. Shetah made a new law, that is the oral law which was unknown previously, and had not descended to them from their forefathers: and from this new law a new quarrel sprung forth among those who believed in tradition, which quarrel has no connection what ever with the old controversy between the disciples of Sadduk and Bithus, the infidels, and the Josees, the believers, on whom all Israel leant. As for the statement of the Karaites belief dates only above mentioned that their of the second Temple, etc., and that to light again, after it had disappeared, the from the time Anan brought it same was very ably criticised by the scholarly rabbi, S. J. Rapa- APPENDIX B. 147 port ("Kerem Hemed," p. 200), by laying out his own plan for the investigation of the causes of the Karaite history; he says, namely: "The activity of Anan was not isolated in its kind, but it was only a link in the chain of the history of the nations For there existed religious differences among the of those days. Arabians, some holding only the Koran and what Mahomet com municated to his son-in-law Eli, and who are known as the Shitin; while some held the traditions communicated wife and son-in-law, known And as the his and many sons, by Mahomet, who disciples, his are Shonin." seems that this religious quarrel has, to our shame, in fected the Jews; Anan and Saul, his sons, tried to establish a new sect in Israel similar to the Shitin, for they thought that the Arabian high officers would assist them, for they would be at one with them in taking for the basis of their belief only what is written And how many times have in the text, and to deny tradition. religious movements, similar to those, taken place among the nations among which we live, even in our own times. Having thus laid before the reader the views of the Karaites themselves, i.e., of those later Karaites who endeavored to justify Anan for his complete separation from the Rabbanism, although Anan himself was very far from doing so, as can easily be seen by every one who has some sense of his own, from the statement it prepare you a Mishnaand Talmud myself (vide supra, p. 27), and also some of the opinions of the scholars Holdheim and Rapaport, we wish to submit our own opinion of Anan: "And I will ," in regard to this matter. In our judgment they all erred in making the following two assertions, viz: that the Sadducees did not believe in retribution come; and that the Talmudists had no knowledge naming itself, or which was named by others, Karaites. in the world to of a sect The error in making these assertions caused fetched inferences and to write a number them draw to of articles, which far will not stand any proper criticism. For Holdheim, in refuting upon the assertion of the Karaites that their sect was founded in the b. Tobai, fixes their origin at a much prior date, that the Sadducees and Karaites are one and the same by stating and that the latter name was adopted by them at a later sect, days of Jehudah Talmud they were known by the former name, and that accounts for not finding the name Karaites in the Talmud, (see at length, ibid., p. 25), basing his assertions date, but at the time of the on Maimonidus and Abraham assertions may b. David of Paskira. be found in Rapaport, although he Some of these tries to recon- APPENDIX 148 B. both sides. And because the Karaites differed from the Sadducees in that the latter did not believe in resurrection, and, according to him, also not in retribution after death, Holdheim cile asserts that the Karaites, who are the same as the Sadducees, have adopted that belief only at a later date, when that belief has already been adopted by all other nations and religions. And coming to such conclusion he justifies the Sadducees and their views, and gives them preference over the Rabbanism and their views, which constitutes almost the whole subject of his book. But we will prove his error, and therefore most of his as sertions will prove of no value, and the Talmudists and their views and teachings will remain true and everlasting. But before attempting to explain ourselves in more detail we feel it our duty to say a few words in regard to Resurrection, which is the basis of the whole contention between the scholars above mentioned and the sects themselves. The first Mishna in Chapt. Halek (Sanhedrin) reads: "The fol lowing have no share in the world to come the one who says the Resurrection does not originate from the Pentateuch," which is he who does not believe in explained by Rashi as follows: the inferences drawn later on in the German that resurrection orig inates from the Bible and even if he does believe in resurrection, but says that it does not originate from the Pentateuch, he is an infidel, for if he does not believe in its origin from the Bible what do we care for him or his belief? Wherefrom does he know that : "i.e., ; so it is ? He is, therefore, a perfect infidel." And although some doubt whether these quoted words came from the pen of Rashi, because it was not Rashi s way to enter into lengthy ex planations, still all concede that it expresses the true meaning of the Mishna. Now, if we will take the true intent of the Talmudists, that although one believes in resurrection he is an infidel, if he does not believe that its origin is from the Pentateuch, we will at once conceive that all it nations and when the latter belief began to circulate among among the masses of Israel to such an extent that was considered an essential element of the belief in God, and that any religion which did not consider it one of its dogmas, was not worthy of being ranked as a religion at all, the Talmudists from the Pentateuch borrowed it from that source, in order to refute those who asserted that its origin was in the New Testament and, therefore, the latter was the principal re ligion and the former ceased to exist. endeavored to prove the origin of and that other nations and this belief religions APPENDIX We B. 149 now take up another Mishna in Tract Berachoth, p. 540: the Sadducees have perversely taught that there is only one state of existence, it was ordained that it shall be pronounced: will "Since From which Rashi explains, i.e., "that Eternity to Eternity, they denied resurrection." Rashi again diverts the Mishna from its plain meaning, that the Sadducees did not admit the existence " i.e., retribution after the soul separates from the body, and limited their disbelief to resurrection only; (and that the meaning of "perversely taught" means that they per of the world to come, verted from their own opinions and taught the masses that belief) the perversion of the Sadducees consisted, . It is self-evident that according to Rashi, only in denying the inferences drawn to es tablish the origin of resurrection in the Pentateuch. But from the dispute of the Sadducees with the founder of the Christian religion, or with his disciples, and from the derisive question, whom of them a widow of seven brothers will marry after resur which is quoted in the work of Azariah Di Rossi, we can easily see that the Sadducees did not believe in resurrection rection," at all. If we will examine carefully the interpretations of the Tal- mudists in desiring to find a hint for resurrection in the Pentateuch, and that they did not infer it from the plain statement (Deutr. xxxii. 39): "/ alone kill and I make alive; I wound and I heal," which, on every occasion they explained to mean "as the healing follows the wound, so also does life follow death (see Ben Ezra), but resorted to far-fetched interpretations instead, we will clearly see that the Talmudists did not wish to state that resurrection is " expressly stated in the Pentateuch, for in such case they would, of necessity, have to admit that this belief was known and cir culating at the time the Pentateuch was given. They only wanted to find some slight reference to it in the Pentateuch, and were of the opinion that the belief in resurrection was known only to a limited number of select men, but not to the masses, from whom it was kept secret, for fear that "familiar spirits" and "wizards" they might as well believe in ("Ob and Yaduni "), or in "in But only after this belief has been bor quiring of the dead." rowed from the neighboring nations and has been adopted by the masses, the Talmudists found it necessary to find some source it in the Pentateuch in order to strengthen the latter, although not explicitly stated therein. It follows from all this that at the time the Mosaic Law was proclaimed, that belief was not only not obligatory, but on the for contrary every effort was made to keep it from the masses, and, APPENDIX 150 therefore, B. no promises were made as to resurrection, but only as and tranquillity during life-time. to longevity When, however, the founder of Christianity made this belief one of its dogmas and minimized the Old Testament, the Talmudists made it obligatory to believe that its source is in the Pentateuch. And the Sadducees who rejected this belief at all were considered as disbelievers. But we find nowhere that the Sadducees ever denied the im mortality of the soul or that they ever denied the belief in retri bution after death, for according to all opinions the Sadducees were not the disciples of Autigonus of Socho, Zaduck and Bithus, who, according to a statement in Aboth d Rabbi Nathan, rejected the belief in retribution. The name Sadducees, as we have said in the beginning of this article, had its origin from Zaduck the Or, perhaps, high priest of David, according to Geiger s opinion. Holdheim s opinion is the correct one, viz. that in the beginning : Zadikim," as Simon the high priest was they were surnamed surnamed the Zadik. Neither do we find anywhere that the Sadducees repulsed the statement of the Talmudists, to wit: "In order that thy days may be prolonged (Deutr. v. 16), that means in the world to " " " " come which is prolonged (endless), and as the simple proof, if one say to his son: "go up on the roof and examine the bird s nest, and take the young ones, and send away the mother, in both of which (sending away the mother and honoring the father) longev ity is the promised compensation in the Pentateuch; and the son in doing so fell and was killed; how can the promise be fulfilled? We must, therefore, say that the promised longevity has reference Nor is it anywhere found that the Saddu after death." cees refuted the statement of the Talmudists: That person shall be cut off (Numb. xv. 31); that it means, he should be cut off from this world as well as from the world to come." The assertion of those who consider themselves competent to make it, that there is no basis in the Pentateuch for the immor tality of the soul, is not correct, for besides the many plain pas sages indicating that, the same can also be established from the necessity of the marrying the widow of the deceased childless brother, for if the soul is mortal what is the benefit of "raising to life " " " So, also, greatly err those who, from a draw contrary conclusion, i.e., by asserting very passage, that because the soul dies together with the body the Pentateuch commanded that decedent s name be raised up if he die childless, up the deceased s name?" this for if the soul dies as does the body, why all that trouble of mar- APPENDIX B. 151 rying the widow, or the ceremony of the "Chalitza," and spitting out before the one who refuses to marry the widow of his deceased childless brother, as commanded by derives no benefit therefrom, in all that either for the why the Pentateuch? all There that? dead or for the living, and If is it is the soul no honor very well that this custom of raising up the name of the deceased on his estates was known and observed in ancient times, and the family that did not observe this custom incurred disrespect. known Thus far as to the Pentateuch, but as regards the prophets or Hygiogropha only a blind man can fail to find in them retribution and immortality Isaiah full is The whole book of the soul after death. of that, and (Isa. Ivi. it of says plainly 4-5): concerning the eunuchs (those who die childless) I will indeed give unto them, in my house and within my walls, a place and a name better than sons and daughters, an And not to mention eternal name they shall not be cut thus saith "For Lord the off." about the early and the later Hygiogropha will not abandon had "Unless I Land life." "His of my land." "Thou also (ibid, xxvii. 13): grave," believed to see the goodness of the Lord in the And it is also explicitly stated, (ibid. xxv. send shall abide in happiness; herit the (Ps., xvi. 10): and soul to the Now, how can it and 13): his descendants shall in enter the mind that the Saddu- who, according to Holdheim, are the Karaites, whose only endeavor was to give the whole Scripture, not only the Pentateuch, the illiteral meaning of the words will deviate from the literal cees, meaning, and explain all those passages as referring only to this earthly life? We can also see from the fact that the Sadducees were more strict as to purification than the Pharisees in going as far as saying that profane writings (the book of Homer) make the hands unclean, to such an extent that if they touch Terumah the latter must not be eaten; that they believed in immortality which they considered to such an extent clean that they not tolerate the least uncleanliness in a sacred thing. And of the soul, will how much did the Sadducees sacrifice themselves in order to pre vent the enemy from defiling the sanctuary? How much did they sacrifice themselves for the sake of the Holy name (QS^n^TT p). which no one who does not believe in immortality would But Holdheim seems to advance a strange assertion, viz., that the Sadducees believed in immortality of the soul and neverthe less denied retribution, which we can by no means understand, be do? cause what is the benefit of immortality if there is no retribution? If all are equal and alike after death, the righteous and the wicked, the wise and the fool? (The philosophy of Aristotle concedes APPENDIX 152 B. at least that the soul of the righteous unite with after death, but according to Holdheim there is absolutely no It is true preference to the human soul over that of the animal) . we heard some few years ago (in 1885) in Leipsic, at a meet of spiritualists, in company of the late Dr. Mandelkern, a profes ing that sor, state in his lecture that the spirit of a certain man who, during was one of the easy-minded, rested upon his shoulders for about two weeks, and that he was then of the same disposition as before death, and from this he drew the conclusion that the soul remains the same after death, in the spiritual world, as during the lifetime, but we hardly believe Holdheim ever entertained this belief, which is contrary to common sense, and still more, his lifetime he endeavors to make his beloved Sadducees entertain such belief. opinion that the whole contention between the Sadducees and Pharisees was originally over political affairs, the Dr. Geiger s former struggling to have the control over such affairs, because of their descent from prominent families, and the latter not de siring to submit, and from this the contention extended to civil and religious matters; the Pharisees being extremely faithful to their traditions saw in everything the Sadducees differed from them, a denial in tradition; also supported by history. H. Weiss in his work "Dor seems to be more correct, as being The same theory is followed by I. Dor V dorshow," who proves con clusively that the Pharisees always laid down their decisions in direct opposition to that of the Sadducees in order to prevent In fact, we see the masses from joining the ranks of the latter. that the differences between the two sects, mentioned in the Tal minor things which have very little to do with We also have proved at the end of Tract Sab religious dogmas. bath of our new edition, from page 381 on, that all the eighteen precautionary measures adopted by the Pharisees at the attic of mud, were as to Hananiah, were directed against the priests who mostly belonged to the Sadducees. We do not mean to rebuke the Pharisees for having acted thus, they did so of necessity, because the Sadducees endeavored to transplant Hellenism into the Hebrew religion in such a manner that it should not be noticed, and in order to guard against this they opposed the decisions of the Sadducees even when the latter were for not contrary to the true teachings of the Torah, for (Ps. cxix. It is time to act for the Lord: they have broken thy law." 126): " It is very probable that because the belief in resurrection was so deeply rooted among the masses, because it is very natural that one should desire to meet again his relatives alive after they APPENDIX had once died, B. and the Sadducees have opposed 153 this belief and the Pharisees assigned so much importance to it and endeavored to find some source for it in the Scripture, in order to ridiculed it, prevent the names from adhering to the teachings of the Sad ducees and thereby preventing the transplanting of Hellenism into the Hebrew faith, although in the very beginning of its de was kept secret from the masses. The result of what has been stated is that the Sadducees as well as the Pharisees, have expounded the Scripture according to tradition and have believed in the immortality of the soul and And the animosity of those two sects retribution after death. grew from the desire of each of them to have the control over Therefore, when the Pharisees in the end political affairs. gained the overhand, the first thing for Simeon b. Shetah to do was to remove the Sadducees from the Sanhedrin, in which he was very successful. But after the quarrel was carried on for several centuries, and almost during the whole time of the ex istence of the second Temple, and during that time more than once the danger was imminent that the teachings of the Pharisees should be swallowed up by Hellenism, and especially so during the time of Johanan the high priest and king, during whose reign the Pharisees were executed by the hundreds, and many emi grated to Egypt and Babylonia, the animosity and hatred as sumed such proportions that the name "Sadducee" alone was contemptible. Still more, when after the Pharisees had already been successful they were compelled to have public debates with them in religious matters, for their teachings have been deeply rooted among the masses and could not easily be rooted out. This animosity assumed still greater proportions when Chris velopment this belief began to develop; for the latter has confirmed many of the teachings of the Sadducees, although not directly still indi rectly, and has opposed those of the Pharisees, although they tianity did not differ to a considerable extent from the latter in religious matters and principles, the masses adhering to the teachings of the Pharisees, have greatly despised the Sadducees, and consid ered them infidels and disbelievers in retribution and immortality of the soul, and in the appearing of a personal Messiah from the houses of David and Joseph, which belief has been circulating among the masses during the last days of existence of the second Temple, and they endeavored, with all their might, to obliterate Those few Sadducees who lived after the de their teachings. struction of the second Temple gathered up all the courage they could and entered into public debates with R. Johanan b. Zakkai, APPENDIX 154 B. but seeing that their hope was forlorn, and that they rise again, they gave up the battle pub did not renounce their beliefs, or abandon licly, although they their hatred, and tried to continue the same against the teachings of the Pharisees secretly. At least, during the second century we hear nothing of them publicly. Now we will stop for a moment to see who the Karaite sect was. There is no doubt that there existed a sect by this name in the days of the Talmudists, for they are mentioned several times in the Talmud under the name "Adherers to the Scripture," (fcOpD^D)* and in one place it is plainly stated "the Ka raites added" (Pesachim, p. 117; our edition, p. 246, see foot note 3). Neither is there any doubt that they were not favored R. Jose, etc., would not be able to by the Talmudists, as we find in many places in the Talmud re marks reflecting on them, as f.i.: "They who occupy themselves with the study of Scripture are not to be blamed, but, on the other hand, not to be praised (Baba Metzia, 79), and in Hagiga, a man goes out from the study it states plainly; Rabb said: " "If Mishna to read the verses of the Bible, this man can have no more peace." And there is no doubt that many similar re marks found in the Talmud have reference to this sect. But we can not, with exactness, fix the time when and to what extent of the this sect openly declared against the teachings of the Talmudists. However, we do not hesitate for one moment to state that during all that time this sect has brooded an intense hatred to every Is who has not followed them, although at times they were raelite compelled to conceal their hatred. One penetrating glance into the history of the Samaritans and into that of the Karaites one penetrating glance into the literature ; of the former and into that of the latter; the curses pronounced both of those sects by against the followers of the Rabbanism; the beliefs and principles common to the religion of both (although differing slightly ceremonially), will suffice to induce one to agree with us that the Karaites, whose sect was established in the days of Anan, and a few of whom are living in our own time, have not only borrowed from the Samaritans their teachings, but that the Karaites are the former Samaritans and that even up to date they have changed slightly only in their outward appearance and in name, but not intrinsically. From the whole sect we will pick out only Anan, who descended from the family of the Exilarch, who came from the house of David (and perhaps was his mother or grandmother of Samaritan descent), and who, from jealously having scorned and despised APPENDIX B. 155 had gathered the remainder of the Sa changed their name and tendency, had ago long become their chief to fight their battles and to separate completely from the house of Israel, for he could afford doing so, being a de scendant from a prominent family. But we do not in the least intimate that Anan founded a new sect with new principles. the traditional teachings, maritans, who had This, our present view, is we do not not unfounded, but is based on his anywhere in history any such intense, unchangeable, everlasting and unfounded hatred as that of the Samaritans and Karaites toward the house of Israel. torical facts, for find Whenever we find in history that any ill-feelings or hatred two nations it is easy to find the reason for such or hatred; it was either the craving for subjugation of existed between feelings foreign countries, or the desire to reign supreme over others, or, in very ancient times also the desire to prove the supremacy of one nation s idols over those of the other, and many other rea sons, which provoked one nation to go to war with another and But we find no such reason to take vengeance of one another. for the hatred of the Samaritans toward the house of Israel, yet when the latter returned from Babylonia and intended to build the Temple, no plausible reason can be found for the endeavor ing of the Samaritans to mislead the Israelites whenever they tried to establish the new moon. (See Rosh Hashana, Chap. II., our Hebrew Neither can there be as edition, p. 25; English, p. 38.) signed a reason for the custom of the Samaritans to pronounce curses over Ezra the Scribe, at the time of the opening of the ark of scrolls every Sabbath, which prevails up to date. (See our "The Pentateuch, its Character," etc., as well as for many other things which the reader may find in the Talmud and Apokrypha, and in History of the Jews, which, if quoted here would occupy a full volume.) In a word, there can be found no substantial reason or ground for these things, except that they blindly hated the house of Israel. Neither do we find any reason for the slandering Graetz s and reviling by the Karaites of the Rabbanism in general, and of Rabh Saadiah Gaon in particular, nor for all the false accusa tions and malicious charges and denunciations against the Rab banism contained in the extensive literature of the Karaites. History shows us that nations who hated each other to the extreme have in course of time laid the weapons aside and made up. History records numerous instances, that sects between whom differences existed, and which even reached such a degree that they resulted in actual fight, have in course of time become reconciled and associated with each other, and intermarried, and the former APPENDIX 156 B. hatred and quarrels were wholly forgotten. We will not cite as an example the Beth Shammai and the Beth Hillel, who, although widely differing from each other in their opinions, still intermarried, as found in the Talmud; but even the Sadducees and the Phari sees, did they there decline to eat and drink with each other, or inter marry? We do not find that anywhere.* The Samaritans, how ever, and Karaites are singular instances in this respect in history. Although most of them have already intermingled with other na tions, not a single instance can be pointed out that they have intermarried with an Israelite or have partaken of his food or drink. The and toleration of the Pharisees The known. Beth of their teachings is well have done all that lay power to bring them into the house of Israel: they cred ited them in regard to purification; they permitted them to be counted in the number of three for the benediction over the meal an ^ in the number of ten for prayer in the prayer house disciples of the Hillel in their an d in PJO wanted to consider them f ac t, as Is raelites for all purposes, but their animosity and trickery increased to such an extent that they could no more be tolerated, and there fore, the leaders of Israel were compelled to regard them in all and prohibited their bread, wine, and oil. Exactly the same thing happened with the Karaites whom the Rabbanism endeavored, with all their might, to draw near them and debate with them, until they convinced themselves that their hatred toward Israel is so great that they said ^ D^^pri respects as idolaters, 1 "H" Q/IJ?;? pnfc$nD" raites will ( tne ren ts wm never be sewed together), never make up with " us," "the Ka and they are up to date regarded as idolators. We know well that we are too brief in this article and that we ought to adduce at length all the facts to prove that all that the Samaritans and Karaites have done unto Israel was not to derive any benefit therefrom, or with a view of subduing them, for they * An example may last century when a new sect (Chasidini) es greatest authority, at least in Russia and Poland, Eliah Wilner Gaon" in conjunction with all the Rabbis, excommuni tablished themselves. " be given of the The Wilna, called the cated the whole sect, prohibited their eatings and beverages and intermarriage with Moreover he allowed any one to denounce the new sect, and their rabbis were them. imprisoned by the government. But what was the end ? Nothing at all. All the excommunications, prohibitions, prosecutions, etc., were abolished, without even the result of a meeting, and as soon as the quarrel was over, not one of either All are called Israel, all are party hesitated to mingle with the opposite sect. Israelites, then. and at the present time nobody gives any attention to all that happened APPENDIX B. 157 knew that this was an impossibility, but only out of blind hatred deeply rooted in them, which descends from generation to We know this very well, but we can not enter here generation. into such details, as it would exceed the limits of an article, and would comprise a whole book in itself. We, therefore, rely upon well the intelligence and knowledge of the reader that he will where to find those if needed. know our own times, when the Karaites number only a few thousands, which accounts for their enjoying equal rights with the Even in of Russia, they make no secret toward Israel. When the anti-Jewish disorders broke out in Russia some few years ago, and many of our co religionists were exiled from the Middle States of the Russian Empire, the latter have petitioned the Russian Government to be permitted to embrace Karaitism. The Minister of the In natives, since Emperor Nicholas of their hatred terior has expressed his willingness to grant their petition if the Karaites will consent to receive them into their midst, and di rected an inquiry to this effect to their Hacham in Odessa, but the latter answered that there is no desire on the part of the Karaites to receive the Jews as their co-religionists. These facts need hardly any comment; they speak for them In fact, during all the long period since the year 760, it has not as yet happened that even a few individual Karaites should intermarry with our co-religionists, or should in any way associate with us. (Even in business affairs they do it only with great selves. Is there any stronger proof neces reluctance and very seldom.) of race-hatred? No other this race or nation, no matter how sary may be, will ever decline to receive into their he only wishes to gain their faith, and will never refuse to associate with him; and the masses, as well as the in telligent classes, have always been favorably inclined toward the Jews. But this hatred of the Karaites has no equal among other nations in any generation. great their hatred midst a Jew, if As the Samaritans have forged and falsified the Pentateuch, now well established, so also did the Karaites forge and falsify the Talmud. And we hereby reproach the writers of the history of as is the Karaites, who without much deliberations wrote For Saadiah the Gaon, when king, unable to assign any good reason for a state ; ment found have killed in the some Talmud of the that the Beth Shammai and vice versa, has denied the and Sahl, the son of Matzliah, (Jerushalmi) Beth Hillel, existence of such a statement at all; , his opponent, in order to prove to the world the delinquency of R. Saadiah, has descended from Palestine to Babylonia with the APPENDIX 158 B. Jerusalem Talmud in his hand! And they did not conceive that Sahl himself has forged the manuscript of the Talmud by writing in this statement, and he was not the first one to do so, but was prob ably preceded by others, as we have remarked in the introduction to our edition of Rosh Hoshana. In fact, we are surprised at those who are handling the Karaite literature that they have not per should more evidence be given to Sahl the forger, it. Why ceived than to Rabh Saadiah, who states positively that such a state ment did not exist in the Talmud ? Why should we not belive R. Saadiah that in his manuscript such a statement was not in exist ence? (To our regret this statement was added to, and remains in the Talmud through the that even now falsify, as proved by in our fault of the printers.) Especially so the Karaites continue to forge and modern scholars at the head of which own days many Abraham Harkawy, by exposing the falsifications of Abraham Firkowitz, the Karaite Hacham, in all his writings. The result of all that stated is that from the similarity of action, in all details, of the Karaites and Samaritans we can logically is arrive at the conclusion that the Karaites were doing nothing new, but only stepping in the shoes of their ancestors, the Samaritans, who they were, only under a different name, and being so they never descended from Israel. And all that Anan did was to gather the scattered Samaritans and encourage them to continue their fight against Israel, which has been hitherto conducted by them secretly, openly and publicly and with more vigor and animosity. And if we will examine with a critical eye the literature of the Karaites we will easily see that they are none others than the Sama And in vain has Dr. Holdheim held up as a striking proof ritans. the "laws of divorce," saying that such were the opinions of the Sadducees, and that the Karaites who were none else but the Sadducees clung to their old laws. No divorce was granted under the teaching of the Samaritans, unless on the ground of adultery. And Talmud bears testimony in stating (as quoted Beth Shammai are as the Kuthaiz, i.e., the Beth above), Shammai who prohibited a divorce unless on the ground of adultery, agree with the Samaritans who taught the same thing, and so also are the laws of the Karaites (even in regard to this has Dr. Holdheim blamed the teachings of the Pharisees without any foundation, for formerly even the Pharisees did not allow a divorce unless on the above-stated grounds, and all the leniency as to divorce which was afterwards decreed by the Beth Hillel, of whom R. Aqiba was one, was only introduced because the exigencies of the time required it, for it was at the time the New Testament as to this also the "The APPENDIX B. 159 began to gain strength and become popular, which declared every one who married a divorced woman to be an adulterer; as proved by I. H. Weiss in his work, and all other laws of the Karaites "). The observance of the Sabbath, etc., is nothing else but the laws of the Samaritans, and the slight difference in the ceremonies of these two sects is only because the former lived much later than strict the latter, and had to struggle with other sects who were their and therefore many ceremonies superiors, were forgotten altogether. As to principles and dogmas, we have never heard that the Samaritans have ever rejected the belief in and to submit to them, On the resurrection or in the world to come. in resurrection has circulated among all contrary, as the belief nations, and as the Samari tans have produced no great and learned men, and being widely separated from Israel, it is very natural that they did believe in resurrection as did their descendants the Karaites. Another proof can be adduced that the Karaites are the de scendants of the Samaritans; namely, that the Karaites mourn much more over the destruction of the Temple (and some of their Hachams have even adapted the name "Mourner or "Mourners than we do, because as the Samaritans they mourn over the loss of their temple on the Mount Gerisim which was destroyed by Janai, " "), and continue to curse him up to date in their prayers. We could adduce numerous other proofs taken from both the extensive literature of the Karaites and the inextensive literature of the Samaritans, to show that we did not in the least exaggerate our opinion as to the origin of the Karaites, but this article has taken up much more space than we expected and we are unable to give them here to the reader. Before closing this article we find gentleman who put the question to us: it our duty to answer the are the reformers "What of our times, if not Karaites?" A careful examination of the literature of the reformers in rope, as Holdheim, Geiger, Ritter, etc. ; of the Eu prayer books of the reformers in this country, and of the sermons of their preachers all over the world, we will at once recognize in them the early Sadducees, with all their particularities. They (generally, not consid in immortality of the here and believe there an ering exception) soul, in retribution after death and in many Talmudical traditions, shown by the fact that they observe the holidays as es by the Talmudists but they do not believe in resurrec tion, neither in the coming of a personal Messiah, and do not recog nize the Talmud as final authority in all matters; and self-under stood those rules and regulations established subsequent to the as can be tablished ; APPENDIX 160 close of the Talmud but B. in its spirit, the same thing did the former Sadducees. But as our present reformers are descendants of the Pharisees, and the Sadducees being no more in existence, therefore they also have in many things adopted a new form, and recognize the teach ings of the Pharisees (as for instance the observance of the sixth day of Sivan as Pentecost) as indisputable laws. But we can by no means accuse the reformers in not believing in tradition gen erally, as we cannot well accuse of that the former Sadducees. (Even those reformers who have changed the Sabbath, for even can be explained in accordance with the general rule of the sanctifies the seventh day, but not the Sabbath itself, and for this reason the Talmud decreed that in case one forgets which day is the Sabbath, he shall count six days and observe the seventh as Sabbath, see our article in the Deborah, 1894.) Should the reader put the question to us whether the reformers are not to be charged with transplanting Christianity into Judaism, and whether there is no danger that in course of time Christianity will swallow up Judaism altogether, as the Unitarism of our own days, as such danger has already threatened Judaism during the early Sadducees, we will say that this question requires a deliberate an this Talmud which or swer, and cannot be answered by can only state that we have devoted "no" "yes" We offhand. much of our attention to this question, and with a penetrating eye have followed the of the reformers of the School of Holdheim, Ritter and their work com Wise in Cincinnati, and of and having collected con and having bestowed much deliberation panions, in Berlin, of the school of Isaac the teaching of Emil G. Hirch in Chicago, siderable data of their past, upon their future, we consider ourselves competent to give our In fact we have prepared a long article opinion about this matter. dealing specially with the following questions: (i) Does the He brew religion require any reforms? (2) If it does, what are they and on what basis can we introduce them? (3) What are the re- reforms introduced by the conservative reformers, and what are those of the radical reformers? (4) What benefit resulted from these reforms in general and in particular? (5) The result of the reforms of Cincinnati and of those of Hirch, and (6) What is the name "Orthodox," and to whom shall it be applied? are wiHing to submit to the readers (after accom plishing our task of the translation) if desired. meaning of the This article we END OF VOLUME I. 3from tbe Ufme of 200 B. c., up flts ^formation, about to tbe DIVIDED INTO present Uime TWO VOLUMES ITS DEVELOPMENT AND THE PERSECUTIONS SINCE ITS BIRTH UP TO DATE, INCLUDING ALL RELIGIOUS DISPUTES AND BRIEF BIOGRAPHIES OF THE SEPARATED SECTS VOLUME I. VOLUME II. NEW THE HISTORICAL AND LITERARY INTRODUCTION TO THE WITH ILLUSTRATIONS EDITION: ETHICS, METHOD, CRITICISM, ETC. BY MICHAEL L. Volume NEW RODKINSON II. (XX.) NEW YORK TALMUD PUBLISHING COMPANY 1117 SIMPSON STREET COPYRIGHT, MICHAEL L. 1903, BY RODKINSON CONTENTS OF VOLUME PART II. I. CHAPTER I. PAGE THE COMBINATION OF THE GEMARA, THE SOPHRIM, AND THE ESHCALATH, ALSO BRIEFLY NOTICED ABOUT MlSHNA, TOSEPHTA, MECHILTA, SIPHRA AND SIPHRE CHAPTER THE II. FIVE GENERATIONS OF THE TANAIM, WITH THEIR ACTERISTICS AND BIOGRAPHICAL SKETCHES CHAPTER CHAR ... 6 III. THE THE AMORAIM OR EXPOUNDERS OF THE MISHNA. Six GENERATIONS OF THE AMORAIM, THE PALESTINIAN AS WELL AS THE BABYLONIAN, AND ALSO THAT OF SURA, PUAIBADITHA AND NAHARDEA, WITH THEIR CHARACTERISTICS AND BIOGRAPHICAL SKETCHES .... CHAPTER i 22 IV. THE CLASSIFICATION OF HALAKHA AND HAGADA IN THE CON TENTS OF THE GEMARA. COMPILATION OF THE PALESTINIAN TALMUD AND THAT OF THE BABYLONIAN AND THE Two GEMARAS COMPARED WITH EACH OTHER ... 38 APOCRYPHAL APPENDICES TO THE TALMUD AND COMMENTARIES. THE NECESSITY FOR COMMENTARIES EXCLUSIVELY ON THE MISHNA 44 CHAPTER CHAPTER V. VI. EPITOMES, CODIFICATIONS, MANUSCRIPTS AND PRINTED EDI TIONS OF THE TALMUD. INTRODUCTORY. EPITOMES, CODES, COLLECTIONS OF THE HAGADIC PORTIONS OF THE TALMUD, MANUSCRIPTS, AND THE BOTH TALMUDS IN PRINT. 48 CONTENTS. iv CHAPTER VII. PACK TRANSLATIONS OF THE TALMUD, THE MISHNAYOTH IN MANY MODERN LANGUAGES, THE GEMARA IN ENGLISH, AND ALSO THE TRANSLATION OF THE PALESTINIAN TALMUD . CHAPTER . 55 VIII. BIBLIOGRAPHY OF MODERN WORKS AND MONOGRAPHS ON TALMUDIC SUBJECTS. HAGADA, ARCHAEOLOGICAL, BIOGRAPH CHRONOLOGY AND CALENDAR, CUSTOMS, DIALECTICS, EDUCATION, ETHICS, EXEGESIS, GEOGRAPHY AND HISTORY, LAW IN GENERAL, JUDICIAL COURTS, EVIDENCE IN LAW, CRIMINAL LAW, CIVIL LAW, INHERITANCE AND TESTA ICAL, MENT, POLICE LAW, LAW OF MARRIAGE AND DIVORCE, LAWS CONCERNING SLAVERY, LINGUISTICS, MATHEMATICS, MEDICINE, SURGERY, NATURAL HISTORY AND SCIENCES, PARSEEISM OF THE TALMUD, POETRY, PROVERBS, PSY CHOLOGY, SUPERSTITION, AND LECTURES ON THE TALMUD. CHAPTER 58 IX. WHY SHOULD CHRISTIANS FEEL INTERESTED IN THE TALMUD ? COLLECTIONS FROM GENTILES AND MODERN HEBREW REASONS WHY THE TALMUD SHOULD BE SCHOLARS. STUDIED CHAPTER OPINIONS ON THE VALUE OF THE X. TALMUD BY GENTILES AND MODERN JEWISH SCHOLARS PART 70 75 II. CHAPTER I. ETHICS. INTRODUCTION. THE PARALLELS BETWEEN THE TALMUDIC AND THE EVANGELUM REGARDING HUMAN LOVE . CHAPTER 80 II. MAN AS MORAL BEING, FREE-WILL, GOD S WILL, THE AC COUNTABLE TO GOD, ETC., LABOR, CARDINAL DUTIES IN RELATION TO FELLOW-MEN, JUSTICE, TRUTH AND TRUTH FULNESS, PEACEFULNESS, CHARITY, DUTIES CONCERNING SPECIAL RELATIONS, THE CONJUGAL RELATIONS, PARENTS AND CHILDREN, COUNTRY AND COMMUNITY, AND THE GENERAL CHARACTERISTICS 84 CONTENTS. PART v III. PACB OUR METHOD ...... NEW OF THE TRANSLATION OF THE OF THE BABYLONIAN TALMUD PART EDITION IV. SOME REMARKS ABOUT CRITICISM IN GENERAL AND TO OUR NEW EDITION ESPECIALLY APPENDIX TO CHAPTER II. THE SUGGESTION THAT JESUS is MENTIONED IN THE TALMUD AS AN AUTHOR OF A LAW WHICH WAS PRACTISED UNTIL IT WAS CHANGED BY .... CRITICISM. AKIBA ........... PART 94 101 105 V. THE ARRANGEMENT AND THE NAMES OF THE TRACTS OF THE SECTIONS OF BOTH TALMUDS, WITH THE SYNOPSIS OF THE Two SECTIONS, MOED AND NEZIKIN (134 pages) . PART . . VI. INDORSEMENTS AND SOME PRESS COMMENTS . (14 pages) PART I. NEW HISTORICAL AND LITERARY INTRODUCTION TO THE EDITION OF THE TALMUD. CHAPTER I. THE COMBINATION OF THE GEMARA, THE SOPHRIM, AND THE ESHCALATH. Voluminous books were written about the text of the Mishna and Talmud in almost every language, besides valuable articles by very scholarly men in different books and periodicals. In the bibliography the reader will find all modern works ar ranged with various references to subjects. We shall only point out the special books on this subject, viz., "Darkhe HamishThe nah," (The Ways of the Mishna), by Zachariah Frankel, " Introduction to the Mishna," by Jacob Tra Toldat Hamish- 1876, Brill, "The Law," by H. Weiss, and (History of the Mishna), by Haim Oppenheim, all in Hebrew; Jahrbiicher," by Dr. N. Brill, Frankfort, A. M., " dition of the Oral nah," " Hamburger, "Die Lehrer der Mishna," by M. Braunschweiger, and Graetz s History of the all in German. Finally three special introductions were Jews," written (i) "Einleitung in den Talmud," Leipzig, 1894, second "Real Encyclopaedic," by J. " edition, by Dr. Herman Strack, in German; " (2) Introduction Talmud," 1891 and 1894, second edition, by Dr. M. Mielziner, in English, and (3) "Introduction to the Mishna," in the Russian language, by N. Perferkowitz.* In these to the introductions are mentioned also the different translations of the Mishnayoth and Talmud in time these works were written. the languages up to the Finally, Dr. Erick Bischoff all Kritische Geschichte der Tal wrote a special book named mud Uberzetzungen aller Zeiten und Zungen," Frankfort, " * This work, which worthy to be considered. is the first of its kind in the Russian language, is also THE HISTORY OF THE TALMUD. 2 All the above mentioned introductions explain a. M., 1899. the terms of the text of the Mishna and Talmud, their abbre viations and the method of both Talmuds, to enable those who desire to study the text in the original. We, however, who wish to give an introduction to our English translation of the Talmud, deem it not necessary to trouble the English reader with the explanations of the text, and shall give only what pertains to our new edition. We have already mentioned in our brief introduction to Sabbath that the Talmud, in general, is composed of Mishna and Gemara. In this introduction, however, we shall give all the particulars pointed out by Strack and Mielziner which we deem of interest to the English reader. As a text we took Mielziner s "Introduction," which is an excellent work, omit ting what seems to us not necessary for the reader, supplying it with necessary remarks and additions. (i.) The Talmud is a combination of Mishna and Gemara, a collection of Mishnayoth, Tosephtas, Mechilta, Siphra, Siphre and Boraithas, all of these, interpreted and discussed by the Amoraim, Saboraim, and also Gaonim at a "The Mishna is the authorized codification of later period. or unwritten law, which on the basis of the written the oral the latter is law contained in Pentateuch, developed during the second Temple, and down to the end of the second century of the common era." The author of which was R. Jehuda, the prince named "Rabbi" (flourishing toward the end of the second century), taking the unfinished work of R. Akiba and R. Meir as basis.* (2.) "The word Tosephta means Addition, Supplement, and, as indicated by this name, the work is intended to complete deficiencies of the Mishna. f It is divided into Masechtoth, generally corresponding to those of the Mishna, but differing * The meaning of the of this work, as well as In Mielziner " s its word Mishna is already explained by us in the first volume division into sections. Introduction, "pp. 18-21, the reader will find Mechilta Siphra and Siphre and Boraitha, which we deem as they are not of importance to the reader. f See also our brief general introduction, vol. i., p. xvii. it all the details about not necessary to repeat HISTORICAL AND LITERARY INTRODUCTION. 3 from them in the arrangement of their subject, and in the The division of their Perakim. latter are not subdivided into paragraphs. There are in all sixty Masechtoth and 452 Pera kim. The Tosephta contains mainly the remnants of the Halacha made by R. Akiba, R. and others not adopted in the Mishna, and, Meir, R. Nehemia, besides additions made after R. Jehuda Hanasi s death by his disciples, R. Chiya, R. Oshaya, Bar Kappara and others. But we find in that work also many sayings and decisions of later Amoraim of- the Babylonian and Palestinian schools. earlier compilations of the In its present shape * it belongs to the fifth or sixth cen tury." (3-) " mon, Mechilta, the Siphra and the Siphre have this in com that they treat of the oral law not according to well ar The ranged subjects, as is the case with the Mishna and the To sephta, but rather in the form of a running commentary and discussion on the biblical passages from which the law is de duced or on which it is based. "The Siphra, also called Torath Cohanin, is a collection of traditional interpretations of the whole book of Leviticus, introduced by an exposition of R. Ishmael s thirteen her- meneutic rules." (4-) "The Siphre, or, as its fuller title reads, the books of the Rab, comprises the traditional interpretations of the book of Numbers, beginning with Chapter V., and of the whole book of Deuteronomy. The author of the Siphre on school of Numbers was evidently not the same as the author of that on the last book of the Pentateuch. The style of the former, being more argumentative and discursive, often resembles * The Tosephta is usually printed as an appendix to Alphasi s compendium of In the Vienna edition of the Babylonian Talmud (1860-72) the Talmud. Masechtoth of the Tosephta are appended to the corresponding Masechtoth of the Talmud. A separate revised edition of the whole Tosephta was published by Dr. Zuckermandel (Pasewalk and Treves, 1877-82). Dr. Adolph Schwartz is publishing a new edition of the Tosephta, with notes and text corrections, of which the first volume is out, Wilna, 1891. Critical researches on the Tosephta are found in Frankel s Darke Hamishna," pp. 304-307, and in I. H. Weiss s Dor Dor," etc., II., pp. Wesen und Ursprung der Tosephta," Amster 217-225 also in I. H. Duenner s the " " " ; dam, 1874. THE HISTORY OF THE TALMUD. 4 that of the Siphra, while Siphre on Deuteronomy brief, bearing more resemblance to the Mechilta." is generally The author said to be R. Simeon b. Johai. Besides the Tosephta, the Mechilta, the Siphra and the Siphre just described, other collections of a similar character of it is existed during the Talmudical period. In the course of time they perished, but many hundred fragmentary passages thereof are quoted in all parts of the Palestinian and Babylonian Gemara. Such a passage quoted from those lost collections as well as from the Tosephta, Mechilta, Siphra and Siphre was termed Boraitha, or Mathnitha Boraitha, meaning extraneous Mishna. This term was used in order to distinguish those pas sages from passages in our Mishna, that is, the authorized Mishna of R. Jehuda Hanasi, compared with which they had but a subordinate value. The Baraithoth are often found to be conflicting with each other or with the authorized Mishna, and and in this case the Gemara usually displays great ingenuity attempt to reconcile them. In some in stances, however, one or the other Boraitha is declared to be subtility in the spurious.* The authorities mentioned in the Mishna and Boraitha f as having transmitted and developed the oral law belong to three different periods; namely: (i) The period of Sopherim (Scribes); (2) The period of Zugoth; (3) The period of Tanaim. (a) Sopherim or Scribes were the learned men who suc ceeded Ezra during a period of about two hundred years. To them many institutions and extensions of the Mosaic law are The Sopherim are also called collectively the men of the Great Assembly (Synod)." According to tradition, this synod consisted of 120 members, but we have no record of their names with the exception of Ezra, its founder, and of Simon the Upright (Just), (the high priest Simon I., between 310-292, or his grandson Simon II., between 220-202 B.C.), who is said to have been one of the last members of the Great " ascribed. Assembly. * Some critical researches on the Boraitha are found in Frankel " s Darke Ha- Dor Dor," II., pp. 239-244. pp. 311-313, and in I. H. Weiss s do not find the Zugoth to be mentioned in the Boraitha. However, " mishna," f We not cancel it as it is so written by Miel/iner. we do HISTORICAL AND LITERARY INTRODUCTION. 5 Antigonos of Socho, a disciple of Simon the Just, was the connecting link between this and the following period. The word Eshcalath (6) (Zugoth), meaning the pairs the appellation of the leading teachers from ben Jose Joezer till Hillel, of whom always two, at the same stood at the head of the Sanhedrin, one as president time, (duumviri), is and the other as vice-president (Ab beth din). succession of these Zugoth was (1) Jose ben Joezer and Jose ben Jochanan, flourishing at the time of the Maccabean wars of independence. (2) Joshua b. Perachia and Nitai of Arbela, flourishing (Nasi), The : at the time of John Hyrcan. Tabai and Simon Shetach, flourishing at (3) Juda (4) the time of Alexander Janai and Queen Salome. Shemaiah and Abtalion, flourishing at the time of b. Hyrcan II. and Shamai, (5) Hillel b. flourishing at the time of King Herod. With the (c) period of disciples of Hillel and Shamai begins the Tanaim, which lasted about 210 years (from 10 to 220 Ch. Era). With the beginning Rabbi (teacher) for the Rabban (our teacher) ordained of this period the title and the title for the president of the Sanhedrin came teachers, in use. In the Mishna, the term Tana, meaning a teacher of the Those teachers are there sig oral law, does not yet occur. nified or by generally adding the title of Rabbi to their names, calling them collectively the Sages, while the authorities by of the preceding period are occasionally designated the former elders." It is first in the Gemara that the term Tana is applied " to a teacher mentioned in the Mishna and Boraitha, in con tradistinction to the Amoraim, expounders of the Mishna, as the teachers after R. Jehuda Hanasi are called. (In Babylonian Talmud in Palestinian, however, the Amoraim are also called : Rabbis.) The period of the Tanaim is generally divided into five or minor sections or generations. The purpose of this division is to show which teachers developed their principal activity con temporaneously, though the actual lifetime of some of them extended to more than one generation. six THE HISTORY OF THE TALMUD. 6 The following chronological tables contain the names only more prominent * teachers of each generation. Every of the table is followed short biographical sketches of the teachers by mentioned therein.! CHAPTER II. THE GENERATIONS OF THE TANAIM. FIRST GENERATION. The principal Tanaim of the first generation, which lasted about seventy years, from 10 to 80, Ch. Era.J are: (i) The School of Shamai and the School of Hillel; (2) Akabia ben Mahalalel; (3) Rabban Gamaliel the Elder; (4) Rabbi Chanina, Chief of the Priests; (5) R. Simon ben Gamaliel; (6) R. (Strack adds to this first generation Jochanan ben Zakkai. the [10-90] Judges), (7) Admon, and (8) Hannan; (9) Nachum I; (u) Haninah b. Dosa; Hakanah; and (13) Zadock. Mielziner counts Adman, Hannan and Nachum of Ma daith at the end of this paragraph, not numbering them among the first generation, so also he did with some others in the the Madaith; (10) Eliezer b. Jacob (12) Nechunyah b. succeeding generations. * We do not understand very well what the learned Doctor Mielziner means by the word prominent, as it seems that the Tanaim whom he omitted were not less On the contrary, some of them were prominent than those whom he mentioned. We even more prominent. ture of the learned doctor, that we cannot ask him are sorry that our work was delayed until after the depar our friend and whose loss we greatly lament, so who was the reason as we always meant to do. (See our remarks further on.) f Fuller characteristics of the lives and teachings of the principal given in the following works Tanaim are : " Graetz, History of the Jews," Vol. IV. Darke Hamishna." Zur Geschichte der juedischen H. Weiss, Z. Frankel, " " I. " Jacob Bruell, Mebo " J. Hamburger, Real Hamishna," Vol. Encyclopaedic," Tradition," Vols. I. and II. I. Vol. II. " Die Talmudischen Artikel." M. Braunschweiger, Die Lehrer der Mishnah." H. Strack, Einleitung in den Talmud." " " N. Perferkowitz, Talmud, Part I. \ This comparatively great length of the the circumstance that and Hillel, and it first generation is easily explained by refers to the duration of the prevailing Schools of Shamai not, as in the subsequent generations, to that of the activity of a single leading teacher. HISTORICAL AND LITERARY INTRODUCTION. Characteristics and Biographical Sketches. The School of Shamai and the School of Hillel were 1. founded by the disciples of the great teachers whose names they bear. Following the principles of their masters,* they differed widely in their opinions on many legal questions the School of Shamai, in general, taking a rigorous, and the School In their frequent of Hillel a more lenient view of the question. controversies the School of Shamai, having been founded al ; ready during the lifetime of Hillel, is always mentioned first. Of individual teachers belonging to either of these two schools only a very few are occasionally mentioned by name. Both schools existed during the whole period of the first generation, and the antagonism of their followers extended even to the middle of the subsequent generation. 2. Akabia ben Mahalalel. Of this teacher who flourished shortly after Hillel only a few opinions and traditions are re corded. According to what is related of him in Mishna Eduyoth, V., 6, 7, he was a noble character with unyielding principles. He was a son of R. Simon, 3. Rabban Gamaliel the Elder. and grandson of Hillel, whom he succeeded in the office of of the Rabbin Nasi. Many important ordinances law are ascribed to him. ical He (HUpPO died eighteen years before the destruction of Jerusalem. The epithet "the Elder" gen erally added to his name, is to distinguish him from his grand son Gamaliel of Jabne, who flourished in the following gener ation. Rabbi Chanina, Chief of the Priests, or the proxy of the He, as well as "the court of Priests," is inciden in the Mishna in connection with laws con mentioned tally 4. high-priest. cerning the sacrifices and the Temple service. He was the son and successor 5. R. Simon ben Gamaliel. Rabban Gamaliel the Elder, and was executed by the Ro mans in the time of the destruction of Jerusalem. Belonging of to the School of Hillel, his individual opinions in questions of law are but rarely recorded in the Mishna. He must not be * Shamai and Hillel themselves differ in three questions only. p. 5.) Their schools, however, differ in 316 Halakhas. (See Eduyoth, THE HISTORY OF THE TALMUD. 8 confounded with his grandson who had the same name and belonged to the fourth generation of Tanaim. This distinguished teacher was 6. R. Jochanan b. Zakkai. one of the youngest disciples of Hillel, occupied a high position already before the destruction of Jerusalem, and afterwards became the founder and head of the celebrated academy of Jabne (Jamnia). SECOND GENERATION. This generation lasted about forty years, from 80 to 120. principal Tanaim belonging to it are (i) Rabban Gamaliel II., (of Jabne); (2) Rabbi Zadok; The (3) : R. Dosa (b. Elazar (4) R. Eliezerb. Jacob;* (5) R. R. Joshua (b. Chanania) (7) R. Elasar b. Arach;f (9) R. Juda b. Harchinas); Eliezer (b. Hyrkanos) ; b. (6) ; Azaria; (8) (According to Strack) (10) Papias; (n) Alazar b. Zadock; (12) Samuel the Little; (13) Nachum of Gimzu; (14) Ben Paturi; (15) Jose the Priest; (16) Elazar of Medium. Bathyra. We , from giving the sketches of those who were added by Strack and others, as they would take up too much refrain The reader who is interested in space. in the reference books pointed out them to each of them the sources in them can easily find by Strack, who gives the German language from which he draws. Characteristics Rabban Gamaliel and Biographical Sketches. He was a grandson of Gamaliel the Elder; after the death of R. Johanan b. Zakkai he became president of the academy of Jabne, and like his ancestors, he 1. bore the title II. Nasi (Prince) ; with the Romans, Patriarch. In order to distinguish him from his grandfather, he received the surname Gamaliel of Jabne, or the Second. Of him it is related that he, in anticipation 2. R. Zadok. of the destruction of the Temple, fasted for forty successive * Strack counts him and Zadok among the first generation. f We have added him as his omission by Mielziner can be attributed only to forgetfulness as his preceeding sages were also disciples of R. Johanan b. Zakkai, and for the same reason we have added Papus, who was a contemporary of R. Aqiba and of whom the Talmud speaks highly. HISTORICAL AND LITERARY INTRODUCTION. 9 He then removed to Jabne where he as well as his son, years. R. Eliezar b. Zadok, belonged to the distinguished teachers. 3. R. Dosa b. Har chinas belonged to the school of Hillel, and removed with R. Jochanan b. Zakkai from Jerusalem to Jabne. where he reached a very old age. He stood in such high esteem that his most distinguished colleagues appealed to his opinion in doubtful cases. 4. R. Eliezer b. Jacob was head of a school, and in possession of traditions concerning the structure and interior arrange ments of the Temple. He is also mentioned with commenda method of instruction, which was "concise There was also another Tana by a similar name tion as to his and clear." who flourished in the fourth generation. 5. R. Eliezer b. Hyrkanos, in the Mishna called simply R. Eliezer, was one of the most distinguished disciples of R. Jochanan b. Zakkai, who characterized him as "the limecemented cistern that does not lose a drop." He was a faith ful conservator of handed-down decisions and opposed to their slightest modification and to any new deductions to be made His school was in Lydda, in South Judea. Though therefrom. a formerly disciple of the Hillelites, he inclined to the views of the Shamaites and consequently came in conflict with his col Being persistent in his opinion, and conforming to leagues. it even in practice, he was excommunicated by his own brotherin-law, the patriarch Gamaliel II. 6. R. Joshua b. Chanania, in general called simply R. Joshua, was likewise one of the favored disciples of R. Jochanan b. Shortly before the destruction of the Temple he Jerusalem with his teacher, after whose death he founded Zakkai. left a separate school in Bekiin. As member of the Sanhedrin in Jabne, he participated conspicuously in its deliberations and debates. His discussions were mostly with R. Eliezer, to whose unyielding conservatism he formed a striking contrast, as he represented the more rational and conciliatory element of that generation, and combined with great learning the amiable virtues of gentleness, modesty and placability which charac As on several occasions, was humil II., with whom he differed on some by the members of the Sanhedrin resented this insult questions, of their esteemed colleague by deposing the offender from his terized the Hillelites. iated he, the Nasi Gamaliel THE HISTORY OF THE TALMUD. io It was only through dignity and electing another president. the interference of the appeased R. Joshua that R. Gamaliel, who apologized for his conduct, was again restored to his office. b. Azaria descended from a noble family whose was traced up to Ezra the Scribe. Already while a pedigree young man, he enjoyed such a reputation for his great learning that he was made president of the academy at Jabne in place When the latter was reinstated, of the deposed R. Gamaliel. as was His controversies Elazar R. appointed vice-president. were mostly with R. Joshua, R. Tarphon, R. Ishmael and R. Akiba. On account of the noble virtues which he combined with his great learning he was compared to a vessel filled with aromatic spices," and R. Joshua said of him: generation R. Elazar 7. " "a having a man Elazar like R. Elazar b. Azaria, whom is not orphaned." said (Aboth, p. 61), all the wise of Israel were in a scale of the balance 8. b. Arach, of it is " If and Hyrkanos with them, and Elazar b. Arach in the other scale, he would outweigh them 9. R. Juda b. Bathyra had a school in Nisibis (in Assyria), already at the time when the Temple of Jerusalem was still in He was probably a descendant of the family Bene existence. Eliezer b. all." Bathyra, who were leaders of the Sanhedrin under King Herod, and who resigned that office in favor of Hillel. Several other Tanaim had the same family name, as R. Joshua b. Bathyra, R. Simon b. Bathyra and one called simply Ben Bathyra. THIRD GENERATION. Several Teachers of the third generation, which lasted from the year 120 till about 139 (130-160, Strack), flourished already The in the preceding one. (i) R. Tarphon; principal teachers are : R. Ishmael; (3) R. Aqiba; (4) R. R. Jose the Galilean; (6) R. Simon b. (2) Jochanan b. Nuri; (5) Nanos; (7) R. Juda b. Baba; (8) R. Jochanan b. Broka. Strack counts all the above-mentioned in the second genera with the addition of, (9) Papus b. Jehuda (io) Elazar b. Damascus; (12) Hananya b. Trodyan; Chasma; (n) Elazar b. b. Kisma; (14) Parta; (15) Simeon b. Azai; (13) Jos (16) Simeon b. Zoma; (17) Elisha b. Abuyah; (18) Chaninah b. Gamaliel (19) Chaninah b. Antigonos (20) Elazar of Bartu- tion, ; Jose of ; ; HISTORICAL AND LITERARY INTRODUCTION, tha; Simeon (21) Jechosua Taimon; (22) Chananiah, the son of (23) Jehuda b. Buthyra; (24) Matyah b. Chittkah; (26) Simeon the Shakmone; (27) brother s Cheris;* (25) Chananiah n of ; b. Chakniel. Characteristics and Biographical Sketches. He is said to have 1. R. Tarphon, or Tryphon, of Lydda. been inclined to the views of the School of Shamai. On ac count of his great learning he was called the teacher of Israel His besides, he was praised for his great charitable works. legal discussions were mostly with his colleague R. Akiba. 2. R. Ishmael (b. Elisha) was probably a grandson of the high-priest Ishmael b. Elisha who was condemned to death by Titus, together with the patriarch Simon b. Gamaliel I. When still a boy, he was made a captive and brought to Rome, where R. Joshua who happened to come there on a mission, redeemed him at a high ransom and brought him back to Pales R. Nechunia b. Hakana is mentioned as one of his prin tine. When grown to manhood, he became a mem cipal teachers. ber of the Sanhedrin and was highly revered by his colleagues. He is named among those who emigrated with the Sanhedrin from Jabne to Usha. His residence was in South Judea in a His academical controversies were place called Kephar Aziz. mostly with R. Akiba, to whose artificial methods of interpret ing the law he was strongly opposed, on the principle that " ; the Torah, being composed in the usual language of man, must be interpreted in a plain and rational way. As guiding rules of interpretation he accepted only the seven logical rules which had been laid down by Hillel, which he, however, by some A and subdivisions, enlarged to thirteen. his school he founded was after which continued separate death by his disciples and was known by the name of "Be R. modifications Ishmael." Of the book Mechilta which is ascribed to R. Ishmael. R. Aqiba (b. Joseph) was the most prominent among Tanaim. He is said to have descended from a proselyte the family, and to have been altogether illiterate up to the age of Filled with the desire to acquire the knowledge his manhood. 3. * 22, 23 and 24 were out of Palestine. THE HISTORY OF THE TALMUD. 12 of the law, he entered a school and attended the lectures of the distinguished teachers of that time, especially of R. Eliezer b. Hyrkanos, R. Joshua b. Chanania, and of Nachum of Gimzu. Subsequently he founded a school in B ne Brak, near Jabne, and became a member of the Sanhedrin in the last-mentioned city. Through his keen intellect, his vast learning and his energetic activity he wielded a great influence in developing He arranged the accumu diffusing the traditional law. lated material of that law in a proper system and methodical and and enriched its substance with many valuable deduc His methodical arrangement and division tions of his own. of that material was completed by his disciple R. Meir, and later on became the groundwork of the Mishna compiled by R. Jehuda Hanasi. Besides, he introduced a new method of interpreting the Scriptures, which enabled him to find a biblical order, basis for almost every provision of the oral law. method was admired by his contemporaries, ious This ingen and notwith standing the opposition of some of his colleagues, generally adopted in addition to the thirteen hermeneutic rules of R. R. Akiba s legal opinions are very frequently re Ishmael. corded in all parts of the Mishna and in the kindred works. His academical discussions are mostly with his former teachers, R. Eliezer, R. Joshua, and with his colleagues, R. Tarphon, R. Jochanan b. Nuri, R. Jose the Galilean and others. R. Akiba died a martyr to religion and patriotism. Having been a stout supporter of the cause of Bar Cochba, he was cruelly executed by the Romans for publicly teaching the Law, contrary to the edict of the emperor Hadrian. (See Aboth, p. 28.) Nuri was a colleague of R. Akiba, with on questions of the law. In his whom youth he seems to have been a disciple of R. Gamaliel II., for whose memory he always retained a warm veneration. He presided over a college in Beth Shearim, a place near Sepphoris 4. R. Jochanan b. he frequently differed in Galilee. 5. Of his R. Jose the Galilean was a very distinguished teacher. youth and education nothing is known. At his first appearance in the Sanhedrin of Jabne, he participated in a debate with R. Tarphon and with R. Akiba, and displayed such great learning and sagacity that he attracted general HISTORICAL AND LITERARY INTRODUCTION. attention. established. From this debate his reputation as He was an authority especially in 13 a teacher was the laws con His discussions cerning the sacrifices and the Temple service. were mostly with R. Akiba, R. Tarphon, and R. Elazar b. life it is related that he had the bad an fortune of having ill-tempered wife, who treated him so meanly that he was compelled to divorce her, but learning that she in her second marriage lived in great misery, he generously provided her and her husband with all the necessaries of life. One of his sons, R. Eleazar b. R. Jose the Galilean, be Of Azariah. his domestic came a distinguished teacher in the following generation and established the thirty-two hermeneutic rules of the Hagada. 6. R. Simon b. Nanos, also called simply Ben Nanos, was a great authority especially in the civil law, so that R. Ishmael recommended to all law students to attend the lectures of this profound teacher. His legal controversies were mostly with R. Ishmael and R. Akiba. 7. R. Judah b. Baba, who on account of his piety was called the Chasid, is noteworthy not only as a distinguished teacher, but also as a martyr to Judaism. Contrary to the Hadrianic edict which, under extreme penalty, prohibited the ordination of teachers, he ordained seven * disciples of R. Akiba as Rabbis, and for this act was stabbed to death by the Roman soldiers. 8. R. Jochanan b. Broka was an authority especially in the civil law. Also his son R. Ishmael was a distinguished teacher who flourished in the following generation. FOURTH GENERATION. This generation extended from the death of R. Akiba to the death of the patriarch R. Simon b. Gamaliel II., from the year 139 to about 165. Almost all leading teachers of this generation belong to the latter disciples of R. Akiba. (i) R. Meir; (2) R. Jehuda (ben Ilai) (3) R. Jose (ben Chalafta); (4) R. Simon (b. Jochai) (5) R. Elazar (b. ; ; R. Jochanan the Sandelar; (7) R. Elazar b. R. Nehemia; (9) R. Joshua b. Korcha; (10) R. Jacob; (8) Simon b. Gamaliel. Strack counts all of them in the third generation, and adds, (n) Elazar b. Jose the Galilean; (12) Shamua) ; (6) * We are aware only of six mentioned in vol. i., p. II. i THE HISTORY OF THE TALMUD. 4 Jochanan b. Beroka; (13) Abba Schaul; (14) Akiba; (15) Chananiah b. Akashya; (16) Jose Akabyah; (17) Issi b. Jehuda; (18) Nehuraye; (19) Abba Ishmael b. Chananiah b. b. Jos b. Dusthai. Characteristics i. R. and Biographical Sketches. Meir, the most prominent among the numerous was a native of Asia Minor and gained disciples of R. Akiba, a subsistence as a skilful copyist of sacred Scripture. At he of entered the R. first, Akiba, but finding himself academy not sufficiently prepared to grasp the lectures of this great teacher, he attended, for some time, the school of R. Ishmael, where he acquired an extensive knowledge of the law. Re turning then to R. Akiba and becoming his constant and favored disciple, he developed great dialectical powers. R. Akiba soon recognized his worth and preferred him to other This ordination disciples by ordaining him at an early date. was later renewed by R. Judah b. Baba. On account of the Hadrianic persecutions, R. Meir had to flee from Judea, but after the repeal of those edicts, he returned and joined his col leagues in reestablishing the Sanhedrin in the city of Usha, His academy was in Emmaus, near Tiberias, and in Galilee. for a time also in Ardiscus, near Damascus, where a large circle Under the patriarch R. of disciples gathered around him. Simon b. Gamaliel II., he occupied the dignity of a Chacham (advising Sage), in which office he was charged with the duty A of preparing the subjects to be discussed in the Sanhedrin. conflict which arose between him and the patriarch seems to have induced him to leave Palestine and return to his native R Meir s legal opinions country, Asia Minor, where he died. are mentioned almost in every Masechta of the Mishna and His greatest merit was that he continued the labors Boraitha. of R. Akiba in arranging the rich material of the oral law ac cording to subjects, and in this way prepared the great Mishna compilation of R. Judah Hanasi. Besides being one of the most distinguished teachers of the law, he was also a very popu lar lecturer (Hagadist), who used to illustrate his lectures by interesting fables and parables. Of his domestic life it is known that he was married to Beruria, the learned daughter of the . HISTORICAL AND LITERARY INTRODUCTION. 15 celebrated teacher and martyr R. Chananiah b. Teradyon. The pious resignation which he and his noble wife exhibited at the sudden death of their two promising sons has been im mortalized by a popular legend in the Midrash. 2. R. Jehuda b. Ilai is generally called in the Mishna simply R. Jehuda. After having received instruction in the law from his father, who had been a disciple of R. Eliezer b. Hyrkanos, he attended the lectures of R. Tarphon, and became then one of the distinguished disciples of R. Akiba. On account of his great eloquence he is called, "The first among the speakers." Also his piety, modesty and prudence are highly praised. He gained a modest subsistence by a mechanical trade, in accord Labor honors man," and He ance with his favored maxims who does not teach his son a trade, teaches him, as it were, Having been one of the seven disciples who after robbery." the death of R. Akiba were ordained by R. Juda b. Baba con trary to the Hadrianic edict, he had to flee. After three years he returned with his colleagues to Usha and became one of the " " : prominent members of the resuscitated Sanhedrin. The patri arch R. Simon ben Gamaliel honored him greatly, and ap pointed him as one of his advisers. As expounder of the law he was a great authority, and is very often quoted in all parts His legal opinions generally pre of the Mishna and Boraitha. vail, when differing from those of his colleagues R. Meir and R. Simon. To him is also ascribed the authorship of the essen part of the Siphra. The Hagada of the Talmud records many of his beautiful sayings, which characterize him not only tial as a noble-hearted teacher, but also as a sound and clear headed interpreter of Scriptures. He, for instance, denied the literal meaning of the resurrection of the dead bones spoken of in Ezekiel, ch. XXXVII., but declared it to be merely a poetical figure for Israel s rejuvenation. (Sanhedrin, p. 278.) R. Jehuda had two learned sons who flourished as teachers in the following generation. Mishna called simply R. Jose, was from Sepphoris, where already his learned father had es tablished a school. Though by trade a tanner, be became one He was a dis of the most distinguished teachers of his time. of R. Akiba and Like of his R. Tarphon. ciple colleagues he was ordained by R. Juda b. Baba, and on this account had 3. R. Jose b. Chalafta, in the THE HISTORY OF THE TALMUD. 16 to flee to the south of Palestine, whence he later on returned For having kept silent when in his pres with them to Usha. ence R. Simon made a slighting remark against the Roman government, he was banished to Asia Minor. When permitted to return, he settled in his native city, Sepphoris, where he died at an advanced age. Besides being a great authority in the law, whose opinions prevail against those of his colleagues R. Meir, R. Jehuda and R. Simon, he was an historian to whom the authorship of the chronological book Seder Olam is ascribed. 4. R. Simon b. Jochai from Galilee, in the Mishna called simply R. Simon, was likewise one of the most distinguished disciples of R. Akiba, whose lectures he attended during thir "Be satisfied that I and thy creator know thy were words the which with this teacher comforted powers," when he felt somewhat slighted on account of a certain him, He shared preference given to his younger colleague R. Meir. teen years. the fate of his colleagues in being compelled to flee after ordi Afterwards, he joined them at the new seat of the nation. Sanhedrin in Usha. On a certain occasion he gave vent to his bitter feeling against the Romans, which was reported to the Roman governor, who condemned him to death. He, how by concealing himself in a cave, where ever, escaped this fate he is said to have remained for several years, together with his engaged in the study of the law, and subsisting on the which abounded there in the neighbor hood. In the meantime political affairs had taken a favorable turn, so that he had no longer to fear any persecution he left son, fruit of the carob-trees ; his hiding place and reopened his academy at Tekoa, in Galilee, where a circle of disciples gathered around him. He survived and in his old age was delegated to Rome, where he succeeded in obtaining from the emperor (Marcus Aurelius) the repeal of some edicts against the Jewish religion. In the interpretation of the law, R. Simon departed from the method of his teacher R. Akiba, as he inclined to the view of R. Ishmael that "the Torah speaks the common language of man," and consequently regarded logical reasoning as the all his colleagues, proper starting point for legal deductions, instead of pleonastic words, syllables and letters. In accordance with this sound principle, he tried to investigate the evident motive of different biblical laws, and to make conclusions therefrom for their HISTORICAL AND LITERARY INTRODUCTION. 17 In regard to treating and arranging the proper application. oral law, however, he followed the method of R. Akiba in sub suming various provisions under guiding rules and principles. R. Simon is regarded as the author of the Siphre, though that work in its present shape shows many additions by the hands of later authorities.* 5. R. Elazar b. Skamua, in the those of R. Akiba was among of the Hadrian Mishna simply R. Elazar, s disciples who in consequence went to the South, whence he went to He does not, however, appear to have joined his Nisibis. edicts He is regarded colleagues when they gathered again at Usha. as a great authority in the law. The place of his academy is not known, but it is stated that his school was always over crowded by disciples eager to hear his learned lectures. was also the later patriarch R. Jehuda. his disciples Among On a journey, he visited his former colleague R. Meir at Ardiscos, in Asia Minor, and with him had discussions on important questions of the law, which are recorded in the Mishna and Boraitha. R. Jochanan the Sandelar had this surname probably from his trade in sandals. Born in Alexandria in Egypt, he 6. came to Palestine to attend the lectures of R. Akiba, and was so faithful a disciple that he visited this teacher even in prison, in order to receive instruction from him. His legal opinions are occasionally recorded in the Mishna as well as in the Tosephta and Boraitha. 7. R. Elazar (or Eliezer) b. Jacob was a disciple of R. Akiba and later a member of the Sanhedrin in Usha. This teacher must not be confounded with a former teacher by that name who flourished in the second generation. R. Nechemia belonged to the last disciples of R. 8. Akiba and was an authority especially in the sacrificial law, and in laws concerning levitical purification. His controversies are mostly with R. Juda b. Ilai. He is said to have compiled a Mishna collection which was embodied in the Tosephta. 9. R. Joshua b. Korcha is supposed by some to have been a son of R. Akiba, who, on one occasion, is called by such a sur* The Cabbalists ascribe to him the compiling of the Zohar, which was revealed The Talmud also speaks of him as the one to whom miracles by Moses d Leon. occurred frequently. 2 ii THE HISTORY OF THE TALMUD. 18 name (meaning the bald head) but this supposition is very would be strange that the son of so illustrious a man should not rather have been called by his father s proper name, and that he should never have alluded to his celebrated ; improbable, for it parent or to any of his teachings.* R. Joshua b. K. belonged to the authorities of this genera tion, though only a few of his opinions are recorded in the Mishna. Simon b. Gamaliel was the son and successor of the Gamaliel In his youth, he witnessed II. of Jabne. patriarch the fall of Bethar, and escaped the threatened arrest by flight. After the death of the emperor Hadrian, he returned to Jabne 10. R. where he, in connection with some teachers, reopened an acad As emy, and assumed the hereditary dignity of a patriarch. the returning disciples of R. Akiba, who were the leading Usha as the seat of the Sanhedrin, R. Simon was obliged to transfer his academy to that city, and appointed R. Nathan as Ab Beth-din (vicepresident), and R. Meir as Chacham (advising sage, or speaker). teachers of that generation, preferred new Both of these officers had to retire however, when found plan ning his deposal on account of some marks of distinction introduced in order to raise the patriarchal dignity. He did not enjoy the privilege of his predecessors to be titled Rabban (our teacher), but like the other teachers, he was simply called Rabbi (my teacher), f probably because many of his contem Still, his legal poraries were superior to him in learning. which are in Mishna and the opinions, frequently quoted Boraitha, give evidence that he was a man of considerable learning and of sound and clear judgment as well as of noble He introduced several legal provisions for the principles. protection of the rights of women and slaves, and for the general welfare of the community. All his opinions expressed in the Mishna, with the exception of only three cases, are re garded by later teachers as authoritative (Halakha). His discussions recorded in the Mishna and Boraitha are mostly * That R. Akiba had a son by the name of R. Joshua is stated in a Boraitha ; but the identity of this son with R. Joshua b. Korcha is conclusively disproved by the Tosaphist Rabenu Tarn in his remarks on Sabbath isoa, and B. Bathra lisa. f called There are, however, some passages Rabban. in the Mishna and Gemara in which he is HISTORICAL AND LITERARY INTRODUCTION. 19 R. Simon b. have been acquainted also with the Greek Gamaliel appears to language and sciences. Apart from the great circle of teachers mentioned above, the disciples of R. Ishmael b. Elisha formed a school in the extreme South of Judea (Darom), where they continued the methods of their teacher. Of this separate school, called Debe R. Ishmael, only two members are mentioned by name: R. Josiah and R. Jonathan. held with his celebrated son, R. Jehuda Hanasi. FIFTH GENERATION. This generation extends from the death of R. Simon b. Gamaliel II., to the death of R. Jehuda Hanasi (from 165 to about 200). The following are the most prominent teachers of this generation (i) R. Nathan (the Babylonian); : (2) Symmachos; (3) R. Jehuda Hanasi (the Patriarch), called simply Rabbi; (4) R. Jose b. Juda (5) R. Elazar b. Simon (6) R. Simon b. Elazar. Strack places these in the fourth generation and adds (7) Dustayi b. Janai; (8) Simeon b. Jehuda, of the village Akum; (9) Achia b. Joashai; (10) Jacob; (n) Itzchok; (12) Eliezar 1). Simeon b. Johai; (13) Pinchas b. Jaier; (14) Ischmael b. ; ; Menachem b. Jos (b. Chialaphta) (16) Jehudah b. Lakish; (17) Elazar Charkaper (18) Abba Elazar b. Gamla; (19) Simon b. Jos b. Lecunia; (20) Simon b. Menascha; (21) Jos; (15) ; ; Jehudah b. Tamah. The junior sages of. the fifth generation Strack quotes thus (i) Hyye Rabbi (the Great); (2) Eliezer b. Kappara; (3) Simeon b. Halafta; (4) Lewi b. Sissi; (5) Simai. Both Mielziner and Strack do not count Simon Shezurri, one of the great Tanaim who belongs to the third generation, and who is mentioned in the Mishna several times, and of whom it is said (Menachoth, 30 b), Everywhere the name of Simeon Shezurri is mentioned, the Halakha prevails in accordance with We would also count Wradimus b. R. Jose though him." according to some he was identical with Menachem, and who was one of the greatest Tanaim in the time of Rabbi. (See I. H. Weiss, p. 166.) His father, [See Appendix No. I.] : " THE HISTORY OF THE TALMUD. 20 R. Jose, quotes him as the author of a Halakha (Tosephtha, Baba Metzia). Characteristics and Biographical Sketches. 1 R. Nathan was the son of one of the exilarchs in Babylon, and probably received his education in his native country. For some unknown reasons he emigrated to Judea, and on ac count of his great learning he was appointed by the patriarch, R. Simon b. Gamaliel, to the dignity of Ab-Beth-din (chief He had Justice or vice-president), in the Sanhedrin of Usha. to retire from this office because of his and R. Meir s dissension with the patriarch, but was soon reinstated and became recon ciled with the Synhedrial president, who held him in high . Also the suceeding patriarch, R. Jehuda, with whom he had many discussions on questions of the law, speaks of him esteem. with great respect. R. Nathan was not only an authority in the rabbinical law, especially in jurisprudence, but appears also to have been well versed in mathematics, astronomy and To him is ascribed the authorship of Aboth a kind of Tosephta to Pirke Aboth. 2. Symmachos was a prominent disciple of R. Meir and After the death distinguished for his great dialectical powers. he well of his teacher, as as other disciples of R. Meir were ex other sciences. de R. Nathan, which is cluded from the academy of R. Jehuda Hanasi, as they were charged with indulging in sophistical disputations in order to display their dialectical sagacity, instead of seeking after truth. Nevertheless the Mishna as well as the Tosephta makes mention of the opinions of Symmachos. His renown lay in the rab binical jurisprudence, in which he laid often referred to in the Talmud. down certain principles R. Jehuda (Judd) Hanasi, by way of eminence simply called Rabbi, was a son of the patriarch R. Simon b. Gamaliel 3. II., and is said to have been born on the same day when R. Akiba was executed. His principal teachers were R. Simon b. Jochai and R. Elazar b. Shamua, under whose guidance his intellectual capacity and splendid talents early developed. Besides his immense knowledge of the whole range of the tra ditional law, he had a liberal education in secular branches and was especially acquainted with the Greek language, which he HISTORICAL AND LITERARY INTRODUCTION. 21 preferred to the Syriac, the popular language of Palestine at that time. After the death of his father he succeeded him in the dignity of patriarch, and became the chief authority, eclips ing all other teachers of that generation. Though blessed with great riches, he preferred to live in a simple style and applied maintenance of his numerous pupils and to The seat of his academy was first at Bethcharitable works. his wealth to the Shearim, afterward at Sepphoris, and also at Tiberias. Among most distinguished disciples were R. Chiya (Simon) bar Kappara; Levi bar Sissi; R. Abba Areca, later called Rab; Mar Samuel, and many others. He is said to have been in a friendly relation with one of the Roman emperors, either his : ; Marcus Aurelius, or more probably, Lucius Verus Antoninus. By virtue of his authority R. Jehuda abolished several customs and ceremonies which, though sanctified by age, had become impracticable through the change of times and circumstances. His most meritorious work, by which he erected for himself a monument of enduring fame, was the completion of the Mishna compilation which henceforth became the authoritative code of the traditional law and superseded all similar compilations made by former teachers. R. Jose ben Juda (b. Ilai) belonged to the great teachers of that generation and was a friend of R. Jehuda Hanasi. His 4. legal opinions are frequently recorded in the in the Tosephta. Mishna as well as 5. R. Elazar b. Simon (b. Jochai) was a disciple of R. Simon Gamaliel and of R. Joshua b. Korcha. Although an au thority in the rabbinical law to whom even the patriarch some b. times yielded, he incurred the severest censure of his colleagues for having, on a certain occasion, lent his assistance to the Romans in prosecuting some Jewish freebooters. Simon Elazar (probably E. b. Shamua), was a dis He estab ciple of R. Meir, whose opinions he often quotes. lished several important principles, especially in the civil law. 6. R. b. SIXTH GENERATION. To this generation belong the younger contemporaries and They are not mentioned in the disciples of R. Juda Hanasi. Mishna, but in the Tosephta and Boraitha, and are therefore THE HISTORY OF THE TALMUD. 22 termed semi-Tanaim, who form a connecting link between the period of Tanaim and that of the Amoraim. Their names are : Plimo; (2) Iseb. Juda; (3) R. Elazar b. Jose (4) R. Ishmael bar Jose; (5) R. Juda b. Lakish; (6) R. Chiya; (7) (i) ; R. Acha; (8) R. Abba (Areca). There is no sixth generation according to Strack, and all who are mentioned here he includes in the fifth generation. We have to remark that all the eight mentioned above by Mielziner, as they formed the last generation of the Tanaim, are also named Amoraim and therefore we find stated in many places in the Talmud where one of the above-mentioned is in He is a Tana, and has conflict with a Mishna or a Boraitha the right to differ with the authorities of the Mishna or the ; " : Boraitha." The most prominent among these semi-Tanaim were R. Chiya and R. Abba (Areca). 1. R. Chiya (bar Abba) the elder, which epithet is to dis tinguish him from a later Amora by the same name, was a Babylonian who came at an already advanced age to Palestine, where he became the most distinguished disciple and friend Jehuda Hanasi. He and his disciple R. Oshaya (or Hoshaya) are regarded as the principal authors or compilers of R. of the Tosephta. 2. R. Abba (Areca) a nephew of R. Chiya, was likewise a Babylonian, and a disciple of R. Jehuda Hanasi, after whose death he returned to his native country, where, under the his torical name of Rab, he became the principal Amora. (See the following chapter.) Of other distinguished teachers flourishing in this generation and in the beginning of the period of the Amoraim, we have to and R. Jonathan (the The former elder). Sepphoris and was one of the teachers of R. Jochanan bar Naphacha, the greatest among the Palestinian Amoraim. mention especially^?. Janai (the elder), lived in CHAPTER III. THE AMORAIM OR EXPOUNDERS OF THE MISHNA. As the Mishna compilation of R. Jehuda Hanasi became the authoritative code of the oral Law, the activity of the HISTORICAL AND LITERARY INTRODUCTION. 23 teachers was principally devoted to expounding this code. This was done as well in the academies of Tiberias, Sepphoris, Casarea in Palestine, as in those of Nahardea, Sura, and later Pumbaditha and some other seats of learning in Babylonia. The main object of the lectures and discussions in those acad emies was to interpret the often very brief and concise expres sion of the Mishna, to investigate its reasons and sources, to of reconcile seeming contradictions, to compare its canons with those of the Boraithoth, and to apply its decisions and estab new cases not yet provided for. The who were engaged in this work, which finally became lished principles to teachers embodied in the Gemara, are called Amoraim, meaning speak ers, interpreters, expounders.* They were not as independent in their legal opinions and decisions as their predecessors, the Tanaim and semi-Tanaim, as they had not the authority to contradict Halakhoth and principles accepted in the Mishna or Boraitha. The Palestinian Amoraim, having generally been ordained by the Nasi, had the title of Rabbi, while the Baby lonian teachers of that period had only the title of Rab or of Mar. The period of Amoraim extends from the death of R. Jehuda Hanasi to the compilation of the Babylonian Talmud that is, from the beginning of the third to the end of the fifth century. This period has been divided by some into six, by others into seven, minor periods or generations, which are determined by the beginning and the end of the activity of the most prominent teachers flourishing during ; that time. The number of Amoraim who are mentioned in the Talmud amounts to several hundreds. The most distinguished among them, especially those who presided over the great academies, * In a more restricted meaning the term Amora({rom nifies the same as Methurgcman (the interpreter), that is, "IDK, to say, to speak) sig the officer in the academies who, standing at the side of the lecturer or presiding teacher, had to announce loudly and explain to the large assembly what the teacher just expressed briefly and in a low voice. The term Tana, which generally applies only to the teachers mentioned in the Mishna and Boraitha, is in the period of Amoraim sometimes used also to signify one whose special business it was to recite the memorized Boraithoth to the expounding A Tana (teacher) In this sense the term is to be understood in the phrase teachers. repeated a Boraitha (or taught same) before so and so, etc. : THE HISTORY OF THE TALMUD. 24 are contained in the following chronological tables of the six generations of Amoraim.* THE FIRST GENERATION OF AMORAIM. A. 1 . 2. 3. Palestinian (219-279). R. Chanina bar Chama. R. Jochanan (bar Napacha). R. Simon ben Lakish (Resh B. i . 2. Babylonian (219-257). Areca, called simply Rab. (Mar) Samuel. Abba Lakish). 4. R. Joshua ben Levi. Strack adds to the Hama first generation of the Palestinian, (5) Jehuda; and (8) Hiskiah sons of b. Biza; (6) Janai; (7) Hyye; (9) Bnya or Bnaah; (10) Pdaya or Jehuda b. Pdaya; (n) Hoshia b. Hanninah b. Biza, named Rabbh the Great; (12) Jose b. Zimra; (13) Simon b. Yehozodak. To the Babylonian Amoraim he adds, (3) Shila (4) Abba b. Abba (father of Mar Samuel); (5) Kama f (6) Mar ; ; Uqba (the Exilarch). All the Palestinian Amoraim named here are very often mentioned in the Babylonian Talmud, and as their biograph ical sketches are interesting we could not omit them. Biographical Sketches. A. PALESTINIAN AMORAIM. During this generation R. Gamaliel III. and R. Judah II. were successively the patriarchs. i. R. Chanina bar Chama (born about 180, died 260), was a disciple of R. Jehuda Hanasi, whose son and successor, R. Gamaliel III., bestowed on him the title of Rabbi. He then presided over his own academy regard on account of and stood in high As modesty and piety. in Sepphoris his learning, * Some scholars count the semi-Tanaim as the first generation, and have con The period of Palestinian Amoraim sequently seven instead of six generations. being much shorter than that of the Babylonian, ends with the third generation of the Frankel in his introduction to the Palestinian Talmud, treating especially of latter. Amoraim, divides them also into six generations. was appointed by Mar Samuel to examine Rab. (Will be translated the Palestinian f Who Tract Kethubath.) in HISTORICAL AND LITERARY INTRODUCTION. 25 teacher he was very conservative, transmitting that only which he had received by tradition, without ever allowing himself an independent decision. Of his prominent contemporaries are R. Ephes, who reopened a school at Lydda, in South Judea Levi b. Sissi (called simply Levi), who, though not presiding over an academy, was a distinguished teacher, and later emi grated to Babylonia; further Chizkia, who was a son of R. : ; Chiya the Elder, and whose teachings are frequently quoted in the Talmud. This Chizkia, who had not the title of Rabbi, must not be mistaken for R. Chizkia, who belonged to the third generation. 2. R. Jochanan bar Napacha, in general called simply R. Jochanan (born about 199, died 279), was in his early youth a disciple of R. Jehuda Hanasi, later of R. Oshaya in Caesarea, also of R. Janai, and especially of R. Chanina b. Chama. He then founded his own academy in Tiberias, which henceforth became the principal seat of learning in the Holy Land. By mental powers he excelled all his contemporaries, and In expounding the is regarded the chief Amora of Palestine. Mishna he introduced an analytical method, and laid down certain rules for the final decision in such cases in which the Tanaim expressed opposite opinions. His legal teachings, his great and exegetical remarks, transmitted by his disciples, form the principal elements of the Gemara. He is supposed to have laid the foundation of the Palestinian Talmud, though, in its present shape, this work can not have ethical aphorisms, numerous been compiled before at least one century after R. Jochanan s death.* 3. R. Simon b. Lakish, whose name is generally abbrevi ated to Resh Lakish, was a man who combined great physical It is said strength with a noble heart and a powerful mind. that in his youth he was compelled by circumstances to gain his livelihood as a gladiator or soldier, until making the ac quaintance of R. Jochanan, who gained him for the study of the law and gave him his sister in marriage. Having developed * As to further characteristics of this and the other prominent Amoraim, the fol lowing works may be consulted Graetz, History of the Jews," Vol. IV.; Z. Fran" : " kel, " Mebo" padie," Asien," ; I. II. Weiss, Dor Dor," Vol. III.; " I. Hamburger, Real Encyclo- Kultur und Literaturgeschichte der Juden in Besides, J. FUrst, which treats especially of the Babylonian academies and teachers during the Vol. II. period of the Amoraim. " THE HISTORY OF THE TALMUD. 26 extraordinary mental and dialectical powers, he became R. Jochanan s most distinguished friend and colleague. In the and in legal questions they differed, and their numerous controversies are re interpretation of the Mishna however, very often, ported in the Babylonian Talmud as well as in the Palestinian. Also is his Hagadic teachings, Resh Lakish was original and ad vanced some very rational views. 4. R. Joshua b. Levi (ben Sissi) presided over an academy He is regarded as a great authority in the law, and in Lydda. his decisions prevail even in cases where his celebrated con temporaries, R. Jochanan and Resh Lakish differ from him. Though himself a prolific Hagadist, he disapproved of the vagaries of the Hagada, and objected to their being written down in books. The circumstance that, on a certain occasion, his prayer for rain proved to be efficient, probably gave rise to the mystic legends with which the fancy of later genera tions tried to illustrate his great piety. To other celebrities flourishing in this generation belongs R. who later settled in Nahardea. He was re Simlai of Lydda, teacher of the Halakha than for his ingenious and lucid method of treating the Hagada. puted less as B. BABYLONIAN AMORAIM. Abba Areca (or Aricha) was the real name of the chief Babylonian Amora, who, by w ay of eminence, is generally called Rob (the Teacher). He was born about 175 and died 247. As an orphaned youth he went to his uncle, the celebrated R. i. r Chiya in Palestine, to finish his studies in the academy of R. Jehuda Hanasi. The mental abilities which he displayed soon attracted general attention. After the death of R. Jehuda, Abba returned to his native country, and in the year 219 1,200 pupils flocked founded the academy in Sura, where around him from all parts of Babylonia. His authority was recognized even by the most celebrated teachers in Palestine. Being regarded as one of the semi-Tanaim, he ventured in some instances even to dispute some opinions accepted in the of the Mishna, a privilege otherwise not accorded to any Amoraim. Most of his decisions, especially in ritual questions, obtained legal sanction, but in the civil law his HISTORICAL AND LITERARY INTRODUCTION. 27 Samuel in Nahardea was his superior. Over one hun dred of his numerous disciples, who transmitted his teachings and decisions to later generations, are mentioned in the Talmud friend their names. by Samuel, or Mar Samuel, was born about 180 in Nahardea, His father, Abba bar Abba, and Levi b. Sissi died there 257. were his first teachers. Like Rab he went to Palestine and became a disciple of Rabbi Jehuda Hanasi, from whom, how 2. After his return to ever, he could not obtain the ordination. in he R. Shela the succeeded Nahardea, dignity of president of Besides the law, he the academy (Resh-Sidra) in that city. cultivated the sciences of medicine and astronomy. As Amora he developed especially the rabbinical jurisprudence, in which he was regarded as the greatest authority.* Among other im portant principles established by him is that of Dina d malchutha Dina" that is, the civil law of the government is as valid for the Jews as their own law. The most friendly and relation Samuel and Rab, although between prevailed brotherly in differed of the often law. After Rab s death questions they (247), his disciples recognized Samuel as the highest religious authority of Babylonia. He died about ten years later, leav ing behind numerous disciples, several of whom became the " leading teachers in the following generation. A distinguished contemporary of head of the court first in Kafri, and Samuel was Mar later Exilarch in Uqba, at Nahardea. THE SECOND GENERATION OF AMORAIM. A. 1. 2. Palestinian (279-320). R. Elazar b. Pedath. R. Ame. 5. R. Assi. R. Chiya bar Abba. Simon bar Abba. 6. R. Abbuhu. 7. R. Zera (Zeira). 3. 4. To the second generation (8) i. 2. 3. 4. 5. B. Babylonian (257-320). Rab Rab Rab Rab Rab Huna. Juda bar Jecheskel. Chisda (or Chasda). Shesheth. Nachman Mar Samuel made Talmud by the phrase " Jacob. of the Palestinian, Strack adds, Jehudah the Second (son of Gamalia * b. III.), (Johanan and also a compilation of Boraithoth, which the disciples of Samuel." is quoted in the THE HISTORY OF THE TALMUD. 28 Simon Lakish Strack refers to the second generation) (9) (10) Alexanderi; (u) Khana; (12) Chia bar Joseph; (13) Jos b. Chaninah (14) Abbab. Zabdah, and (15) b. ; Hilfa or Ufa; ; Simlaie. To Ahba the Babylonian Strack adds, (6) Ktinah (8) ; Rabba b. Abuhu, and (9) Remarks and Biographical A. (7) Adda b. Sketches. PALESTINIAN AMORAIM. The patriarchate during in the ; Mathna. hands of R. Gamaliel was successively and R. Judah III. this generation IV., R. Elazar ben Pedath, generally called simply R. Elazar, Tana R. Elazar (ben Shamua), for whom he must not be mistaken, was a native of Babylonia, and a disciple and 1. like the an associate of R. Jochanan, whom he survived. He enjoyed great authority and is very often quoted in the Talmud. 2. and 3. R. Ame and R. As si were likewise Babylonians, and distinguished disciples of R. Jochanan. After the death of R. Elazar they became the heads of the declining academy in Tiberias. They had the title only of Judges, or the Aaronites of the Holy Land," and subordinated themselves to the growing authority of the teachers in Babylonia. Rabbi Assi is not to be confounded with his contemporary the Babylonian Amora Rab Assi, who was a colleague of Rab Saphra and a later disciple of Rab in Sura.* 4. 5. R. Chiya bar Abba and Simon bar Abba were prob ably brothers. They had emigrated from Babylonia and be came disciples of R. Jochanan. Both were distinguished and In questions of the law they were teachers, but very poor. inclined to rigorous views. R. Abbahu of Caesarea, disciple of R. Jochanan, friend and colleague of R. Ame and R. Assi, was a man of great wealth 6. and of a liberal education. He had a thorough knowledge of the Greek language, and favored Greek culture. Being held in high esteem by the Roman authorities, he had great political He seems to have had frequent controversies with influence. the teachers of Christianity in Cassarea. * See Tosephoth Chullin, iga. Besides being a HISTORICAL AND LITERARY INTRODUCTION. 29 prominent teacher whose legal opinions are quoted in all parts and Babylonian Talmud, he was a verylecturer. popular 7. R. Zeira (or Zero), was a Babylonian and a disciple of Rab Juda bar Jecheskel, but dissatisfied with the hair-splitting method prevailing in the academies of his native country, he emigrated to Palestine where he attended the lectures of R. Elazar b. Pedath in Tiberias, and tried, in vain, to unlearn his former method of study. Having been ordained as Rabbi, he became one of the authorities in Palestine, together with R. Ame, R. Assi and R. Abbuhu. of the Palestinian BABYLONIAN AMORAIM. B. Rab Huna (born 212, died 297) was a disciple of Rab, after Mar Samuel s death, he succeeded as president of In this office he was active for forty the academy in Sura. He employed fifteen assistants to repeat and explain years. 1. w hom, r his lectures to his 800 disciples. learning and his noble character, Highly revered for his great he enjoyed an undisputed authority to which even the Palestinian teachers R. R. Assi voluntarily subordinated themselves. Ame and Rab Juda bar Jecheskel, generally called simply R. Juda Jehuda), was a disciple of Rab, and also of Samuel. The latter teacher, whose peculiar method he adopted and devel oped, used to characterize him by the epithet, "the acute." 2. (or He founded the academy in Pumbaditha, but after R. Huna s death he was chosen as his successor (Resh Methibta), at Sura, where after two years (299), he died at an advanced age. Rab Chisda (or Chasda) belonged to the younger dis Rab, after whose death he attended also the lectures of R. Huna. But from the latter teacher he soon separated on account of a misunderstanding between them, and estab lished a school of his own. At the same time, he was one of 3. ciples of After Rab Juda s death, R. Chisda, above already eighty years old, became head of the though in and remained in this office for about ten years. Sura, academy Rab a Rab and Samuel, was member of Shesheth, 4. disciple the Judges in Sura. of the court in Nahardea. he went to Mechuza ; later After the destruction of that city he settled in Silhi, where he founded THE HISTORY OF THE TALMUD. 30 Being blind, he had to rely upon his powerful R. Chisda s opponent in the Halakha, and memory. of the disapproved hair-splitting dialectical method which had come in vogue among the followers of Rab Juda in Pumbaditha. an academy. He was 5. Rab Nachman b. Jacob, called simply Rab Nachman, was a prominent disciple of Mar Samuel. By his father-in-law, the exilarch Abba bar Abuha, he was appoined chief justice in Nahardea. After Mar Samuel s death, he succeeded him as rector of the academy in that city. When two years later Nahardea was destroyed, R. Nachman settled (259), the city of He is regarded as a great authority especially in the rabbinical jurisprudence, in which he established many im portant principles. Among others, he originated the rabbinical in Shechan-Zib. oath, that is, the purging oath imposed in a law suit on claims even in cases of general denial on the part of the defendant. Of other teachers belonging to this generation, who, though not standing at the head of the leading academies, are often quoted in the Talmud, the following must be noted (a) Rabba bar bar Ghana, who was a Babylonian and son : Abba bar Ghana. After having attended the academy of R. Jochanan in Palestine, he returned to his native country, where he frequently reported the opinions of his great teacher. of He to is also noted for the him in the many allegorical narratives ascribed Talmud. was a Palestinian who frequently travelled to Babylonia, where he finally settled and died. Al of without the Rabbi or title he was Rab, though regarded as a distinguished teacher whose opinions and reports are often (b) Ulla (b. Ishmael), mentioned. THE THIRD GENERATION OF AMORAIM. A. 1. 2. 3. B. Palestinian (320-359). R. Jeremiah. R. Jonah. R. Jose. Babylonian (320-375). Rabba bar Huna. 2. Rabba bar Nachmani. 3. Rab Joseph (bar Chiya). i. 4. 5. 6. 7. Abaye. Rabha. Rab Nachman bar Rab Papa. Isaac. HISTORICAL AND LITERARY INTRODUCTION. 31 To the Palestinian, Strack adds, (4) Samuel b. Nachman the (in Babylonian he is mentioned as Nachmani) (5) Itzhak the second (his contemporary in Babylonia is Nachman b. ; Jacob); b. (6) Abba eration) Lewi; II. ; Abuhu; (7) (8) Ami; (9) Assi; (10) Hyya (Elazar b. Pedath he quotes in the third gen (n) Simeon mentioned among b. Abba; the second Itzhak; (14) Hilla or Illeh ; (12) Simur (also Zera is generation); (13) Samuel b. Hoshia the sec (15) Zrika; (16) ond; (17) Chananiah (the colleague of the Rabbinat)*; (18) Janai b. Ishmael; (19) Joshua; (20) Ban b. Mamal (in Baby lonia named Abba b. Mamal) (21) Jacob b. Ide; (22) Itzhak ; Bibe; (Haggi and Jeremiah Strack quotes as belonging also to the fourth generation). To the Babylonian, Strack adds, (8) Chisda; (9) Hamnuna; (10) Shesheth (n) Nachma b. Jacob; (12) Rabba b. Nachma; (23) Maysha; (24) ; b. b. and Hanna; (15) (13) Ulla b. Ishmael; (14) Joseph b. Remarks and Biographical A. Rabba b. Nachmene, Hiah. Sketches. PALESTINIAN AMORAIM. The patriarch of this period was Hillel the fixed Jewish calendar. II., who introduced In consequence of the persecutions and the banishment of several religious teachers under the emperors Constantine and Constantius, the Palestinian academies entirely decayed. The only teachers of any prominence are the following: 1. R. Jeremiah was a Babylonian and disciple of R. Zeira, whom he followed to Palestine. In his younger days, when still in his native country, he indulged in propounding puzzling questions of trifling casuistry, by which he probably intended to ridicule the subtile method prevailing among some of the contemporary teachers, and on this account he was expelled from the academy. In the Holy Land he was more appre ciated, and, after the death of R. Abbahu and R. Zeira, was acknowledged as the only authority in that country. 2. R. Jonah was a disciple of R. Ila (Hila) and of R. Jere* There are eight Tanaim and twenty-three Amoraim named Chananiah. do not remember who was called so as Strack did. We THE HISTORY OF THE TALMUD. 32 His opinions are frequently quoted, especially in the Palestinian Talmud. miah. 3. R. Jose (bar Zabda), colleague of R. Jonah, was one of the last rabbinical authorities in Palestine. It is probable that the compilation of the Palestinian it cannot be Talmud was accomplished about that time, though stated by whom. B. BABYLONIAN AMORAIM. bar Huna was not, as erroneously of the son the exilarch Huna Man, but of supposed by some, and of Rab. successor After the death Rab Huna, the disciple 1. Rabba Rab Abba) (or of R. Chisda (309), he succeeded him in the dignity of president academy in Sura. Under his presidency, lasting thir of the academy was eclipsed by that of Pumbaditha, remained deserted for about fifty years until Rab Ashe restored it to its former glory. 2. Rabba bar Nachmani, in the Talmud called simply Rabba was born 270, and died 330. He was a disciple of Rab Huna, Rab Juda and Rab Chisda, and displayed from his youth great dialectical powers on account of which he was characterized Selected as head of the as "the uprooter of mountains." he of attracted Pumbaditha, academy large crowds of hearers of In his lectures which his method teaching. ingenious by all commented on parts of the Mishna, he investigated the teen years, this and after his death it reason of the laws and made therefrom logical deductions. Besides, he tried to reconcile seeming differences between the Mishna, the Baraithoth, and the traditional teachings of later authorities. He also liked to propound puzzling problems of the law, in order to test and sharpen the mental powers of his A charge having been made against him by the disciples. Persian government that many of his numerous hearers at tended his lectures in order to evade the poll-tax, he fled from Pumbaditha and died in solitude. 3. Rab Joseph (bar Chiya) was a disciple of Rab Juda and Rab Shesheth, and succeeded his friend Rabba in the dignity of president of the academy in Pumbadita, after having once before been elected for this office, which he declined in favor of Rabba. On account of his thorough knowledge of the sources HISTORICAL AND LITERARY INTRODUCTION. 33 of the Law, to which he attached more importance than to Besides being a ingenious deductions, he was called Sinai. great authority in the rabbinical law, he devoted himself to the Targum of the Bible, especially of the prophetical books. He died in the year 333, after In his old age he became blind. over the academy of Pumbaditha only for having presided three years. Abaye, surnamed Nachmani (b. 280, d. 338) was a son Kay HI and a pupil of his uncle Rabba bar Nachmani, and of 4. of Rab Joseph. He was highly esteemed not only for his pro found knowledge of the law and his mastership in Talmudical After Rab dialectics, but also for his integrity and gentleness. Joseph s death he was selected as head of the academy in Pum baditha, but under his administration, which lasted about five years, the number of hearers in that academy decreased con siderably, as his more talented colleague Raba had founded a new academy in Machuza which attracted greater crowds of Under these two Amoraim the pupils. dialectical method of the Babylonian teachers reached the highest development. Their discussions, which mostly concern some very nice dis tinctions in the interpretation of the Mishna, in order to recon In cile conflicting passages, fill the pages of the Talmud.* their differences opinion of Raba concerning more practical questions, the generally prevails, so that later authorities pointed out only six cases in which the decision of Abaye was to be adopted against that of his rival. 5. Raba was the son of Joseph b. Chama in Machuza. was born 299, lectures of Rab Abaye were He and died In his youth he attended the 352. Nachman and of R. Chisda. Later, he and fellow-students in the academy of Rabba bar Nachmani. Here he developed his dialectical powers, by which he soon surpassed all his contemporaries. He opened an acad emy in Machuza which attracted a great number of students. After Abaye s death this academy supplanted that in Pumba ditha and during Raba s lifetime became almost the only seat of learning in Babylonia. His controversies with his contem poraries, especially with his rival colleague, Abaye, are very * The often very subtile argumentations of these two teachers became so pro the critical questions of Abaye and Raba" is used in the verbial that the phrase Talmud " as a signification of acute discussions and minute investigations. 3 ii THE HISTORY OF THE TALMUD. 34 Wherever an opinion of Abaye is recorded in the Talmud, it is almost always followed by the contrary view and argument of Raba. 6. Rab Nachman b. Isaac was a disciple of Rab Nachman (b. Jacob), and afterward an officer as Resh Calla in the acad emy of Raba. After the death of the latter he was made president of the academy in Pumbaditha, which now resumed In this capacity he remained only four years its former rank. and no remarkable traces of his activity. Still left (352-356), less significant was the activity of his successor, R. Chama from numerous. Nahardea, who held the office for twenty-one years (356-377). 7. Rab Papa (bar Chanan), a disciple of Abaye and Raba, founded a new school in Nares, in the vicinity of Sura, over which he presided for nineteen years (354-375). He adopted the dialectical method of his former teachers without possess ing their ingenuity and their independence, and consequently did not give satisfaction to those of his hearers who had for merly attended the lectures of Raba. One of his peculiarities was that he frequently refers to popular proverbs people say.* THE FOURTH GENERATION OF BABYLONIAN AMORAIM. (375-427). i. A. Sura. Rab Ashe. i. 2. 3. 4. 5. B. Pumbaditha. C. Rab Zebid. Rab Dime. Amemar. Nahardea. Rafram. Rab Kahana. Mar Zutra. To the fourth generation Strack adds, (i) Jeremiah (who though a Babylonian native, emigrated to Palestine, and was counted among the Palestinian) (2) Haggi; (3) Juda the third ; (Nassi), son of Gamaliel the fourth; (4) Jona; (5) Josa the second (colleague of Jona) (6) Pinchas (who also emigrated from Babylonia); (7) Judan; (8)Chelbo; (9) Hisda; (10) Chinna; (n) Tabbi; (12) Juda b. Pazi, from Lydda, and ; * This who had the Rab Papa must academy tical not be mistaken for an elder teacher by the same name, ten sons, all well versed in the law, one of with of Rab Pumbaditha whom, Rafram, became head of Neither is Rab Papa iden in the following generation. Papi, a distinguished lawyer who nourished in a former generation. HISTORICAL AND LITERARY INTRODUCTION. 35 Concerning the fourth genera (13) Jehoshua of Siknin. also Abbaye and Rabha, and he counts tion of Babylonian, adds to the Rabha b. list of Mielziner, colleges of Sura, Rabba b. Mari, Rabbi b. Ulla, Pumbaditha and Nahardea. Remarks and Biographical A. Rob and Strack does not distinguish between the Shilla. A she (son of Sketches. Simai bar Ashe) was, at the age of twenty, made president of the reopened academy of Sura, after the death of Rab Papa, and held this office for fifty-two years. Under his presidency, this since the time of academy, which had been deserted its former glory Rabba bar Huna, regained Rab had invested it. Combining the profundity which of knowledge formerly prevailed in this academy with the dialectic methods developed in that of Pumbaditha, he was generally recognized as the ruling authority, so that his con temporaries called him by the distinguishing title of Rabbana Invested with this great authority, Rab Ashe (our teacher). was enabled to assume the task of sifting, arranging and com piling the immense material of traditions, commentaries and discussions on the Mishit!which, during the two preceding in In the Babylonian academies. had accumulated centuries, the compilation and revision of this gigantic work, which is embodied in the Gemara, he was occupied for over half a cen tury, and still he did not complete it entirely, but this was done, after his death, by his disciples and successors. B. During the long period of Rab Ashe s activity at the with which ., in Sura, the following teachers presided successively over the academy in Pumbaditha 1. Rab Zebid (b. Oshaya), who succeeded Rab Chama and held the office for eight years (377-385). academy : 2. Rab Dime (b. Chinena) from Nahardea, presiding only for three years (385-388). 3. Rafram bar Papa the Raba, succeeded R. elder, in his youth a disciple of Dime (388-394). likewise a disciple of Raba, was one of the former teachers of R. Ashe. In an already ad vanced age, he was made president of the academy of Pum 4. Rab Kahana (b. Tachlifa), 1 baditha, and died in the year 411. This Rab Cahana must THE HISTORY OF THE TALMUD. 36 not be mistaken for two other teachers of the same name, one of whom had been a distinguished disciple of Rab, and the other (Rab Cahana b. Manyome), a disciple of Rab Juda b. Jecheskel. 5. Mar Zutra, Rab Cahana who, according to some historians, succeeded as rector of the school in Pumbaditha (411-414), probably identical with Mar Zutra b. Mare, who shortly afterwards held the high office as Exilarch. In the rectorship of Pumbaditha he was succeeded by Rab Acha bar Raba (414- is 419), and the latter by Rab Gebiha (419-433). C. Amemar, a friend of Rab Ashe, was a distinguished judge and teacher in Nahardea. When his former teacher Rab Dime became president of the academy in Pumbaditha, he succeeded him in the rectorship of that of Nahardea, from 390 to about 422. With him this once so celebrated seat of learning passed out of existence. THE FIFTH GENERATION OF BABYLONIAN AMORAIM A. 1. 2. 3. 4. B. Rab Ide bar Abin. Mar bar Rab Ashe. Rab Acha of Difte. To b. Sura. Mar Jemar (Maremar). (427-468). Pumbaditha. i. Rafram 2. Rechumai. 3. Rab Sama II. Rabba. b. Abba Mana the the fifth generation of Palestinian Strack adds, (i) Kohen; Abba Mare; (3) Mattanjah; second b. Jona; (5) Chananiah the second; (6) Jos b. Bune; (7) Jona of Bozrae; (8) Tanhum, and (9) Chiah b. Adda the (2) (4) second. To the Babylonian b. Itzhak; (2) Papa; fifth (3) generation he counts, Huna b. (i) Nachman Johusua. Remarks and Biographical Sketches. i. Mar Jemar (contracted to Maremar), who enjoyed esteem with the leading teachers of his time, succeeded high A. his colleague and friend, Rab Ashe, in the presidency of the academy in Sura, but held this office only for about five years, (427-432). Ada) bar Abin, became, after Mar Jemar s death, president of the academy at Sura, and held this office 2. Rab Ide (or HISTORICAL AND LITERARY INTRODUCTION. 37 He as well as his pre about twenty years (432-452). decessor continued the compilation of the Talmud which Rab for Ashe had commenced. 3. Mar bar Rab Ashe, whose surname was Tabyome, and who, for some unknown reasons, had been passed over in the election of a successor to his father, was finally made president of the academy in Sura, and filled this office for thirteen years, In (455-468). authorities, faculties of his frequent discussions with contemporary exhibits independence of opinion and great he mind. Rab Acha prominent teacher, was on the point academy of Sura, but was finally defeated by Mar bar Rab Ashe, who aspired to that office which his father had so gloriously filled for more than half a century. B. The academy of Pumbaditha, which had lost its earlier 4. of Difte, a of being elected as head of the had during this generation successively three presi whose activity very little is known, namely: 1. Rafram II., who succeeded Rab Gebihah, from 433 to 443. 2. Rab Rechumai, from 443-456. 3. Rab Santa b. Rabba, from 456-471. Toward the end of this generation, the activity of both academies was almost paralyzed by the terrible persecutions which the Persian King Firuz instituted against the Jews and influence, dents, of their religion. THE SIXTH AND LAST GENERATION OF BABYLONIAN AMORAIM (468-500). A. B. Sura. 1. Rabba Thospia 2. Rabina. (or Tosfaah). Rab Pumbaditha. Jose. To the sixth generation of Palestinian Strack adds, (i) Samuel b. Jose b. Bune, and to the Babylonian, (i) Ashi; (2) Rabban bar Thachlifa; (3) Mar b. Rabbina; (4) Mar Zutra. Meremar and Tospha he counts to the seventh whilst Mielziner counts them to the sixth.* * We generation, refrain from giving our own opinion on the differences between the genera and those of Mielziner for the reason, we confess, that we do not tions of Strack ; named here should be mentioned among the different generations, whilst each of them has so many contemporaries named by Halpern in his special collection of Tanaimand Amoraim, which takes up a great part in Halakha understand why only those THE HISTORY OF THE TALMUD. 38 CHAPTER IV. THE CLASSIFICATION OF HALAKHA AND HAGADA CONTENTS OF THE GEMARA. IN THE commentaries and discussions of the Amoraim on the Mishna is termed Gemara. (See our Brief Besides being a discursive Introd., Vol. I., of our Edition.) on the the Gemara contains a vast Mishna, commentary amount of more or less valuable material which does not always have any close connection with the Mishna text, as legal re ports, historical and biographical information, religious and The collection of the maxims and homiletical remarks. The whole subject-matter embodied in the Gemara is generally classified into Halakha and Hagada. To Halakha * belongs that which has bearing upon the law hence all expositions, discussions and reports which have the object of explaining, establishing and determining legal prin ciples and provisions. The principal branches of the Halakha are indicated by the names of the six sections of the Mishna, ethical ; named in Chap. IV. of this work. The Hagada f comprises everything not having the char acter of Halakha hence all historical records, all legends and parables, all doctrinal and ethical teachings and all free and ; unrestrained interpretations of Scripture. Hagada in both Talmuds and Medrashim. I. H. Weiss s method is to give the particulars of those who have much contributed to the development of the oral law but nevertheless he mentioned many of the great men without particulars. Should we say that Mielziner has adopted his method while Strack did not, it would as well as in ; also not be correct. ziner does not mention There are many whom Weiss speaks of lengthily whilst Miel them at all and vice versa. The modern scholars like Bacher, and others, took the trouble to write particulars of each one mentioned by Strack although even they omitted many who are mentioned by Halpern, and therefore we hesitate to give our own opinion on this matter. * Halakha means custom, usage, practice ; then, an adopted rule, a traditional In a more extended meaning, the term applies to matters bearing upon that law. law. f Hagada or Haggada means that which is related, a tale, a saying, an individual utterance which claims no binding authority. Regarding this term, see W. Bacher s The Origin of the Word Hagada (Agada)," in the learned and exhaustive article, Jewish Quarterly Review (London), Vol. IV., pp. 406-429. As to fuller particulars " G. Vortraege," pp. 57-61 and 83 sq. concerning Halakha and Hagada, see Zunz s also Hamburger s Real Encyclopedic," II., the articles Halacha and Agada, also above, Vol. I., Chap. V. " ; " HISTORICAL AND LITERARY INTRODUCTION. 39 According to its different contents and character, the Hagada may be divided into : Exegetical Hagada, giving plain or homiletical gorical explanations of biblical passages. 1. 2. Dogmatical Hagada, treating of God s and and punish attributes providence, of creation, of revelation, of reward ment, of future life, of Messianic time, etc. H agada and alle containing aphorisms maxims proverbs fables, sayings, intended to teach and illustrate certain moral 3 . Ethical , , , , duties. Hagada, reporting traditions and legends con the lives of biblical and post-biblical persons or con cerning cerning national and general history. Mystical Hagada, referring to Cabala, angelology, demon 5 4. Historical . ology, astrology, magical cures, interpretation of dreams, etc. Miscellaneous Hagada, containing anecdotes, observa tions, practical advice, and occasional references to various branches of ancient knowledge and sciences. 6. Hagadic passages are often, by the way, interspersed among matters of Halakha, as a kind of diversion and recreation after the mental exertion of a tiresome investigation or a minute discussion on a dry legal subject. Hagada appears in larger groups, matter with which Sometimes, however, the outweighing the Halakha loosely connected. Palestinian Talmud, it is Halakhas and Hagadas, see Chap. V. of this volume. However, as an appendix we add that which was written by Mielziner about this matter. There are two compilations of the Gemara, which differ from each other in language as well as in contents; the one Concerning the its made in Palestine is called Jerushalmi, the Jerusalem Gemara or Talmud the other, originating in Babylonia, is called Babli, the Babylonian Gemara or Talmud. ; COMPILATION OF JERUSHALMI, THE PALESTINIAN TALMUD. As no academy existed Jerusalem after the destruction customary appellation Jerusalem rather a misnomer. More correct is the appellation in of the second Temple, the Talmud is the Palestinian Talmud, or the West. Gemara of the teachers of the THE HISTORY OF THE TALMUD. 40 Maimonides in the introduction to his Mishna commentary ascribes the authorship of the Palestinian Talmud to the cele brated teacher R. Jochanan, who flourished in the third cen This statement, if literally taken, cannot be correct, tury. since so many of the teachers quoted in that Talmud are known more than a hundred years after R. Jochanan. at the utmost, have given the first a to such of collection commentaries and discussions on impulse the Mishna, which was continued and completed by his suc to have flourished This celebrated Amora may, academy of Tiberias. In its present shape the work is supposed to belong to the fourth or fifth century. Some modern scholars assign its final compilation even to a still later period namely, after the close of the Babylonian Talmud.* The Palestinian Gemara, as before us, extends only over cessors in the ; thirty-nine of the sixty-three Masechtoth contained in the Mishna, namely all Masechtoth of Seder Zeraim, Seder Moed, Nashim and But it Nezikin, with the exception of Eduyoth and Aboth. has none of the Masechtoth belonging to Seder Koda- shim, and of those belonging to Seder Teharoth Masecheth Nidda. (See Chap. V., p. 44.) Some it treats only of of its Masechtoth are defective; thus the last four of Sabbath and the last Perek of Maccoth are want Perakim Of the ten Perakim belonging to Masecheth Nidda it has the first three Perakim and a few lines of the fourth. only There are some indications that elder commentators were acquainted with portions of the Palestinian Gemara which are now missing, and it is very probable that that Gemara origi nally extended to all or, at least, to most of the Masechtoth of the Mishna. The loss of the missing Masechtoth and portions ing. thereof may be explained partly by the many persecutions which interrupted the activity of the Palestinian academies, partly not by the circumstance that the Palestinian command that general attention and Gemara did veneration which was bestowed on the Babylonian Gemara. * Critical researches on this subject are found in Geiger s Jued. Zeitschrift f. Gibeath 1870; Z. Frankel s Mebo," p. 46 sq., and in Wiesner s " " " "Wissenschaft," " Jeruschalaim I. (Vienna, 1872). H. Weiss (" Dor a colleague of R. Jonah piler of the Pal. Talmud bar Bun (Abun). Dor," III., p. 114 sq.) regards R. Jose (bar Zabda), who was and one of the last authorities in Palestine, as the very com which in the following generation was completed by R. Jose HISTORICAL AND LITERARY INTRODUCTION. OF COMPILATION THE BABLI, 41 BABYLONIAN TALMUD. The compilation of the Babylonian Talmud is generally ascribed to Rab Ashe, who for more than fifty years (375-427), It is stated that it officiated as head of the academy in Sura. took him about thirty years to collect, sift and arrange the im mense material of this gigantic work. During the remaining second half of his activity he revised once more the whole work and made in it many corrections.* But Rab Ashe did not succeed in finishing the gigantic work. It was continued and completed by his disciples and successors, especially by the last Amoraim, Rabina II., who from 488 to 499 presided over the academy in Sura, and R. Some additions were Jose, the school-head of Pumbaditha. made by the Saboraim, and even by some still later hands. The Gemara of the Babylonian Talmud covers only thirtyseven Masechtoth (tracts) of the Mishna, namely: Of Zeraim only one, Berachoth, omitting the remaining ten Masechtoth; Of Moed eleven, omitting only Shekalim, editions is replaced by the Palestinian Talmud Of Nashim division all ; our t of the seven Masechtoth belonging to that Eduyoth and Aboth eight, omitting * See ibid., Vol. I., p. 21. Those scholars who maintain that the Hanasi, but that he merely arranged same Gemara in ; Of Nezikim the which in regard to Rab Ashe s ; J Mishna was not written down by R. Jehuda it orally (see Chap. IV., p. 17), maintain compilation of the Gemara, without being able to when and by whom it was actually committed to writing. Against this opinion has been properly argued that it must be regarded as absolutely impossible for a work so voluminous, so variegated in contents and so full of minute and intricate dis cussions, as the Talmud, to have been orally arranged and fixed, and accurately state it transmitted from generation to generation. On the strength of this argument and of indications found in the Talmud, Z. Frankel (in his Mebo," p. 47) even some " Rab Ashe compiling the Gemara made use of some minor compilations which existed before him, and of some written records and memoranda containing short abstracts of the academical discussions in the preceding regards it as very probable that generations. in Collecting and arranging these records, he partly enlarged them by them just as he found them. Some traces of such fuller explanations, partly left memoranda, made probably by R. Ashe passages of the Talmud. f In our new s edition in Vol. VIII., predecessors, are we supplied a still new found brief in numerous commentary by Kodkinson. J We have placed Aboth de Rabbi Nathan under the Mishna instead of the missing Gemara Jurisprudence, Vol. I. (IX.). THE HISTORY OF THE TALMUD. 42 Of Kodashim nine, omitting Middoth and Kinnim. In Thamid only chapters I., II. and IV. are provided with Gemara, but not chapters III., V., VI. and VII. Of Teharoth only Nidda, omitting eleven Masechtoth. There being no traces of the Gemara missing to twenty-six Masechtoth, it is very probable that this part of the Gemara has never been compiled, though those Masechtoth have un doubtedly also been discussed by the Babylonian Amoraim, as is evident from frequent references to them in the Gemara on the other Masechtoth. The neglect of compiling these discussions may be explained by the circumstance that those Masechtoth mostly treat of laws which had no practical application outside This is especially the case with the Masechtoth of Palestine. of Zeraim, except Berachoth, and those of Teharoth, except Nidda. It was different with the Masechtoth belonging to Kodashim which, though treating of the sacrificial laws, are Babylonian Talmud, as it was a prevail of Rabbis that the merit of being engaged with the ing opinion the study of those laws was tantamount to the actual perform ance of the sacrificial rites. (See Talm. Menachoth, noa.)* The absence of Gemara on the Masechtoth Eduyoth and Aboth is easily accounted for by the very nature of their con tents, which admitted of no discussions. fully discussed in the THE Two GEMARAS COMPARED WITH EACH OTHER.! The each other in method the and the Babylonian Gemaras differ from language and style as well as in material, and in Palestinian of treating the same, also in arrangement. * This reason appears doubtful to us as, according to the sages, the study of the Torah, no matter of which of its branches, is esteemed higher than sacrifices and they also were not very much in favor of sacrifices at large, just as little as the old Apart from this we find there lengthy discussions about things which prophets. have never and could never have existed. We therefore think that the Gemara was composed of all the Mishnayoths, and those which are missing were simply lost in Secondly, discussions to subjects of every Mishna are scat Talmud, but were not collected, and, indeed, a Rabbi of Ishbitza in Poland, Gershon Henich Lener, took the trouble to gather the Gemara belonging to the section Purification and publish them in a very voluminous book, in 1836, with the approbation of most of the Russian and Polish rabbis. (See particulars of this the course of time. tered in the in our Phylacterian Retus, p. 122.) f ever, About we we have spoken in the first volume of this- work. How omit what was said by Mielziner concerning this matter, as it is this subject will not very reasonable. HISTORICAL AND LITERARY INTRODUCTION. 43 As regards the language, the Palestinian Gemara is com posed in the West Aramaic dialect which prevailed in Palestine at the time of the Amoraim. The language of the Babylonian Gemara is a peculiar idiom, being a mixture of Hebrew and East Aramaic, with an occa sional sprinkling of Persian words. Quotations from Mishna and Boraitha, and sayings of the elder Amoraim are given in the original, that is, the New Hebrew (Mishnic) language, while forms of judicial and notary documents and popular legends of later origin are often given in the Aramaic idiom. Although the Palestinian Gemara extends to two more Masechtoth than the Babylonian, its total material amounts only Its discussions are generally to about one third of the latter. and do not exhibit that dialectic and brief condensed, very The which the acumen for Babylonian Gemara is noted. Hagada in the Palestinian Gemara includes more reliable and valuable historical records and references, and is, on the whole, more rational and sober, though less attractive than the Baby lonian Hagada, which generally appeals more to the heart and But the latter, on many occasions, indulges too imagination. in gross exaggerations, and its popular sayings, especially those evidently interpolated by later hands, have often an ad mixture of superstitious views borrowed from the Persian sur much roundings. The arrangement of the material in the two Talmuds dif Babylonian, the Gemara is attached to the single paragraphs of the Mishna, while in the Palestinian fers in this, that in the paragraphs (the retermed Halakhoth), belonging to one Perek of the Mishna, are generally placed together at the head The comments and discussions of the Gemara of each chapter. the successive to paragraphs are then marked by the referring all headings, Halakha i, The two Gemara Halakha 2, collections and so on. make no direct mention of each other as literary works. But the names and opinions of the Palestinian authorities are very often quoted in the Baby lonian Gemara and in a similar way, though not to the same ; extent, the Palestinian Babylonian effected by authorities. Gemara mentions This exchange the numerous teachers who are the views of the of opinions known to have was em igrated or frequently tra veiled from the one country to the other. THE HISTORY OF THE TALMUD. 44 The study Talmud, having been trans planted from its native soil to North Africa, and the European countries (especially Spain, France, Germany and Poland), was there most sedulously and religiously cultivated in the Jewish communities, and gave rise to an immense Rabbinical litera ture. The veneration of the Babylonian Palestinian and Talmud never enjoyed such attention. Eminent Rabbis general alone were thoroughly conversant with its contents, and referred to it in their writings. It is only in modern times that Jewish scholars have come to devote more attention to this Talmud, for the purpose of historical and literary investigations. CHAPTER V. APOCRYPHAL APPENDICES TO THE TALMUD AND COMMENTARIES. Besides the Masechtoth contained in the Mishna and the two Gemaras, there are several Masechtoth composed in the form of the Mishna and Tosephta, that treat of ethical, ritual, and liturgical precepts. They stand in the same relation to the Talmud as the Apocrypha to the canonical books of the Bible. When and by whom they were composed cannot be ascertained. Of these apocryphal treatises, the following are appended to our editions of the Talmud 1. Aboth d Rabbi Nathan* divided into forty-one chapters and a kind of Tosephta to the Mishnic treatise Pirke Aboth," the ethical sentences of which are here considerably enlarged and illustrated by numerous narratives. In its present shape, it belongs to the post-Talmudic period, though some elements of a Boraitha of R. Nathan (who was a Tana belonging to the fourth generation) may have been embodied therein. f : " 2. Sopherim (the Scribes), containing, ters, rules for twenty-one chap the writing of the scrolls of the Pentateuch, and * In our new edition to in it is translated in Vol. I. (IX.) and divided into paragraphs each Mishna of Aboth. " Gottesd. Vortraege," p. 108, sq. Solomon Taussig pub f Compare Zunz, lished in his Neve Sholom (Munich, 1872), from a manuscript of the Library in " " Munich, a recension of the Aboth d Rabbi Nathan which recensions differs considerably from Talmud editions. The latest edition of Aboth d. R. N. in two from MSS. with critical annotations was published by S. Schechter that printed in our (Vienna, 1887). HISTORICAL AND LITERARY INTRODUCTION. of the book of Esther 45 also Masoretic rules, and liturgical rules on Sabbath, Feast and Fast days. R. Asher already expressed (in his Hilchoth Sepher Thora) the opinion that this Masecheth Sopherim belongs to the period of the Gaonim.* Mourn ing), f eu 3. Ebel Rabbathi (the large treatise on Semachoth is divided called into fourteen phemistically (Joys) as and indicated of rules and cus the treats, title, chapters, by toms concerning burial and mourning. It is not identical with a treatise under the same title, quoted already in the Talmud (Moed Katon, 243., 26a; Kethuboth, 28a), but seems to be rather a reproduction of the same with later additions. J ; for the service , 4. Callah (the bride, the woman This recently married). minor Masechta, being likewise a reproduction of a Masechta by that name, mentioned already in the Talmud (Sabbath, ii4a; Taanith, lob; Kiddushin, 4gb; Jer. Berachoth, II., 5), treats in one chapter of the duties of chastity in marriage, in general. 5. Derech Eretz (the conduct of life), and divided into eleven chapters, the first of which treats of prohibited marriages, and the remaining chapters, of ethical, social and religious teach References to a treatise by that name are made already ings. in the Talmud (B. Berachoth, 22a, and Jer. Sabbath, VI., 2). Derech Eretz Zuta (the conduct of life, minor treatise), containing ten chapters, replete with rules and maxims of 6. wisdom. 7. Perek Ha-shalom (chapter on Peace) consists, as already indicated by the title, only of one chapter, treating of the im portance of peacefulness. Remark: Besides these apocryphal treatises appended to || * See The latest separate edition of Masecheth Zunz, GD. V., p. 95, sq. Sopherim from a MS. and with a German commentary was published by Joel Mueller (Leipsic, 1878). f Translated | by us in Vol. See Zunz, G. V., Verstorbene" p. 1-57. p. 90, (Jahrblicher fiir M. Klotz published schriften bearbeitet, iiberzetzt VIII. with a brief commentary by Rodkinson. Brllll Die Talm. Tractate liber Trauer and N. " um Geschichte und Literatur, I., Frankfurt a. M.), Der Talm. Tractat Ebel Rabbathi nach Hand- Jiid. " und mil Anmerkungen versehen," Frankf. on the Main, 1892. Also these three are translated in Vol. I. (IX.) of our new edition. On both of these Masechtoth Derech Eretz, see Zunz, GD. V., pp. 110-112. | See also Abr. Tawrogi, Der Talm. Tractat Derech Erez Sutta Kritisch bearbeitet, " ubersetzt und " erlautert (Berlin, 1885). THE HISTORY OF THE TALMUD. 46 our editions of the Talmud under the general title of Minor Treatises," there are seven lesser Masechtoth which were pub " lished by Raphael Kirchheim from an ancient manuscript. (Frankfort on the Main, 1851.) COMMENTARIES. The Necessity The Talmud for such Commentaries. offers to its students great difficulties, partly on account of the peculiar idiom in which it is written, and which is intermixed with so numerous, often very mutilated, foreign words; partly on account of the extreme brevity and succinctness of its style, the frequent use of technical terms and phrases, and mere allusions to matters discussed elsewhere partly also on account of the circumstance that, in consequence of elliptical expressions, and in the absence of all punctuation marks, question and answer, in the most intricate discussions, are sometimes so closely interwoven that it is not easy to dis To cern at once where the one ends and the other begins. meet all these difficulties, which are often very perplexing, numerous commentaries have been written by distinguished Rabbis. Some of the commentaries extend to the whole Tal ; mud, or a great portion thereof; others exclusively to the Mishna, or some of its sections. Up to date new commentaries upon commentaries appear, so that in the last edition printed in Vilna, more than a hun dred additional commentaries are given (an illustration of which we give at the end of this chapter). not care to point them out. Moreover they We therefore do commen taries to the text which do not belong to our new edition. However, the commentaries exclusively on the Mishna we deem all are to be interesting for some readers and therefore do not omit them. Commentaries Exclusively on the Mishna. i The first to write a commentary on the whole Mishna was Moses Maimonides (XII. century). He commenced it in the twenty-third year of his age, in Spain, and finished it in his thir This commentary was written in Arabic, tieth year, in Egypt. manuscripts of which are to be found in the Bodleian Library . HISTORICAL AND LITERARY INTRODUCTION. at Oxford, and in some other libraries. From the Arabic was translated into Hebrew by several scholars, flourishing 47 it in the XIII. century; namely, Seder Zeraim, by Jehuda Charizi; Seder Moed, by Joseph Ibn Alfual Seder Nashim, by Jacob ; Achsai (or Abbasi *) Seder Nezikin, by Solomon b. Joseph, with the exception of Perek Chelek in Sanhedrin and Masecheth ; Aboth, including the ethical treatise Sh mone Perakim, intro ducing the latter, which were translated by Samuel Ibn Tibbon; Seder Kodashim, by Nathanel Ibn Almuli; the trans lator of Seder Teharoth is not known. These translations are all to Talmud after each Masechta, under editions, appended the heading of Commentary of Maimonides. The characteristic feature of this commentary of Maimon follows the analytical method, lay down at the ing beginning of each section the principles and views of the general subject, and thereby throwing light upon ides consists in this, that it the particulars to be explained, while Rashi in his Talmud com mentary adopted the synthetical method, commencing with the explanation of the particulars, and thereby leading to a clear understanding of the whole of the subject-matter. 2. Several distinguished Rabbis wrote commentaries on on those Masechtoth to single sections of the Mishna, especially which no Babylonian Gemara (and hence no Rashi) exists. Of these commentaries the following are found in our Talmud editions : 1 s Commentary on all Masechtoth of Seder Zeraim, except Berachoth, and all Masechtoth of Seder Teharoth, ex cept Nidda, by R. Simson of Sens (XII. century), the cele brated Tosaphist. (a) Rashi Asheri s Commentary on the same Masechtoth, by R. Yechiel (XIII. century), the author of the epitome of the Talmud which is appended to all Masechtoth. Masecheth Middoth, by R. (c) Rashi s Commentary on (b) Asher b. Shemaya, who is supposed to have been a disciple of Rashi. (d) RabacTs Commentary on Masecheth Eduyoth, by R. Abraham b. David (XII. century), the celebrated author of critical annotations on Maimonides Talmudical code. (e ) Commentary on the Masechtoth Kinnim and Tamid by an anonymous author. * See Graetz, " Geschichte d. J.", Vol. VII. p. 302. THE HISTORY OF THE TALMUD. 48 3. R. Obadya of Bertinoro in Italy, and Rabbi in Jerusalem (d. in the year 1510), wrote a very lucid commentary on the whole Mishna, which accompanies the text in most of our sep He follows the analytic method of Rashi, and adds to each paragraph of the Mishna the result of the discussion of the Gemara. arate Mishna editions. 4. Additions of Yom Tob. Additional comments by Yom Tob Lipman Heller, Rabbi of Prague and Cracow (XVII. cen These comments, likewise extending to all parts of tury). the Mishna, and accompanying its text on the opposite side of Bartinoro s commentary in most of our Mishna editions, contain very valuable explanations and critical remarks. Of shorter commentaries to be found only in some special 5 . Mishna text the following may be mentioned Tree (a) of Life, by Jacob Chagiz, Rabbi in Jerusalem (XVII. century), the author of a Talmudical terminology, Techilath editions of the : Chochma. Full Spoon of Delight, by Senior Phoebus (XVIII. cen This commentary is an abstract of Bertinoro s and tury). Yom Tob Lipman Heller s commentaries. 6. (6) Spoon of Delight, by Isaac Ibn Gabbai in Leghorn (XVII. century), is generally based on the commentaries of Rashi and Maimonides.* " " Tefereth Israel to Mishnayoth, by Israel Liphschitz, a very reasonable commentary. all CHAPTER VI. EPITOMES, CODIFICATIONS, MANUSCRIPTS AND PRINTED EDITIONS OF THE TALMUD. INTRODUCTORY. Since the Babylonian the Jewish communities in Talmud was considered by most all of countries as the source of the rab by which to regulate the religious life, it is but natural that already at a comparatively early period attempts were made to furnish abstracts of the same for practical pur- binical law etc. , * The commentaries of the Palestinian Talmud we omit, but not the Epitomes, which seem to us of interest for the reader. nn : nn a Spy own nnani . Sy Vt ; f& 33 V S"t B an {i;? tJ i; ra Sy 2X ci ( (ay . . Q Sy r.ucp nviSBO Syi t e iT m c rSn E PBJ CB CC1J? ETCX S"t MflS PBEIP SB) 1 p* *!} 5l> "*^. . ( WW) sjrj P313 B i 3) V t ij , X fld7& V i:x i ril B"*" svn "a j" xos (a-cn-i p2S refr)S"t rep D"H mxa P B"AIO B"A-IS ]inx cxi :ip Sy rniyn SSis .(sSi PSBIP P*c n rrsJ-Bx- nrvn naSo) mxS c Spc nicci Byn (HI (my T [-9] (at BB 1 S J? .i:p p"iax oaS a-ap Vt p"lSI (9W p rn: n x"pi.i8 tviih ea Sr jft?VT ?" nxa jna , w3) nre c Sy nvwi ( ,trc vimn:m . plEJ 1122 *ll"l ["9] V p"iax p"Ea IBPS inx . n x"y J3 (<=B xs-So p S"t fi3w p3 pinpa ^ U" ( (ps . nsS P c yii ) 2r - -3 "*s BU Jinax . V wyv cj) (rti PSU nn V nPIOS t p . DV . ( i:t "nsK (i l [ inn i* j] . aipe ns-pa XSLI o"iT ru or rcnp o nrw) Sienp n 1N p i V 12X2 ] ( |4 N t rrnn B"ATB n / ^ p CD ( yni iix JI) [9] (ia [-3] ("J S V -o i P"I:K Kl DTI S B"onya t nwSn ; xn jjri nua D B-PITI o"Ana "" "A" " ,1x10. Vii saS i> , rom , S"an eiru ): i-ns) a-wnn D N1*? (i ( Qn QQ max . in -3] (n ^sa ianaar . xaixin win i".:~i riKDU ocS -s-nva c"ci E?3 . y tiVi: B e-nni nvin c-ut-i j ^mcein mvn c jrn-S anai) S"t (:"Si;- n3 ("3] ^2 yf) ay , -Saa v vn o":avk ma D eS nil ni nas- nx-ra-v i"ei i:x S aniax t rC Vs n I . "S12 (a . : i:So ,nien aaS;S fiinn flMil X"IAIB i /% nvjwcn B-i>ta mcoina rilfCCSn 11X2 s] rm:: i is-BinS i"nj (ap Sna pSm Vt men . tf o iy i"a nan pnv na B BBS nQ ni^X yVi^i . aiy an . . E-a o";om ^pp"^ ncipna ^B" CV>3 O S;n vS a-TaanS nnvi np-nei iniiii xn iaiaS \tt onflCTi nms> S !! nv CT 3 BSISP ( v a*;^ p fi nSfciSDi xvi c"oi , H3 mxr.sC ^t? rpTio c"D * 5tl?D *? rin "ii e":ai lai . B"I: nSa aa . ri-xcnSi iissS B ( ar.ss ;uati.-;* pn niaya jnnivi ix xsac (is ("> [-3] Bin t-3] i: 2i ;-o xai,i"a.xvi ;cta n-n mi . ( i> (o , % in scS )ni ma naseS C S"i "XTI D1TI ( nsEeS ^"^-n.cni S"t C "ty-i S2V1 "X1.1 S l"JJ (S (xS Ssa >"n S t >enni -ED> a aiP c-iro-j ft i-mn na ni-nex nwSca nvian ; la-ai . ni i ( max , roseS IMP iS n\-:n a p-am na:> xSi (x a":cn B-aioip ini-n c-p-no E-ICCI mip nii;n vSy Tyw 1 ix 6 i c :r p-Jjn p sn : n -"a 13 p fan nea UBOFI 01 "PTIU n^ E"n y |"iy i>: y.-i> IKO pnv* rvty il l* (a in nsoi: C-PIISI -Sna niian fr<;: Sy ajar- aTivea S*nS B aipx-n nnsi nisp C x-sa n-,Bipo na-nai ffSn sr S; En:s- innnritsn nnn^ss r:v BiBin iixS uct- P SP C HntE-jv. us SsS Tsxn Vi S"i iai:p.,,i:p niaiai m-SaiBi mini y, 21 1J ^ J1P , ^.j, a-ap .B"P.I "HB ( mnan (ns E-JVY: xi-ai O-PIWI nvijia WIO;-M NV ( ov n:saS . e )>rxv; n-;-r< (S"i niaa- EoS .nnoi ran . $ rfeD nn:n iix * 1-9] (a "i Js ( (n:r? IIE E srw) . nv *,-"*" r-aovvo ^XTI* S"t I viai pin nn taeem >HB Bpn [-9] S"ivi y eai irx Vi picf jp;" rxia ncilpr, n* rr: ia-a.ii [-3] ,, p iaaa D"iax rnj;-^ ii Sicr (" (as niSnxi B*yA) Cai HJV area EDTO e "nc ] Sy laeur nSx nSn [ XLH 5 X"1Ji111X2 [- c [-3] Q^y- ww Tnnisovi => ,.. c A^S nswi nvjia *y run B PJ lynai caipca o ,) j: i .10 >tr . h rrw ^,5, W;J napSraxa .(jft-a Vi aiy BoS ( poip m\T ir2T 5: aoSi ncina asS 5., (jj. VB1 [-3] . n2i,~S ! s W3 nsb T xvai VT TX yinra nSx S3P ma (xs ["3] " Vp/be ^rav nwyiSn nf o iwa SVo DJinDH . (xp iy B*.-s3) poS-a p"i:x 1 BipS ; B-ptioS , -cSe-n Hito / ppy o"iiS ?* ci ( "ita n"-nci K,-.-3e> ysr . p! BBI a-wip K"IO 3^ H lN SSo .> (B> | ron }V;; ia J2 (tfJa Vt BBS n ffllDX HIHil (> ("3) yviuB "sc p"e p"e o"o a y nsS J112: nivis pou turni } a-Spw aaS . ax-arw Sp naa n e-Sr 1 7"2 V t J112JOVTO (BMC < Sy nilVTta , na nnaxi nuo , . -e n^wTI <"nS fs] t" naxS tD5)3-u-nv ia ,iw AID a-nin [-3] (n B"-VI 9) TIJ asS . . r i tr"-ni B moa nsoaS nneero Vt X311.1 K VfVsb Nin3 NIUTO Tfi-m ay (o)ir njiw-una V i ioa roaa (r>rc B"re . o y uxsa v cvi r -eauio-B t . . isn MOP? TBD njnai , niaa* nsoa Sy B"nS niSQin [-3] ( pnoi poip E1T rfryo BBS , 27 a2Tl nssaS a>ap i"-\ 1 Sy nS nSxi B"pn Vt p"nai S"t 1-T-u P TSH naaon qisa i ( viian-i in: eaS ixa rairo PBIAI eSix (mfix -as -,ira PSWW) Si ia cten I i lTD XYOJ nnyi navi uaa TDH ai Bia xa xa nta B ljrm niEaini ^baa c~v- ]vSAi D nsoaS (* ;s [" main liana EP mncp rnn 10 c . anyf B nrssj B"*" MJ 5 s a"aain ; . te 21 i: 3 sni; iaft ,6-TSEj pieSi (xj na ia mirr la-aiS nexs ISH Vi Tern I Ssai myna -cS i rvJn | Vp 7 IXP ibn VTHIT rtyipp , 5c !*s B ra BB135 riTBn VII x"Sp V pffi ; " UnmiDO ,B!wO /D [-3] (ne "{yi (a p t"x <Xi >n .-ai) . E"SPM )is rt-)-S"i f) ppiip saS eiEp" [-j](- TS ir2i -i <yn Bcia B-BIBTI B"C <pe L i? BB (i*B9 2i (T ipyn Q2Din naps nt-B BIBIS pi Btia xSp T mye: ft-)pji) i: max nsaaS y BO S i . (nmasen tjisa IXSP -an max Sy yffW J2 1*0 J J3) p^ msavn e"y a"a _ L _ x"yi rSyi r.i qn ( Vi S ay l"i era xni B"pn X TAI WIAI ay 1 2" naop mnasoS r ri5;? nixriBu I"B , (" ITOTSI 1- ni!"!i"I S"i a -a laSs) Vt B V, nB , mSIJ e-j 3n j) (?<,, . mp? B*^ nvun Sy nvut maip . B"B , S"t XMn nasaS K (,, , (naSnn -Syja nnee . D :p,11 (o Vrnn I ^pH vo (no BB Sy is rip) V i 2py nuia nssoS , "rxjjn D -sa p"xin oSpiT naSno e Spp , Sy ii room (" ( (> t _- lVTiS D D aoxSao a o Sny E nrrs) Dft S iiB SsSi xins xaai n-ayn BcS (;-n won D ffftfl xm~ XHDU jiteo nrae>cS wrfronnxa min i2Di2i: nwaS N TIB naooS a-Sa a"AiS ( ;ro\riiiXnoiJ rav , . ;cpS An yh .TILT . . a ( ntno rrry\ , a^ n H i i:an a-u scS B ^V-e (AS ninsBoSi (B [>">} i-an-yi iw 5: , p;-n ai lift; -fis (*o [*>] S"t yo n KTC xwi itB o"tn PWI ilMTM .XCi; r. -Q""^ POT SPTSI niJSp ;3 i^is:) < B ltio nsEca rn-vw TIB . ] [ Sy jwu i|Sp (<w Pim 10 a er. ";c:3 rnn:n nsSs) Sy H"BJ nVyo soS filSDITI -psfia OUMXB isiaxi . . ."us i)wa ixaw ?3) BTJ E1S1 p Sy ny iseia B piin 2S GHM n (-9) B12C" *S3 bzzn nnci ji rwy nixncij 5 -. : sa pAim) sMi , rw\-n -Jifij ( nxrcoai ;nj i: B.TCX nu- nix.TBia fy x Tnvft S"i J jr 73in) (risa X"P-I-E mo) (p (nvoBon aa na ny IBSIJ xSw (ly (13 E > (Ta^tl . xSp mroBaS M 3M 131 JP e e ft nba nrco rmv Sy in- .-win rasea BTM) D"n H*3 |fl P::S (fi" . (^ T -iJ?sa . .xnovi p"iax 2X S"t . E"y MTH i*5t mm its rirsee [-3] "i^1 nixncu (M33P9 pea e urw) ; T3i rctnxi (1? B-pnn (ny a"ane (.-:: . ( isi . nirui H2.1 =c , C^l" /N t? n-a E S-tn .I Sas .^r:s 53 rt. u TS "jm n"2M p"SnS nx Sy a i n*tp nars .xica BCIIT r*!*J) r,Sp jy t T Sy Sya . p"xino 112 a ano E pttn C a\SM. B tcrn IBB . B-JM wtna ana nS n^ona^OT rp^a S"t 2X1 . t BIS iTR? D*ew5 (13; ?! vn B" -asW l nan ,ty"XTTl Si P nav. sa *BUI 3j s>nnY (I CPP n -:>B P"tih sia-iB S - .(;nj nixrn S B"A-.B . . t * rD l w (S"pvs) m B jp& n r;:)S e-amn (xy ia:a Vxiw" . V pSn pieS. ( sr;z p"^ prftSs -e "its T r ras; ecu irx -so crp Sw n ::i) is wife -iT5 n p csi i*nxS e eiya n ncSif C AI ia [i*i]-(M .( nrx niSDirn r.w ty p? :: ((arm) JHCJ? VS&H& mtnnn Dtrro , ru- rnxnau t y .-wapi p\ar Ssa LiipaSi n-AiS mai oriopcxa nuxjo nKCT tvh (a s-eioi) iiySs r-xS nipi ILLUSTRATION OF THE NAMES OF THE 103 ADDITIONAL COMMENTARIES. i x ^fft a-j HISTORICAL AND LITERARY INTRODUCTION. 49 This was done partly by epitomes or compendiums which, retaining the general arrangement and divisions of the Talmud, bring its matter into a narrower compass by omitting poses. Hagadic and unnecessary passages, and abridging the legal and partly by codes in which the results of the discussed legal matter is presented in a more systematic order. The first attempts in this direction were made by R. Jehudai Gaon of Sura (VIII. century), in his book Halachoth Ketuoth (Abridged Halakhoth), and by R. Simon of Kahira (IX. Both of these two works, century) in his Halachoth Gedoloth. which afterwards coalesced into one work, still extant under the latter title, were, however, eclipsed by later master works its discussions; of other celebrated Rabbinical authorities. A. EPITOMES. The principal epitomes or compendiums by the following authors: of the Talmud are R. Isaac Alfasi (after the initials, called born in in in Fez died near the of as Rabbi at Africa, city 1103 1013 Lucena in Spain) wrote an excellent compendium, which he called "Halakhoth," but which is usually called by the name In this compendium he retains the of its author, Alpassy. 1. "Rif," general arrangement, the language and style of the Talmud, but omits, besides the Hagada, all parts and passages which concern laws that had become obsolete since the destruction of the Temple. Besides, he condensed the lengthy discussions, and added his own decision in cases not clearly decided in the Talmud. REMARK. Alfasi s compendium comprises in print three large folio volumes in which the text is accompanied by Rashi s Talmud commentary, and besides by numerous commentaries, annotations and glosses, especially those by R. Nissim b. Reuben by R. Zerachia Halevi (Maor) by R. Mordecai b. Hillel by R. Joseph Chabiba (Nimuke Joseph), and by some other distinguished Rabbis. (}"-|) 2. ; R. Asher ; b. Jechiel, ; a German Rabbi, later in Toledo, Spain, where he died in 1327, wrote a compendium after the of that of Alfasi and embodied in the same also the pattern opinions of later authorities. This compendium is appended Talmud editions to each Masechta, under the author, Rabbennu Asher. in our 4 title of the THE HISTORY OF THE TALMUD. 50 R. Jacob, the celebrated son of this author, added to that compendium an abstract of the decisions contained in the same, The Extract of Asher s Decisions. B. CODES. Mishne Tor ah, 1. "Repetition of the Law," by R. Moses Maimonides, flourishing in the XII. century. This is the most comprehensive and systematically arranged Code of all the Laws scattered through the two Talmuds, or resulting from the discussions in the same. Occasionally also the opinions of the post-Talmudic authorities, the Gaonim, are added. This gigantic work, written throughout in Mishnic Hebrew in a very lucid and attractive style, is divided into fourteen books hence its additional name, Sepher Ha-yad (having the numerical value of 14), and by way of distinction, it was later ; Yad Hachazaka," The Strong Hand. Every book is, according to the various subjects treated therein, divided into Halakhoth, the special names of which are given at the head of each of those fourteen books. The Halakhoth are again sub " called divided into chapters (Perakim), and these into paragraphs. 2. Sephar Mitzvath Godol (abbreviated S. M. G.), the great Law book, by the Tosaphist R. Moses of Coucy, in France This work arranges the Talmudical law (XIII. century). according to the 613 precepts which the Rabbis found to be contained in the Pentateuch, and is divided into 248 positive and 365 negative commandments. REMARK. A similar work, but on a smaller scale, is Sephar Mitzvath Gaton," " also called " Amude Golah," by R. Isaac b. Joseph, of Corbeil (d. 1280). 3. Turim (the Rows of Laws), by R. Jacob, son of that celebrated R. Asher b. Jechiel who was mentioned above. The work is divided into four parts, called Tur Orach Chayim, : Tur Yore Dea, treating of the Ritual Laws; Tur Eben Ha-ezer, on the Marriage Laws, and Tur Choshen Mishpat, on the Civil Laws. Each of these four treating of Liturgical Laws; subdivided according to subjects under appropriate This code differs headings, and into chapters, called Simanim. books is from that of Maimonides in so far as it is restricted to such laws only which were still in use outside of Palestine, and as it em bodies also rules and customs which were established after the HISTORICAL AND LITERARY INTRODUCTION. 51 Talmud. Besides, it is not written in that uniform and pure language, and in that lucid style, by which the work of Maimonides is characterized. 4. Shulchan Aruch (The Prepared Table), by R. Joseph Kara (XVI. century), the same author who wrote the commen taries on the codes of Maimonides and of R. Jacob b. Asher. Taking the last-mentioned code (Turim) and his own commen tary on the same as basis, and retaining its division into four parts as well as that into subjects and chapters, he subdivided each chapter (Siman), into paragraphs, and so remodelled its contents as to give it the proper shape and style of a law book. This Shulchan Aruch, together with the numerous annotations added to it by the contemporary R. Moses Isserles, was up to our time regarded by all rabbinical Jews as the authoritative code by which all questions of the religious life were decided. Constant reference to the four Codes mentioned above are made in the marginal glosses which are found on every page of the Talmud, under the heading of En Mishpat, Ner Mitzwah" close of the " It is the object of these glosses to show, at every instance when is quoted or discussed in the Talmud, where the final a law decision of that law is to be found in the various codes. authorship of these marginal glosses The ascribed to R. Joshua same scholar wrote also is Boas Baruch (XVI. century). The the glosses headed Torah Or which are found in the space between the Talmud text and Rashi s commentary, and which indicate the books and chapters of the biblical passages quoted Talmud, besides the very important glosses in the mar gins of the pages, headed Massoreth Ha-shas, which give The last men references to parallel passages in the Talmud. tioned glosses were later increased with critical notes by Isaiah Berlin (Pik), Rabbi in Breslau (d. 1799). in the C. COLLECTIONS OF THE HAGADIC PORTIONS OF THE TALMUD. While the above-mentioned Compendiums and Codes are restricted to abstracting only the legal matter (Halakha) of the Talmud, R. Jacob ibn Chabib, nourishing at the beginning of the sixteenth century, collected all the Hagadic passages, This very popular col especially of the Babylonian Talmud. lection, which is usually printed with various commentaries, THE HISTORY OF THE TALMUD. 52 has the title of En Jacob ; in some editions it is also called En Israel. R. Samuel Jafe, flourishing in the latter part of that cen tury, made a similar collection of the Hagadic passages of the Palestinian Talmud, with an extensive commentary under the Y phe Mareh (Vienna, 1590, and Berlin, 1725-26). with a short commentary was published edition abridged under the title of Benyan Jerusalem (Lemberg, 1860). title of An D. MANUSCRIPTS. In consequence of the terrible persecutions of the Jews during the middle ages, and the destruction of their libraries, so often connected therewith, and especially in consequence of the vandalism repeatedly perpetrated by the Church against the Talmud,* only a very limited number of manuscripts same have come down to our time. (sections) and Masechtoih (tracts or of the Codices of single Sedarim treatises) are to be found in various libraries of Europe, especially in the Vatican Library of Rome, and in the libraries of Parma, Leyden, Paris, Oxford, Cambridge, Munich, Berlin and Hamburg. The only known complete manuscript of the Babylonian Talmud, written in the year 1369, is in possession of the Royal Library of Munich. A fragment of Talmud Pesachim, of the ninth or tenth century, preserved in the University Library of Cambridge, and was edited w ith an autotype facsimile, by W. H. Lowe, Cambridge, is r 1879. The Columbia College in the city of New York lately ac quired a collection of manuscripts containing the treatises Pesachim, Moed Katon, Megilla and Zebaehim of the Babylonian Talmud. These manuscripts came from Southern Arabia, and date from the year 1548.! * It is stated that at the notorious auto-da-fe of the Talmud, held in the year 1249, at Paris, twenty-four cart-loads of Talmud tomes were consigned to the flames. Similar destructions of the Talmud were executed by the order of Pope Julius III., in first at Rome, then at Bologna and Venice, and in the following year Ancona and other cities. Among the 12,000 tomes of the Talmud that were the year 1553, in " burned at Cremona, in the year 1559 (see Graetz s Geschichte d. Juden," X., p. 382), were undoubtedly also numerous manuscripts, though most of them may have been printed copies. f New See Max L. Margolis York, 1892. " s The Columbia College MS. of Meghilla Examined," HISTORICAL AND LITERARY INTRODUCTION. 53 Manuscripts of the Mishna or of single Sedarim thereof, some of which dating from the thirteenth century are preserved in the libraries of Parma, of Berlin, of Hamburg, of Oxford, and That of the last-mentioned library was edited of Cambridge. "The Mishna on which the Palestinian Tal Lowe: W. H. by mud Rests," etc., Cambridge, 1883. Of the Palestinian Talmud the only manuscript, of con siderable extent, S. is preserved in the Library of Leyden. See Description of the Leyden MS. of the M. Schiller-Szinessy, Palestinian Palestinian Talmud," Talmud " Cambridge, 1878. are also to be found in Fragments of the some other libraries, especially in those of Oxford and Parma. Fuller information concerning MSS. of the Talmud is given Handschriften und erste Ausgaben des Babyl. See also M. Steinschneider s "HeTalmud," Berlin, 1862. braische Bibliographic," Berlin, 1862 and 1863. in F. Lebrecht s " E. a. THE TALMUD IN PRINT. The Mishna Editions. Already as early as the year 1492, the first edition of the Mishna, together with the commentary of Maimonides, ap peared in Naples. It was followed by several editions of Venice (1546-50, and 1606), of Riva di Trento (1559), and of Mantua In the last-mentioned editions the commentary (1559-63). The editions which have of Obadia di Bertinoro is added. Those which appeared since appeared are very numerous. since the seventeenth century are generally accompanied, be sides Bertinoro s commentary, by Lipman Heller s or some other shorter commentaries. b. The Babylonian Talmud. complete edition of the Babylonian Talmud was published by Daniel Bomberg in twelve folio volumes, Venice, The first Besides the text, it contains the commentary of 1520-23. Rashi, the Tosephoth, the Piske-Tosephoth, the compendium of Asheri, and the Mishna commentary of Maimonides. This model for all editions which subse- original edition served as THE HISTORY OF THE TALMUD. 54 quently appeared at Venice, Basel, Cracow, Lublin, Amster dam, Frankfort-on-the-Oder, Berlin, Frankfort-on -trie-Main, Dyhernfurt, Prague, Warsaw, Lemberg, and re cently at Vienna and Wilna. The later editions were greatly improved by the addition of valuable literary and critical Sulzbach, marginal notes and appendices by learned rabbis. But the Basel and most of the subsequent editions, down almost to the present time, have been much mutilated by the official censors of the press, who expunged from the Talmud all those passages which, in their opinion, seemed to reflect upon Christianity, and, besides, changed expressions, especially names of nations and of sects, which they suspected as having reference to Christians. The Amsterdam editions, especially the first (1644-48), es at the hand of the censors, and are on mutilations those caped Most of the passages this account considered very valuable. which have elsewhere been eliminated or altered by the cen have been extracted from the Amsterdam edition, and published in separate small books. Of these the following two may be mentioned: "Collected Omissions" and "The sors Koenigsberg, 1860.* the complete editions of the Babylonian and of the very numerous editions of single Masech- Omissions," A critical review of Talmud toth since the year 1484, was published by Raphael Rabbino- Hebrew pamphlet, Munich, 1877.! The same author also collected and published very vicz, in his rich and important material for a critical edition of the Babylonian Talmud from the above-mentioned manuscript in the Royal Library of Munich and other manuscripts, as well as from early prints of single Masechtoth in various libraries. The title of very extensive work, written in Hebrew, is Dikduke Sopherim, with the Latin title Variae lectiones in Mishnam et in this : Talmud Babylonicum, etc., Munich 1868-86. The fifteen vol umes in octavo which have appeared of this valuable work comprise only three and a half Sedarim of the six Sedarim of * In our Schulchan Aruch und Seine Beziehungen, etc.," mentioned in our appendix about the Mtinster process, we give a clear explanation about all the cor rections by the censor which does not fully agree with this remark. Concerning these omissions, see our Concluding Words to Vols. XVII. and XVIII. f This instructive pamphlet is also reprinted as an appendix to Vol. VIII. of " " " Dikduke Sopherim. .owmawm .msoin trap npNirm .nifiDirppofii BTVSl /^ rajnpD VX-IB c jno nBranrum pos TJD nwofr mvr DMH *p B*fyy\ pa 3DD) ,-jl^D 1^X1^31 *n ^pS ^3 lisp rrfa vtyi Vt neca epite "01 , "ra^nn >! omen . tya apjr irai [I^DJ^ 1^2 nun ^NIOP u^a-6 >D npun B nn mmpa ,-) fffipft (a* ,^i *6n y Q^-J n*ITDD OTB" , p ^ a^ mx tnss) Vi ns OTID aw :-;TO pNt:Naxj (wo^n^a o"i^ a"no "frn nnm D^pn biw rpv D"n DJ; vai V . nn (a ^ nn (J .,. Ni2 t T0 TKD. o-rb . n 3 D cnv:) (ann V t VI^N O^T ? 1 1 upnji . VT:CT) (UC2 mai n\i;2cS iran V t Nnjb nbn "?NpTrr p"TaK . ,vnn .(uj . ]:n o-onya) V p"pn la ( N""ttn noV^ o-un ivte o*rfr rnrun ana D JTTO. nrummsa niH-in WTD p* bspT mm-a ynu D*anya) 13 --: m* rmwi pfcm /nnisnram cn 1 i t, T r.- ( ?t2 i v I) j ri- IIGM ,-,__ 1J T3 a p"nix V T sii (p-rinc) \s^ o*w mnjn pnpjJWp "pi mijT\ 6 ? nr t^tyin mnirn :a-:r p-fco -EC^ri nacrnm meoin oy xjT T I-C-N-CC? "JNW o"i-Tb 1 . , . p":s yun xvna mcpiei p mc-pcS nny n jpn n;eo i:Dn (a-vi r,o n-a ntixin) . , , r6,x ^D ^y nnvin o pa ia J TCS nyta o rn -IBS 122 *a T; DTJJ : ntn m can ya arnatra D ap:i . - -- - >!>> i noa inr \S 21p ^ISJ |:2ia roa nn naa ] yi xb CTSTI crisis i- nu nnm D^lTl D^ITfi % \S"in31 T; Sj? USDVI nnasa mt^nn meoin cnac "?2 j in H , _ ni trrrrh ix nte j ._.. "- TITLE PAGE OF THE LAST EDITION OF THE TALMUD AT WILNA. I , (* HISTORICAL AND LITERARY INTRODUCTION. the Talmud. 55 be regretted that in consequence of the death of the learned author the completion of this important work has been suspended. It is to The Palestinian Talmud. c. Of the Palestinian Talmud (Jerushalmi) only four complete editions appeared 1. The : first edition, published by Daniel Bomberg, Venice, 1523-24, in one folio volume, without 2. The Cracow edition, 1609, any commentary. with a short commentary on the margin. 3. The Krotoshin edition, 1866, with a commentary like that in the Cracow edition, but added to it are marginal notes, containing references to parallel passages in the Babylonian Talmud, and corrections of text readings. 4. The Shitomir edition, 1860-67, in several with various commentaries. folio volumes, Besides these four complete editions, several parts have been published with commentaries. CHAPTER VII. TRANSLATIONS OF THE TALMUD A. THE MISHNA. English Translations. W. Walton. Translation of the treatises Sabbath and Erubin, London, 1718. D. A. de Sola and M. I. Raphall. Eighteen treatises from London, 1843. Joseph Barclay published under the title "The Talmud" a translation of eighteen treatises of the Mishna with annota the Mishna translated. London, 1878. tions. C. Taylor. Aboth). Sayings of the Jewish Fathers (the treatise .Cambridge, 1877. REMARK. The European languages. treatise "Aboth" has been translated into almost all of the THE HISTORY OF THE TALMUD. 56 B. To THE BABYLONIAN TALMUD. translate the Mishna is a comparatively easy task. Its generally plain and uniform language and style of expression, and its compendious character could easily enough be rendered into another language, especially when accompanied by some explanatory notes. But it is quite different with the Gemara, There are, of course, also passages no great difficulties to a translator who is sufficiently familiar with the idiom in which the original is composed. We refer to the historical, legendary and homiletical portions (Hagadas) which the compilers have interspersed in every treatise. The main part of the Gemara, however, which is essentially of an argumentative character, giving minute reports of discussions and debates on the law, this part, so rich in dialectical subtilities, and so full of technicalities and ellip tical expressions, offers to the translator almost insurmounta especially the Babylonian. in the Gemara which offer ble difficulties. English Translations. A. W. Streane. Translation of the treatise Chagiga. bridge, 1891. Michael L. Rodkinson : Babylonian Talmud Section Cam Moed (Festivals). Complete, consisting of the following volumes: Vol. I.,* Tract Sabbath (first ten chapters); Vol. II., Tract Sabbath (continued), fourteen chapters; Vol. III., Tract Erubin (Mingling); Vol. IV., Tracts Skekalim (Duties), and Rosh Hashana (Hebrew Calendar); Vol. V., Tract Pesachim (Pass over); Vol. VI., Tracts Yomah (Day of Atonement), and Hagiga (Holocaust) Vol. VII., Tracts Betzah (Feast), Succah (Tabernacles), and Moed Katan (Minor Festivals) Vol. VIII., Tracts Taanith (Fasts), Megilla (Book of Esther), and Ebel Rabbathi (Great Mourning). ; ; Section Jurisprudence: Vol. I., Ethics of Judaism, (Tracts Aboth, Aboth of R. Nathan, Derech Eretz, Rabba and Zutta) ; Vol. Bab Kama II., (First Gate, eight chapters) Vol. III., Baba Metziah (Middle Gate), five chapters, and the last two of * Of Vol. I. ; and IV. a second revised and enlarged edition was published. HISTORICAL AND LITERARY INTRODUCTION. Baba Kama; Vol. V.-VI., Vol. IV., the last five chapters of Baba Bathra (Last Gate, five 57 Baba Metziah; chapters in each); Vol. VII.-VIIL, Sanhedrin; Vol. IX., Maccath, Shebuoth, and Eduyoth; Vol. X., Abuda Zara and Horioth, New York, 1896- 1903.* C. THE PALESTINIAN TALMUD. a. Latin Translation. Blasius Ugolinus, published in volumes XVII. -XXX. of his Thesaurus antiquitatum sacrarum (Venice, 1755-65), the fol lowing treatises in Latin: Pesachim (vol. XVII.); Shekalim, Yoma, Succah, Rosh Hashanah, Taanith, Megilla, Chagiga, Betza, Moed Katan (vol. XVIII.) Maaseroth, Maaser Sheni, Sanhedrin, Maccoth Challah, Orlah, Biccurim (vol. XX.) ; ; (vol. XXV.); Kiddushin, b. Sota, German Kethuboth (vol. XXX.). Translations. Joh. Jacob Rabe, besides translating Berachoth in connec tion with that treatise in the Babylonian Gemara, as men tioned published: Der above, ubersetzt und Talmudische Tractat Peak, erlautert. Anspach, 1781. August Wunsche. Der Jerusalemische Talmud in seinen haggadischen Bestandtheilen zum ersten Male in s Deutsche ubertragen. Zurich, 1880. c. French Translation. Moise Schwab. Le Talmud de Jerusalem traduit pour premiere fois. X. volumes. Paris, 1871-90. D. M. la GEMARA. Schwab, the author of the French translation published Talmud of Jerusalem. Vol. I. Berachoth. in English: The London, 1886. * See In or " Talmud Ubersetzung by Bischof, p. 62. this book all the translations from both Talmuds in all languages and all tracts The English translations are given parts of them, with criticisms, are mentioned. " Kritische Geschichte der here for the English reader. THE HISTORY OF THE TALMUD. S8 CHAPTER VIII. BIBLIOGRAPHY OF MODERN WORKS AND MONOGRAPHS ON TALMUDIC SUBJECTS. (Arranged with reference to subjects and in alphabetical order of authors). HAG AD A. W. Backer. Die Agada der Tannaiten. Strasburg, Als. Die 1884; Agada der Babylonischen Amoraer. Strasburg, Als., 1878; Die Agada der Palastinischen Amoraer. Strasburg, Agada der Palastinischen Amoraer, published 1896, Die Schueler Jochanan s, and 1899 Vol. III., Die letzten Amoraer des heiligen Landes. 5. Back. Die Fabel im Talmud u. Midrasch (in MonatsAls., Vol. 1891 ; II., schrift 1875; f. Geschichte u. Wissenschaft d. Judenthums, XXIV., 1876; XXIX., 1880; XXX., 1881; XXXII., XXV., 1883; XXXIII., 1884). M. Grunbaum. aus der Haggada vol. XXXI., Beitrage zur vergleichenden Mythologie Gesellschaft, (in Zeitschrift d. D. Morgenl. 1877). M. Gudemann. Monatsschrift vol. XXV., f. Mythenmischung in der Haggada (in Geschichte u. Wissenschaft d. Judenthums, 1876). Hoffmann. Die Antonius Agadoth im Talmud (in Magazin fur Wissenschaft des Judenthums, vol. XIX., 1892). D. ARCHAEOLOGICAL. Ad. Brull. Trachten der Juden im nachbiblischen Alterthum. Frankf. on the M., 1873. Franz Delitzsch. Jiidisches Handwerkerleben zur Zeit Jesu, Elangen, 1879. Life." New M. H. Translated by B. Pick, "Jewish Artisan York, 1883. Friedlander. Die Arbeit nach Bibel u. Talmud. Briinn, 1891. L. Herzj eld. Metrologische Voruntersuchungen, Geld und bis zum Schluss des Talmuds (in Jahrbuch Gewicht der Juden HISTORICAL AND LITERARY INTRODUCTION. fur Geschichte der Juden u. des Judenthums, 95-191, Leipsic, 1863). Alex. Kohut. 1st das Schachspiel (Z. d. D. M. G., XLVL, 130-39). vol. III., 59 pp. im Talmud genannt? Graphische Requisiten und Erzeugnisse bei Leipsic, 1870-71; Die Lebensalter in der jiid. Leopold Low. den Juden, Literatur. H. Szegedin, 1875. Die Landwirthschaft in Palestina zur Zeit Vogelstein. der Mischna. Berlin, 1894. Ueber Talmudische Miinzen u. Gewichte. Das Breslau, 1862; Breslau, 1867; judische Maassystem. Technologic u. Terminologie der Handverke in der P. Rieger B. Zuckerman. Mischnah. Berlin, 1895. BIOGRAPHICAL. 5am. Back. Elischa ben Abuja, quellenmassig dargestellt. Frankf. on the M., 1891. A Blumenthal. Rabbi Meir, sein Leben u. Wirken. Frankf., . 1889. M. Braunschweiger Die Lehrer der Mischna, ihr Leben u. Wirken. Frankf. on the M., 1890. S.Fessler. Mar Samuel, der bedeutendste Amora. Breslau, . 1879. M. Friedldnder. ten u. Amoraer. Geschichtsbilder aus der Zeit der Tanai- Brtinn, 1879. R. Jehuda Hanasi und die Redaction der Mischna. Vienna, 1876. D. Hoffmann. Mar Samuel, Rector der Academic zu Nahardea. Leipsic, 1873. 5. Gelbhaus. M. D. Hoffmann. Biographie des Elischa ben Abuya. Vienna, 1870. Armand Kaminka. Simon b. Jochai (chapter in the Studien zur Geschichte Galilaeas. Berlin, 1890). Un Tanah (Rabbi Meir), tude sur la vie Raphael et 1 enseignement d un docteur Juif du II. siecle. Paris, 1883. L. Lewin. R. Simon b. Jochai. Frankf. on M., 1893. author s L<fvy. M. I. Muhlfelder. des Talmud. J. Spitz. Rabh. Ein Lebensbild zur Geschichte Leipsic, 1873. Rabban Jochanan schulc zu Jabneh. Berlin, 1883. b. Sakkai, Rector der Hoch- THE HISTORY OF THE TALMUD. 60 I. Vie de Hillel Trend. 1 Ancient. Some Women H. Zirndorf. traying distinguished women in Paris, 1867. Israel (pp. of the Talmudic 119-270, por Phila age). delphia, 1892. F. Kauter. Beitraege zur Kenntniss des Rechtsystems Bern, 1895. Hillel der Alte, Lebensbild eines jued. Weisen. und der Ethik Mar Samuels. A. Kisch. Prag., 1889. CHRONOLOGY AND CALENDAR. Geschichte u. System des judischen L. M. Lewisohn. Kalenderwesens. Leipsic, 1856. B. Zuckermann. Materialien zur Entwickelung der altjudischen Zeitrechnung. Breslau 1882. CUSTOMS. M. I. Talmud the New Non-Jewish religious ceremonies in Proceedings of the American Oriental Society) Cassanowicz. (in . York, 1894. Joseph Perles. Zeit. Die jiidische Hochzeit in nachbiblischer Die Leichenfeierlichkeiten im nachbi- 1860. I^eipsic, blischen Judenthum. in " New Breslau, 1861. REMARK. An English translation of both of these two monographs is embodied Hebrew Characteristics," published by the American Jewish Publication Society. York, 1875. M. Fluegel. Gedanken iiber religiose Brauche und An- Cincinnati, 1888. schauungen. DIALECTICS. Aaron Hahn. and Dialecticians The Rabbinical Dialectics of the Dialectics. A History of Cin Mishna and Talmud. cinnati, 1879. EDUCATION. Blach-Gudensberg. Das Paedagogische im Talmud. Hal- berstadt, 1880. M. Duschak. Israeliten. Schulgesetzgebung Vienna, 1872. u. Methodik der alten HISTORICAL AND LITERARY INTRODUCTION. Zur Schul-Paedagogik des Talmud. Sam. Marcus. lin, 61 Ber 1866. L Joseph Simon. Bible et le E. Talmud. Van 6ducation et 1 instruction d aprs la Leipsic, 1879. Die Gelden. Volkeschule des juedischen Alter- thums nach Talmudischen Quellen. Berlin, 1872. Geschichte und Method ik der Schulwesens im J. Wiesen. talmudischen Alterthum. Strasburg, 1892. theoretischen und practischen der Darstellung Alterthum. im Berlin, 1896. Paedagogik juedischen J. Lewit. ETHICS. M. Block. Die Ethik der Halacha. Budapest, 1886. Herman Cohen. Die Nachstenliebe im Talmud. Ein Gutachten. Marburg, 1886. M. Duschak. Die Moral der Evangelien u. des Talmuds. Briinn, 1877. H. B. Fassel. Tugend- und Rechtslehre des Talmud. Vienna, 1848. Die Ethik des Judenthums. Frankfort a. M., Translated into English. (The Ethics of Judaism), 1898. I. Vol. Henriette Philadelphia, 1900-01. Szold, by Die Sittenlehre des Judenthums andern E. Grunebaum. M.Lazarus. Bekentnissen gegeniiber. M. Gudemann. Alex. Kohut. tures. New Strasburg, 1878. Nachstenliebe. Vienna, 1890. The Ethics of the Fathers. A series of lec York, 1885. Zur Charakteristik der talmudischen Ethik. L. Lazarus. Breslau, 1877. Marc. L^vy. Luzzatto. Joel. Essai sur la morale de Talmud. Israelitische Moraltheologie, Paris, 1891. deutsch von M. Breslau, 1870. Das 5. Schaffer. talmudischer Sitten- Recht und seine Stellung zur Moral nach und Rechtslehre. Frankf. on the M., 1889. Geschichtliche Entwickelung des Gebotes der Nachstenliebe innerhalb des Judenthums, kritisch be- N. J. Weinstein, leuchtet. M. Berlin, 1891. L. Rodkinson. Ahbath Adam ah pe Torah She Bal THE HISTORY OF THE TALMUD. 62 peh. In Hebrew Vienna, 1885. nach den a booklet in the periodical Hakol, Vol. VI. German as Nachstenliebe Translated into Talmud" in manuscript. EXEGESIS. W. Backer. Exegesis and Bible Criticism. Ein Woerterbuch der bibelexegetischen Kunstsprache der Tannaiten. Leipsic, 1899. M. Eisenstadt. Ueber Bibelkritik Berlin, 1894. H. S. Hirschfeld. Halachische Exegese. Die Hagadische Exegese. 5. Waldberg. in der talmud. Literatur. Berlin, 1840; Berlin, 1847. Darke Hashinnuyim, on the methods of artifi the Talmud and Midrash cial interpretation of Scriptures in (in Hebrew). Lemberg, 1870. GEOGRAPHY AND HISTORY. A. Berliner. Beitrage zur Geographic u. Ethnographic Babyloniens im Talmud u. Midrasch. Berlin, 1883. Essai sur 1 histoire et la geographic de la J. Derenbourg. Palestine d aprs les Taknuds etles autres sources rabbiniques. Paris, 1867. H. Hildesheimer. Beitrage zur Geographic Palastinas. Berlin, 1886. Armand Kaminka. Studien zur Geschichte Galilaeas. Berlin, 1890. Ad. Neubauer. La geographic du Talmud. M6moire couronne par 1 academie des inscriptions et belles-lettres. Paris, 1868. LAW. a. In General. Jacques Levy. La jurisprudence du Pentateuque et du Talmud. Constantine, 1879. Die Rechte der Israeliten, Athener und Romer. 5. Mayer. Leipsic, 1862-66. M. Mielziner. Legal Maxims and Fundamental Laws of the Civil and Criminal Code of the Talmud. Cincinnati, 1898. HISTORICAL AND LITERARY INTRODUCTION. M. W. Der Talmud und Rapaport. sein Recht fuer Vcrgleichende Rechtswissenschaft, schrift 63 (in Zeit- XIV. Band. Stuttgart, 1900). 7. L. Saalschutz. Das Mosaische Recht, nebst den vervoll2d standigenden thalmudisch-rabbinischen Bestimmungen. Edition. Berlin, 1853. Das Recht u. seine Stellung zur Moral nach talmudischer Sitten- und Rechtslehre. Frankf. on the M., 1889. I. M. Wise. The Law (in the Hebrew Review, Vol. I., pp. 5. Schaffer. Cincinnati, 1880). 12-32. b. Adolph Buechler. Judicial Courts. Das Synhedrion in Jerusalem. Vienna, 1902. E. Hoffmann. Das Gesetz ueber das gerichtlische Beweisver- fahren nach mosaisch-talmudischen Rechte. De J. Selden. Ebraeorum. in der Stadt des Berlin, 1878. Heiligthums. J. Klein. Der oberste Gerichtshof Halle, 1885. Synedriis et praefecturis juridicis veterum London, 1650; Amsterd., 1679; Frankf., 1696. c. Evidence in Law. Die verschiedenen Eidesarten nach mosaisch-talmudischem Rechte. Frankf. on the M., 1883. I. Blumenstein. Z. Frankel. Der Gerichtliche Beweis nach mosaisch-talmudischem Rechte. Berlin, 1846. D. Fink. Miggo als Rechtsbeweis im bab. Talm. Leip" sic, " 1891. d. 0. Bahr. Talmud. Criminal Law. Das Gesetz iiber falsche Zeugen, nachBibelu. Berlin, 1862. P. B. Benny. The Criminal Code of the Jews. London, 1880. M. Duschak. Das mosaisch-talmudische Strafrecht. Vi enna, 1869. J. thum. Furst. Das peinliche Rechtsverfahren im Heidelberg, 1870. jud. Alter- THE HISTORY OF THE TALMUD. 64 Das Vergeltungsprinzip im E. Goitein. schen Strafrecht (in Zeitschrift fiir bibl. u. Wissenschaft talmudi- d. J. Vol. XIX. 5. Mendelsohn. The Criminal Jurisprudence of the ancient Hebrews compiled from the Talmud and other rabbinical writ Baltimore, 1891. La peine de mort dans Thonisson. ings. le Talmud. Brussels, 1886. Defence in criminal cases with the ancient Julius Vargha. translated from the first chapter of the author s large Hebrews, work Vertheidigung in Criminalf alien," and published in the Hebrew Review, Vol. I., pp. 254-268. Cincinnati, 1880. I. Wiesner. Der Bann in seiner geschichtlichen Entwickedem Boden auf des Judenthums. Leipsic, 1864. lung " e. L A uerbach . M. Civil Law. Das j iidische Obligationsrecht . . Berlin 1871. , Die Civilprocess-Ordnung nach mosaisch-rabbinischem Rechte. Budapest, 1882. Block. Das mosaisch-rabbinische Civilrecht. Gr. 1852-54; Das mosaisch-rabbinische Gerichtsver- H. B. Fassel. Kanischa, fahren in civilrechtlischen Sachen. 5. Keyzer. cum. secundum jus Talmudi- Leyden, 1847. /. M. Gr. Kanischa, 1859. Dissertatio de tutela Inheritance and Testament. Der Vertrag nach mosaisch-talmud. Rechte. 1892; Das mosaisch-talmud. Erebrecht. Buda Block. Budapest, pest, 1890; L. Bodenheimer. Eduard Cans. brechts (in Zunz thums, M. sion. p. 419 s Das Testament. Crefeld, 1847. Grundzuge des mosaisch-talmudischen ErZeitschrift fiir die Wissenschaft des Juden sq.). Mielziner. The Rabbinical Law of Hereditary Succes Cincinnati, 1900. Moses Mendelssohn. Ritualgesetze der Juden, betreffend Erbschaften Vormundschaft, Testamente, etc. Berlin, 1778, and several later editions. HISTORICAL AND LITERARY INTRODUCTION. M. W. 65 Grundsaetze des (talmudischen) In- Rapaport. testaterbrechts und Schenkungen (in Zeitschrift fuer Vergleichende Rechts Wissenschaft, XIV. Band. Stuttgart, 1900. De Successionibus in bona defuncti ad leges Joh. Selden. Hebraeorum. A. Wolff. London, 1646; Frankf., 1696. Das Juedische Erbrecht. g. M. Block. Police Berlin, 1888. Law. Das mosaisch-talmudische Polizeirecht. Buda Translated into English by I. W. Lilienthal in the pest, 1878. Hebrew Review, Vol. I. Cincinnati, 1881. Law h. Die Buchholz. P. of Marriage and Divorce. Familie nach mos.-talmud. Lehre. Breslau, 1867. M. Duschak. Das mosaisch-talmudische Eherecht. Vienna, 1864. Z.Frankel. Grundliniendesmosaisch-talmud. Eherechts. Breslau, 1860. Die Autonomie der Rabbinen und das Prin- 5. Holdheim. Schwerin, 1847. cip der judischen Ehe. L. Lichtschein. Die Ehe nach mosaisch-talm. Auffassung. Leipsic, 1879. The Jewish Law of Marriage and Divorce ancient and modern times, and its relation to the law of the M. in Mielziner. State. Cincinnati, 1884. Uxor Ebraica sive de nuptiis et divortiis, etc. Joh. Selden. London, 1646. Stern. Die Frau im Talmud. Zurich, 1879. D. W. Amram. The Jewish Law of Divorce. /. Philadel phia, 1896. i. Laws Concerning Slavery. D. Farbstein. Das Recht der freien und der unfreien Arbeiter nach juedish-talmudischen Recht. Frankfort o. M., 1896. M. Mielziner. s Verhaltnisse der Sklaven bei den alten THE HISTORY OF THE TALMUD. 66 Hebraern nach biblischen und talmudischen Quellen. Copen hagen (Leipsic), 1859. REMARK. Schmidt in the An English translation of this treatise was published by Prof. H. I. Gettysburg Evanr. Review, Vol. XIII., No. 51, and reprinted in the Am. Jew s Annual. I. Cincinnati, 1886. Stellung der Sklaven bei den Juden. Winter. Breslau, 1886. L esclavage selon la Bible et le Talmud nach Bibel u. Talmud. Deutsch von Sklaverei (Paris, 1867); Zadok-Kahn. Berlin, Singer. 1888. LINGUISTICS. A. Berliner. Talmud Beitrage u. Midrasch. zur hebraischen Grammatik im Berlin, 1879. Ad. Brull. Fremdsprachliche Redensarten u. Worter in den Talmuden u. Midraschim. Leipsic, 1869. N. Brull. Fremdsprachliche Worter in den Talmuden u. Midraschim (in Jahrbucher fur jiid. Geschichte u. Literatur, I., Frankf. 123-220). 5am. Kramer. in o. M., 1874. Griechische und Lateinische Lehnwoerter Talmud, Midrasch u. Targum. 2 vols. Berlin, 1898-99. Jos. Perles. Etymologische Studien zur Kunde der rabbi- nischen Sprache G. Rulf. lecte. und Alterthumer. Breslau, 1871. Zur Lautleiire der aramaisch-talmudischen Dia- Breslau, 1879. Mich. Sachs. Beitrage zur Sprach- und Alterthumsfor2 volumes. Berlin, 1852-54. schung. MATHEMATICS. Das Pronomen und das Adverbium des A. Lieberman. Berlin, 1895. babyl.- talmudischen Dialecte. B. Zuckermann. Das Mathematische im Talmud. Be- leuchtung und Elauterung der Talmudstellen mathematischen Inhalts. Breslau, 1878. MEDICINE, SURGERY, ETC. Jos. Bergel. Joach. Chirurgie. Die Medizin der Talmudisten. Halpern. Beitrage Breslau, 1869. zur Leipsic, 1885. Geschichte der talm. HISTORICAL AND LITERARY INTRODUCTION. A. H. Israels. Babylonico. Collectanea Gynaecologica ex 67 Talmude Groningen, 1845. Die Osteologie der Talmudisten. Eine L. Katzenelsson. talmudisch-anatonische Studie (in St. Petersburg, Hebrew). 1888. R. Wunderbar. I. umes. Riga Biblisch-talmudische Medicin. 2 vol (Leipsic), 1850-60. NATURAL HISTORY AND SCIENCES. Studien fiber die naturwissenschaftlichen Jos. Bergel. Kenntnisse der Talmudisten. Leipsic, 1880. M. Duschak. Zur Botanik des Talmud. Budapest, 1870. L. Lewysohn. Die Zoologie des Talmuds. Frankf. on the M., 1858. Imm. Low. Aramaische Pflanzennamen. 1881. Leipsic, PARSEEISM IN THE TALMUD. Alexander Kohut. Was hat die talm. Eschatologie aus dem Parsismus aufgenommen? (in Z. d. D. M. G., vol. XXL, pp. 552-91) Die jiidische Angelologie und Daemonologie in ihrer Abhangigkeit vom Parsismus (Leipsic, 1866); Die talmu; disch-midraschische Adamssage in ihrer Riickbeziehung auf die pers. Yima und Meshiasage (in Z. d. D. M. G., XXV., pp. 59-94) mud Namen der pers. Kobak s Jeschurun, Die ; (in subject in Revue des Etudes babylonischen Feste im Tal The same vol. VIII. 49-64). u. , Juives, Vol. XXIV. POETRY. 5. Sekles. The Poetry of the Talmud. New York, 1880. PROVERBS, MAXIMS, PARABLES. L. Dukes. Rabbinische Blumenlese (Leipsic, 1844) binische Sprachkunde (Vienna, 1851). R. Furstenthal. Rabbinische J. Anthologie. ; Rab- Breslau, 1834. Parabeln, Legenden u. Gedanken aus Tal Midrasch, aus dem Italienischen ins Deutsche iibetragen Giuseppe Levi. mud u. von L. Seligmann. Leipsic, 1863. THE HISTORY OF THE TALMUD. 68 Sentenzen, Spriiche u. Lebensregeln aus Lowenstein. Talmud. dem Berlin, 1887. Talmudic Sayings. Cincinnati, 1895. G. Tabenhaus. Echoes of Wisdom, or Talmudic Sayings, Henry Cohen. Part I. Brooklyn, 1900. PSYCHOLOGY. M. Hamburg, I. Versuch einer Psychologic des Talmud. Jacobson. 1878. Zur talmudischen Psychologie Wiesner. fur judische Geschichte und Literatur, Vol. I., (in 1874, Magazin and II., RELIGIOUS PHILOSOPHY AND HISTORY. M. Ben Dosa und Friedldnder. der heidnischen Philosophic auf das thum. M. seine Zeit, oder Einfluss Judenthum u. Christen- Prague, 1872. Giidemann. Religionsgeschichtliche Studien. Leipsic, 1876. M. II. Joel. Blicke in die Religionsgeschichte zu Anfang des Breslau, 1880. Jahrhunderts. A. Nager. Die Religionsphilosophie des Talmud. Leipsic, 1864. SUPERNATURALISM AND SUPERSTITION. Das Transcendentale, Magik und magiim Talmud. Vienna, 1850. Der Aberglaube und die Stellung des Juden- Gideon Brecher. sche Heilarten David ^foel. thums zu demselben. 2 parts. Breslau, 1881-3. Alex. Kohut. Judische Angelologie u. Daemonologie in ihrer Abhangigkeit vom Parsismus. Leipsic, 1866. Sal. Thein. Das Princip des planetarischen Einflusses nach der Anschauung des Talmud. Vienna, 1876. 5. Wolffsohn. Oneirologie im Talmud, oder der Traum nach Auffassung des Talmuds. Breslau, 1874. POPULAR TREATISES AND LECTURES ON THE TALMUD. Tobias Cohn. Der Talmud. Ein Vortrag. Arsem Darmstetter. The Talmud by Ilenriette Szold). Vienna, 1866. (translated from the French Philadelphia, 1897. HISTORICAL AND LITERARY INTRODUCTION. 69 Emanuel Deutsch. What is the Talmud? (in the Quar in the Literary Re terly Review for October, 1867, reprinted New York, mains, M. 1874). Der Geist des Talmud. Breslau, 1887. Zwei Reden ueber den Talmud. Frank Eschelbacher Ehrentheil. J. fort o. M., 1897. . Karl Fischer. Gutmeinung iiber den Talmud. Vienna, des Talmud. 1883. H. Anklaeger und Goitein. Frankf. o. Vertheidiger M., 1897. Sams. Raph. Hirsch. thum und zur Beziehung des Talmuds zum JudenFrankf. sozialen Stellung seiner Bekenner. o. M., 1884. P. I. Hershon. Talmudic Miscellany. London, 1880. London, 1882. P. L. Hershon. Treasures of the Talmud. Rabbis. New York, the from Stories Isaacs. S. Abram 1893. A. Jellinek. Der Talmud. Zwei Reden (Vienna, 1865); Der Talmudjude. 4 Reden (Vienna, 1882-83). M. Joel. Gutachten iiber den Talmud. Breslau, 1877. Der wahre Talmudjude. Die wichtigsten Albert Katz. Grundsatze des talmudischen Schriftthums iiber das sittliche Leben des Menschen. Berlin, 1893. Die Wahrheit uber den Talmud (aus dem Fran5. Klein. zosischen "La verite sur le Talmud," iibersetzt von S. Mannheimer. Basel, 1860. La Contro verse sur Isidore Loeb. Louis. le Talmud sous Saint Paris, 1881. H. Polano. The Talmud, that ancient book. Selections from the contents of London, 1876. Zur Characteristik des Talmuds Ludwig Philip p son. Vol. II., The Talmud. A " Weltbewegende Fragen." 1869). Em. Schreiber. pp. 349~4i6. series of (4) (in Leipsic, Lectures. Denver, 1884. Ueber den Talmud. Vortrag. Wurzburg, 1875. dem Talmud. Zurich, 1 883 A. A. Wolff. Talmudfjender (the Enemies of the Talmud), L. Stern. J. Stern. Lichtstrahlen aus . in Danish. Copenhagen, 1878. Der Talmud. Wunsche. August EineSkizze. Zurich, 1879. THE HISTORY OF THE TALMUD. 70 M. What Rodkinson. L. the is Hebrew, the first chapter of which as an appendix to the Pentateuch. ters). In the Chicago, 1894. New Amsterdam Book is Talmud? (A book in translated into English language and charac prospectus issued by the republished with additional Its first Co., it is remarks. CHAPTER WHY SHOULD IX. CHRISTIANS FEEL INTERESTED IN THE TALMUD?* Christian theology and Jewish theology having really fol lowed two parallel paths, the history of either cannot be under stood without the history of the other. Numberless material details of the gospels find, moreover, their commentary in the Talmud. The distinction of epochs is here very important, . . the compilation of the Talmud extending from the year 200 to the year 500 nearly. Kenan s "Life of Jesus" Introduction. Is the literature that Jesus was familiar with in his early years yet in existence in the world ? Is it possible for us to get at it? Can we ourselves review the ideas, the statements, the modes and thinking, on moral and religious sub jects, which were current in his time, and must have been re volved by him during those silent thirty years when he was of reasoning pondering his future mission ? To such inquiries the learned Jewish rabbis answer by holding up the Talmud. Here, say they, is the source from whence Jesus of Nazareth drew the teachings which enabled him to revolutionize the world; and the question becomes, therefore, an interesting one to every class of Christian, What is the Talmud? . . . The Talmud, then, is the written form of that which, in the time of Jesus, was called the Traditions of the Elders, and to which he makes frequent allusions. What sort of book is it? The answer is at first sight discouraging to flesh and spirit. The Talmud appears to view in form of fourteen heavy folio volumes, of thick, solid Hebrew and Aramaic consonants, with out a vowel to be seen from the first word of the first volume * Many learned men, as is well known to any student, have in each century since the close of the Talmud written about the necessity of Talmudic studies, even for have, nevertheless, selected for quotation some statements of modern non-Jews. scholars of this century, to the effect that the study of the Talmud is highly useful to Christian theologians. We WHY SHOULD THE TALMUD BE STUDIED? 71 word of the last. Such is the Jewish Talmud, in both the Jerusalem and the Babylonian. Who can cluding read it? It can be read, for it has been read The Talmud is the great repository of the mental products of a most vigorous and vivid race of thinkers, through long ages of degradation, persecution, oppression, and sorrow; and, as such, few human works are more worthy of, or will better to the last . . . human nature What light it may shed on the words of Jesus and Paul to know the modes of thought which were such a perfect world in repay, the student of . . . When Paul speaks of his studies at the feet of Gamaliel, one of the principal authors of the Talmud, of his profiting in the matters of law above many of his equals, we see him, an ardent young enthusiast, on the way to become an accomplished rabbi, perhaps even a Nasi, in some future day, their time! and we understand what he means when he But what says, It was these I counted loss to Christ." things were gain to me, a whole education and a whole new feet of his life s " work that he threw at the Master. Looking at the Talmud with any other ancient sacred writings extant in the world, except the Bible, we must be struck with its immense superiority I desire, in conclusion, to express my obligations to the ponderous erudition of the two older standard authors on this in contrast . subject . . . . . The writings of Dukes, an author of our own day, are es pecially rich in regard to Rabbinic proverbs and apologues; and in one of his prefaces he expresses the hope that they may be of some use even to that rather numerous body of Christians who give little other evidence of being Christians at all, except that of hating the Jews. Atlantic Monthly, vol. 21, p. 673, sq. The science of our day owes to itself the duty of studying the Talmud impartially. It will judge worthy of its attention this monument of a religion and a civilization whose influence has not been void in the world, and whatever its absolute value may be adjudged to be, science will understand it, and study It will demand of the Talmud its formation and development. instruction, or, at least, information, almost as varied as the The historian subjects coming within the compass of science. will address himself to it for light upon the history of the THE HISTORY OF THE TALMUD. 72 and of the centuries im and though not seeking in it precise earlest centuries of the Christian era, mediately preceding it, data, which it cannot furnish, he will be sure to find a faithful picture of the beliefs and ideas of the Jewish nation on its moral The naturalist will ask of it numerous ques spiritual life. tions concerning the sciences, physical, natural, or medical. Has it ever occurred to any one to compile, if not the fauna, at and Talmud that is, of the Palestine and Babylonia contemporary with the Empire ? It were easy with it as a basis to furnish a second edition of Pliny s Natural His The lawyer will ques tory, certainly as valuable as the first. least the flora of the tion it ; on the history of its jurisprudence, will investigate whether, how, and by what intermediaries Roman law and Persian customs influenced it, and it will be a curious study to compare the results that two different civilizations, directed principles, have reached in the jus civile and the The mythologist will dive into its legends, Talmudicum. jus a nice and, by application of the comparative method, deter mine the history of Midrashic mythology. The philologist will by opposite devote himself to the language that abrupt, rough language by means of which the Talmud seems to please itself in heaping up obscurities of form over those of the thought, and he will be sure to make more than one happy find. For, says the author of the History of the Semitic Languages, "the lexical spoliation and grammatic analysis of the Talmudic language, according methods That language to the of philology, remain to be made hiatus in the history of Semitic modern fills a . . . idioms. Finally, the philosopher will demand of the Talmud the ex planation of Judaism and the history of Jewish institutions, and as the Talmudic books offer the completest expression thereof, and as he has at hand all the component elements, a the law of the development scrupulous analysis will give him The Talmud," p. 96. of the Jewish religion. --Darmesteter, Here we have an attempt and the attempt is praiseworthy " to put the Talmud, or the substance of it, into plain English, and for this the Christian reader, if not the learned rabbi, must be grateful to the translator. Independent, April 7, 1898. Published in the second prospectus issued by the New Tal mud Publishing Co., adding to them some remarks of Mielziner s WHY SHOULD THE TALMUD BE STUDIED ? 73 Hebrew College at some Cincinnati, years ago To impress you the more with the necessity of the Talmudic studies for a clear conception of Judaism and its history, I could address to the senior class of the Union : also quote the opinions of many of our greatest scholars, but shall confine myself only to a quotation from the writings of two of our most renowned scholars whom none will suspect of hav ing been biased by a too great predilection for the Talmud one is the late Dr. Geiger, and the other our great historian, the late Dr. Jost. ; Geiger (Das Judenthum und seine Geschichte, I., p. 155) in speaking of the Talmud and the rabbinical literature, says " : Gigantic works, productions of gloomy and brighter peri ods are here before us, monuments of thought and intellectual I do not indorse every labor; they excite our admiration. " word Talmud, nor every idea expressed by the teachers in the time of the Middle Ages, but I would not miss a tittle thereof. They contain an acumen and power of thought which fill us with reverence for the spirit that animated our ancestors, a fulness of sound sense, salutary maxims a freshness of opin of the ion often bursts livening and "Jost II., upon us that even to its en inspiring effect. in his Geschichte des 202, characterizes the words day exercises this Judenthum s Talmud by the und seiner Secten, following masterly : a great mine, in which are imbedded all ores. Here may be found all kinds of and rarest gems, as also the merest the finest valuables, gold Much has unearthed that has realized count dross. been less profit to the world. The great spiritual work whose out come has been apparent in the advancement of religion has " The Talmud varieties of metals is and shown that the Talmud is not only of incalculable value in the it has a self-evident significance for pursuit of wisdom, but that times, which can not be shown by any mere extracts from its pages, and that it can not be disregarded on the plea of its antiq In uity as valueless in the knowledge of the Jewish religion. all it is and must remain the chief source of this knowledge, and particularly of the historical development of the Jewish More than this, it is the abode of that spirit which religion. has inspired that religion, these many centuries, that spirit from deed THE HISTORY OF THE TALMUD. 74 which even those who sought to counteract it could not escape. It is and will remain a labyrinth with deep shafts and openings, in which isolated spirits toil with tireless activity, a labyrinth which offers rich rewards to those who enter impelled by the de sire to gain, not without hidden dangers to those who venture wantonly into its mazes and absorb its deadly vapors. Re ligion has created this work, not indeed to give utterance in an unsatisfactory way to the great questions of Deity and Nature, Mortality and Eternity, and not to carry on controversies upon the proper formulation of articles of faith, but to give expres sion to a religion of deed, a religion designed to accompany man from the first steps in his education until he reaches the grave, and beyond it a guide by which his desires and actions are to be regulated at every moment, by which all his move ments are to be guarded, that takes care even of his food and drink, of his pleasures and pains, of his mirth and sorrow, and seeks to elevate him, at all times, to an enunciation of the pur ; est faith. " It is thus that this enters into the nation s which breathes from the Talmud, inmost life. It offers repeated recitals spirit, modes of thinking, practising, believing, of the true and false representations, of hopes and longings, of knowl edge and error, of the great lessons of fate, of undertakings of the various their consequences, of utterances and their effects, of per sons and their talents and inaptitudes, of words and ex and amples, of customs, both in matters of public worship and pri vate life in short, of all the happenings, past or cotemporary, ; which the Talmud comprises, i.e., a period of nearly one thousand years, excluding the Bible times. in the time " Hence, also, its great value to antiquarians in the frequent allusions to facts, opinions and statements, to modes of expression and grammatical construction, to peculiarities of every kind, which at the same time afford a view of the development of mankind, such as no other work of the past gives. To treat the Talmud with scorn because of its oddness, on account of much that it contains that does not conform to our maturer modes of thinking, because of its evident errors and " misconceptions errors from ignorance or errors in copying to throw it overboard, as it were, as useless ballast, would be OPINIONS OF GENTILES. to insult all history, to deprive to dismember it. it -5 of one of its strongest limbs, To dam up its channels by taking away the Talmud, would be to close the access to the head waters and living sources of the Jewish religion, and thus leave her again in a desert land, after the tables of the law have already called forth a world of It would be turning one s back, as it were, life and activity. and There is a historical jus denying disregarding one s own. " modes of worship and religious forms that have their embodiment in set words and in fixed For this we must look to the Talmud. Judaism is deeds. rooted in the Talmud and would be tossed about in mid-air if torn from its soil, or require a new planting and a new growth. tification for the sharply defined " In conclusion, my young friends, let me say this If our College had no other purpose than to graduate : com mon Sabbath school teachers who should be able to occasionally deliver popular though superficial lectures, the study of the Talmud, as well as that of our rabbinical and philosophical is might have been stricken from the course of your But our College has a higher aim and object. Its to educate future guides and leaders of our congrega tions, to educate banner-bearers of Judaism, representatives literature, studies. object and cultivators of Jewish knowledge and " You can literature. never expect to answer this purpose without a thorough knowledge of, and familiarity with, that vast litera ture that offers us the means to follow and understand the growth and the entire course of devel its beginning to the present time." from Judaism religious formation, the opment of CHAPTER X. OPINIONS ON THE VALUE OF THE TALMUD BY GENTILES AND MODERN JEWISH SCHOLARS. No literary monument of antiquity has ever been subject to so different and opposite views and opinions, as the Talmud. Its strict followers generally looked upon it as the very em bodiment of wisdom and sagacity, and as a work whose author In the non-Jewish ity was second only to that of the Bible. literature it was often decried as "one of the most repulsive THE HISTORY OF THE TALMUD. 76 confused medley of perverted logic, books that exist," as absurd subtilities, foolish tales and fables, and full of profanity, superstition, and even obscenity," or at the most, as "an im mense heap of rubbish at the bottom of which some stray pearls of Eastern wisdom are hidden." It is certain that many of those who thus assumed to pass a condemning judgment upon the gigantic work of the Talmud never read nor were able to read a single page of the same in the original, but were prompted by religious prejudice and antag onism, or they based their verdict merely on those disconnected and often distorted passages which Eisenmenger and his con sorts and followers picked out from the Talmud for hostile "a purposes. Christian scholars who had a deeper insight into the Talwithout literature, being blinded by religious preju dices, expressed themselves quite differently on the character and the merits of that work, as may be seen from the following mudical few quotations. Johann Buxtorf, in the preface to his Lexicon Chald. et Talmudicum, says "The Talmud contains many legal, medical, physical, ethical, political, astronomical, and other excellent documents of sciences, which admirably commend the history of that nation and time it contains also luminous decisions of antiquity excellent sayings deep thoughts, full of grace and sense; and numerous expressions which make the reader not only better, but also more wise and learned, and which, like : ; ; ; unto flashing jewels, grace the Hebrew speech not less than all those Greek and Roman phrases adorn their languages." Other favorable opinions expressed by Christian scholars of the sixteenth to eighteenth centuries are collected in Karl Fischer s Gutmeinung iiber den Talmud der Hebraer." " Vienna, 1883. Of such scholars as belong to our time, the following quoted here may be : The late Professor Delitzsch in his leben zur Zeit Jesu," says "Jiidisches Handwerker- : who have not some degree accomplished the extremely difficult task of reading this work for themselves, will hardly be able to form a clear idea of this polynomical colossus. It is an immense speaking-hall, in which thousands and tens of "Those in OPINIONS OF GENTILES. 77 heard to com mingle. experience, can never be so precisely formulated that there does not remain room for thousand of voices, of at A law, as we least five centuries, are all know from various interpretations and question upon question constantly arises as to the application of it to the endless multiplicity of the ; existing relations of life. Just imagine about ten thousand decrees concerning Jewish life classified according to the spheres of life, and in addition to these, about five hundred scribes and lawyers, mostly from Palestine and Babylon, taking up one after another of these decrees as the topic of examination and debate, and, discussing with hair-splitting acuteness every shade of meaning and practical application and imagine, further, that the fine-spun thread of this interpretation of ; is frequently lost in digressions, and that, after having traversed long distances of such desert-sand, you find, here and there, an oasis, consisting of sayings and accounts of more decrees general interest. Then you may have some slight idea of this and of its kind, unique, juridic codex, compared with whose compass all the law-books of other nations are but Lilliputians, and beside whose variegated, buzzing market din, they represent but quiet study-chambers." J. Alexander, in his book on The Jews; their Past, Present and Future (London, 1870), says: "The Talmud, as it now stands, is almost the whole litera ture of the Jews during a thousand years. Commentator fol lowed upon commentator, till at last the whole became an immense bulk the original Babylonian Talmud alone consists of 2,947 folio pages. Out of such literature it is easy to make which quotations may throw an odium over the whole. But if the fancy production of a thousand years of English literature, say, from the "History" of the Venerable Bede to Milton s Paradise Lost," were thrown together into a number of uni form folios, and judged in like manner if because some super vast, ; " ; monks wrote silly "Lives of Saints," therefore the of works John Bunyan should also be considered worthless. The absurdity is too obvious to require another word from me. Such, however, is the continual treatment the Talmud receives stitious both at the hand of its friends and of its enemies. Both will easy to quote in behalf of their preconceived notions, but the earnest student will rather try to weigh the matter imfind it THE HISTORY OF THE TALMUD. 78 partially, retain the good he can find reject what will not stand the test of s word." Talmud taken by modern Jewish may be seen from the following opinion expressed by The impartial view scholars even in the Talmud, and God of the the late Professor Graetz in his " "History of the Jews (vol. IV., 308 sq.). Talmud must not be considered as an ordinary work consisting of twelve folios it bears not the least "The literary internal resemblance to a single literary production but forms a world of its own which must be judged according to its own ; ; laws. It is, therefore, extremely difficult to furnish a specific sketch of the Talmud, seeing that a familiar standard or an alogy is wanting. And however thoroughly a man of consum mate talent versant with a task. It penetrated its spirit and become con he would scarcely succeed in such in some respects, be compared with the may, may have its peculiarities, Patristic literature, on But which sprang up simultaneously. closer inspection, this comparison will also fail. The Talmud has at different times been variously judged . . . " on the most heterogeneous assumptions, it has been condemned and consigned to the flames simply because it was presented ; in its unfavorable aspect without taking into consideration its It cannot be denied that the Babylonian Tal actual merits. mud labors under some any other mental product, course with inexorable consistency and defects, like which pursues a single undeviating dogmatism. These defects may be classified under four heads: the Talmud contains some unessential and trival subjects, which it treats with much importance and a serious air it has adopted from its Persian surroundings superstitious ; practices and views, which presuppose the agency of interme diate spiritual beings, witchcraft, exorcising formulas, magical and interpretations of dreams and, hence, are in conflict the with spirit of Judaism it further contains several uncharit able utterances and provisions against members of other na cures ; lastly it favors a bad interpretation of Scrip and frequently false commentations. For forced ture, absurd, these faults the whole Talmud has been held responsible and been denounced as a work devoted to trifles, as a source of im tions and creeds ; morality and trickery, without taking into consideration that not a work of a single author who must be responsible it is OPINIONS OF GENTILES. 79 and if it be so, then the whole Jewish people Over six centuries are crystallized in the Tal mud with animated distinctness, in their peculiar costumes, modes of speech and of thought, so to say a literary Herculaneum and Pompeii, not weakened by artistic imitation, which transfers a colossal picture to the narrow limits of a miniature. It is, therefore, no wonder, if in this world sublime and mean, great and small, serious and ridiculous, Jewish and heathen elements, the altar and the ashes, are found in motley mixture. Those odious dicta of which Jew-haters have taken hold were in most cases nothing else but the utterances of a momentary indignation, to which an individual had given vent and which were preserved and embodied in the Talmud by over-zealous for every word, was its author. disciples, who were unwilling to omit a single expression of the But these utterances are richly counterbal of benevolence and philanthropy towards maxims anced by the every man, regardless of creed and nationality, which are also preserved in the Talmud. As counterpoise to the rank super revered ancients. found therein sharp warnings against super heathen stitious, practices (Darke Emori),to which subject a whole section, under the name of Perek Emorai, is devoted.* stition, there are Babylonian Talmud is especially characterized and distinguished from the Palestinian, by high-soaring contempla tions, a keen understanding, and flashes of thought which fit An incalculable store fully dart through the mental horizon. "The and incentives to thinking is treasured in the Talmud, but not in the form of finished themes that may be appro priated in a semi-somnolent state, but with the fresh coloring of ideas of their inception. The Babylonian Talmud leads into the laboratory of thought, and its ideas may be traced from their embryonic motion up to a giddy height, whither they at times For this reason soar into the region of the incomprehensible. it became, more than the Jerusalemean, the national property, the vital breath, the soul of the Jewish people * Sabbath, 66a ; Toseptha, Ch. VII., VIII. PART II. ETHICS OF THE TALMUD. CHAPTER I. TALMUDICAL ETHICS. " Ethics is the flower and fruit on the tree of religion. The ultimate aim of religion is to ennoble man s inner and outer life, so that he may love and do that only which is right and good. This is a biblical teaching which is emphatically re peated in almost every book of Sacred Scriptures. only refer to the sublime word of the prophet Micah : Let me He hath thee, O man, what is good, and what doth the Lord re quire of thee, but to do justice and to love kindness and to walk showed (Micah vi., humbly with thy God? As far as concerns the Bible, its " erally known. 8.) ethical teachings are gen Translated into all languages of the world, that is accessible to every one and whoever reads it with and with an unbiased mind will admit that it teaches open eyes the highest principles of morality, principles which have not been surpassed and superseded by any ethical system of an cient or modern philosophy. But how about the Talmud, that immense literary work whose authority was long esteemed second to that of the holy book " Bible ? What are the ethical teachings of the Talmud ? Although mainly engaged with discussions of the Law, as developed on the basis of the Bible during Israel s second com monwealth down to the sixth century of the Christian era, the " Talmud devotes also much attention to ethical subjects. Not only are one treatise of the Mishna (Pirke Aboth) and some Boraithoth (as Aboth d R. Nathan and Derech Eretz) almost exclusively occupied with ethical teachings, but such teachings are also very abundantly contained in the Hagadic (homiletical) ETHICS. 81 passages which are so frequently interspersed in the legal dis cussions throughout all parts of the Talmud.* It must be borne in mind that the Talmudical literature " embraces a period of about eight centuries, and that the nu merous teachers whose ethical views and utterances are recorded in that vast literature, rank differently in regard to mind and At the side of the great luminaries, we find also At the side of utterances of great, clear-sighted and broad-minded masters with lofty ideas, we meet also with utterances of peculiar views which never obtained authority. Not every ethical remark or opinion quoted in that literature can, therefore, be regarded as an index of the standard of Tal authority. lesser ones. mudical ethics, but such opinions only can be so regarded which are expressed with authority and which are in harmony with the general spirit that pervades the Talmudic literature. Another point to be observed is the circumstance that the " Talmud does not treat of ethics in a coherent, philosophical system. The Talmudic sages made no claim of being philos ophers they were public teachers, expounders of the Law, popu As such, they did not care for a methodically lar lecturers. ; arranged system. All they wanted was to spread among the people ethical teachings in single, concise, pithy, pointed sen tences, well adapted to impress the minds and hearts, or in parables or legends illustrating certain moral duties and virtues. And Their this, their method, fully answered its purpose. ethical teachings did actually reach the Jewish masses, and in fluenced their conduct of life, while among the Greeks, the and systems remained a matter that concerned the philosophers only, without exercising any educating influ ence upon the masses at large. Furthermore, it must be remembered that the Talmudical The sacred ethics is largely based on the ethics of the Bible. treasure of biblical truth and wisdom was in the minds and ethical theories " hearts of the Rabbis. their This treasury they tried to enrich own wisdom and principle contained in by Here they develop a a scriptural passage, and give it a wider observation. * Also the Midrash, a post-Talmudic collection of extracts from popular lectures of the ancient teachers on biblical texts, contains an abundance of ethical teachings and maxims advanced by the sages of the Talmud, which must likewise be taken into " consideration 6 when speaking of Talmudical Ethics. THE HISTORY OF THE TALMUD. 82 scope and a larger application to life s various conditions. There they crystallize great moral ideas into a pithy, impress maxim as a guide for human conduct. Here they give to a ive new jewel of biblical ethics a lustre by setting it in the gold of own wisdom. There again they combine single pearls of biblical wisdom to a graceful ornament for human M. their life." Mielziner. There are many books written upon the ethics of the Tal which are enumerated in the bibliography. The most ex mud the philosophical book of Professor Lazarus, des Judenthums," in German, Frankfort o. M., 1898, cellent of these "Ethik the first volume is of which is translated into English by the Jew we The second volume of this work, ish Publication Society. have heard, is ready for or already in print.* However, to enable the reader, to get an idea of the Talmud Ethics, without troubling him with the various books in differ ent languages, an extract which was mad-3 by Mielziner shall be given in this book, whose selections are so excellent that practi We, however, would call the cally we have nothing to add. attention of the reader to a book written by us in our period Hacol, Vol. VI., Vienna, 1885 (translated into German but not yet published), in which the subject of love of mankind is ical explained in two parallels, that of the Talmud and that in which we have drawn a parallel between the conceptions of both Talmud and Evangelium as to the moral content of the principle of Love. like to give here An extract of this explanation we should : The commandment Old Testament (Leviticus xix., as thyself," the Talmud interprets 17): thy neighbor in a negative sense by the words of Hillel, the elder, thus "That in the "Love : which thou charity, * We not being done unto thyself do not unto thy Talmud adopts in all the ways of all affairs in which man comes in contact with likest and and in neighbor," this rule the cannot restrain ourselves from expressing our great sorrow over the death man which occurred this year. He was our friend and patron, and many of this great days and weeks we had been fortunate to spend in his company, when, in 1883, we had the pleasure to read before him the several thousand quotations from the Talmud, Ethik des Judenthums," at his request. We which we had prepared for his work, However, he wrote certainly do not know how many of them he has made use of. us a few years ago that our name and service would be mentioned in the second volume of his book. To our great sorrow he departed before the second volume was " published. ETHICS. his fellow-man; it is 83 commandment woman before seeing her, for he may based upon this biblical e.g., forbidden to betroth a and as one does not wish to be disliked he not cause must another to be disliked. And so in himself, all connections with one s neighbor, it is forbidden to do him any harm whatsoever, because one dislikes that he himself should be harmed. Also concerning the duties of charity, dislike her thereafter, commandments are to be found in the Old Testament. The Talmud explains most of them nega Thou shalt not leave thy neighbor to suffer any tively, viz. but thou shalt prevent it by supplying him whatsoever, pain numerous special " : with whatsoever thou canst However, the afford." rich man not obliged to divide his money or property with the poor, nor to supply him with luxuries if the poor man had not been used to them before .he became poor. (More details will be found is each subject mentioned further on.) Hence this obligation which is proper and in accordance with common sense, can be in The Evangelist, difficulty. the xix., however, interprets passage (Levit. 17) in a positive Therefore all things whatsoever ye would sense (Matt, vii., 12) fulfilled by every one without any " : men should do to you, do ye even so to them, for this Law and the prophets." After a deep consideration, it is almost impossible for one to entirely fulfil this command ment. According to this, one must divide his money and that is the property with those not possessing such. "Whatsoever ye would that men should do to you!" Who then would not want to be rich and to live luxuriously ; to ride instead of going foot, to be dressed in the best garments according to the Hence if one would like to live up to the latest style, etc.? on must see that the life of his poor should be made exactly equal to his own life, which neighbor and never was never accomplished. The same can certainly words of the Evangelist, he with the command in Luke vi., 29: "And unto him that smiteth thee on the one cheek offer also the other," which was never and will never be fulfilled, as this is against the nature of is mankind, especially when one wrath whilst being beaten. is to be found in the Talmud. He who raises his hand to On the contrary the Talmud says strike his neighbor is already considered wicked even before he The above-mentioned book quotes this has smitten him." is in Therefore nothing of this kind " : THE HISTORY OF THE TALMUD. 84 parallel in every affair in which human beings come in contact with each other. It is remarkable that in the explanation of Deut. vi., 4, "Thou shalt love the Lord thy God, etc.," the Talmud also does not interpret this literally, thinking that it is impossible to impose upon the heart to love, especially whom one has never seen, and of Him one has not even a Therefore they interpreted this passage thus, Lord shall be love d through thy treatment correct idea. The name whom of the commerce with men should be just "thy and peaceful thy yes should be firm and thy no un variable so that it should be proclaimed: Hail the man who follows the Law of the Lord, which is Love thy fellow-men Therefore let us and our children also study this magnificent Law. The result evidently is that the name of the Lord is glorified of thy fellow-men, viz. ; ; ! through thee All the ethics of the Talmud are thus set make is up with a view their observance possible in all their particulars, not the case with the teaching of the Evangelist. to which Finally, we beg to quote the beginning of the first chapter of the above-mentioned book: Abyye used to say: "One should be always keen in the fear of God; use meek talk, prevent wrath, bestow thy greeting upon every one in the market, even if he be a stranger. This will cause you to be by Heaven and liked by thy fellow-men." It was said about R. Yohanan b. Zakkai, that it never happened that he should have been greeted first (for he was it who greeted every loved one first, as soon as he perceived him).* CHAPTER Let us now teachings of the II. try to give a few outlines of the ethical In the first place, concerning Talmud. MAN AS A MORAL BEING. In accordance with the teaching of the Bible, the rabbis man s dignity as a being created in the like- duly emphasize * This paragraph is said by Abyye in pure Bible-Hebrew, which was not the We infer from this and also from the language used by him in every-day talk. he used to say," that he only quoted a traditional proverb which was expression established ever since the oral law had been started. " ETHICS. ness of God. By this likeness of 85 God they understand the endowed with intellectual and moral capacities. The higher desires and inspirations which spring from this spiritual being in man, are called Yetzer tob, the good inclination but the lower appetites and desires which rise from our physical nature and which we share with the spiritual being within us, that is ; animal creation, are termed Yetzer ha-ra, the inclination to evil. Not that these sensuous desires are absolutely evil for they, too, have been implanted in man for good purposes. Without them man could not exist, he would not cultivate and populate this earth, or, as a Talmudical legend runs: Once, ; to pray to God that they might be able to destroy the Yetzer ha-ra, but a warning voice was some over-pious people wanted Evil heard, saying: "Beware, lest you destroy this world!" are those lower desires only in that they, if unrestrained, easily mislead man to live contrary to the demands and aspirations of struggle in man be submits his evil inclina tion to the control of his higher aims and desires is virtuous and righteous. "The righteous are governed by the Yetzer tob, The righteous have but the wicked by the Yetzer ha-ra. their desires in their power, but the wicked are in the power his divine nature. tween the two of their Hence the constant inclinations. He who desires." FREE-WILL. Man s free-will is "Everything is emphasized in the following sentences: God s providence, but freedom ordained by given to man." "Everything is foreordained by heaven, except the fear of heaven," or, as another sage puts it Whether man be strong or weak, rich or poor, wise or fool of choice is : ish depends mostly on circumstances that surround him from the time of his birth, but whether man be good or bad, right eous or wicked, depends upon his own free-will. GOD S WILL, THE GROUND OF MAN S DUTIES. The ground of our duties, as presented to us by the Tal mudical as well as the biblical teachings, is that it is the will of God. His will is the supreme rule of our being. "Do His will Be bold as a as thy own will, submit thy will to His will." " THE HISTORY OF THE TALMUD. 86 leopard, light as an eagle, swift as a roe, and strong as a lion, to do the will of thy Father, who is in heaven." MAN ACCOUNTABLE TO GOD FOR HIS CONDUCT. man s responsibility for the conduct of his life, we are reminded Consider three forcibly by numerous sentences, as things, and thou wilt never fall into sin remember that there is above thee an all-seeing eye, an all-hearing ear, and a record And again, "Consider three things, and of all thy actions." thou wilt never sin remember whence thou comest, whither thou goest, and before whom thou wilt have to render account Of " : ; ; for thy doings." HIGHER MOTIVES IN PERFORMING OUR DUTIES. Although happiness here and hereafter is promised as re for fulfilment, and punishment threatened for neglect of duty, still we are reminded not to be guided by the consid eration of reward and punishment, but rather by love and obedience to God, and by love to that which is good and noble. Be not like servants, who serve their master for the sake of reward." "Whatever thou doest, let it be done in the name ward " of heaven" (that is, for its OWTI sake). DUTY OF SELF-PRESERVATION AND SELF-CULTIVATION. As a leading rule of the duties of self-preservation and selfcultivation, and, at the same time, as a warning against selfish ness, self, am we have Hillel s sentence: who will do it for me? and if "If I I do not care for care only for myself, my what I?" The duty of acquiring knowledge, especially knowledge of (Torah), which gives us a clearer insight in Law the Divine man, is most emphatically enjoined in numerous Without knowledge there is no true morality and sentences Be eager to acquire knowledge, it does not come to piety." "The more knowledge, the more spirit thee by inheritance." If thou hast acquired knowledge, what dost thou ual lack ? but if thou lackest knowledge, what hast thou acquired ? God s will to : " " life." " ETHICS. But we are of no value, 87 reminded that even the highest knowledge is as long as it does not influence our moral life. The ultimate end of all knowledge and wisdom is man s inner puri fication and the performance of good and noble deeds." He whose knowledge is great without influencing his moral life is compared to a tree that has many branches, but few and weak roots; a storm cometh and overturneth also " " it." LABOR. Next to the duty of acquiring knowledge, that of industrious and useful activity is strongly enjoined. It is well known that among the ancient nations in general manual labor was regarded as degrading the free citizen. Even the greatest philos ophers of antiquity, Plato and Aristotle, could not free them selves of this deprecating view of labor. How different was the view of the Talmudic sages in this respect! They say: Love be a and hate to lord. Great is the of labor it labor, dignity labor " " " ; honors " Beautiful the intellectual occupation, if combined with some practical work." "He who does not man." is teach his son a handicraft trade, neglects his parental duty." He who lives on the toil of his hands is greater than he who indulges in idle piety." In accordance with these teachings, some of the most prominent sages of the Talmud are known to have made their living by various kinds of handicraft and trade. CARDINAL DUTIES IN RELATION TO FELLOW-MEN. Regarding man s relation to fellow-men, the rabbis con sider justice, truthfulness, peaceableness and charity as cardinal duties. They say, "The world (human society) rests on three things on on truth and on justice, peace." JUSTICE. The principle of justice in the moral sense is expressed in the following rules Thy neighbor s property must be as sacred s honor must be as to thee as thine own." "Thy neighbor Hereto thee as thine to own." dear belongs also the golden " : THE HISTORY OF THE TALMUD. 88 would be hateful to rule of Hillel: "Whatever thy thee, do not to neighbor." TRUTH AND TRUTHFULNESS. The sacredness and truthfulness is expressed in the sentence: "Truth is the signet of God, the Most Holy." "Let thy yea be in truth, and thy nay be in truth." "Truth lasts of truth but falsehood must vanish." Admonitions concerning faithfulness and fidelity to given promises are: "Promise little and do much." "To be faith "To break a less to a given promise is as sinful as idolatry." verbal engagement, though legally not binding, is a moral Of the numerous warnings against any kind of de wrong." is sinful to deceive ceit, the following may be mentioned: any man, be he even a heathen." "Deception in words is as forever, "It When, says the great a sin as deception in money matters." will be the immortal soul called to before the account Talmud, divine tribunal, the first honest and faithful in all " question will be, Hast thou been thy dealings with thy fellow-men? " PEACEFULNESS. Peace and harmony in domestic life and social intercourse as well as in public affairs are considered by the Talmudic sages as the first condition of human welfare and happiness, or as they express it: "Peace is the vessel in which all blessings are presented to us and preserved by us." God " s Be a disciple of Aaron, loving peace, and pursuing peace." To make peace between those in disharmony is regarded as one of the most meritorious works that secure happiness and bliss here and hereafter. As virtues leading to peace, those of mildness and meek ness, of gentleness and placidity are highly praised and recom mended. "Be not easily moved to anger." "Be humble to thy superior, affable to thy inferior, and meet every man with "He who is slow to friendliness." anger, and easily pacified, is truly pious and virtuous." "Man, be ever soft and pliant like a reed, and not hard and unbending like the cedar." "Those who, when offended, do not give offence, when hearing slighting remarks, do not retaliate they are the friends of God, they shall shine forth like the sun in its glory." ETHICS. 89 CHARITY. The last of the principal duties to fellow-men is charity, which begins where justice leaves off. Professor Steinthal, in his work on General Ethics, remarks that among the cardinal vir tues of the ancient philosophers we look in vain for the idea we charity, and idea find the of con love, mercy charity closely generally nected with that of justice. And we may add, as in the Bible of love and whereas in the teachings of the Bible, so also in the Talmud, where charity is considered as the highest It is one of the main degree in the scale of duties and virtues. on w hich the welfare of the human world r pillars rests. The duty of charity (Gemilath Chesed) extends farther than to mere almsgiving (Tzedaka). "Almsgiving is practised by means of money, but charity also by personal services and by words of advice, sympathy and encouragement. Alms giving is a duty towards the poor only, but charity towards the rich as well as the poor, nay, even towards the dead (by taking care of their decent burial)." By works of charity man proves to be a true image of God, whose attributes are love, kindness and mercy. "He who turns away from works of love and charity turns away from The works of charity have more value than sacrifices God. ; they are equal to the performance of all religious duties." Concerning the proper way of practising this virtue, the Talmud has many table works practised." is beautiful sentences, as "The merit of chari in proportion to the love with which they are : "Blessed is the poor, twice blessed he comforting words." who gives from his substance to who accompanies his gift with kind, he "The noblest of all charities is He who the poor to earn a livelihood." shall not withold his little mite, for " is as a enabling unable to give much garment is made up of single threads, so every single gift contributes to plish a great work of charity." accom DUTIES CONCERNING SPECIAL RELATIONS. Besides these principal duties in relation to fellow-men in of duties con general, the Talmud treats also very elaborately Not life. various of relations the intending to enter cerning THE HISTORY OF THE TALMUD. 9o here into all details, we shall restrict ourselves to some of its and ethical teachings in reference to the domestic relations, regarding the relation to the country and the community. THE CONJUGAL RELATION. build a house and plant a vineyard for the means of the household), and then take a "First (i.e., provide Let " wife." youth and old age not be joined in marriage, lest the purity and peace of domestic life be disturbed." man s home means his wife." Let a man be careful to honor his wife, for he owes to her alone all the blessings of his house." If thy wife is small, bend down to her, to take counsel from her." man should be "Who is rich? He who has a noble wife." careful lest he afflict his wife, for God counts her tears." in anger the one hand removed thy wife or thy child, let the "He who other hand again bring them back to thy heart." loves his wife as his own self, and honors her more than him self, and he who educates his children in the right way, to him "A " " "A "If applies the divine promise: Thou peace in thy are shed on "Tears tent." one who forsakes the wife of is hated before God." his shalt youth." know that there is God s altar for the who divorces "He his wife, PARENTS AND CHILDREN. Parental love should be impartial, one child must not be is a father s duty not preferred to the other." only to " "It provide for his minor children, but also to take care of their instruction, and to teach his son a trade and whatever is neces "The honor and reverence due sary for his future welfare." honor and reverence due to God." are to the to parents equal "Where children honor their parents, there God dwells, there He is honored." COUNTRY AND COMMUNITY. Regarding duties to the country and the community, the Rabbis teach: "The law of the country is as sacred and bind ing as God " s law." Pray without respect for the for the welfare of the government government, men would swallow ; each ETHICS. other." "Do interests." 91 not isolate thyself from the community and "It and is sinful to deceive the its government regard not aspire for public offices; Those but where there are no men, try thou to be the man." who work for the community shall do it without selfishness, ing taxes duties." "Do " but with the pure intention to promote its welfare." GENERAL CHARACTERISTICS. To these short outlines of Talmud ical add only a development of ethics let us a few general remarks. Being essentially the sublime ethical principles and teachings of the Bible, the Talmudical ethics retains the general characteristics of that origin. nothing that is against human nature, nothing incompatible with the existence and welfare of human It is free from the extreme excess and austerity to society. It teaches that is which the lofty ideas of religion and morality were carried by the theories and practices of some sects inside and outside of Judaism. Nay, many Talmudical maxims and sayings are evidently Thus directed against such austerities and extravagances. they warn against the monastic idea of obtaining closer com munion with God by fleeing from human society and by seclu sion from temporal concerns of life: "Do not separate thyself from society." "Man s thoughts and ways shall always be in contact and sympathy with fellow-men." "No one shall de "Better is he part from the general customs and manners." who lives on the toil of his hand than he who indulges in idle , piety." They strongly discountenance the idea of celibacy, which the Essenes, and later, some orders of the Church regarded as a superior state of perfection. The rabbis say: He who lives be unmarried is to without a wife is no perfect man." " "To without joy, without blessing, without kindness, without "As soon as man marries, his religion and without peace." live sins decrease." While, on the one hand, they warn against too much indul gence in pleasures and in the gratification of bodily appetites and against the insatiable pursuit of earthly goods and riches, THE HISTORY OF THE TALMUD. 92 as well as against the inordinate desire of honor and power, on the other hand, they strongly disapprove of the ascetic morti- body and abstinence from enjoyment, and the all luxuries that beautify life. They say: "God s commandments are intended to enhance the value and enjoyment of life, but not to mar it and make it gloomy." tification of the cynic contempt of " If thou hast the means, enjoy who denies himself the use of wine permitted to afflict himself fool, life s innocent is a " pleasures." sinner." "No by unnecessary fasting." He one "The is pious the hypocrite, and the pharisaic flagellant are destroyers human which beautifies life and gives it vigor and strength, just as riches and honor, is suitable to the pious, and agreeable to the world at large." Finally, one more remark The Talmud has often been ac of "That society." : cused of being illiberal, as teaching its duties only for Jews towards fellow-believers, but not also towards fellow-men in This charge is entirely unfounded. It is true, and general. if quite natural, that in regard to the ritual and ceremonial law and practice, a distinction between Jew and Gentile was made. occasionally meet in the Talmud with an uncharitable utterance against the heathen world. But it It is also true that we in what state of moral corruption and deg radation their heathen surroundings were, at that time. And this, too, must be remembered, that such utterances are only made by individuals who gave vent to their indignation in must be remembered view of the cruel persecutions whose victims they were. As regards moral teachings, the Talmud is as broad as humanity. It teaches duties of man to man without distinction of creed and race. In most of the ethical maxims, the terms Adam and Beriyot, favorable who "man," "fellow-men," not despise any "Do side." man." "Seek are emphatically used; as: "Judge man from every peace, and love fellow-men." pleasing to fellow-men is also pleasing to right way for man to choose is to do that which is God." is his "He "The honorable own eyes (i.e., approved by his conscience) and at the In some same time honorable in the eyes of his fellow-men." of reminds duties Talmud that the instances, the expressly justice, veracity, peacefulness and charity are to be fulfilled in his " towards the heathen as well as to the Israelites as, It is sinful to deceive any man, be he even a heathen." It is our duty to ; ETHICS. 93 poor and needy, to visit the sick and bury the dead without distinction of creed and race." relieve the " this Thou is, sh alt love thy neighbor as thyself" (Lev. xix., 18); said R. Akiba, the all-embracing principle of the divine But Ben Azai said, there is another passage in Scrip more embracing; it is the passage (Gen. v., 2) "This is the book of the generations of man; in the day that God created man, he made him in the likeness of God." That sage meant to say, this passage is more embracing, since it clearly law. tures still : tells us who is our neighbor not, as it might be misunderstood, our friend only, not our fellow-citizen only, not our co-religion ist only, but since we all descend from a common ancestor, ; since all are created in the man, every human being we is image and likeness of God, every our brother, our neighbor whom shall love as ourselves. The liberal spirit of Talmudic ethics is most strikingly evidenced in the sentence: "The pious and virtuous of all nations participate in the eternal bliss," which teaches that man s salvation depends not on the acceptance of certain nor on certain ceremonial observances, but articles of belief, the ultimate aim of and holiness of life. purity of heart on that which is religion namely, Morality, PART III. METHOD. The Method Translation into English of our Revised Text in the New Edition." of our " After having submitted the text of the Talmud to a thor ough review, and carried out the corrections thus found necessary, we have come down to the conclusion that the translation of the Talmud into English in this corrected form would be although not one of the easiest, but a possible task. * Thus we made up our mind to start this task, having considered as our leading principle to carry it out in a manner that should facilitate the understanding of the Talmud to such English readers as are not conversant with the we did not Hebrew text. There the discussions of the Mishnas, and which Boraithas the Gemara quotes for the Tosephtas purpose of a contradiction, objection, or comparison with a fore care to give distinguishing expression, as we thought it is immaterial for the English reader. The method of the Gemara, however, is to distinguish the expressions for the purpose of letting the reader know whether the quotation is from a Mishna, To- sephta, or Boraitha, or was only said by the Amoraim, the ex pounders of the Mishna, viz.: (i) Tenan, for the quotation of a Mishna; Boraitha ; (2) (3) Tania, for the quotation of a Tosephta or a Itemar, for the quotation of that which was said by the Amoraim. Therefore in the first volume for all the quotations we have used only one have was learned," or "it we taught." of our editions, expression, "we However, after we were adopted a method of distinguishing the quotations, which is printed in the Explanatory Remarks For a quotation from the to each volume namely Remark i in a have learned "we Mishna," for a Tosephta or a Mishna, criticised for this, also : . ; * See letter of Dr. M. Jastrow in the prospectus of our work, on page 10. OUR METHOD. 95 Boraitha, we have learned in a Tosephta or a Boraitha," and for the sayings of the Amoraim, it was taught. Thus have we also corrected in the second edition of the first and the fourth " volumes: Remark 2. To save space we did not adopt the method of the German translators who usually write question and answer to each paragraph where such is to be found we have indicated the question by an interrogation point, and im ; mediately follows the answer without being so marked. Com ing to the third explanatory remark, in w hich we say that we translate only the second, we have to give here this ex r planation at length, as this treats about omissions from the text in the translation. In our Hakol, vol. VI., No. 298, 1885, in which we an desire to revise and correct the Talmud so as nounced that we to make its translation possible into a living language, we gave some examples of the omissions necessary in Halakha and Hagada for this purpose. And we dare say that the examples were favorably received by eminent students of the Tal mud. As an answer to another criticism in a Hebrew monthly in New York, Ner Hamarobe, we wrote a long article in the same about our method of the omissions in Halakha, claiming that in reality we omit nothing of importance of the whole text, in the shape given out by its compilers, and only that which we were certain to have been added by the dislikers of the Talmud for the purpose of degrading it we do omit. We cannot very well translate the whole space and time. We article here for lack of will therefore limit ourselves to pointing out the omissions of Halakha and Hagada with one or two examples: (i) Omitting repetitions, e.g., in Tract Kethuboth one betroths a woman with the 72b, there is a Mishna, "if not subject to any vows," and the whole Mishna with its Gemara is repeated in Tract Kedushin 58, without any change, and the Gemara to this Mishnayoth stipulation that she is questions why the repetition? was learned by the way," To which the same answer, In repeated in both tracts. our edition the Mishna will appear only once, in Tract Kedu shin, and it is self-evident that the question and the answer "it Gemara is falls off. However, the continuation which is comes in the proper place. This is concerning The discussions in the Gemara are repeated the Mishnayoth. of the of importance THE HISTORY OF THE TALMUD. 96 sometimes from one to fifteen times, some of them without any change at all, and some with change of little or no importance. In our edition we give the discussion only once, in its proper it is a great difficulty to go over all the repetitions, the changes wherever they are, and to consider the matter thoroughly as to which is the most proper place for place. True, to mark However, we did not spare time and careful study. according to our ability we left it at the place which seemed to us to be proper and cancelling all other repetitions.* (2) There is a custom in the text when it brings a statement from an Amora (very seldom also from a Tana) which is in conflict with a Mishna or a Boraitha, and trying to reconcile them by a long discussion, and after it comes to the conclusion them. And that such a reconciliation such was taught We it must impossible, it concludes that be so and so," contrary to the first is "if in our edition translate only the conclusion, whole or the which discussion, omitting partly wholly is to be found elsewhere. (Examples of this are given in our abovementioned article, and as they are very numerous, we cannot statement. give them here). (3) Where there are two versions in the text under the term Lishna achrena (another version), or Ika d amri (some say), or Waibayiik A em a (if you wish, we may say), and the second is contrary or entirely different from the first, we mostly give the second only. However, we are (See our concluding words very careful in omitting such. in Vol. XVII., and as to the last phrase, Waibayith said or thrice, the reader twice many places will find all of them translated in our translation, under the Aema, which page in 8), is you wish it may be said so, and if you wish, it may (4) The reader will find in our edition foot-notes from tract so and "transferred in Halakha as well stating, in do when as so the subject treated is inserted Hagada. We in a place where it is disconnected with the preceding and term, "if be said so." so," following statement; however, there is a special discussion about the same subject in another tract. (Concerning Hagada we did so in Tract Sanhedrin, transferring Hagadas which have * In our edition, we mark and so, it page so and translated. if such an omission comes from that which was already printed, repeated from tract or from volume so in parentheses or in a foot-note so," " : which we could not do with the text which was not as yet OUR METHOD. 97 no connection in the preceding chapters, to the last (eleventh) chapter which is all Hagada. This is done for the purpose of preventing confusion in the reader s mind, which, while engaged in one subject, is abruptly confronted with a strange subject. In a very few places we combine two Mishnayoths which are united in the editions of the separate Mishnayoths, but are (5) divided in the Gemara two or three into (see Nedarim 32b and 33a), to which the Gemara questions "in accordance with what Tana the statement of this Mishna is given," and answers "in accordance with so and so," and the same it does with the divided Mishna with the same question and answer. places where the Gemara discusses in a long paragraph, (6) In "how we assume so, then such a statement would if be in the way, and we assume so, another statement of so and The conclusion, however, is so would be in the way," etc. In and such cases we often translate nicely. explained clearly was the case? Shall the conclusion only, omitting the discussion, which seems to us to be inserted only for the purpose of sharpening the mind. (However, we are very careful with such omissions, and if we them something of importance, we do not omit them.) To this point, may be added then that all the discussions usual in the Gemara why the Tana or the Amora A does not say like B, and why B does not say like C, and C like D, and then why D does not say like C, B, and A, etc. After then when the reason see in given why A does not say like B, and B like C, it is again asked why should A not adopt the reason of B, etc., etc. We then give only the questions and answers of the first category, viz., why does not A agree with B and C, and B and C with A We omit, however, the second category of the questions and answers for not adopting the reasons, which in many places occupy a whole column and after reading it, we do not find is . anything new or important, but simply repetitions after repeti tions which confuse the mind of the reader without doing any (7) Questions which remain undecided and many of good. them are not at all practical but only imaginary, and very peculiar too,* we omit. Many of such questions were ascribed to the Amora Jeremiah, of whom Rabha said that, "When he was in Babylonia he never understood what the Rabbis said." * E.g., 7 mtDTypni ijnpDJ, the translation of which we do not care to give. THE HISTORY OF THE TALMUD. 98 When he (Jeremiah) came to Palestine he expressed himself concerning the Babylonian scholars thus: "The Babylonians who are dwelling in a dark land are proclaiming dark Halakhath." It is the same to us if Jeremiah questioned the abovementioned questions at the time he did not understand the Rabbis, or, as I. H. Weiss said, that he intended with such questions to ridicule the Rabbis, for at any rate such questions must not be placed in our edition. We have good reason to say that all such questions were inserted in the name of Jeremiah Amoraim, by the dislikers of the Talmud, who were to be found from its very beginning, for the purpose of ridiculing We cannot agree with Weiss that Jeremiah himself put it. such questions, as for a similar question If it happened that one has put one foot into the Sabbath limit, and the other foot was still out of it, may he enter or not?" he was immediately driven out from the college. Hence, since the other questions or other " : him much worse than the one would be listened to and We would also state that the above statement of the dark Halakhath by the Babylonian sages was also put in his mouth by the same people, as we cannot believe that such a great Amora like Jeremiah should throw stones in the valley from which he drank his water. Finally, we will give one example concerning Hagadas, in Tract Zebachin, pp. 1 1 33., in the discussion whether the flood was ascribed to are in every respect just mentioned, is it possible that he such inserted as undecided questions ? in Palestine or not, basing their statements "there is no new thing under the sun," i.e., upon Ecclesiastes, no new creatures and as there are to were created after the seven days of creation, be found some creatures which, according to their size, could not enter into the ark of Noah, and we see their existence, it must be concluded that the flood which had destroyed all the crea tures did not take place in Palestine, in which such creatures The opponents of this say that the flood was are to be found. in Palestine also, there were to by Rabba some and of all kinds of the existing creatures, in the ark. the existence of r b. b. Hannah, And when the last were objected em (wild-ox), which, according to the size of its offspring of one day was equal to forty miles, hence it could not in any \vay be entered in the ark, the answer comes that its snout only was in the ark, and the rest of the body was swimming in the water. OUR METHOD. 99 Now we would ask any reader if it is possible that such a thing should be said by any sage of the Talmud, and especially by Resh Lakish, who was one of the greatest Amoraim of Pales tine. As this Hagada was discussed in connection with a Halakha it must not by any means be taken as allegorical. It is therefore more than certain that one who desired to make the Talmud ridiculous put in the mouths of Jochanan and Resh Lakish the discussion about the r em with such a ridicu Hence in our translation it must be omitted. lous answer. There is another one which was put as a question: "May the high priest marry a pregnant virgin ? and to the question "how the answer comes that perhaps can a virgin be pregnant? she became pregnant in a bath where preceding her was a man who had left there his seed." * We do not believe that any one with common sense, and without partiality, can be found who would deny that such things were inserted by the Talmud haters only for the purpose of ridiculing the Talmud. It is self-evident then that in our edition such and numerous similar legends do not find place. " " " Concerning the translation itself, we translate almost In those places where the text of literally but not slavishly. be can understood Gemara the only with the aid of Rashi s commentary, we reproduce the sense without marking Rashi. However, in those places where Rashi adds something to make the text better understood, we put Rashi s commen See fifth remark on the copyrighting; tary in parentheses. but passages inserted from the Gemara itself we put in Those passages, however, which are not explained brackets. or Rashi which we found the explanation more detailed in by " other commentaries, we translate according to the latter s, stating in the respective foot-note that it is according to so and Our only so. desire was to enable the English student, even laymen, to understand the sense without difficulty, in which, according to I. M. Wise in his review of Volume VIII., we have succeeded. We may state also that, though we have our method, yet we were compelled in some It was also impossible for places to deviate from the same. us to arrange our new edition in accordance with the old edistrictly followed * It seems to us that Mary had borne Jesus. such were inserted by one against the belief that the Virgin zoo THE HISTORY OF THE TALMUD. tion; based upon the decision of Sherira Gaon that it is im what order the tracts should be brought, as the material in Gemara itself states that the consecutive order of the Mishna not always to be taken seriously. However, each tract is numbered from page i, so that if the reader prefers binding the tracts according to the former order he may do so. There are, however, many more points concerning our method which we omit for lack of space and time, especially since the method is is fully traced in its main features. w ro TTOO is 13 pspfisoppifiottft . o nx t Tn)0 )ir o nn i tnbn 3 i P fei or -3C!? ODID piftn i i )vft ns OPS TDtoi oJn ntypn fi)oi <*ft ft<o JO iftn < i 7 5r)ftioii pecs proi 5 i ftrr> oo pnnfi - p tnn )n o oiin ]P) cfti hi li Tio ji ftpjpp M? P7 ? iiftn J 13 Oiw ftiWO T3 110JT O i ftiwp "5ii :> wfii oft p : owo jftTUpjftPOVfip mftl or Sy nSyn 01* mix TON inft ( f li Dft >0 tnm ly noy nw o ]j c : : IS > >* wB7P*fiiwnp3 i i 0^1 u >s flpy^j ovo naat >3 3 W on 03m pi os^ft p ar Pn iam rn^ni < -pi W 0P 3nn3 oroi : nmi inK nren jnv i cc 3 "o ,t, , i :o D low D ) nw "mi vna in : s , i i i I vi : P3>)B : * Kp *tw - ^ " few f? mow K m ts^n 30 o tsjn OM: -i vv -tuu nrjnrn ,, n n ajwii IT / irptf B p31 nn3 umi 13 v*v inj JTJ7 u ^, in HDC,T 13Pnl jjxj n /. KD3 rh jn3 tainn 30 onnoiK K ni tainn 3a o noiK Kin *yht n oi p } ftic n o:i H n 7 u o jo p-toift nna S K KoSm KO nnrns p3T "wp Kpniosi )PBOii i UPJB to VTO Koyo KO iS jnj no Dns nnow K m no cns noiK Kin ianK in) no nyi ^jnD rm n:on Kin no cns rvh n n no Van nyn r D in WPJ ftiofi niM n ns u- ,.r, w p? i m ai iam mwiaiK nro "vnnpira B ttsanronarn jna 3"n : &> un TKO ;sn nsn in aS -pw K HT3K naiK nnin; i ? ntrto S i 3 H3 ny rnpnS ]nnn win THKI a S 3B> T oi DP: uino ) 13 iyn oft ft) D : o ft )3ft OUT ! jrt " anpaa jp ? S-i n" pBn rnpos ]K3 JKS mvr(i p"3 fiesiJ 3 1 K trp K ? CJOT 3n noK nnc nna ? K3 p nan K3ita wnB" tr wn wnppa :0 n nia ]3 ya ainS DTI Sy n^x Sins o sn bKne^i 1 tpnpaa o ii WKn m3 Snpn So ma (; aii "oft-oft isftc 1*3 "5MH n? or inft a nan Kara ot-jjoo ofti i * : oib ocic . . ,, j.^ i>ni niKO 13 ]1 nanc Di Ko no: ft : 3m \-<b fti :ft op)c KOI pa S vritsn n o np 3 J o -I::K no nnr nnaKa cosy p ys vn3D KnT3 Krai n 2Koa 3^jn NOT nn n S 3i i3C D p? jf 5 15 -! *| fc , WO/B jPnyriB rt fO 1 ) t 03 lr)1 1 " <7n i5i Utvi *18 ^? C ^"^ v . P? ?! opfi inl ftio D C>0 3?T irji B"*5B* jiya : ft >i :o-)tm oj io j fe ft*53Pon ftift ft> r>33 ]"> " 1 cn:> i * i3ifto pft . w oon3 c uni PIOB ]&) ? i 30 niin- o) ir oiftoB nsft on wft or PIOB IDV oiJio pii pftin 1 Oft pll3; 5 In3 n tonb I O *T : P1?C T^i I ftl 5 ) innw : I 15 ? ft?3 D s teaiSBI 1T3 1 )3 )3 Oft O )ft3 MM? OU P rw p 5u jcn o: iv)3ofiiB 01 IP^J BHS51 ti p PiP iu ow z rp /< Win Sjn fti ro ion inso KO *?J n n \sno nnr nT3Ka KO S KONI ono IOIK S^n 3 o"w tyw nx H7n Kn 3P301 i p i )j-) oi W 13<f)1 " ^ n^uoi ft imft 7 i ; i?i ipj-5303 * -jnift OPO nmft S l 3 1 WWW : 3f> : : i: ft30 i : owo i JPM *0 A w>* ILLUSTRATION OK THE CORRECTED TEXT OK THE BAMYI.ON1AN TALMUD FROM WHICH THE TRANSLATION INTO ENGLISH WAS MADE. PART IV. CRITICISM. In our table of contents to this history announced in the prospectus issued in 1897, we have inserted "A Reply to some Criticism." This would be in place if this history had been published at the time when the criticism was still new. Now, however, after the lapse of six years, during which new proper criticism has not appeared, a reply to what is almost forgotten would be out of place. We, however, cannot restrain our selves to say a few words about criticism in general, and about In our opinion, true criticism must our edition in special. drive only to the point, his mistakes and the critic has to show the author i.e., errors in such and such point, page or para graph, based upon undoubted or uncontradictory evidence, or sense, taking care, however, to avoid partiality and common not criticism but attack. In our expressed our anxiety to face a true criticism, which has not appeared thus far as aught we know. As what concerns the criticism which appeared after the issue of the first volume, the same may be classified in personality. Otherwise it is introduction to Vol. VII., three categories we : (a) Personality against the reviser of the first volume or (b) Opposition on the part of those who dis against ourself liked for some reason the idea of the Talmud being translated in . any living language, pressed study. no matter which in all that by ignoramuses It ; and (c) concerns the the views ex Talmud and its seems to us that a discussion would not persuade either of the three categories, as they indulged only in attacks lacking real evidence, nay, even a basis of probability on which they might have rested e.g. there were some who claimed that our edition is not scientifically arranged, our omissions mutila ting the whole text at large but these did not care to give any example, which might have served them as evidence. ; , ; THE HISTORY OF THE TALMUD. io2 Now, concerning the scientific point of view, we hold that no translation of the Talmud could answer the requirements of a scientific work, as the Talmud itself is nothing but a chaotic mass lacking any scientific order, and should a translator follow scientific tracks, the result of his work would be a but not a translation the Talmud. And, as no example was given, we cannot enter any discussion as to them. Our method was already clearly explained in a lengthy article in Hebrew, out of w hich it might have appeared that our method consists in these very mutilations, and if after that anybody accuses us of mutilating the text we have nothing to say but let him try to invent a better method. treatise on, what regards the of, so-called mutilations, since T However, regarding the criticism of the spelling of some ancient names, which we were not very careful about, and also as to the distinguishing of the quotations from divers Mishnas, Boraithas, etc., we have gratefully admitted its truth and accordingly corrected in the succeeding volumes as well as in the second edition of the first volume, as it can be seen in our answer to these criticisms in the American Hebrew, July 29, 1896, which the critic himself admitted thereafter that it was a gentlemanly answer, though it could not induce him to deny his policy. the above categories And what concerns other criticisms of we may conscientiously say that they were not worthy of any consideration whatsoever, as their basis was the very criticism of this prominent scholar, who en couraged them to attack, to scold, and to make use of any ex pression which is fit to disqualify the work at large in the eyes As an evidence to this latter statement we of its supporters.* * To our great sorrow we must confess that they have succeeded in harming us The material harm was that, as an immediate result both materially and morally. of their attacks, an enormous amount of financial support had been refused to us. The moral harm they caused us was that, being at loss of the necessary funds, we could not submit our work to competent men for revising, and so the whole gigantic labor of issuing all which has been printed so far was carried out only through our own endeavors, to which no assistance, moral or material, was given us on the part And with all our modesty we may say that, had we not been so energetic and strong-minded, our attackers would have succeeded in destroying the whole plan of anybody. and annihilating the publication of our work. A great authority and most influential man in this city, seeing our struggles and troubles after we had already issued several volumes, offered us $6,000 as financial aid for the duration of three years, so as to complete the translation in this period and to submit to him afterwards the whole manuscript, for which he was willing to take the trouble upon himself to find a pub- CRITICISM. beg to quote the ber editorial of The American 103 Israelite, Septem 1901. 19, complaint voiced through the Jewish press that RodTalmud is not receiving the support which its merits deserve is very much in the nature of selfaccusation. The truth is that the great undertaking has never "The kinson s translation of the been able to overcome the onslaught originally made upon it. Recognizing its great value, the late editor of this paper gave to the work from its initial conception his earnest encourage ment and support, which, instead of being seconded by the Jewish press and rabbinate, was met by a torrent of abuse and Now that his foresight has been justified, misrepresentation. and the former detractors of the work complain that Jewish support is lacking, they have a chance to contemplate their own the example set by the late editor of this paper had been emulated instead of neglected and derided, there would not now be occasion to charge the Jewish public with doings. want If of appreciation. was not among Jews alone that the insensate opposition As is per Dr. Rodkinson s difficult project was met with. " It to fectly natural, the non-Jewish press depended largely upon Jewish sources for their information in regard to the work, and therefore reflected the unfavorable opinions expressed by sup posed Jewish authorities. As soon as unbiased reviewers were The above lisher who would undertake to publish it upon the plan of royalty. amount he calculated to obtain of three philanthropists, two Gentiles and one Hebrew. We, however, having conjectured who the Hebrew philanthropist might be, told him he was mistaken, for he is already influenced by the that if he meant Mr. In fact, it was so, and the pro critics and therefore would not support this work. fessor was reduced to drop the whole plan. This case was not the only one. There was another professor who promised to subscribe for twenty sets of our work for the purpose of distributing them among his friends. It was again the critic that prevented him from doing so. The Jewish Publication Society of America, whose aim it is to help authors in issuing their works, and who are constantly doing so, have not assisted us with a sin gle cent, in spite of the fact that all the above-mentioned critics but one had not only retracted from and moderated their first statements, but afterwards wrote favorably about our translation in different periodicals and private letters, as can be seen from the press comments, which will be placed on the last pages of this work. One cannot imagine our struggles and troubles at each issue of the volumes, and it is only our ideal that the edition of the Talmud should be completed which spurs , us to continue. We rely tions issued by us. help, that it will not cease to grant us has lent us to the completion of the two large sec upon the divine further on the assistance which it THE HISTORY OF THE TALMUD. io 4 made aware tude, but the it of its merits, they changed their unfavorable atti late to overcome the prejudice created by was too impression. To-day the non-Jewish press recognizes that it was misled into antagonizing the work, and speaks of it as a most important contribution to the world s stock of knowledge, first must be disheartening to its editor and his pub convince possible purchasers that the authorities upon which they depend for information have experienced a change of heart. It is an old story, that with one moment s but it certainly lishers to not be overtaken by its refutation in a thousand wholly right the wrong, but at least years. amends can be made by those who through ignorance or malice misrepresented Dr. Rodkinson s great undertaking, and it is not by taking a fling at the Jews that this is to be accomplished. start a lie will It is impossible to It is safe to classify the Jews as average human beings, who are neither better nor worse than the rest of mankind, and taking them as such, the proportion among them who encourage Jew ish letters will not be found to fall below what can rightly be expected. This statement, however, does not include the Jews who have been blessed with superabundant riches, for the members of that class have not in this country given to Jewish common among the men of enable the literature of Christianity to be spread broadcast over the world." literature the wealth who same support so APPENDIX TO CHAPTER II., page 24 We have to repeat again that we do not see any reason why the more prominent sages should not be mentioned. To quote all of those omitted, both of Tanaim and Amoraim, with the sources where they are taken from would take a whole volume and we also would not like to devise an entirely new arrangement contrary to Strack, Mielziner and others whose authority we respect. However, we cannot refrain from calling the attention of students to the fact that after a good deal of deliberation and search we cannot find any reason why the most prominent sages should not be placed among the founders of the Talmud. Take, for instance, Abtulmus, who is mentioned in Tract Erubin, who, according to R. Jose, testified in the name of five elders, etc., and who is also mentioned several times in the Gemara and is not identical with Abtalyon who was in an Chapter III., earlier time. Mishna Take 4, also Baba b Buta who, was in the time of Herod the Great, and who was a disciple of Shamai and cannot be counted of his school as he was of those who were troubling themselves to establish the whom Weiss the Halakha in accordance with the school of Hillel and Talmud put up "Geschichte as an der jxidichen example Tradition," of Vol. morality. I., (See p. 168. We also do not find among them Elazai b. Arach, whom we have added, the distinguished one of the five disciples of R. Johanan b. Zakkai, and also no mention of b. Bag Bag, b. Haij Haij, b. Buchre, and Papus b. Jehudah. The contemporaries of these were Jo hanan b. Zakkai, Jehudah b. Bathyra, etc., etc., all of whom are mentioned in the Mishnayoth as great authorities, who according to our opinion ought to be placed among the Tanaim, founders of the Mishna. There mentioned by Strack and Perferkowitz (the latter b. Arach and Simon Shezur), Ben Patturo or Ben Pature, who is to be found only once in the whole Talmud, namely in Baba Metzia, p. 149. Let us quote his statement two were on the road (in the desert) and one of them has a pitcher of water which is sufficient for one only until he may reach an in habited place, but if both would use it both would die before reaching a village, and Ben Patturo lectured that in such a case it is counts Elasur : , "If APPENDIX. io6 is better that both should drink and die than that one should wit This teaching seems to us to be of comrade." not in accordance with the Talmudical spirit, and as his own name is not known (there are many who were named after their fathers only as Ben Dama, b Bathyra, b Azai, but their own name however is known) we are inclined to say that he lived at ness the death of his the Essenes as it is earlier time and it should read Ben Pantira, who was in his * a youth disciple of Jehoshua b Prachyah and it would not be sur in as so it was done with was stated his name that his lecture prising a much Elisha b Abbuyah in Tract Aboth, Chapter IV., notwithstanding that thereafter he separated himself from his colleagues and was named Acker. * and Joseph Pantira, who is usually so mentioned in Tosephta (Chulin, several times. In some places Jesu b. Pantira, in other places Jesu Pantira and also Ben Pantira. Concerning Jehoshua b. v. 22), i.e., and Prachia Jesu b. in the Palestinian who was Talmud his teacher, according to the Talmud, we are inclined were two Jehoshuas rather than to claim that there were two Jesuses. to say there PART V. THE ARRANGEMENT OF THE SIX SECTIONS IN THEIR SIXTY TRACTS. Section Zeraim (Plants) contains eleven tractates, viz. Berachoth (Benediction), supplied with Gemara, both Pales : and Babylonian, Peah (Corner tithe) Dmai (Uncertain), Khilayim (Mixtures), Shebiit (Sabbatical year), Therumoth (Heave offering), Maasheroth (Tithes), Maaser Sheni (Second tinian , (Dough), Orla (Fruit trees during the first three years), and Biccurim (First fruit), all of which are not supplied with Babylonian Gemara. The laws of all of them tithes), Chala concern Palestine at that time the Temple was in existence. Section Nashim (Women) contains seven tracts, viz. Yeba: moth (Levirate marriage), Nedarim (Vows), Nazir Khethuboth (Marriage contracts), (Nazarite), Sota (Suspicious women), Gittin (Divorces), Kiddushin (Betrothals). Section Kodashim (Holiness), eleven tracts: Zebachim Menachoth (Meal-offering), Chulin (Profane Bechoroth (First born), Arachin (Estimations), Thethings), mura (Exchange), Kherithoth (Excisions), Me-ila (Trespass), Thamid (Daily offerings), Middoth (Measurements) and Kinnim (Birds nests). All the above tracts, besides Chulin, treat about sacrifices, offerings used at the time of the Tem Chulin, however, speaks of the laws of slaughtering ple. and of the meats that may be used. KheSection Teharoth (Purification), twelve tracts, viz. lim (Vessels), Ohaloth (Tents), Nego-im (Leprosy), Parah (Heifer), Teharoth (Purification), Mikvaoth (Wells), Nidda (Menstruous) Mach-shirim (Preparations), Zabim (Running (Sacrifices), : , issues), Tebul-Yom (Legal-day TJktzin (Stalks of fruit) no Gemara, ; to all bath), Yadayim (Hands), and of them, except Nidda, there is for the reason stated above tract Nidda, however, treats about all the laws of sexual intercourse. Section Moed (Vol. II., p. 42). The women menstruous and (Festivals), twelve tracts (in our Edition 13), and Section Nezikin (Jurisprudence), ten tracts (in our Edi tion 13), which are already published in the English language. We give, for the benefit of readers, the following synopsis: SECTION MOED (FESTIVALS). SYNOPSIS OF SUBJECTS OF VOLUME TRACT SABBATH. I. SYNOPSIS OF SUBJECTS. SEVERAL requests have been received by the translator that an index should be made to the volumes of the Talmud, as is customary with all modern works. It would be an utter impossibility to give a complete index of everything contained in the which the treat each Talmud it is it like other scientific works, but with ; On one page many different subjects may be The single subject may occupy several pages. different. and again a discussed, Were Talmud. subject separately, this could easily be done had an index, not even the portions which have been translated. After careful examination of the volumes, page by page, it has been de cided to make a synopsis, i.e., to give briefly the heads of the discussions and conversations upon each Mishna, indicating the page where the Mishna is to be found, and the Gemara of each one, which serves as a commentary. By this the reader should be able to refer to what he desires therefore, has never Talmud, to know. A synopsis is therefore given of every Mishna which discusses a single but when several short Mishnas subject, with its accompanying Gemara cover the same subject, a single synopsis is given of the whole, including the Gemara of each one; and where a chapter is short and has but one ; whole chapter Mishnas. This is the best that can be done, and subject, a synopsis of the it is made, without dividing it is hoped that readers into it will find satisfactory. CHAPTER MISHNA /. I. Regulations concerning prohibited and permitted acts of transfer over the dividing line of adjoining premises and the area of such premises the classification of premises in which premises transfer is per ; ; laws of transfer of labor, when committed by the joint efforts of two 1-13 persons transfer from and to doorsteps MISHNA II. Whether work may be commenced at the approach of the time for afternoon prayer; what kind of work is referred to; how a man should pray what he must wear when he may eat his midday meal the mitted ; ; ; ; ; SYNOPSIS OF SUBJECTS. xxx informing of the bestowal of gifts its origin various legends of Sabbath as a valuable ; gift ............ and ; ,Rabh, MISHNA Rabha bar Ma hassia in the of God name of 13-19 Tailors and other artisans are not permitted to go out with their tools on Friday near eventide. Treats also on whether one may ///. ...... read by lamplight on the Sabbath the laws of visiting the sick what prayers may be offered for the sick, 19-22 MISHNAS IV. TO VI. How the eighteen famous ordinances were in stituted in the attic of Hananya ben Hyzkiyah ben Gorion, and by whom the Roll of Fasts was written. Which acts of labor may be commenced on Friday eve concerning labor which is accomplished without assistance of ; ; ; man on Sabbath laws concerning labor which is accomplished without laws concerning work given to Gentiles. Narrative of R. Simeon ben Gamaliel concerning how his father s house dealt with Gentile clothes-washers. On transmission of letters and journey ing on ships on the Sabbath. Regulations pertaining to the roasting of meats and baking of bread before the Sabbath the sacrifices at the Temple on the Passover. Appendix to p. 8, 22-30 assistance of ; man on Sabbath ; ; CHAPTER II. MISHNAS /. AND II. Permissible and non-permissible oils and wicks for lamps on the Sabbath and Hanukah (feast of Maccabbees) the law of the Hanukah lights Hanukah and the miracle the duration of Hanukah benedictions to be said on that festival the reward of those who keep the Sabbath-light commandment the reward of those who esteem scholarship. The second Mishna treats on What balsams may and may not be used both for light and for the person on the Sabbath a narrative of a woman ; ; ; ; ; ; : ; who hated her daughter-in-law who may be called a rich man, 31-42 MISHNAS ///. TO V. What wicks made from parts of trees may be used whether broken vessels may be used for fuel on a biblical feast day what may be done with the residue of oil left in a lamp; practical laws of egg-shells and whether chairs may be dragged on the floor on Sabbath. The different opinions of R. Eliezer and R. Aqiba concerning the defile ment of a piece of cloth, and if it is allowed to make a wick of it. What . ; ; ; happened with R. Jehudah in the Hall of Beth Nitza and with Abhin of who committed certain acts which were not allowed, in the Ziphoris, presence of the sages, MISHNA VI. ......... Whether alight may be extinguished on Sabbath fear of accident or to afford rest for the sick Nav and ; the question asked R. 42-48 either for Tan hum sermon the soul being called the Light of God the intended concealment of the Book of Proverbs and Ecclesiastes the Shekhina (divine presence) not resting with a man except through his joy of having performed a good deed Rabha s custom when commencing his lec tures to his disciples. R. Gamaliel s sermon and answers to the disciple who derided him. The story of the three proselytes rejected by Shamai and accepted by Hillel. "What is hateful to thee, do not unto thy neighbor; of " his replying " ; ; ; ; that is the law. Mishna are All else is but a commentary." inferred from a biblical passage. The The first six sections of the thing asked of a man SYNOPSIS OF SUBJECTS. xxxi when standing before the divine judgment is, "Hast thou traded in good faith The Fear of the Lord is the chief principle. The wicked fear " " ?" death, although mentioning MISHNAS VII. AND it every day, The VIII. 48-53 women sins of are passed upon when confined in childbirth, the sins of men while in danger. A good deed is committed through the agency of a meritorious person and a bad deed through the agency of the wicked all who are about to die must repent of the defenders of man before divine judgment are repentance and A thousandth part of one defender saves a man from the good deeds. danger threatened him by a thousand accusers. The penalties imposed upon man for hating without cause for robbery for perverting or pro for destroying the law for murder for adultery for crastinating justice The story of R. Simeon ben Johai, idolatry; for using obscene language. who remained in a cave for twelve years. The causes leading up to his concealment in the cave his adventures after leaving the cave. The three how they are to be things to be said by a man in his house on Friday eve ; their sins ; ; ; ; ; ; ; ; ; how many signals of the horn were blown twilight takes place to remind the people of the advent of the Sabbath. Is there a difference said when ; ; between a shophar and a fife ?, CHAPTER MISHNAS AND 53-62 III. In which hearths or ovens victuals may be depos The opinions of the school of Hillel and the school of Shamai concerning the same the different opinions upon the teaching of /. II. on the Sabbath. ited ; the two schools. Victuals having once been taken out of an oven, would it be allowed to replace them ? The law concerning a pot of victuals which had been forgotten and was thus cooked on the Sabbath. Usages of R. Jose on his way to Zipporah, and of R. Jehudah Hanassi when travelling. A narrative of R. Ishai while in the presence of R. Hyya the Great. The differ ence in law between an oven and a hearth also, difference arising from an oven or a hearth being heated with straw or with wood, etc., 63-67 ; . MISHNAS ///. TO Customs of the people of Tiberias VII. relative to the Is it allowed to place a pitcher of cold heating of a pitcher of cold water. water into one filled with hot water in order to heat the water or, -vice ; versa, in order to heat the water ? May one wash his body in the warm water of the Tiberius springs or in water warmed on the Sabbath eve ? May the entire toms in body be washed at once or each member separately ? Cus Are sweat-baths permitted on the Sabbath ? a bath-house. Incidents occurring in the bath-house of the city of B ni Brak. Why sweat-baths were prohibited. May one warm himself by a hearth-fire ? Is bathing one s self in a washtub and anointing one s self with oils per mitted on the Sabbath ? Usages of Rabbi Jehudah Hanassi in this matter. a lake permitted on the Sabbath ? Incidents attending R. Abuhu s swimming in a lake on a Sabbath. Concerning the permissibility of pouring cold water in a muliar or antikhi, the fuel of Is swimming Zera s in witnessing R. which had been removed or in a kettle, the hot water of which had been poured out, and the prescribed quantity of such water. Concerning the addition of spices to a pot of victuals. Concerning the permissibility of placing a vessel under a burning lamp to receive its dripping oil or falling ; SYNOPSIS OF SUBJECTS. xxxii Ordi and the placing of a vessel under a hen to receive the egg. nance relating to a corpse lying in the sun. If it is allowed to save a corpse from fire. Prayers to be offered on Sabbath over the dead. The accordance of permission to save a corpse from conflagration on the sparks, Sabbath, 67-74 Concerning the handling of new and old lamps on the Sabbath. Ordinances relative to a bed which had been designated for the purpose of holding money on the Sabbath. The permissibility of handling a burning Hanukah lamp for fear of the Persians. The law of Muktza. The ordinance relative to handling a lamp on Sabbath and the dictum of Resh Lakish in Zidon. The ordinance concerning the nuptial couch. Action of R. Malkia while the guest of R. Simlai and R. Abuhu at the house of R. Joshua ben Levi and R. Johanan. The experience of R. Avia, who came to the house of Rabha and sat on Rabha s bed without removing his dirty shoes. Questions put to him by Rabha, and his replies. The law of a prin What R. Hanina did with a folding-bed that had cipal prohibited act. MISHNAS AND VIII. become unfastened on a IX. feast day, 74-82 CHAPTER IV. MISHNAS /. TO IV. What substances may be used for the preserving of Rabba s and R. Zera s upbraiding of a slave of the Exilarch, while victuals. sojourning the latter in house. s Concerning the replacing of feathers in a pillow. Concerning the opening of a bunghead in a barrel and the making of a neckband in a shirt. Concerning the permissibility of depositing vict and shorn wool intended uals in cloth for market. The derivation of the thirty-nine principal acts of labor on the Sabbath from the thirty-nine times work is mentioned in the Pentateuch. The law concerning branches of " " which were bound together to be used for fuel and were subsequently intended for sitting upon. R. Hanina ben Aqiba s action in such a case. The ordinance relating to the use of soap-powder and soap on the Sabbath. The necessity of washing one s hands and feet for the sake of the Creator. What is to be done with a pot that had not been covered on the eve of trees Sabbath The ? The mutual to Doen his decision of Ishmael in the matter in the presence of Rabbi. R. Na hman s statement ......... respect of the sages for one another. servant, CHAPTER MISHNAS /. TO Levi the son of R. ///. A bridle is A allowed as with a rug, but what to a feed-bag. V. What gear animals may go out in on the Sabbath. Hyya and Rabbi the son of R. Huna, occur bridle may be worn by an ass whose behavior is bad. a guard but not as an ornament. An ass may go out Huna rence on the road. 83-90 is bar the law concerning a saddle? Ordinances relative The decision of Arioch of Babylon (Samuel) in the matter. Concerning bags tied around the udders of she-goats. The miracle that was wrought for a man whose wife died and left him a nursing child. The discus sion of the rabbis about such a miracle. wife was maimed. on Sabbath. Narrative relating to a man whose Concerning gear which may not be worn by animals Peculiarities of the Hanun tree and where it may be found. SYNOPSIS OF SUBJECTS. xxxiii of R. Eliezer ben Azariah. Penalty for the failure to warn one s family against evil. The different signs on the foreheads of the righteous and the wicked. The seal of God. Derivation of the merits of the fathers. The wealth Is death possible without tioned in the Bible sin Defence ? as sinners. for Reuben and Rabbi Hanassi others who s justification are for men David. Was David guilty of listening to slander? Consequences of David s sin. King Solomon s sin. The Archangel Gabriel s act at the time of King Solomon s marriage with Pharaoh s daughter. The most fervent penitents, 91-106 CHAPTER MlSHNAS 7. TO ///. What garments a VI. woman may go out in. Definition of totaphoth. Concerning the garb of slaves. May the rabbis wear their Effect of a sermon on the women of the city insignia of office on Sabbath? Mehuza concerning ornaments in the shape of a crown. Ordinances con cerning nose-bands, earrings, and finger-rings. What garments a man must not go out in. Consequences of wearing iron-bound sandals. The law of majority. How shoes are to be put on. Why one when anointing himself should first anoint the head. Law concerning amulets, both tried and untried. Ordinances concerning hairpins and perfume-bottles. Causes of The trees of Jerusalem, MISHNAS IV. TO IX. Concerning bows, swords, and of poverty. 107-117 shields. Are they Inter is the wearing of such things degrading? pretation of biblical passages. Are they to be taken literally or figuratively. Rewards emanating from the proper study of the Law. Customs of scholars when discussing the Law. God s blessing upon scholars who mutually in considered ornaments or struct one another. Regarding a man who keeps a vicious dog about his Why the children of Israel were in need of forgiveness upon premises. What garments women, their return from the war with the Midianites. young girls, and boys may go out in on Sabbath. and to children of princes. Concerning the danger of the Amorites. Occurrence at the feast CHAPTER References to cripples of imitating the customs given by R. Aqiba, . 117-126 VII. MlSHNAS /. TO ///. The principal rule concerning the Sabbath. Regu Re lations regarding children in captivity among idolaters and converts. maining with idolaters. Rules concerning one who was ignorant as to what was conscious of the Sabbath, and a man while who, travelling in a desert, had for Concerning gotten which day was Sabbath. How labor may be distinguished. Different instances of forgetfulness regarding Sabbath and the performance of labor labor was prohibited on the Sabbath but vice versa. on the Sabbath. Instances of forgetfulness in dietary matters. Instances of intentional and unintentional performance of labor, and their distinction. Enumeration of the forty, less one, acts of labor. Principal and incidental acts. The degree of one who Condemnation of guilt involved in learning magic arts. able to acquire astronomical knowledge and neglects to do so. Another rule was laid down. Discussions concerning the carrying out of is ..... necessary things on the Sabbath and the limitation of quantity. kinds of food may be counted together, Different 127-142 SYNOPSIS OF SUBJECTS. xxxiv CHAPTER VIII. The prescribed quantities of wine, honey, and milk In out on Sabbath. The strength of different wines. stances of stronger creatures fearing weaker ones. Why goats precede sheep in a flock. Why are she-goats not covered with a tail like sheep? has a camel a short tail? Why has an ox a long tail? Why are the MlSHNAS /. TO may be carried V. that Why feelers of a locust soft? What is the reason that the lower eyelids of a hen Three creatures grow stronger, etc. The quantity of rope, paper from which writing has been erased, skins, parchment, bones, loam, etc., which may be carried out on the Sabbath. Honor of man supersedes a turn up? biblical .......... commandment. Isaiah, xxxv. 14, What is magic? CHAPTER The explanation of the verse H3-I53 IX. MlSHNAS /. TO VII. Sayings and deductions of R. Aqiba. The day of week and the month on which the Law was given to Israel. Assump The name of the month tion of authority by Moses and God s acquiescence. on which the Israelites left Egypt, and was it an intercalary month ? The the compulsory acceptance of the law by the Israelites and their subsequent Israel s readiness to voluntary acceptance in the days of Xerxes of Persia. obey even before hearing. The publication of every word spoken by God in seventy languages. Comparison of the sayings of the Torah with a nobleman. The understanding of the Law is healthful, its misinterpretation is poisonous. Every word leaving the mouth of the Lord filled the world with aromatic odors. Complaints of the angels upon the ascension of Moses to heaven. Moses answer. Satan s search for the Torah. Concerning the of a slave toward his master. Rabha s lecture upon the patriarchs bearing and their answers to the complaints of God concerning the children of Israel. Isaac s defence of the children of Israel upon the Lord s telling him that they had sinned. The quantity of spices, dyes, metals, pedler s boxes, and seeds which may be carried out on the Sabbath, 154-170 . CHAPTER . . X. Rules pertaining to one who carries out things The quantities in which they may be carried out. quantities in which they may be carried out by one to whom they are not valuable. Concerning eatables which are carried out of the house and left MlSHNAS 7. TO valuable to him. VIII. The on the doorstep, and things that are carried in the left hand, on the shoulder, on the head, or in the bosom. Concerning one who, while intending to carry a thing in front, accidentally carries it on his back, or vice versa. Concern ing the case of two men carrying out a burden which one alone was not capable of carrying. The law in that case. Concerning the case of one who carries out eatables in quantities less than the limit in a vessel. Is he culpable for carrying the vessel or not ? Concerning the permissibility of paring the finger-nails of one hand by means of those of the other hand on the Sabbath. The forated flower-pot, case of one tearing off flowers from a plant in an unper171-182 SYNOPSIS OF SUBJECTS OF VOLUME II. TRACT SABBATH CHAPTER MlSHNAS I., IV., II., III., and V. XI. Throwing from private into private by What constituted the sin of the wood-gatherer. The mysterious scrolls found by Rabh in the house of his uncle R. Hyya concern ing the principal acts of labor. What was the name of the wood-gatherer. way of public ground. Arraignment of R. Aqiba by Jehudah ben Bathyra for slandering Zelophnaming him as the wood-gatherer, and for slandering Aaron, by Reward for merit comes stating that he had been punished by leprosy. more quickly than retribution for wickedness. Regulations concerning pits chad, by in public ground for the Sabbath. Throwing from a distance of four ells against a wall. Throwing within four ells, when the object thrown rolled to a greater distance. Throwing at sea for a distance of four ells, and throw ing from the sea to land, or from one ship to another. Throwing a thing on Sabbath and recollecting that it was Sabbath immediately afterwards. If the thing thrown was caught by another. The rule concerning what constitutes committing an act through error, involving the liability for a sin-offering, CHAPTER MlSHNAS I., II., III., and IV. 189-203 XII. Concerning building. The amount of * building involving liability for a sin-offering; the amount of ploughing. The with which writing of how many letters make one liable for a sin-offering ; The wonderful statement of some young men at the schoolhouse, which was not heard of even in the time of Joshua the son of Nun. Why the letters of the word Sheqer (lie) are so close together (in the order of sequence of the alphabet) and the letters of Emeth (truth) so far hand that apart Ben ? is to be done. Because lies are very frequent and truth very scarce. Sattadai, being a fool, cannot be cited as an instance, CHAPTER MlSHNAS I., II., III., one must weave to and IV. become One who xli Tattooing. 204-212 XIII. Concerning weaving. culpable. . How many threads tears an article or breaks a SYNOPSIS OF SUBJECTS. xiii in a moment of fury is regarded as one who practises Concerning one who rends his garments upon being advised of the death of a relative on Sabbath. Reward for shedding tears over the death of a righteous man. Fate of those who fail to mourn the death of a scholar. If one member of the community die, let the entire community beware. Rules pertaining to hunting and trapping. May the door be closed on a vessel on the Sabbath idolatry. stag who seeks refuge ..... a dwelling? in CHAPTER 213-218 XIV. MISHNA I. Concerning the eight kinds of vermin mentioned in the On what material the Phylacteries may be written. Samuel s and Kama s experience with Rabh upon the arrival of the latter in Babylon from Palestine. Questions put to Rabh by Kama. Samuel s remedies given Rabh during the latter s illness. Questions put to R. Joshua of Garthi by a Thorah. Bathusee, and R. Joshua s replies, ...... 219-222 Concerning the preparation of salt water on Sabbath. A drop of water the best remedy for sore eyes. Which parts of the body must not be touched by the hand immediately after arising and before performing MISHNA II. morning ablutions. The comparison of the eye to a princess, who should not be touched by a hand that had not been washed three times. Is it per mitted to bathe a sore hand in wine or vinegar on Sabbath? 222-225 the . MlSHNAS III. and IV. Concerning foods and beverages which may be partaken of on Sabbath for medicinal purposes. Definition of the tree-water mentioned in the Mishna. The aptitude of Babylonian beer as a remedy. The use of Ikkarim (a preventive against pregnancy), 225-229 . CHAPTER . XV. MlSHNAS I., II., and III. Concerning the tieing and untieing The poverty of R. Jehudah, the brother of Sallah the the manner he and his shared the use of one pair of sandals, Sabbath. of knots on Pious, and 230-233 . MISHNA IV. Concerning the folding of clothes and the making of beds on the Sabbath. Laws concerning a Sabbath that is concurrent with the Day of Atonement. Distinction of attire on Sabbath from that on week-days. R. Johanan s statement in reference to clothes. Rules for walking on the Sabbath. Inferences drawn from the biblical passage "Give unto the wise, : become wiser." Boaz s object in marrying Ruth. The mention made in the Thorah concerning change of attire. The necessity for a scholar of keeping his attire immaculate. The degree of trustworthiness required of and he will a scholar in order that he The degree may recover a lost article without identification. worth required of a scholar to allow of his eligibility to the presidency of a congregation. Rules concerning the cleansing of food on the afternoon of the Day of Atonement, 233-238 of CHAPTER MlSHNAS I. and II. flagration on Sabbath. XVI. Concerning the saving of sacred is the law concerning such What scrolls from a con scrolls if written in SYNOPSIS OF SUBJECTS. xliii Aramaic, Coptic, Median, old Hebrew, Elamite, and Greek ? What hap pened to Aba Halafta on his visit to R. Gamaliel the Great in Tiberias, while sitting at the table of Johanan the Nazuph. Aba Halafta s reminis cence of R. Gamaliel s grandfather, in reference to the book of Job, written in Aramaic. The law concerning the saving of written benedictions and amulets from a conflagration. One who writes benedictions is regarded as one who burns the Law. What happened to men of Sidon, who wrote bene dictions, which fact became known to R. Ishmael. Why are the two verses (Numbers x. 35 and 36) marked by signs ? What is the law concerning the saving of the Gilyonim and the books of the Sadducees from a conflagration ? R. Tarphon s dictum in this matter. Ema Shalom, R. Eliezer s wife s, and her brother R. Gamaliel s experience with a philosopher, who was also a judge. The law concerning covers of books, and to which place they may be taken in case of MiSHNA fire, . How much 239-257 may be saved from a conflagration on Sabbath ? How should bread be cut on the Sabbath ? The number of meals to be eaten on Sabbath. The amount of property a poor man may own and stiil not be debarred from accepting charitable gifts. What should be given to an itinerant beggar. The reward of those who observe the eating of three meals on the Sabbath. The reward of one who maketh the Sabbath a de light. By what means we may make the Sabbath a delight. The good deeds related by several Tanaim and Amoraim, to have been especially taken care of by them. The different kinds of work performed by each one of the Amoraim personally in honor of the Sabbath. Anecdote told of Joseph, who honored the Sabbath, and his rich Gentile neighbor. The eventual impover III. food ishment of the Gentile through the purchase of a pearl which was swallowed by a fish, and the sudden wealth of Joseph, who bought the fish and found the pearl. Experience of R. Hyya bar Aba while the guest of a rich man in the city of Ludkai. How must the Day of Atonement be honored? What the two angels who accompany man at the close of Sabbath say to one who had honored the Sabbath and to one who had not. The story of R. Abuha and his calf. Different opinions concerning the cause of the destruction of 257, 258 Jerusalem, MISHNAS IV., V., VI., and VII. saved allowed to cover a chest with a goat Partitions to be made with vessels filled with basket from a conflagration. in a How many loaves of bread may be It is skin to keep it from burning. water. Concerning a candle that had fallen on the table. tiles and minors at the extinguishing of a fire Concerning Gen on Sabbath. The miracle occurring for Joseph ben Simai. What dangerous animals may be killed on Sabbath. The dissatisfaction of the pious with those who kill on the Sabbath, and the dissatisfaction of the sages with the pious. Aba bar Minyumi at the house of the Exilarch. Samuel, in The story of R. Gamaliel on board of a ship, and of lit a candle for his own use, 258-265 whose presence a Gentile CHAPTER MlSHNAS bath. Concerning vessels which may be handled on the Sab be removed for lack of space, also from sunshine whether fragments of the vessels may be moved with them, to VI. I. Vessels which into the shade ; XVII. may SYNOPSIS OF SUBJECTS. xliv The questions put to Rabh by Mari bar Rachel, and 266-275 Concerning window-blinds and covers of vessels, and other such matters. Rabh s replies. CHAPTER MlSHNA of guests I. How much on Sabbath. straw may The reward XVIII. be removed for the accommodation Different opinions con for hospitality. The six things of which the interest is cerning the merits of hospitality. paid to man on earth and the principal additional in the things which include the previous world to come. six. The four Concerning one who judges his neighbor charitably, and his reward above. The story of the man who was hired by the father of Hyrcanos for three years, and who was not The story of the pious man who ransomed a paid at the end of the term. maiden from captivity. The story of R. Jehoshua and the Roman matron, and his disciples. Whether salt meat and salt fish may be handled, 276-281 MlSHNA II. Concerning a basket set down for chickens to climb. ..... cerning a woman carrying her child. What animal falling into the water on Sabbath, may Con be done in the event of an 281, 282 MISHNA III. Concerning animals about to calve on a festival. What assistance may be given a woman about to give birth to child on a Sabbath. For how long a period may the Sabbath be violated on account of a woman From what time is she considered to be lying-in ? Where life is lying-in ? at stake, the ordinances may be put to the most lenient construction. Every thing necessary for a sick person, where the illness is not dangerous, should be performed by a Gentile. Concerning bleeding. Meals after being bled. The duty of drinking wine after being bled, and advice to one who has no On what days one should be bled and on what days one should not. Everything mentioned in Ezekiel xvi. 4 may be done for a woman lying-in on Sabbath, 282-287 wine. CHAPTER XIX. MlSHNAS I., II., and III. Concerning the bringing of the knife for circum on Sabbath. When it should be brought publicly and when con Public carrying of cealed; when it should be concealed before witnesses. cision the knife as a proof of the love of the commandment. Commandments ac cepted by Israelites with joy are even now carried out joyfully those received with protest are now reluctantly carried out. Story of Elisha, the man of ; " The Sabbath may be violated on account of preparations for cir wings." cumcision. Concerning the sucking out of the blood, and bandages neces sary for circumcision. What Abayi s mother told him. Rabh s experience with the physicians of Me huzza. Children who have imperfect circulation should not be circumcised until in perfect health. What happened to Nathan of Babylon. How a child should be bathed on Sabbath. The law concern ing hermaphrodites. Concerning a child born at twilight and a child born The story of the child of R. Ada bar Ahabha, who was Whether the Sabbath may be violated on carried to thirteen circumcisers. without a foreskin. account of a child that had been delivered from the side of the mother (with instruments). When a child is called a miscarriage. If a child was to a SYNOPSIS OF SUBJECTS. certainty regularly born, it must in the event of its xlv death be mourned MISHNAS in the 288-305 regular manner, IV., V., Concerning one who had two children and VI. to be Under what circumstances a child may be circumcised after eighth day and until the twelfth. The benedictions pronounced by the circumcised. the .......... circumciser, the father of the circumcision, child, and the assembled guests CHAPTER after the 35~38 XX. I. to V. Concerning wine-filters. Laws concerning foldingQuestion put by R. Kahana to Rabh. Rabh s folding-chairs, etc. The assertion that the reply and the explanation of same by the Gemara. Law will be forgotten by Israel, and R. Simeon s ben Jochai explanation of same. The advisability of investigating amongst the judges in Israel in MISHNAS beds, Corrupt judges the hindrance to the resting of the Lord s Zion s redemption must come Shekhina among the children of Israel. who was accused before R. The of scholar the justice. story young through Ashi. The story told by R. Joseph concerning the goblet of wine served him by Mar Uqba. Concerning the soaking of laserpitium on Sabbath. Several Indisposition of R. A ha bar Joseph, who was cured by laserpitium. sayings of R. Hisda, giving advice. How animals must be fed. Concerning straw on a bed. Concerning customary and unusual handling of things. Small men should not wear large shoes nor women torn shoes, 309-321 times of trouble. . CHAPTER MISHNAS I. to III. Concerning the XXI. lifting of a child in connection with things held by the child, and the lifting of a corpse in connection with other Concerning a base to a prohibited thing. Concerning a stone at the things. Concerning the removal of husks and opening of a barrel or on a cushion. bones from the table. The decision of Abayi that the school of Hillel is always in conformity with R. Simeon s opinion, that the law of Muktza has no foundation, 322-327 CHAPTER MISHNA How much may I. XXII. be saved from a broken cask. Concerning pressed in order to extract the juice. Bunches of grapes may be biblical pressed into the cooking pot direct, but not into a bowl. According to law one is not culpable for pressing any fruit, with the exception of grapes fruit which and olives. is Witnesses testifying from hearsay are not accredited, 328-331 MISHNA Concerning eatables that are dressed with hot water. The three questions propounded by R. Hyya bar Aba Why are the fowls of Babylon so fat ? Why are the Babylonians so merry during the festivals ? II. " : The answers of R. are the scholars of Babylon so well dressed ? If a thing is as certain to thee as the fact that thou canst not Johanan " Why " : marry thy own MISHNAS its contents. " sister, then say it. Otherwise, say it not ! . 331, 332 and IV. Concerning the breaking open of a cask and eating Rabh shows his respect for his pupils R. Kahana and R. III. SYNOPSIS OF SUBJECTS. xlvi Ashi by refusing to sit on a bolster when they sat on the ground. Concern ing the depositing of victuals in a cave. Concerning the dusting of clothes on Sabbath. R. Shesha s, the son of Idi, tasteful arrangement of his cloak. The narrative of R. Dimi in the name MISHNA of and regarding Rabbi, . 332-338 a cavern or in the hot springs of Tibe V. Concerning bathing How the wine of Purgaitha and the water of Deumseth robbed the rias. Israelites of ten tribes. How R. Jehudah had a pledge taken from Rabba bar bar in Hanna to insure the latter s advantage gained by R. Jehudah in appearance learning a CHAPTER at his college, new Halakha, and the 338-341 . XXIII. MISHNAS I. and II. Concerning borrowing and lending. Such acts as must be performed on festivals should be performed in as different a manner to what they are performed on week-days as possible. Concerning the count ing of guests and dishes. Casting lots at meals. A man on whose account another is punished is not admitted into the abode of the Lord, 342-346 . MISHNAS III., IV., and V. Concerning the hiring of laborers on Sab The rule laid down by Abba Saul. Concerning the transaction of the affairs of a community on Sabbath. The betrothal of children on the Sabbath. The miracle which occurred to a man who would not mend a fence bath. Concerning waiting at the techoom on account of Concerning the performance of all necessities for a of his field on Sabbath. a bride or a corpse. corpse on Sabbath, MISHNA 346-353 VI. Closing the eyes of a corpse on Sabbath. Concerning the closing of the eyes of a dying person on a week-day. On account of a living child, only one day old, the Sabbath may be violated; but not even for David, King of Israel, if he be dead, may this be done. A living child one day old need not be guarded from the attacks of rats, but even the dead body of Og, King of Bashan, must be guarded from such attacks. Practise charity when the opportunity presents itself and when it is within thy reach. Poverty is compared to a wheel constantly turning. He who pities living creatures is pitied also in Heaven. The explanation of many verses in Ecclesiastes regarding the human body. Why R. Hanina did not weep over the death of his daughter. There are six kinds of tears which are shed three good and three bad. The dispute of Joshua ben Kar ha with the eunuch. Why Barzillai was a liar. Worms are as annoying to a corpse as a needle is to excrescences on the flesh. The soul of a man mourns for the body seven days. The narrative relating to R. Jehudah and his actions towards a stranger who died in his vicinity. Return thy soul as clean as : " was given and the parable connected with the statement. The con Na hman and the dead body of R. Ahai ben Yashi. The bones of a man who had no jealousy in his heart will not rot. The souls of the righteous are ensconced underneath the throne of honor a twelvemonth after leaving the body. Make my funeral sermon impressive, for I shall be To repent one day before death means to repent every day, lest present." the morrow bring death. At all times let thy garments be white," and the it thee," versation between R. " " parable connected with it, 353-362 SYNOPSIS OF SUBJECTS. CHAPTER xlvit XXIV. MISHNA I. Concerning one who was overtaken by dusk on the eve of Sabbath while on the road. The Sabbath rest must be kept inviolate as far as one s animal is concerned, but one is not responsible for the Sabbath rest of a Gentile. An additional statement concerning the Sabbath rest, which On the day the eighteen precautionary ordi the sages would not reveal. nances were instituted, according to the opinion of some, the measure of laws was made heaping full, while, according to others, it was not filled enough. The examples connected with this statement. Why R. Gamaliel allowed his ass to drop dead under a load, 363-367 MISHNAS II., III., and IV. Concerning the untieing of straw for cattle. Concerning the cramming of camels, calves, poultry, and doves. Kneading on Sabbath. The fate of those born on the different days of the week, accord The seven planets guiding the ing to the diary of R. Jehoshua ben Levi. destiny of man. Designation (Muktza) on account of filth and on account of expensive articles. Concerning the cutting up of pumpkins and carrion, 367-376 MISHNA V. What vows may be annulled on Sabbath. may be annulled before the expiration of twenty-four hours Whether after a vow one hears it pronounced, or only during the same day. How consultation concerning vows must be had. Should a Chacham (sage) only be consulted, or will three ordinary men suffice for that purpose ? How vows are to be annulled on Sabbath. By thought or by word of mouth may one say merely Go, eat and drink The sages comply with the request of Mar Zutraand annul his vow on a Sabbath. How water for ritual purposes may be measured on Sabbath. What happened to Ula at the house of the Exilarch regarding the 376-378 measuring of water in a bath, " ; : " ! ... .... CUSTOMARY CONCLUDING PRAYER. Epigraph. Translator s remarks, 379, 380 APPENDIX.* Concerning the eighteen regulations enacted in the attic of Hananiah ben Hizkyah ben Garon. Their importance and influence on the government of the Jews. The degeneracy of priestdom, 381-390 ..... * We would call the attention of the reader to the appendix of this volume, which prove interesting to the general reader and present something heretofore un published to the student of the Talmud. will SYNOPSIS OF SUBJECTS VOLUME III. TRACT ERUBIN* CHAPTER I. MlSHNA I. treats If an entry be higher than twenty ells. The size ot the height is based upon the door and the porch of the pillars of the temple, If the cross-beam was partly above twenty ells, and or palaces of kings. : The ell used at a booth partly below. the ell used at Kilaim is six spans. and an entry measures The five spans, but several prescribed quantities, the intervention of articles, and the ordinances concerning the walls of entries and booths were given by Moses at the Mount Sinai, and also Gud, Lavud, and crooked walls. About Kal Vochomer (a fortiori), which comes very often in the Talmud. The people there were ignorant, and had to be How must entries facing given a liberal interpretation of the ordinance. public ground be combined by an Erub ? May the rigorous ordinances of two Tanaim be applied to one case ? What was decided about a village of a shepherd, where was an entry which opened into a vacant yard. May the space underneath the cross-beam be used ? The law about an entry which was provided with a number of side-beams (with the illustration). The law about a missing portion of the wall, perceptible from the inside or from the outside (with their illustrations). Whether an entry measuring twenty ells could be reduced to thirteen and a third if built as illustrated ? What R. Jehudah taught to R. Hyya, the son of Rabh, and how Rabh corrected. 1-22 How an apparent door is to be made, ...... II. What is required to legalize the carrying within an entry. sages were very lenient with all things pertaining to water. Whether water may be taken from an arm of the sea which enters a court MlSHNA How the There yard. cross beam. Why a tradition about an entry that can be legalized by a side or Why was Rabbi, or Rabh, more sagacious than his colleagues ? were the school of Hillel favored ? Because modest. Two years the schools of is Shammai and ........ Hillel disputed not been created as he was, * See introduction to synopsis in whether it were better that man had Tract Sabbath, Vol. ix I., p. xxix. 22-28 SYNOPSIS OF SUBJECTS. x MISHNA III. The cross-beam must be wide enough to hold a half of a About a cross-beam put up over an entry but not reaching the oppo wall. Anything measuring three spans in circumference is one hand brick. site in width, 28-31 MISHNAS and VII. The height and thickness of the sidewhatever it may"? About a beam. How much is meant by thickness side-beam standing of itself. There was a pillar about which Abayi and Rabha differed all their lives. Side-beams may be made out of anything. Every open space ten spans wide may be used as an entry. The open space must not exceed in extent the fence proper. How can it be that there should be a contradiction and still the Halakha should prevail according to it ? A IV., V., VI., " fence also be constructed with three ropes, or with cane-laths. may Any partition not constructed on the principle of warp and shoot, whether it is a I swear by the law of Moses, and by the prophets, and by the partition ? Hagiographa, that Rabh said this. It makes absolutely no difference, be it .... a caravan or an individual, in an inhabited place or in the desert. The four privileges granted to warriors in the camp, 31-39 CHAPTER II. MISHNA I. How enclosures are to be made around wells (and illustra To make an enclosure around a well of rain-water is permitted only to the pilgrims to Jerusalem. Adam, the first man, had a dual face. The Lord was sponsor to him. The fires of hell cannot gain access to the bodies Abraham the patriarch, seeing that they are cir of the sinners of Israel cumcised, rescues them. How much in size must the larger part of a cow be reckoned ? May things be carried from a courtyard opening into the tions.) ; enclosure around a well, and vice versa ? I have heard that ye go to the Synagogue of Daniel on the Sabbath upon what grounds do ye do this ? In the time that Solomon the king ordained the law of Erubin, a heavenly Solomon said three thousand proverbs for every one of voice was heard. ; the biblical commandments. and the rewards will The commandments be in the world to come. are to be fulfilled to-day, If a public thoroughfare passes through an enclosure. The paths by which the mountains of Pales tine are ascended do not come under the head of public ground, 40-55 . MISHNAS II. and The III. An enclosure of boards must be made only for a Jehudah b. Babah, R. Aqiba, R. Eliezer, and R. Jose, about a garden or woodshed over seventy ells square. How can one hundred ells in length by fifty by fifty in breadth If a woodshed of more than two saahs (Ex. xxvii. 1 8) be understood ? was fenced in for a In a bleaching-ground (behind a capacity dwelling. house) things must not be carried except for a distance of four ells. What was done by R. Huna bar Hinana, R. Papa, and R. Huna, the son of R. public well. Joshua in difference in the opinions of R. reference to a garden on the estate of the Exilarch containing a 55~6i pavilion, CHAPTER III. MISHNA I. With what kind of victuals may the Erub be effected ? The man who will explain to me the dictum of Ben Bagbag concerning the oxen, " SYNOPSIS OF SUBJECTS. xi to the bath-house." The prescribed quanti R. Jeremiah went out into the villages and was asked whether an Erub may be made with bean-pods. May the lord forgive I said this to him in reference to a Mishna, R. Menashiah bar Shegublick. I will carry his clothes after ties of victuals for him an Erub. " Abayi said My mother told me and drive away care, etc. An Erub must not be made with consecrated things. There are sages who hold that the prescribed quantities which are dependent upon the size of man should be measured accordingly, 62-70 and he said this in reference to a that roasted ears are good Boraitha." : for the heart, MISHNAS II., III., IV., and V. Whether an Erub may be made of things consecrated, or from which heave-offering, etc., has not been separated. When a man sends his Erub by the hand of a deaf and dumb person, an The difference of opinion between R. Na hman and R. idiot, or a minor. Shesheth, whether the established rule that a messenger will perform his errand holds good in rabbinical things only, or also in biblical. If he had If the man should the pit supposed to be situated ? put put the Erub on top of a cane or pole, into a cupboard which he locked and then lost the key, the Erub is nevertheless valid, providing it was a festival. it On into a pit, where is Erub rolls (or is moved) out of when it took place is doubt ful ? If a clean and unclean loaf were before a man, and he was told to make an Erub with the clean one, but did not know which was which ? If thou wilt measure a whole kur of salt and Said R. Na hman to Rabha A man may make his Erub present me with it, I shall tell thee the answer. If one of the two sages had been the man s teacher, he must conditional. go to meet his teacher. It frequently happens that a man has a greater Sabbath, however, it is not valid. the limit of the Sabbath distance ? If If the the time : fondness for his colleague than for his teacher. Why can he not make it conditional upon the arrival of sages from opposite directions ? R. Jehudah does not admit of the theory of premeditated choice. Who is the Tana who holds that the sages also discountenance the theory of premeditated ? 71-82 choice MISHNAS VI., VII., VIII. If a festival how must it be done ? Have two days of precedes or succeeds a Sabbath, the festival each a separate de of sanctification ? The of the four old sages is in accordance opinion gree with or contrary to Eliezer s decision. Is an Erub of the first day valid for the east, and of the second for the west ? My Erub shall be valid for the first day and on the second I am like my townsmen. What was said to the men who prepared baldachins for marriages. How is it with the benedic on the days of New Year and the Day of Atonement ? How the rabbis sent a man to R. Hisda to see his custom about the benediction Must a fast be completed on a Friday ? of time. 82-92 tion of the time . CHAPTER MISHNA What Rabbon . . IV. Gamaliel, R. Eliezer b. Azariah, R. Joshua, and R. Aqiba discussed when they were on board the ship from Parendisim. Three persons will never come to Gehenna. Three classes of human beings If foes or an evil spirit have die in the possession of their power of speech. carried a man into another town ? The Halakha about which R. Gamaliel I. SYNOPSIS OF SUBJECTS. xii and R. Aqiba disputed the whole day on board the ship. The supposition that the seven Halakhas related on the same Sabbath in the morning in Sura, and in the evening in Pumbaditha, were through Elijah the prophet. How a partition with men can be made. It once happened that flasks of wine were thrown out of Rabba s house on the road in the city of Mehuzza, and what was done with them, 93-100 ....... MlSHNA who go forth on an errand of safety are permitted homes on Sabbath. Besieged cities and those near a All those II. to return to their boundary. The difference of opinions between R. Meir and R. Jehuclah about the entering a town at dusk before Sabbath. According to whom the Halakha prevails when R. Aqiba, R. Jose, and R. Meir, R. Jehudah, Rabbi, Notes about our omissions in the Talmud, about the abbrevi etc., differ. ation of undecided questions, and about the rule laid down by R. MesharIt once happened that rams were brought into the city of Mabrakhta shia. on a festival. Whence do we derive the four ells ? If we were to learn the Talmud in manner, we would never be able to learn anything. An in two parts or deposited in two separate ves this Erub divided by a man 1 sels, MlSHNAS III., Should a IV. 00-11 1 man overtaken by dusk on the road single meant by "legally he has said nothing"? out a tree or hedge ? What is If a man made an error and deposited his Rabba Erub in two directions. What name of R. Jose, that it should he accepted, though he What is the principal way to make an Erub, bread or the said in the had not said so. One who can prepare an Erub and does not do so, is like one driving an ass and leading a camel. R. Jehudah bar Isht tha brought a basket of fruit to R. Nathan bar Oshiya on the eve of Sabbath. If one went beyond the legal limit even a single ell. Opinions of R. Simeon and the sages about feet ? one overtaken by dusk, 111-118 CHAPTER MISHNA I. How V. can the boundaries of a town be extended ? The dif ference between the hearts of the previous sages and those of the later. Why the Judeans retained what they had learned, and the Galileans, not. Whence is it known that the Lord forgave Saul for his sin ? When Joshua b. Ha- naniah was disconcerted by a woman, a girl, and a boy. What Brurih, the wife of R. Meir, told to R. Jose, the Galilean, and also to a young scholar. The explanation of Netzach, Selah, and Voed mentioned in the Bible. If the tables had not been broken the first time the law would not have been How to retain one s knowledge. How the method of forgotten by Israel. R. Preida would teach a dis teaching the law was in the times of Moses. his ciple a thing four hundred times, and once twice four hundred times : reward for this from heaven. If to make a town square. planets of ancient astronomy, comes MlSHNAS II., III., form of an arch. If one The equinoxes. Note about the seven a town is in the ....... 119-131 An allowance of seventy and two-thirds ells of to the town. The difference of opinions whether to IV., V. space must be made each town, or between. What must the distance between the outer villages SYNOPSIS OF SUBJECTS. xiii One must not measure the legal distance except with a line exactly fifty The three kinds of cord. What is meant by cutting straight long. through the mountain. The measurement must be undertaken only by an be ? ells expert. If a town belonging to an individual becomes public property. If is public property becomes the property of an individual. The a town that inhabitants of Kakunai man MlSHNA came before R. Joseph and asked him to give them a an Erub for them to effect VI., VII. .... in their city, A man who is 131-140 at the east of his domicile, telling his son to place his Erub towards the west, or vice versa. What is meant by toward the east ? (and illustrations). If a town stands on the steep banks " " The discussions about the right of the inhabitants of Hamtan and Gadar to carry or go. The inhabitants of a large town may traverse the whole of a small town (but not vice versa}. Mar Jehudah observed that the of a lake. inhabitants of Mabrakhta placed their Erub in the synagogue of the Agubar, CHAPTER MlSHNA city of 140-144 I. One who dwells in the VI. same court with a Gentile, or with The dwelling of a Gentile, one who does not acknowledge the laws of Erub. as far as the laws of Erubin are concerned. Halakha in the place where his master resides ? May a disciple decide a a slaughtering knife is Who sends his gifts to one If brought to a young scholar for examination. If several priest to the exclusion of all others brings famine into the world. Israelites rented apartments from a Gentile, and one of them forgot to make an Erub. One who is tipsy should not pray. Prayer of one intoxicated considered as blasphemy. A quarter of a lug of Italian wine inebriates. to destroy the effects of wine. The night made only for sleep, according to one. The moon made only to facilitate study at night, according to another. The cases in which R. Samuel s father, Three miles walk required R. Samuel, and R. Papa would not pray. Wine made only for mourners and to reward for good deeds the wicked in this world. A house where wine flows not like water cannot be classed among those that are blessed. What R. Hanina bar Joseph, R. Hyya bar Abba, and R. Assi discussed in an inn, the proprietor of which was a Gentile. R. Hisda s lips would trem ble when he met R. Shesheth, because the latter was versed in Mishnaioth and Boraithoth, while the whole body of R. Shesheth trembled when he met R. Hisda, because of his sagacity. The discussion about warm water for a new-born child. How is it possible that two such great men made no Erub. Whether a Sadducee is considered the same as a Gentile, R. Gamaliel and the sages differ. There are two kinds of Sadducees, 145-162 . MlSHNAS and IV. . one of the householders of a court forgets, and does not join in the Erub. From what time is the right to be conferred ? If five men inhabited one court, one must resign his right, if he had forgot ten to join in the Erub. May an heir resign his right or not ? The reason of the difference between Beth Shammai and Beth Hillel about the meaning of resigning the right to a place. The difference of opinion between the sages and R. Simeon about partnership in wine or oil. In courts an Erub must be made with bread, but it is not allowed to do so with wine. DifferII., III., If SYNOPSIS OF SUBJECTS. xiv ence between Beth Shammai and Beth Hillel about five companies occupy ing during Sabbath one hall. Brothers or associates taking their meals at one table but sleeping in separate houses. One who has a vestibule, a gal It happened that lery, or balcony in the court of another, without an Erub. an inhabitant of Naph ha, who had five courts in Uqba, did not join in the Erub with the inmates of the courts. What about the disciples of the col lege, eating in the inns of the valley and passing the night ? college at the 162-169 MISHNAS If five courts open into each other and an V., VI., and VII. both the courts and the alley, or only one of these. combined they alley, How Samuel was asked a question and answered with silence. Does the If two courts were one within the other, and silence signify acquiescence ? if the courts were the prop all the inmates or one forgot to make an Erub If an Erub was placed in the outer court and one of erty of an individual. if ; the inmates either of the outer or inner forgot to join in an Erub, carrying is and how if it was placed in one of the inner courts ? If there prohibited ; was a ?...... between the two, also belonging to an individual, mitted to carry in any of the three third court CHAPTER is it per 170-178 VII. MISHNAS If there be an aperture, four spans square, I., II., III., and IV. between two courts. If in the attic of a house there was a hole for the purpose of fastening a ladder therein, should the house be considered solid ? If there be a wall ten spans high and four spans wide between two courts. If a man comes to diminish the size of the wall referred to in the Mishna. etc., An Egyptian ladder does not diminish a wall, but a ladder of Tyre does. If one erected two benches, one above the other, at the foot of a wall. What I have a tra is the law if several pegs be placed on the pillar in question ? dition that a ladder standing straight against a wall also diminishes its size. What is the law if a man used a tree, which grew right at the wall, for a ladder wide. ? " two courts are separated by a If ditch, ten spans deep and four Thou wouldst prove a contradiction from ness to a Sabbath-law If spans high. courts? " ? a law pertaining to uncleanIf there be between two courts a straw-rick, ten a house which was filled with straw stand between two 179-189 How MISHNAS are alleys to be combined ? If V., VI., VII., and VIII. Whether a transfer of ownership is alleys or legal limits are combined. necessary in case of Erubin of cooked articles. R. Zera was asked whether man Note about a misprint that has If the quan reprinted. How much diminished. of food for the combination becomes required tity is this legal quantity. Eighteen dried figs are sufficient for two meals. The Erub of courts or combination of alleys may be effected with all kinds of nutriment except water and salt. Is it permitted to make an Erub with it may be rented from the existed since the s wife. Talmud has been published and bread made of rice or millet ? A man may give money to the wine-seller or baker in order to acquire the right to join in the Erub. About a Meshikha to a sale and its explanation. If additional inhabitants came into the alley, the right of possession must be transferred to them, . . 189-197 SYNOPSIS OF SUBJECTS. CHAPTER xv VIII. How are the legal limits to be combined ? A I., II., child that is only six years old may go out in the legal limits which have been combined by its mother. How much is the legal quantity of food MISHNAS and III. required to effect the combination of limits ? Note about coins and meas If the inhabitants of a court and balcony ures mentioned in the Tract. should have forgotten to combine an Erub. If there were three ruins be tween two houses, each house may use the adjoining ruin by throwing therein, except the middle one (with illustrations), 198-204 . MISHNAS IV., V., VI., and VII. If man a deposit his . . Erub for the com If a company was bination of courts in a vestibule, gallery, or balcony. seated at table on the eve of Sabbath, the bread on the table may be depended upon an Erub. to serve as If a man leaves his house and goes to take his Sabbath-rest in another town (without previously joining in the If there be a well between two courts it is not lawful to draw water. Erub). If a canal runs through a court it is not lawful to draw water, unless there be a partition. tures, . If a canal flows between two walls which contain aper 204-209 . MISHNAS VIII. and IX. there be a balcony above the water. The If the court be less applicable also on Sabbath. If law concerning robbery is than four ells square it is not permitted to pour water therein on Sabbath, unless a sewer is made. All these regulations concerning the pouring of water apply only to summer, 209-213 CHAPTER IX. MISHNAS I. and II. All the roofs of a town are considered one private ground, provided there be not one roof ten hands higher than the rest. If a man erected an attic on top of his house and provided it with a small door four spans wide, he may carry things in all the roofs. All roofs are con sidered as one private ground in their own right. It happened in a time of danger that we brought up the sacred scrolls from a court to a roof." If a " If there are three woodsheds large roof adjoins a small one. opening into each other, of which the two outer are enclosed while the middle one is not (with illustrations), MISHNAS ......... and V. 214-223 a court (through an incavation of its walls) III., IV., is laid to In a court (the corner walls of which had open public ground. fallen in on Sabbath so) that it has been laid open to public ground on two sides. If an attic If be built over two houses, also if bridges are open at both ends, 223-226 CHAPTER X. MISHNAS I., II., and III. If a man finds tephilin on the road he shou d watch them and bring them into the nearest town or village likewise his child he should hand to his companion, etc. If one buys tephilin of a man who is not an expert, he must examine two tephilin. How came his child on the field or on the road ? This refers to a child that was born there. If a man reads in a scroll (of sacred scriptures) on the threshold of the house and it ; SYNOPSIS OF SUBJECTS. xvi slips out of his hand. On a ledge outside a window it is permitted to place vessels, MISHNAS 227-235 IV., V., VI., VII., VIII., and IX. A man may stand in private in public ground. A man must not, standing in private ground, drink in public ground. A man may catch water dropping from a spout on the roof. If a well, standing in public ground, have an enclosure ten spans high. Beneath a tree, the branches of which droop and cover the ground. The shutters of a bleaching ground or thorn bushes, 235-240 ground and move things that are MISHNAS X. to XVIII. A man must not, standing in private ground, unlock with a key something in public ground. A loose bolt, with a knob to it, is prohibited to use on Sabbath. A loose bolt that is fastened to a may be used in the Temple only. In the Temple the lower hinge of a cupboard door may be refitted into its place. Priests who minister may replace a plaster in the Temple. The Levites performing on musical instru ments may tie a string. The priests who minister may remove a wart from an animal on Sabbath. A ministering priest who hurts his finger may bind it up with reeds in the Temple. Should the carcass of a dead reptile be found in the Temple on the Sabbath the priest shall move it out with his From which parts of the Temple should it be removed ? It is per belt. rope mitted for anyone to enter the Temple for the purpose of building, 240-251 SYNOPSIS OF SUBJECTS VOLUME TRACT SHEKALIM.* IV. CHAPTER I. What were the duties of the Beth Din in the month time of the second Temple. When the Megillah (Book of For what purpose messengers Esther) was to be read in the fortified cities. were sent out, and what were the things to be heralded. MISHNA of Adar a treats of: in the MISHNA mandments MISHNA b treats of What was : the punishment for not obeying the com of Kelayim in the former times and later. c deals with: When the money-changers, with their tables, work in the countries of Judea and in Jerusalem. The time for began From what persons pledges which were taken for not paying the Shekalim. If a father might pay the Shekalim for his the pledges were to be taken. their children. MISHNA ^treats of: What ordinance Ben Buchri proclaimed in Jamnia behalf of the priests, and what R. Johanan b. Zakkai rejoined. The defence of the priests, with their interpretation of biblical passages, which was accepted only for the sake of peace. in MlSHNA treats of: The voluntary payment of Shekalim from women, and minors being accepted, but not from the heathens or Samaritans. Bird-offerings not accepted from persons affected with venereal diseases or from women after confinement. Sin and vow offerings, however, were accepted from the Samaritans. The vow-offerings were also accepted from <? slaves, heathens. MlSHNA half-shekel. The general f rule concerning this. The premium one had to pay in addition to the to do so ? The different opinions of the How much one had to pay if given one Selah and taking deals with Who : was obliged sages and R. Meir. a shekel in exchange. * See introduction to This tract has synopsis in Tract Sabbath, Vol. I., p. xxix. The synopsis contains the Mishnas, with their commentaries. no Gemara. xiii SYNOPSIS OF SUBJECTS. xiv MISHNA g and The law concerning one who pays for a poor man, countryman. Law concerning brothers and part How much was the also, law regarding cattle-tithe. treats of: for a neighbor, for a ners paying together ; premium. CHAPTER II. MISHNA a. One may put together the Shekalim and exchange them for a gold coin called Darkon. Concerning the chests which were given to the What is the law if money were collectors in the country and at Jerusalem. by the messengers of a city, when a portion of the Shekalim what is the law if not expended. stolen or lost was already expended MISHNA ; Concerning the law when one gives his shekels to another to pay his head-taxes for him if he pays his shekels from the money of the second tithes or from the money of the fruit of the Sabbatical year. Con cerning how he shall replace it and use it for the same purpose. b. ; MISHNA little c. and said: The law concerning one who gathered single coins little by "With this money I shall pay my shekels." The different opinions of the schools of Hillel and Shamai in this matter. same case when one gathers money for sin-offerings. Concerning the shall be done What with the eventual remains of such money. MISHNA Concerning the explanation of R. Simeon of the teachings The discussion of the former with R. Jehudah. The claims of the latter that the coins of the Shekalim were also changed in times and places. The rejoinder of R. Simeon to this. d. of the school of Hillel. MISHNA The law concerning the remainder of money intended for Shekalim when considered to be ordinary. Regarding the remainder of the tenth part of an ephah, bird-offerings, and guilt-offerings what shall be done with it. A rule concerning this matter. Also, regulations concerning the remainder of Passover sacrifices, Nazarite offerings, the remainder of moneys for the poor in general and individuals, of money for prisoners, for burial of the dead, and R. Meir and R. Nathan s opinions regarding this matter. <?. : CHAPTER III. MISHNA a. Regarding the appointed periods of the year when the money was drawn from the treasury. The different opinions, concerning this matter, of R. Aqiba b. Asai, R. Eliezer, and R. Simeon. The same time appointed for cattle-tithes. MISHNA b. Concerning the ceremony of drawing the money at all periods of the year. The law regarding measures of the boxes in which the coins of the Shekalim were filled, and the numbers of the chests in which money was drawn from the boxes for the expenses of the Temple. Which box must be opened first, and which last. What garments the person drawing the money must wear. How a man must stand unblemished before the his fellow-man and before his God. MISHNA when the c. Concerning the custom of the house of Rabban Gamaliel, of the house had paid their Shekalim. The law regarding members SYNOPSIS OF SUBJECTS. xv one who drew money did not commence until he had said to the bystanders, I will now draw," and Draw, draw, draw," three times. they answered, " " MlSHNA d. Concerning the covering of the boxes after drawing the For which countries the drawings were performed in the first money. period, the second, and the third. CHAPTER MISHNA IV. What was done with the money drawn ? Concerning the were sent out to guard the after-growth of the Sabbatical The year, of which the Omer and two loaves were taken for sacrifice. opinion of R. Jose in this matter, and what the rabbis answered. watchmen a. that MISHNA b. Concerning the red heifer, the goat that was to be sent away, the strip of scarlet, the bridge for the cow, the bridge for the goat, the canal, the city wall, the towers, and other necessities of the city all were paid for out of the Shekalim money. What Abba Saul said. : MlSHNA c. What was done with the balance of the money left over in the treasury. The discussion of R. Ishmael and R. Aqiba in this matter. Some of the many things which are enumerated in the Palestinian Talmud and which were done with this money. Among them was the hiring of teachers for priests to teach them the laws of the sacrifices. MISHNA d. What was done The different opinions of with the remainder of the moneys of the R. Ishmael, R. Aqiba, and R. Hanina, the assistant chief of the priests, concerning profit if it might be raised from the remaining money or not, and of what money the gold plates for the chest. : decorations of the Holy of Holies were made. Also, concerning the benefit of the altar. MISHNA e. incense of the The What was done with the remainder of the incense (as the New Year sanctification must be bought with the new Shekalim money). of the incense on hand then transferred to that money, and then redeemed with the money of the new revenue. MISHNA_/. Concerning the law when one devoted his entire possessions honor of the Lord what should be done with them. The discussions of R. Aqiba and Ben Asai regarding this matter. in : MISHNA^. Concerning the law when one devoted his possessions, and among them were cattle, male and female, fit for the altar. The discussions of this matter between R. Eliezer and R. Jehoshua. to the opinion of R. Eliezer, which seems to him to be that he had heard that both opinions were right according MISHNA fit R. Aqiba is inclined more proper, but adds to circumstances. one devote his possessions, and among them are things such as wines, oils, and birds, what should be done with R. Eliezer decreed it, and no one opposed him. h. If for the altar, them. MISHNA i. Contractors, for the delivery of all things for the altar and the improvements of the Temple, were appointed every month but if the ; SYNOPSIS OF SUBJECTS. xvi changed during the thirty days, the Sanctuary must not suffer any Such was the agreement made between them. The illustration prices injury. of this. CHAPTER MISHNA Concerning some names V. and the heads of them Sanctuary during the entire period when the second Temple was in existence. What were the officers duties, and how they officiated. a. of the offices in the MISHNA Concerning the order of the head officers namely, the king, the high priest, his assistant, two catholicoses, and seven chamberlains, not less than .two officers being put in charge of public moneys. . ; MISHNA c. Regarding the seals that were in the Sanctuary, serving for the beverages and meat-offerings which must be brought, according to the Bible, with every sacrifice. Concerning the inscription on the seals and their usage. Ben Azai added one seal for the poor sinner. The names of the officers, of the seal-keeper and the officer MISHNA d. The surplus money being belongs ; and MISHNA e. if who the above offerings. : who must supply it. The law concerning one who a sells date must be put on every seal. The law regarding found in the treasury of the seal-keeper to whom it deficit, lost his seal ; what must be done. MISHNA f. Concerning the two chambers in the Sanctuary, of which one was called Chamber of Silence" and the other Chamber of Utensils." What was done there, during what time they were investigated, and what was done with the presented utensils which were useless for the Temple. " " CHAPTER MISHNA VI. Concerning the thirteen covered chests and thirteen tables which were in the Sanctuary. How many prostrations took place in the How R. Gamaliel and R. Hanina, assistant chief of the high Sanctuary. priest, a. added one MISHNA b. in the place Relates how where the ark was hidden. a blemished priest who was engaged in select ing and peeling wood had noticed the place where the ark was hidden, but before he had time to tell it to the others he expired. MISHNA c. Concerning the made. How many gates were in were so named also, different There were two gates which were ; where the prostrations were Temple their names, and why they directions the : opinions of the sages concerning nameless. this. MISHNA d. Of what material the thirteen tables were made, where they what purpose they were used. Concerning the golden table in the Temple itself, upon which the showbreads were constantly lying. stood, for MISHNA in the e. Concerning the inscriptions on the thirteen covered chests Sanctuary, and what was done with them. The different opinions of R. Jehudah and the sages as to using certain money put in some chests. SYNOPSIS OF SUBJECTS. xvii MlSHNA /. Concerning the amount of articles to be furnished in pay ment of a vow one made, who did not explain how much he intended to A rule that was made give for instance, wood, incense, gold coins, etc. ; concerning The this. hides of all sacrifices CHAPTER belong to the priest. VII. MlSHNA If money was found in between the differently marked a. which chest the money belonged. Concerning this the rule was One must be guided by the proximity, even in the case of the less impor chests, to : tant, etc. MlSHNA Temple, b. in the Concerning money found in Jerusalem, in the court of the times of the Festivals and in the ordinary times. MlSHNA city, ites c. Concerning meat found in the court of the Temple, and any place where Israelites resided and where Gentiles and in the Israel together resided. MlSHNA d. Concerning cattle found between Jerusalem and Migdal Eder, and in the vicinity of the city in all directions The different opinions of some sages. scribes. : what the law pre MlSHNA e. Relates how, in former days, the finder of such cattle was pledged to bring drink-offerings, and how afterwards the high court decreed to furnish them from the public moneys. MlSHNAS/and g. R. Simeon named seven decrees which were promul gated by the high court, and the above decree was one of them. R. Jehudah, however, does not agree on some points with him. R. Jose has also some thing to say about this. CHAPTER VIII. MlSHNA a. Concerning streets in which people must walk during the time of the Festival in Jerusalem, for the sake of cleanness. The different opinions, in this matter, of R. Meir and the sages. MISHNA baths : if b. Regarding utensils found on the way towards the plungethey are clean or not, and the different opinions of R. Meir and R. Jose. MISHNA c. Regarding the butcher-knife, if it was found in the street on and what is the case if the I4th falls on a Sabbath. the I4th of Nissan MISHNA submerged d. if it ; Concerning where the curtain of the Sanctuary must be become spread out for the people defiled. to The first time it was submerged it was admire the beauty of the work. MISHNA e. What Rabban Simeon b. Gamaliel had to tell in the name of Simeon, the son of the assistant high priest. How the curtain was made the great amount of the cost and how many hundred priests were required : to submerge it. SYNOPSIS OF SUBJECTS. xviii MISHNA/. If meat of the Holy The different opinions be burned. of Holies became of the schools of defiled, where it must Shamai and Hillel on this point. The different opinions of R. Eliezer and R. Aqiba concern had become defiled through a principal uncleanness. that anything ing MISHNA^. MISHNA h. The joints of the daily sacrifices, where they were laid down new moon, where they were placed. The payment of was obligatory after the destruction of the Temple. The same ; the sacrifices of the Shekalim, if it law regarding cattle-tithe, tithes of grain, and deliverance of the firstlings. The law if one sanctified Shekalim or firstlings after the destruction of the Temple. SYNOPSIS OF SUBJECTS OF TRACT ROSH HASHANA* CHAPTER I. Mishna ordains New Year s Days, viz.: For kings, ordinary years, and for the planting of trees. A king who ascends the throne on the 2gth of Adar must be considered to have reigned one year as soon as the first of Nissan comes. The Exodus from MISHNA I. The first for the cattle-tithe, for When Aaron died Sihon was still living. is reckoned from Nissan. heard that Aaron was dead and that the clouds of glory had departed. The rule about Nissan only concerned the kings of Israel but for the kings of other nations, they reckoned from Tishri. Cyrus was a most upright reckoned his as and the Hebrews years they did those of the kings king, Egypt He ; One is guilty of procrastination. Charity, tithes, the glean ings of the field, that which is forgotten to be gathered in the field, the produce of corners of the field. of Israel. One culpable if he does not give forthwith that which he has vowed for In the case of charity it must be given immediately, for the poor charity. The Feast of Weeks falls on the fifth, sixth, or are always to be found. is seventh of Sivan. How the law against delay affects a woman. In which month is grain in It is also the the early stage of ripening ? Only in the month of Nissan. New Year for leap-year and for giving the half-shekels. Congregational sac Nissan should be purchased with the shekels lets a house to another for a year must count (the year) as twelve months from day to day but if the lessee says (I rent this house) for this year," even if the transaction takes place on the first of Adar, as soon as the first of Nissan arrives the year (of rental) has rifices brought on the raised for the New first Year. of He who ; " The first of Tishri is the New Year for divine judgment. At the beginning of the year it is determined what shall be at the end of the year. The Supreme Court in Heaven does not enter into judgment until the Beth expired. * See introduction to synopsis of Tract Sabbath, Vol. xxiii I., p. xxix. SYNOPSIS OF SUBJECTS. xxiv Din on earth proclaims the new moon. Israel enters for judgment first. If a king and a congregation have a lawsuit, the king enters first. From New Year s Day until the Day of Atonement, slaves used not to return to their (own) homes neither did they serve their masters, but they ate and drank and rejoiced, with the crown of freedom on their heads. R. Eliezer says, ; was created that the world created in Nissan. of the years of their Hannah were New God grants visited to the very life on R. Joshua says, that the world was in Tishri. Says R. Joshua, New Year s the righteous the fulfilment Sarah, Rachel, and day. Joseph was released from prison month and Day. On New Year s Day the bondage of our fathers in Egypt ceased. The Jewish sages fix the time of the flood according to R. but the sages of other Eliezer, and the solstices according to R. Joshua Whoso vows to nations fix the time of the flood also as R. Joshua does. derive no benefit from his neighbor for a year must reckon (for the year) twelve months, from day to day but if he said "for this year," if he made on Year s Day. ; ; the twenty-ninth of Elul, as soon as the vow even on the comes that year is The New Year complete. of Tishri first for giving tifhes is for a tree from the time the fruits form for grain and olives, when they are one-third and for herbs, when they are gathered. R. Aqiba picked the fruit of ripe 1-20 a citron-tree on the first of Shebhat and gave two tithes of them, ; ; . At four periods in each year the world is judged. All are and the sentence is fixed on the Day of Atone R. Nathan holds man is judged at all times. God said "Offer before MISHNA judged on ment. II. New Year s Day : sheaf of produce on Passover, so that the standing grain may be Recite before Me on New Year s Day the Malkhioth, unto blessed you. Me that the first you proclaim come before Me, Me King for good, ; the Zikhronoth, that your and how (shall this be done) remembrance may By the sounding remember his sins. ?" Three circumstances cause a man to Four things avert the evil decree passed (by God) on man viz., charity, Some add to these four a fifth prayer, change of name, and improvement. on New Year s Day one are books Three location. of opened change for the entirely wicked, one for the wholly good, and one for the average The most compassionate The school of Hillel says class of of the cornet. ; : : people. are those who the side of mercy. (the scale of justice) to leader of a community them ? inspire their fellowmen with dread of who causes the people to fear him over-much, without furthering thereby a Who inclines A sick and R. Papa went to high purpose. The legend how R. Joshua fell The Holy One, blessed be He, wrapped Himself, as does one visit him. who recites the prayers for a congregation, and pointing out to Moses the Whenever Israel sins, let him pray to regular order of prayer, said to him " : Me after this order, and I shall pardon him." Prayer is helpful for man The legend of a certain before or after the decree has been pronounced. at died members in whose eighteen years of age. They Jerusalem family ben Zakkai. The Creator sees all their came and informed R. Johanan hearts (at a glance) and (at once) understands MlSHNA III. Messengers were sent out Nissan, Abb, Elul, Tishri, Kislev, and in all in the Adar. their works, . 20-28 in following six months of the king : The legend SYNOPSIS OF SUBJECTS. xxv who had earlier) issued a decree forbidding the study of the Torah the Israelites, or to circumcise their sons, and compelling them to desecrate their Sabbath. Judah b. Shamua and his friends cried aloud O (of Syria among " : Are we not all brethren ? Are we not all the children of one Father ? etc. Samuel said I can arrange the calendar for the whole cap Rabha used to fast two days for the Day of Atonement. Once it tivity." 2 9~34 happened that he was right, heavens ! " " : MlSHNAS IV. to VII. For the sake of (the new moon), of the two months Nissan and Tishri, witnesses may profane the Sabbath. Formerly they pro faned the Sabbath for all (new moons), but since the destruction of the Temple they instituted that (witnesses) might profane the Sabbath only on account of Nissan and Tishri. It once happened that more than forty pair Shagbar, (of witnesses) were on the highway (to Jerusalem) on the Sabbath. the superintendent of Gader, detained them, and (when) R. Gamaliel (heard It once happened, that Tobias the physi of it, he) sent and dismissed him. and cian, his son, his freed slave saw new moon the in Jerusalem. The explanation of the passage Exodus xii. I, by R. Simeon and the rabbis. Who are incompetent witnesses ? Gamblers with dice, etc., 34-36 . CHAPTER . II. Beth Din did not know (the witness), another It once happened that R. Nehorai (to the character) of one witness. The legend how the Boethusians appointed false witnesses. Formerly bon but when fires were lighted (to announce the appearance of the new moon) the Cutheans practised their deceit it was ordained that messengers should be sent out. There are four kinds of cedars. The whole country looked Each Israelite took a torch in his hand and ascended to like a blazing fire. Great feasts were made for (the witnesses) in order the roof of his house. How were the witnesses examined ? to induce them to come frequently. The sun never faces the concave of the crescent or the concave of a rain bow. (If the witnesses say) "We have seen the reflection (of the moon) in their testimony is the water, or through a metal mirror, or in the clouds," It (the new moon) not to be accepted." The chief of the Beth Din says MlSHNAS I. to IV. If the was sent with him to testify in his behalf. went to Usha on the Sabbath to testify ; " " : is consecrated," and the people repeated after When the Pelimo teaches all " it is consecrated." proper time, they used not : to consecrate Him " : It is consecrated, new moon appeared at its 37-42 it," MlSHNAS V. and VI. R. Gamaliel had on a tablet, and on the wall of his upper room, illustrations of the various phases of the moon. Is this per It happened mitted ? Yea, he had them made to teach by means of them. "We saw the moon in the east once, that two witnesses came and said ern part in the morning and in the western part in the evening." R. Johanan Two other witnesses came and b. Nuri declared them to be false witnesses. said: "We saw the moon on its proper day, but could not see it on the next evening." R.Gamaliel received them but R. Dosa b. Harkhinas said : : ; "They are false witnesses." R.Joshua approved his opinion. Upon this, SYNOPSIS OF SUBJECTS. xxvi Gamaliel ordered the former to appear before him on the Day of Atonement, according to his computation, with his staff and with money. What R. Joshua did, and what R. Aqiba and R. Dosa b. Harkhinas said about it. What R. Hiyya said when he saw the old moon yet on the morning of the Go to Entob and consecrate twenty-ninth day. Rabbi said to R. Hiyya the month, and send back to me as a password, David the King of Israel still lives. The consecration of the moon cannot take place at a period less than twenty-nine and a half days, two-thirds and .0052 (i.e., seventy-three Halaqim) of an hour. Even if the commonest of the common is appointed leader by a community, he must be considered as the noblest of the nobility. his days," equal in authority with the greatest of A judge is to be held, Gamaliel said to R. Joshua his antecedents. Happy is the generation in which the leaders listen to their followers, and through this the followers consider it so much the more their duty (to heed the teachings of the " : " "in " : 42-44 leaders)," CHAPTER III. MISHNA I. If the Beth Din and all Israel saw (the moon on the night is consecrated," of the thirtieth day), but there was no time to proclaim, When three who before it has become dark, the month is intercalary. formed a Beth Din saw it, two should stand up as witnesses and substitute "It two of their learned friends with the remaining one (to form a Beth Din). No greater authority than Moses, our master, yet God said to him that Aaron should act with him. No witness of a crime may act as judge, but in civil cases he may, 45-46 MlSHNAS II. to IV. Concerning what kind of cornets may be used on and Jubilee days. Some words in the Scripture which the rabbis could not explain, until they heard the people speak among them selves. The cornet used on the New Year was a straight horn of a wild The Jubilee and the New Year s goat, the mouthpiece covered with gold. Day were alike in respect to the sounding (of the cornet) and the benedic R. Jehudah holds that on tions, but R. Jehudah s opinion was different. New Year s Day the more bent in spirit a man is, and on the Day of Atone ment the more upright he is (in his confessions), the better but R. Levi holds the contrary. On the fast days two crooked ram s-horns were used, New Year s ; " mouthpieces being covered with silver." According to whom do we nowadays pray "This day celebrates the beginning of thy work, a memo rial of the first day ? It is unlawful to use a cornet that has been split and afterwards joined together. If one should happen to pass by a synagogue, or live close by it and should hear the cornet, he will have complied with the requirements of the law. If one covered a cornet on the inside with gold it might not be used. If one heard a part of (the required number of) the sounds of the cornet in the pit, and the rest at the pit s mouth, he has done his duty. If one blew the first sound (Teqia), and prolonged the second (Teqia) as long as two, it is only reckoned as one. If one who listened (to the sounds of the cornet) paid the proper attention, but he that their : " SYNOPSIS OF SUBJECTS. xxvii blew the cornet did not, or vice versa, they have not done their duty until If special attention in fulfil both blower and listener pay proper attention. As long a commandment or a is necessary or not. ling doing transgression as Israel looked to Heaven for aid, and directed their hearts devoutly to their Father in Heaven, they prevailed but when they ceased to do so, they ; All are obliged to hear the sounding of the cornet, priests, Levites, Israelites, proselytes, freed slaves, a monstrosity, a hermaphrodite, and failed. and one who is half-slave and half-free. One may not say the benediction over bread for guests unless he eats with them, but he may for the members of the family, to initiate them into their religious duties, CHAPTER MISHNAS I. to IV. Regarding the if . . . 46-52 IV. New Year fall on Sabbath. Where What the shofer (cornet) should be blown after the Temple was destroyed. was the difference between Jamnia and Jerusalem ? Once it happened that New Year s Day fell on the Sabbath, and all the cities gathered together. Said R. Johanan b. Zakkai to the Benai Betherah " : Let us sound (the R. Johanan b. Zakkai ordained that the palm-branch should everywhere be taken seven days, in commemoration of the Temple. Since the destruction of the Temple, R. cornet)!" Johanan b. "First," said they, "let Zakkai ordained that it us discuss!" should be prohibited (to eat of the new produce) the whole of the day of waving (the sheaf-offering). Once the wit nesses were delayed in coming, and they disturbed the song of the Levites. They then ordained that evidence should only be received until (the time Concerning what songs the Levites had the afternoon service. to sing did the Levites sing when the additional What did they sing at the sacrifices were being offered on the Sabbath ? to a corresponding Sabbath afternoon service ? tradition, According of) What every day from the Psalms. number of times was the Sanhedrin exiled. The witnesses need only go to Priests may not ascend the platform in the meeting place (of the Beth Din). and this is one of the nine ordinances instituted sandals, to bless the people ; by R. Johanan b. Zakkai, 53~57 MISHNA V. Regarding the order of the benedictions on New Year s Day at the morning prayer, additional prayers, and at what time the cornet must be blown, etc. What passages from the Scriptures are selected for what do the ten scriptural pas To additional prayers on New Year s Day. Malkhioth for the used correspond ? sages How many passages must be We must not men recited from Pentateuch, Prophets, and Hagiographa ? tion the remembrance of the individual (in the Zikhronoth), even if the passage speaks of pleasant things. What are the passages which must be said in the benediction of Malkhioth, Zikhronoth, and the Shophroth ? R. The Vathiqin used to conclude with a passage Elazar b. R. Jose says from the Pentateuch." Hear, O Israel, the Lord our God is our Lord," may be used in the Malkhioth. The second of those who act as ministers of the congregation on the Feast of New Year shall cause another to sound the cornet on days when the Hallel (Service of Praise, Ps. cxiii.-cxviii.) is read. " : " SYNOPSIS OF SUBJECTS. xxviii We are permitted to occupy ourselves with teaching (children) until they learn (to sound the cornet), even on the Sabbath. The order, and how many times it must be blown also, the different sounds and the names of them. all this is deduced from the Bible, and the difference of ; How opinions between the sages. Generally the soundings of the cornet do not interfere with each other, nor do the benedictions, but on New Year s Day and the Day of Atonement they do. R. Papa Samuel rose to recite his prayers. Said he sound (the cornet) for me." Rabha said to him, that this may A man should only be done in the congregation. always first prepare himself for prayer, and then pray. R. Jehudah prayed to his attendant, "When only once in thirty days, I nod b. to you, 57-66 SYNOPSIS OF SUBJECTS VOLUME TRACT PESACHIM.* V. CHAPTER MlSHNA I. meant by Or ? The explanation of the phrase (Job At no time should a man allow an illlight. sounding word to escape from his mouth. What the two disciples of Rabh and R. Johanan b. Zakkai said Go and report it to the horses. If a house was rented and it is not known whether the leavened bread had been searched for. If a man leave his house and intend to return on the Pass over. Two things are without the province of man. If musty bread was found in a chest. By what light search for leavened bread must be made. Whether wine-cellars have to be searched, 1-14 xxiv. 14), " I. What is with the earliest : MISHNAS man leaves ten pieces of bread and finds and one heap of Chometz, and finds ten. Chometz must be made. The reason why Chometz must be II., III., IV., V. If a nine, or nine heaps of Matzoth, When search for removed on the fourteenth of Nissan. If a Gentile came into the court of an Of the Gentile who stored a basketful of Chometz Israelite on Passover. with Johanan Hakuka. The two thanksgiving-offering cakes laid on the If there were benches. What R. Hanina the Sagan of the priests said. doubtful beverages, 14-29 CHAPTER MISHNA we know ever used. I. Why bread. it is What one may do the as long as it is lawful to eat unleavened Mishna enumerates domestic and wild animals. that no benefit " written, II. Ye may shall not Whence be derived from leaven on Passover. eat," the object in question Wher must not even be of what a man is permitted to cure himself when in danger. must rather permit himself to be slain than to slay another. Accord whom the Halakha prevails when Rabbi differs with an individual or By means A man ing to the majority, * See introduction to the synopsis 30-41 in Tract Sabbath, Vol. I., p. xxix. vii viii SYNOPSIS OF SUBJECTS. MlSHNAS II., III., Whether a man may IV., V., VI. Concerning- leaven belonging to a Gentile. eat the leaven of a Gentile. Whether earthenware pots used during the year must be destroyed before Passover. About an oven greased with fat immediately after it had been heated. If a Gentile lent money to an Israelite, taking as security leavened articles, and vice "versa. About leaven covered by ruins. About leavened heave-offering. Whether leavened articles have a pecuniary value on Passover. With which articles a person acquits himself of the duty of eating unleavened bread on Passover. Whether one can acquit himself of the duty with bread kneaded with wine, What is meant by bread of affliction. Why it is not allowed oil, or honey. to prepare figured cakes on Passover, 41-59 ...... MISHNAS Whether lettuce is The duty of eating bitter herbs on the Passover. to be preferred to other bitter herbs. About soaking VII. to IX. bran on Passover to feed fowls. Where the mother of Mar b. Rabhina bought her wheat for her son. Whether it is lawful to put flour into sauce or mustard. Whether it is lawful to cook the paschal lamb after it has been With which kind of water may a woman knead the dough, 59-67 roasted. CHAPTER MlSHNAS III. Whether Babylonian Kuthach, Median beer, etc., may be used on Passover. About the paste used by scribes. Whether women are held to be equal to men in regard to prohibitory laws. About dough in the holes or crevices of a kneading-trough. About dull dough. How the first of the dough due to the priest can be separated on the Passover. About the three I. leavened. V. women who may knead dough MISHNAS done. to for Passover, . . . 68-77 About dough which commences to become fourteenth of Nissan fall on the Sabbath, what must be VI., VII., VIII. If the When one going to fulfil a religious duty on the eve of Passover Chometz left at home. In which case may a scholar For what meritorious purpose a man should sell all his pos meal. What R. Aqiba said about a scholar when he was ignorant. recollects that he has enjoy his sessions. What man who occupies himself with common person. Why it is written sentiment a the heart of a and His name will study of the law evokes in that the Lord will be one, be one on that day, and not at present, CHAPTER . . 77-83 IV. MISHNAS I., II., III., IV. How a man should conduct himself who removes from a place where a thing is allowed to a place where it is not allowed, or vice versa. If one depends on the earnings of his wife. Those who write scrolls, etc., or sell them, etc., do not perceive any blessing for their work. What Rabba bar bar Hana said to his son. What R. Johanan b. Elazar related. May we, being versed in the calendar, do work on the second day of a festival in exile? Whether roasted meat may be eaten on the night of Passover. What justified Hananiah, Mishael, and Azariah to permit themselves to be thrown into the fiery furnace. When the fire of Gehenna was created. In what respect every man should consider himself a scholar. What it is permitted to do on the eve and intermediate days of a festival. What are the six things done by the inhabitants of Jericho and Four shouts King Hezekiah, and which met with the rabbis approval. SYNOPSIS OF SUBJECTS. What happened sent up in the court of the Temple. the village of Barkai man of V. The time If of offering the paschal lamb. If the pas the Passover-sacrifice had not been slaughtered for its purpose. chal lamb was slaughtered for those who will not partake thereof. The II., III., I., IV., V. to Issachar, the 84-105 CHAPTER MISHNAS ix what places must not be taught the contents of the book of Since the book of ancestry was concealed, the power of our sages ancestry. was on the wane, etc. If a man offers the Passover-sacrifice while still hav inhabitants of ing leaven in his possession. For how many lamb was divisions the paschal offered, etc 106-124 CHAPTER MlSHNA Which I. supersede Sabbath. VI. acts necessary for the sacrifice of the paschal offering Hiellel the Elder became Nassi, and what happened How subsequently. What befalls him who is arrogant, and him who becomes angry. In the future the righteous would have the power to arouse the dead. How pleasing the fulfilment of a religious duty at proper time was to our 125-133 its ancestors, MlSHNAS festal Under what circumstances II., III. offering Abhin Thekla addition to the in ? allowed to bring a What is meant by a person brought a paschal sacrifice on What R. Hyya of Abel Arab proper purpose. (See note.) the Sabbath not for is it paschal sacrifice. its If declared, 133-142 CHAPTER lamb VII. How the paschal lamb should be roasted. it may be used. If any part of the roasted had touched the earthenware oven on which it was roasted. The five MlSHNAS I., II., III., IV., V. About diluted vinegar, whether kinds of sacrifices that may be brought by those who are in a state of ritual the flesh of the paschal sacrifice has become ritually defiled. If If the whole or the greater part of the congregation had become defiled. uncleanness. If one half of the congregation be clean, and the other half unclean, 143-156 MlSHNAS VI., VII., VIII., IX., X. For what defilements the golden plate of the high-priest atones. When, and with which wood, must the lamb be If a slaughtered Passover-sacrifice had been carried burned, if defiled. When beyond the walls of Jerusalem. burned. Which part of the paschal kid or MlSHNAS XL, XII., XIII. What the bones, sinews, etc., lamb may be penalty is due eaten, . must be 156-165 breaking any bones of the paschal sacrifice for If a part of a member of the clean paschal lamb. If two companies eat their paschal sacri the etc. beyond Temple, protrude fice in one room, and if there is among them a bride, what they and she must do. What was and done when R. Ishmael said be a guest of R. Simeon b. R. Jose b. Lakunia, CHAPTER MlSHNAS a lying-in I., II., III., woman by her IV., V. relatives. If .... b. R. Jose happened to 165-172 VIII. two paschal lambs were slaughtered for The Hagadic explanation of the verses SYNOPSIS OF SUBJECTS. x in Solomon s Song viii. 8, and viii. 10, etc. The legend of what the Holy One, blessed be He, said to Prophet Hosea, what he answered Him, and what befell subsequently. Woe is to a dominion that overwhelms its own master. For what purpose Israel was sent into exile. The reason why the Romans did not destroy all Israelites. Why Israel was exiled to Babylon. The day on which all the children of Israel will be recalled from exile will be as great which the world was created. If a person order his slave to go and slaughter for him the paschal sacrifice. If a man say to his sons, I slaughter the paschal sacrifice for whichever one of you shall arrive first in Jerusalem. The size of an olive of the paschal lamb suffices for those who partake of it. If a person had appointed others to partake with him of his as that on share, 173-185 MlSHNAS IX. VI., VII., VIII., Whether one whose seventh day of on the eve of Passover may partake of the paschal lamb. A mourner who has lost a relative on the I4th of Nissan. A prisoner who has the assurance of a release. Whether the paschal sacrifice must be sprinkling fall slaughtered for a single individual. W hether a mourner for a near relative, 7 not yet interred, may eat of the paschal sacrifice. may partake of it, CHAPTER MISHNAS I., II., III. Who When a Gentile proselyte 185-190 IX. must observe the second Passover. Must a woman bring a second Passover-offering ? Concerning neglecting to sacri fice. What must be considered a distant journey ? How much the entire world measures. What the disciples of Elijah taught. The difference between the sages of Israel and of the Gentiles. The difference between the first and second Passover. Concerning the Hallel at the slaughtering of ........... sacrifices, MISHNAS brought in a state of defilement. Was on that one night What to eat leaven and could not ? it 191-201 When the paschal sacrifice was prohibited at the Egyptian Passover IV., V., VI., VII., VIII., IX. R. Jehoshua heard from his teachers When the animal must be left explain, R. Aqiba explained. a paschal sacrifice had become mixed with other animals. If a lost their paschal sacrifice. When a paschal offering of two individuals has become mixed 201-209 to graze. If company has CHAPTER X. MISHNA I. When and what must be eaten on the eve of Passover, and how many cups of wine must be partaken during the night. R. Simeon b. Gamaliel, R. Jehudah, R. Jose were partaking a meal on the eve of Sabbath in the city of Achu. Once Rabba b. R. Huna came to the house of the Exilarch. Whether one who has heard the Kiddush in the synagogue must repeat it home. If Sabbath had set during the course of a meal at which a company were sitting. Concerning the order of the benedictions. Concerning the What should be the conclusion of the holiday prayers, what must be said. Habdalah. How R. Itz hak sent his son to Ula, and his answer. Whether the honor of the Sabbath is more important than that of the eve preceding it. The eight things about the Habdalah prayer. How R. Ashi recited the at SYNOPSIS OF SUBJECTS. xi great Kiddush when he came to Mehuzza. If one had thoughtlessly eaten before Kiddush or Habdalah, may he say these prayers ? May the Kiddush be made over beer? What is meant by the time of Min hah, and when King Agrippa usually took his meal. Whether women must also drink the four cups. What taste and color must the wine have. It is the duty of every man to cause his household and his children to rejoice on a festival. About the even numbers (see note, p. 229). The seven things R. Aqiba commanded his son R. Jehoshua. The five things R. Aqiba, while in prison, commanded R. Simeon b. Jochai. The four things our holy Rabbi commanded his chil The three things R. Jose b. R. Jehudah commanded Rabbi. Why dren. a man should not go out alone at night. What Rabbi said to Aibo, his son. The three things R. Jehoshua b. Levi said in the name of the great men of Jerusalem. Three kinds of men shall inherit the world to come. How R. Hanina and R. Oshiya made shoes for the prostitutes. The three kinds of men whom the Holy One, blessed be He, loves. The three kinds of men who do not live a life worth living. The three species who hate others of their own kind. The three kinds of beings who love others of their kind. Five things which Canaan commanded his children. Six things said of a 210-236 horse, MISHNAS II., III., When the IV., V. first cup is poured out. Herbs and vegetables are to be brought. The benediction of the bitter herbs. Why If a man the bitter herbs should not be placed between unleavened cakes. swallowed unleavened bread. When the table on which the food is served What should be removed. A second cup of wine How is serves as a poured remembrance What Rabbon out. of the apple-trees. Gamaliel used to say. be said ? Why a blind man is exempt Haggada. With ten different expressions of praise Who said the Hallel ? What the entire Book of Psalms was composed. Is Hallelujah the beginning or the end the Karaites add to these verses. of the chapters ? What Rabba discovered that the sages of Pumbaditha " Hallelujah." from the far is the Hallel to recital of the ......... once proclaimed, MISHNAS A cup of wine 236-249 poured out. Why is The laboriousness of a man s earning his this called the great Hallel ? Why the small Hallel must be recited at the Passover-meal. daily bread. What occurred when Nebuchadnezzar threw Hananiah, Mishael, and Azariah into the furnace. Who said "The truth of the Lord endureth for What R. Ishmael sent to Rabbi in the name of his father. Who will ever"? get the cup of benediction. Is it unlawful to conclude the eating of the paschal sacrifice with a dessert ? Is it obligatory to eat Matzoth during all VI., VII., VIII. third is : the seven days ? If any of the company fall asleep during the meal. About and festal offerings. R. Simlai at the redemp the blessing of the paschal tion of a first-born son, APPENDIX A. Explanatory of the plementary to the second note, p. 66,* * text. will 249-259 first Mishna. We were told that some readers made reference to We have therefore, in the synopsis of this tract, do so, likewise, in the future. APPENDIX B. Sup 259-264 the synopsis instead of to the omitted all conclusions. We SYNOPSIS OF SUBJECTS OF VOLUME TRACT YOMAH.* VI. CHAPTER MISHNA Why I. I. the high priest, before the Day of Atonement, and the priest who had to perform the ceremonies of the red cow, were removed from their houses to different chambers in the Temple, and whence we deduce from the Scriptures. About a substitute of the high-priest. How is it known, when one person communicates something to another, that one has no right to tell it to a third without permission ? How did Moses attire Aaron and his children on the days of consecration ? Whether the uncleanness of the entire congregation, contracted from a corpse, is not considered, or only postponed. How were th two priests sprinkled ? The number of high-priests during the first and second Temples. Why had the first Temple fallen ? The second Temple, where the occupations were study of the Law, religious duties, and charity why fell it ? Which one of the Temples was better? Which of the nations are descended from Japheth ? Whether the gates of the Temple needed Mezuzahs. Of what material was the girdle of the high-priest made, and whether it was the same as those of the common How was the substitute of the high-priest recognized when the priests. it high-priest MISHNA became II. the seven days ? unfit during the service, What kind of experience did What shall he do first trim ..... 1-18 high-priest have during the lamps or prepare the in the On what altar and what corner must the blood be sprinkled, 18-22 MISHNAS III. to V. What the elders of the Beth Din say to him. What he is free to eat during the seven days, and what on the eve of the Day of Atonement How the priest selects the offerings he chooses. How the Beth Din left him to the elders of the priests, and what they made him swear. What a high-priest of the Sadducees had done, and what happened What was done when the high-priest began to slumber. How he to him cense ? was occupied, and what was sung to him. How were the ashes cleared the Day of Atonement ? The miracles that occurred in the Temple. For the crowing of what cock shall one wait before going on the road any night ? About the heavenly fire at the second Temple, 22-29 away every day and on *See introduction to synopsis end of synopsis in Vol. V. in Tract Sabbath, Vol. xvii I., p. xxix. ; also note at SYNOPSIS OF SUBJECTS. xviii CHAPTER MlSHNAS and not less I. before. should the Why V. to Why man II. the priests were selected by lot in the latter days, must not be counted. How secure and care Israel that feel knows that the What Lord helps him. is The reward of him called revenge, and what is called bearing a grudge ? who leaves his injuries unavenged. The accident that befell two priests. For performing certain four services a layman deserves capital punishment. In what garments were the lots drawn ? Were the lots drawn for each ser ? In what order the members of the sacrifice were offered. vice separately The so daily sacrifices are offered by nine, ten, eleven, twelve priests. ram was offered by eleven, a bull by twenty-four, A ? . CHAPTER MISHNAS and why all I. What to IV. this . How 30-39 III. the Superintendent used to say to the priests, What is said about the heat during a was necessary. clouded day. Rules for entering the Temple for all. and where the high-priest bathed five times, and washed his hands and feet ten times. is it known from the Holy Scriptures ? How the service was. When Why How If he was an aged perform a meritorious act. was then ? Concerning the garments of the What happened to Hillel, to Eliezer b. Harhigh-priest and their value. sum, and Joseph the Upright, 40-49 one meets an opportunity to or delicate high-priest, what MISHNAS V. to VII. How did the high-priest confess ? and what the Which of the officers were on his right and people responded after him. which were on his left during the service ? What Ben Katin made for the Temple, and what his mother Queen Helen made. Concerning the house of Garmo, the house of Abtinas, and Hogros b. Levi (the preparer of shewWhat one of the members of the house of Abtinas bread, incense, etc.). related to R. Ishmael. Whence is it derived from the Pentateuch that when the names of the just are mentioned they must be blessed, and, vice versa, those of the wicked ? When a man sanctifies himself a little here below, he is sanctified much above, 49-57 CHAPTER IV. MlSHNAS I. to III. Concerning the lots of the two he-goats, how they were taken from the boxes, and of what material the boxes were made. What happened when Simeon the Upright was high-priest, and after. Simeon the This year I am going to How dost thou Upright told the sages About the six times the high-priest pronounced God s name, as it know.?" About the tongue of crimson is written, during the Day of Atonement. wool which was tied to the head of the goat that was to be sent away, and for the red cow, etc. Concerning the slaughter of the red cow by a layman. What is the reason that a female may not perform the ceremony of sprink The measure of the censer in which the coals for the incense were ling ? taken, and of what material it was made, and of what color it was on the Day of Atonement. There were seven kinds of gold. Whence is it deduced that a special fire was made that day, 58-68 " " : die." ...... SYNOPSIS OF SUBJECTS. CHAPTER xix V. MlSHNAS I. to VI. About the two handfuls of incense for the Holy of What concerning the incense between the Holies, and how it was used. middle fingers ? When how then ? If he had filled his hands with incense, and suddenly he died while slaughtering, might the blood be sprinkled ? The difference of opinion between R.Jose and the sages about the vail of the Holy of Holies. The ell of the entrance (to the Holy of Holies) was a matter About the ark in the first and second Temples. He of doubt to the sages. died, in departed deduce same manner The custom of the as he had Whence do we come (backwards). the disciples when departing from their mas difference of opinion between the sages about the ark according this ? The some it was taken ters. : and according to others it was con cealed in its place in the Temple. The world was created from the very middle, beginning with the extremities. Everything was created from Zion. How many times had he to sprinkle downwards ? One and one, one and two, etc. What was the law when the bloods of the bullock and the goat got to mingled ion of ? into exile in Babylon, Whence does he some sages about blood for his own begin (the sprinkling) this matter. purpose. How is the law if The ? is guilty Whether the order, or in the wrong clothes ? sins includes the sin of uncleanness in the Temple or not, a wrong CHAPTER MlSHNAS them I. to V. dies after the lots difference of opin when using the he performed the services in Whether one atonement . . for all 69-86 VI. The law if one of equality of the two he-goats. If a substitute was selected, and then cast. The expression of the high-priest at his confession The were first one was found. on the he-goat for Azazel. How the priest delivered the he-goat to its con ductor. The question which R. Eliezer was asked, and his answers. How the prominent men of Jerusalem used to accompany the messenger of the How far was Jerusalem from the Tsuk (the rock of its destina he-goat. What was done with the tongue of crimson wool, and its significa tion) ? tion. About the ten booths between Jerusalem and the Tsuk, and how at each booth the messenger was offered meat and drink. Whether the highpriest was told when the he-goat reached its destination, or it was made- the known to him by a sign, ......... CHAPTER 87-97 VII. How the high-priest came to read (the Torah), and and what section, and who Were the persons that passed the holy scrolls from one to another until it reached the high-priest. The legend of Alexander the Macedonian and the high-priest Simeon the Upright. The legends about the tempter to idolatry, how he was caught in the time of Ezra and was burned to death. Also the legend of the tempter to fornication, how he was kept prisoner, was blinded in both eyes, and then liberated. Concerning the Great Assembly which has renewed the appella tions of our God, the great, the mighty, and the terrible, said by Moses, and which some of the prophets left out. What the high-priest did after reading the Torah. At what time the bullock and the seven sheep of the burntHow the conductor of the he-goat informs the offerings were offered. How the Urim and Tumim were high-priest that he fulfilled his duty. MlSHNAS in what I. clothes, to III. SYNOPSIS OF SUBJECTS. xx How made. they were inquired of, and to whom. What letters were About the three crowns of the altar, the ark, and the received them ? About the priest who was anointed for war, his inserted in them. who table, garments, services, and descendants. the Urim and Tumim, and how we deduce that the inquiries are How was the ceremony of inquiring Whence do the priest received the reply. made for kings only CHAPTER ? . 98-111 . VIII. MISHNA I. The afflictions which are obligatory on the Day of Atone What were the afflictions coming from the manna written in Deuter ment. onomy viii. 16 ? The visage of the Lord is not like the manna betrayed all the secrets of the Israelites. What is How man. that of a the meaning What R. Aqiba said, and what R. Ishmael why the manna did not descend for the and its answer. What R. Eliezer the Modeite had of the bread of Abirim answered him. The ? question once a year, about the manna, which R. Ishmael called a gathering of nonsensical words. How is it known that abstaining from washing and anointing is an affliction ? What is the law in regard of one being soiled in clay, etc., whether he may wash himself? When a man goes to receive his father, master, or superior, and has to wade in water reaching to his neck ? About the spring that issued from the Holy of Holies. Whether a great man is permitted to decide the question of a blemish of a firstling, and what R. Israelites to say Tzadok b. tions The the ? Haluqah answered. Whether children are to observe the afflic quantity of food and beverage prohibited from partaking on of Atonement, 112-122 Day MlSHNAS II. to V. What is the law regarding one who ate and drank through forgetfulness ? At what age are children made to fast some hours on the Day of Atonement ? When a pregnant woman longs for the food which she has smelled. When a man is seized with bulimy, what he may What happened to some rabbis who were seized with bulimy. eat, etc. When a man is bitten by a mad dog. The five things mentioned as symp toms of a dog s madness. What happened to R. Johanan and the matron of Rome. How the Sabbath must be superseded when life is threatened. The question put to R. Ishmael, R. Aqiba, and R. Eliezer b. Azariah when on the road about the same, and what they answered, 122-132 . . MlSHNA VI. For what transgressions the Day of Atonement atones. Does the Day of Atonement atone him who says I will sin and God will forgive me ? What penitence atones for ? What R. Eliezer b. Azariah, : while in Rome, was asked by R. Mathiah b. Heresh, and what he answered. What is called defamation of God. How penitence is great it reaches the throne of His glory. How repentance is great when an individual repents, : : is pardoned. Whether one who has confessed his sins on one Day of Atonement has also to confess on the next one ? The sin of Moses is compared to a woman who has eaten fruit on the Sabbatical year, and David s to a woman who has really sinned. He who has provoked his neighbor, even by words, must appease him. At what place in the prayer should he confess ? What the disciples of R. Ishmael taught, 132-142 the whole world . APPENDIX. The nies of Passover, Temple letter of a Gentile who has witnessed the ceremo and the procession of the high-priest to and from the H3-I47 SYNOPSIS OF SUBJECTS OF TRACT HAGIGA. CHAPTER I. MISHNA I. The law concerning the Holocaust, and who are exempt What is the law in the case of one who is half a bondman and half it. free ? Johanan b. Broka and R. Elazar b. Hasma have related to their master the wonderful lecture of R. Joshua, and what he rejoined. What is from called a fool The law about ? the lame, blind, and sick. An entire series of passages from Scripture which the different rabbis wept over when they met them in their studies, and the reason of it. What is meant by evils " and troubles," Minim ? written in Deut. xxxi. 21 ? What will become of us with the For three things the Holy One, blessed be He, weeps every day. to Rabbi and R. Hyya while on the road with the blind and his beautiful blessings. The law as to minority, and at what What happened scholar, age a child exempt from is MISHNAS II. to V. ..... this condition, The law regarding the offerings which may 1-13 or may not be brought from the money of the second-tithe. Peace-offerings and burnt-offerings of the pilgrims are divided according to their circumstances. The different What is opinions of the rabbis regarding the passage The explanation of Elijah to Ben Hei Hei straight." " : crooked cannot be made regarding the passage of Is. xlviii. 10. About a scholar who has separated himself from the Law. The laws about the dissolving of vows hang in the air, and which laws are suspended by a hair, and which of them are the essential parts of the Law, 13-20 CHAPTER MISHNA the II. Concerning the discussion of illegal unions, the creation, and divine chariot. By ten things the world was created by wisdom, by I. : knowledge, etc. Which was first created, the earth or the heavens ? What is meant by the term heavens ? Woe to the creatures which see and know not what they see, which stand and know not upon what they stand. The names of the seven heavens, and what is contained therein. What an" " SYNOPSIS OF SUBJECTS. iv swer did the heavenly voice make to that wicked man when he said I will ascend above the heights of the clouds," etc. ? To whom the secrets of the " : Law may be imparted. The king among living creatures is a lion, among domestic beasts an ox, among birds an eagle, after which comes man, but the Lord takes His place proudly above them all. The thousands of troops who The stream of fire which is issued comes from comes from. About the nine hundred and seventyfour generations which were held back from being created. What are the eighteen curses of Isaiah. Even at the time of the destruction of Jerusalem there did not cease from them faithful men. About the four who entered in the heavenly garden (Pardes}. The legends of A her concerning R. Meir his disciple when he was alive and after his death, and also what R. Johanan said and did. About what Rabba bar Shila questioned Elijah, and his an What R. Jehudah questioned Samuel about the world to come, and swer. what the latter rejoined. Nimus of Gardi and R. Meir (see note). The six minister unto him. before him. Where things regarding the demons. grow weak, MISHNAS II. . . . it Every one who gazes upon three things, and the a to The difference of About the law of IV. chiefs of courts. Which festival. reapest ? About the feast in is the garments of a opinions concerning the princes laying the hand on the offers on which thou makest proclamation and common person which are defiled by pressure for Pharisees, 38-43 CHAPTER MISHNAS I. to IX. All of them treat III. about the details of the rigorous rules of heave-offerings, and vice versa. The conditions in Judah lee as to which of the inhabitants are trusted and which are not. salamander and the fire and in Gali About the Gehenna will not of Gehenna, and that the fire of who are full of merit as a pomegranate affect the sinners of Israel, seed, his 21-38 eyes is full of 44-54 SYNOPSIS OF SUBJECTS OF VOLUME TRACT BETZAH. VII. CHAPTER MISHNA I. I. a new-born thing on a festival must not be used on the How is the case day. The different opinions for the reason of it. with the same on the two festival days which are kept in exile only but not Why same in Palestine How is ? of the exile festivals the case when a Sabbath And how ? is falls the law of the on one of the two days the two days of same on New Year, which are kept in Palestine also are they considered as one sacredness or two ? About a burial on festivals and New Year. An animal or fowl whose blood must be covered when slaughtered, in which case they may be slaughtered on a festival. And how is it with a cross which is doubtful, if it is considered a wild or a domestic animal. The ordinance of Rabbun Johanan b. Zakkai, 1-15 ...... MISHNAS Concerning the preparing of doves of the cots *or the festival, and their removal from one cot to another. The shutters of If birds have removed from their prepared shops, may they be removed ? If one has place ? prepared black pigeons and finds white ones, or more II. to VIII. or less than he has prepared previously. Which utensils are allowed to be used for the purpose they were made, and for other purposes. If the tallow of the slaughtered on the festival may be salted. The three things is allowed. What it is allowed to carry on public lawful to give to the priest the first dough on the festival. necessary change in laboring from the week-days, how shall it be the finishing of ground. The done? If it ........ MISHNAS IX. to XII. about Ptisana of which is ? How Rabban Gamaliel festival, If spices to pick pulse such cases. in . . . . 15-24 may be pounded on a festival. How on a festival. The custom of the house How shoes, sandals, phylacteries, etc about sending as presents on a 24-27 * See Introduction to Synopsis iu Tract Sabbath, Vol. end of Synopsis in Vol. V. I., p. xxix ; also note at SYNOPSIS OF SUBJECTS. xii CHAPTER MlSHNAS I. to III. How prepared. who has not it is if Of what kind II. of eatables the cooking one has forgotten to make it, and how Erub may be with him it is made it intentionally. About the purification of vessels on the About bringing peace, vow, and voluntary offerings on the festi About the four hundred Zuz which a sick person ordered to give to a val. certain man, that he should marry his daughter, and the latter refused. The discussion of the schools of Shammai and Hillel about laying the hands on festival. the offerings on the festival MISHNAS IV. to VII. 28-40 The Shammai. Is it Appendix on page 45.) the school of three things which R. Gamaliel decided as lawful to paint the eyes on a festival ? (See How about About baking thick loaves. Elazar on live coals. The three which R. b. Azariah things putting spice permitted, and the other sages prohibited. The laws about a pepper handmill and a child s carriage, 40-45 also CHAPTER MISHNAS I. to IV. The contradiction Mishna concerning beasts and Why fowls. R. Gamaliel did not accept the III. between the Tosephta and the Why a certain$bird is called " Durur." which a Gentile brought him as a a garden must be prepared previously. fish If the beasts which are in present. In what case a man may be carried in a chair. Why R. Na hman allowed If it is lawful to examine the blemish of a first-born his Yalta to be carried. animal, and how is the case if the animal is born with a blemish ? About the Amora who was erratic in his teachings (see also footnote). Does the law of Muktzah exist for the half of a Sabbath ? 46-54 .... How How to buy meat from the butcher and things from the grocery without naming a price. Is it allowed to measure beverages on the festival by the seller ? and what About the three hun shall be done to satisfy both the buyer and the seller. dred pitchers of wine, and the same number of oil, which were gathered from the froth, and from the vessels after emptying, which were brought How to feed the animals, to the treasurer of charity, and his answer. when measuring is needed. How the wives of R. Joseph and R. Ashi sifted their flour on the festival, and of the approval and disapproval of their MlSHNAS V. to X. to buy an animal for the festival. husbands, 54-59 CHAPTER MlSHNAS I. to VI. and from what stacks ruined booth. How fuel IV. to carry jars of wine from one place to another, be taken. If some may be taken from a may Also from what kind of beams wood may be cut for the fes permitted to make a hole in a tent filled with fruit. How it is about making a hole in clay for the purpose of using it for a lamp. The six things which Bar Qappara taught about a wick. There are three men tival. If whose life is it is not called life, 60-64 SYNOPSIS OF SUBJECTS. xiii MlSHNAS VII. to IX. How to roast salted fish. Is it allowed to smear an oven with clay ? The difference of opinion between the Amoraim about Hisra. If broken vessels may be used for fuel. Branches of spice-trees to And how to grind spices. enjoy the odor, whether they may be handled. How R. Jehudah used to break twigs off from spice-trees, to supply to his If it is allowed to make guests. heaps of fuel in the yard. Ovens or hearths in fruit may the yard, are they considered as vessels ? If the hair of an be removed by fire. If one wishes to partake of the of a Sabbatical year, what must he previously do ? In which case standing animal s the arated may feet same be used if it is doubtful whether the heave-offering ? was sep 64-69 CHAPTER V. MISHNAS I. to VI. The difference between Sabbath and a Festival, in throwing and covering fruit. About removing fruit from one roof to another. The things which are prohibited on account of Sh buth (Sabbath-rest rabThe things which are prohibited as optional. The legal limit within which cattle and utensils may be brought for the use of the festival. About a barrel of wine and an animal which were bought in partnership bytwo men from different places, what shall be done, and the different lay about these two. What R. Abba prayed when he intended to to binically). go and what he said after he reached there. The five things which have been taught about burning coals. The Babylonian travellers. Fruit which is deposited in another s house, who is to be considered the owner of Palestine, same concerning slaughtering it the carrying of it. The advice to water an animal before 7 o_ 7 8 SYNOPSIS OF SUBJECTS OF VOLUME TRACT SUCCAH. VII. CHAPTER I. MISHNA I. About the legal height and width of the booth which is to be used during the seven days of Tabernacles. What was to be done when If one has placed four it was higher or lower than the prescribed size ? poles and roofed them, how is the law ? The different opinions of R. Jacob and the sages on this point. Whence is deduced from biblical passages the prescribed by the sages ? Did the Shekhina descend from heaven to earth and also Moses and Elijah, did they ascend to heaven, or not ? And in the latter case, how are to be explained the passages which state that size ; they did ? The ells which are mentioned in the Scriptures, how many spans did they contain ? When there is a difference in the biblical passages between the Massorah (i.e., how they are written) and the reading of it, what must be considered ered for practice as a temporary or ? How shall permanent dwelling watchmen, can they be used for a legal Succah ? the Succah be consid The booths of potters or i-io ? How about an old Succah ? What is called an How about a Succah under a tree, or if a cloth was spread old Succah ? over the roof of the Succah ? If one Succah was over another ? What kind How to beautify the of material must be used for the roof of the Succah ? religious duties for the sake of the Lord, and from what passage of the If bundles of straw, wood, or Scriptures this is deduced. twigs may be used The two things which R. Jacob heard from R. for the roof of the Succah. Johanan and the three things which Rabha bar bar Hana has heard in the MISHNAS II. to VIII. name of the same, and they could not imagine the real meaning of them, and how the latter Amoraim tried to find it out. What Hana bar Abba, and R. Hisda in the name of Rabina bar Shila, and Meremar said and lectured about the roofing of the Succah. How it is when one wants to cover the * See Introduction to Synopsis in Tract Sabbath, Vol. end of Synopsis in Vol. V. I., p. xxix. ; also note at SYNOPSIS OF SUBJECTS. vi Succah with boards, the size of same, and how they are to be laid. What is to be done if small rafters, over which is no ceiling, are to be used for a The difference of opinion between the schools of Shammai and booth. Hillel, and R. Jehudah and R. Meir, 10-19 MlSHNAS one likes to roof his booth with iron spits. If from the roof downwards. If the roof was three spans distant from the walls. How is the case with a court sur rounded by balconies ? The law of a crooked wall. If one likes to make a Succah in the form of a cone. About a reed mat made for sleeping on, whether a Succah can be covered with it the size of it. A mat made of bark or papyrus, if large, may be used for a cover, 19-25 one likes to IX. to XIII. suspend If textile walls ; . CHAPTER MISHNAS booth ? I. to VII. How About Tabbi, the is it slave of . . II. when one sleeps under a bed in the Rabban Gamaliel, who was a scholar. If a Succah is covered to support the Succah with a bedstead. must be more the sunshine or the shadow ? If one constructs what thinly, a Succah on top of a wagon, or on board of a vessel. What happened to Rabban Gamaliel and R. Aqiba when they were on board of a vessel, and Whether a Succah can be made on the the latter made there a Succah. back of a camel. Can a living animal be used as a wall to the Succah ? How is it with an elephant a living or dead one ? How is the law about a If one likes partition not to the How made by human hands, Succah is it ? If if it can be considered legally as a wall one makes a Succah between trees which form side-walls. about the delegates for religious purposes are they obliged to or exempted from the duty of the Succah ? How is it with a mourner, with a bridegroom and his attendants, concerning the duty of the Succah ? How is it with those who are on the road in the day-time, and those who are on How with the watchman of a tower, How is it about those who are Zakkai did when two dates were is the road in the night-time only. or the gardens ? How is it with the sick it ? What Rabban Johanan b. ? brought to him to taste out of the Succah, and Rabban Gamaliel when ajar of water was brought to him when he was out of the Succah and what R. Zadok did when food less than the size of an egg was brought to him out afflicted ; of the Succah, 26-33 meals must be eaten in the Succah during the seven days ? The difference of opinion between R. Eliezer and How they both deduce it from the passages of the the sages on that point. Scriptures. If one makes amends with extra dishes in the Succah, has he done The manager of the house of Agrippa the king asked R. Eliezer his duty ? about his two Succahs and his two wives, which he had in two different cities in Palestine, and what the latter answered. If it is allowed to build a Succah in the intermediate days, and what is to be done when a Succah becomes ruined during the seven days. Can one fulfil his duties in his neighbor s Suc cah, or must each one have his own Succah ? What R. Eliezer said to R. Ilai MISHNAS VIII. to X. when he came to when he took his visit him How many There was not one Lud. What happened to R. Eliezer booth of R. Johanan bar Ilai in the city of Kisri. Israel from which a judge did not descend (see in the city of rest in the tribe in SYNOPSIS OF SUBJECTS. vii the explanation of it, p. 35, footnote). What happened to the same when he took his rest in Upper Galilea, and was asked thirty Halakhas about the law What was said of Rabban Johanan b. Zakkai the Master of R. Eliezer, of all his habits and customs, and fhat R. Eliezer his disciple conducted himself similarly. About the eighty disciples of Hillel the Elder. of the Succah. Who was the greatest of What latter. and who the all, least, the Elders of the schools of and what was said about the Shammai and Hillel said when they visited R. Johanan b. Hahoronith, and found him sitting with his head and the greater part of his body in the booth, and the table was in the house. How is it with women, slaves, and minors are they exempt from the Succah ? What shall be the age of a minor when be considered so to ? What Shammai daughter-in-law gave birth to a son during the Feast of Tabernacles. How the Succah shall be used during the seven days of the festival as a regular domicile, and the house as an occasional abode. the Elder did How is it when it his rains Where ? the finest vessels and utensils must be kept during the time of Tabernacles, and which of the inferior of them are allowed to be kept in the Succah. What R. Joseph did when a wind blew the chips of the covering into the dish, when he was sitting in the Succah, and what Abayi asked him. What an eclipse of the sun means to the whole world. When the sun and the moon are eclipsed, it is an ill omen to the enemies of Israel, so maintains R. Meir. On account of four things the sun is eclipsed. For four things the property of householders becomes annihilated, 33-4 CHAPTER MISHNAS I. to III. was acquired by test The law about or dried, or if it l III. the palm branch, the size of it, if it was from a grove. What R. Huna what they shall do when they buy myrtles of said to the sellers of myrtles is the law if a public street is roofed for the purpose of a Gentiles. How Succah. What R. Na hman plained that the exilarch and said to the sages when an old woman com all the sages of the house of the exilarch are a robbed Succah. If a citron cannot be found, can it be replaced by a lemon or not ? If the point of the citron was broken off. If the leaves How the law is if the "twins" of the of the palm branch were torn off. Lulab are divided. The prescribed size of a Lulab and a myrtle. How many boughs of myrtle ? How the law is if a bough of a myrtle has more sitting in berries than leaves. If it was a Tzaphtzapha. If a greater number of If a Lulab must be the tip has been broken off. tied up, and how it shall be tied together with the myrtle and the willow. Of what places must a willow be taken. The difference of opinion between leaves have dropped off. If R. Ishmael, R. Tarphon, and R. Aqiba about the prescribed sizes of the Lulab, myrtle, willow, and citron. What Samuel said to the sellers of 42-5 myrtles, How with a citron which was taken off a tree less than three years old ? What, if it was of Demai? What is the mini mum size of a small citron and the maximum of a large one ? How is the law if a citron has been peeled and gets the color of a red date ? If it has a MlSHNAS IV. to VII. is it How is an unripe citron ? What makes a citron unbeautiful ? The Lulab which must be tied with its own kind only, according to R. Jehudah, hole. SYNOPSIS OF SUBJECTS. viii what is to be called its own kind ? The objection of R. Meir, who relates that the inhabitants of Jerusalem tied a Lulab with gold lace, and what the sages answered to this. What Rabba said to the men who tied the Hosha- How noth for the exilarch. to prevent an intervention between the Lulab The myrtle bough used to be tied with it. and the other things which are for religious duties citron ? With what may it be smelled, or not And how ? is it with the hands the Lulab and the citron must be handled. Why do we pronounce the benediction on the Lulab only ? When must the Lulab be shaken ? How is it to be shaken ? What is the law if one is on When is Hallel to be read ? Who must read the road and has no Lulab ? it ? From what chapters of the Psalms the Hallel is said. What the reader shall say, and what the congregation shall answer in the saying of Hallel. What verses are to be repeated in Hallel, 5-$6 MISHNAS VIII. to XI. common man respects is done ? in Does in the manner the What is the law when one buys a Lulab from a Is a citron equal to a tree in all the Sabbatical year. the fruit of the Sabbatical year become exchanged, if it of buying for its fruits. money exchanged and of second tithe be exchanged and selling May ? The Sabbatical year holds both the fruit of Sabbatical year game, cattle, and fowl, when they are alive or slaughtered ? How the Lulab was used in the second Temple, and in the country at that time, and what R. Johanan b. Zakkai has ordained When the first day of Tabernacles falls on a Sabbath. after its destruction. What happened to Rabban Gamaliel, R. Elazar b. Azariah, and R. Aqiba when the former bought a citron for a thousand Zuz, and what he did with it. What R. Elazar b. Zadok relates how the custom of the men of Jerusa lem was. When the Lulab may be put in water, when water may be added, and when it must be changed. At what age a minor has to shake the Lulab, to perform the duties of Tzitzith, Tefilin, and his father to teach him the Torah, and to read with him the Shema, 56-61 for wild CHAPTER MISHNA IV. The Lulab and willow to surround the altar were sometimes and sometimes on seven days of the festival. The Hallel and the eating of peace-offerings took place on eight days, and the pipes were played on sometimes five, sometimes six days. In which case was the Lulab used seven clays ? Whence do we deduce this from the Scriptures ? Why do we use the Lulab seven days in memory of the Temple, and not the wil low ? Do the Lulab and the willow violate the Sabbath or not ? Can one fulfil the ceremony of the willow with that which is tied to the Lulab ? May a man go more than ten Parsaoth on the eve of Sabbath ? 62-66 used on I. six days, . . II. to IV. How was the commandment to take the willow ful Jerusalem ? What was said when they went around the altar with the willow ? The saying of R. Simeon b. Jochai, that he could exempt the whole world from the day of judgment, since he was born till that time, etc. Must the benediction on the Lulab be pronounced all the seven days, or on the first day only ? Shall the benediction of the time be pronounced with the Lulab and the Succah, and when ? Come and see The usages of the Holy One, blessed be He, are not as the usages of human beings. Can the citron be eaten during the seven days, or on the eighth day only ? The difference MlSHNAS filled in : SYNOPSIS OF SUBJECTS. ix Tanaim and Amoraim, if the ceremony of the willow based upon a tradition of the prophets, or it is only a custom of theirs. Must the benediction of the time be pronounced on the eighth day of the of opinion between the is Tabernacles, which is a separate holiday ? The Hallel and the enjoying of the peace-offerings were for eight clays. How so ? How was the pouring out of the water ? Why the people called out to him who poured out the water: Raise thy hand." Why were the holes of the two silver basins of which " the wine and water were poured out not equal in size ? The saying of R. Elazar, that the doing of charity is greater than all the sacrifices. Charity is rewarded only In three things is accordance with the kindness with which in CHAPTER MISHNAS sacrifices, if it the bestowing of favors greater than charity, I. and it was . is done. 66-75 V. The difference of opinion about the music of the instrumental or vocal. pious and distinguished II. How men danced before the people with lighted flambeaux in their hands, and what they said. After reaching the gate they turned westward what they said about their ancestors and themselves. The beauty of the Temple ; which was Egypt, all and how rebuilt by Herod the Great, and the advice which the sages gave of the diuplustin (double portico) of Alexandria in The beauty to him. that it all this contained, the seventy-one golden chairs for the Sanhedrin, was destroyed by Alexander of Macedonia. The separate places for males and females in the Temple, and how they were changed in order to prevent levity. About the lamentation of the death of Messiah ben Joseph, and the death of the evil angel. The tradition of the two Messiahs, ben Joseph and ben David, and the different explanations of the verse Zechariah, vii. 10, according to the believers of the old tradition and the believers of the Messiahship of Christ. About the evil angel how he in the beginning- and how he grows in the nature of human beings. the Messiah ben David will ask of the Lord. The seven names of appears What The evil angel is hidden in man s heart. How he tempts the evil angel. scholars more than any one else. How Abayi watched a man and a woman who went on the road. What one shall do when the hideousness has The attacked him. judgment day. three verses of the Scriptures which clear Israel on the are meant by the four carpenters mentioned in Who Who are the seven shepherds and the eight anointed men 4 ? The four lads who held jars of oil containing 1 20 Was it in all 120 lugs, or did each jar contain so much ? Who said lugs. Well be to our youth which does not disgrace our age ? and who said vice versa ? What Hillel the Elder said when he was engaged in the enjoy Zechariah, ii. mentioned in 3 ? Micah, v. : ment of the pouring of the water. For what purpose the fifteen songs of degrees were said by David. What is the meaning of we belong to God and we raise our eyes to God ? 76-85 " " " " MISHNAS III. to VI. How many times was the trumpet blown in the Temple every day, and how many on the festivals ? The different opinions of the Tanaim about this point. When was the maximum of forty-eight ? For what purpose were the seventy bullocks offered on the seven clays of the Feast of Tabernacles ? And for what purpose was the one bullock offered [Numb. xxix. 36] ? Three times in the year all the times blown SYNOPSIS OF SUBJECTS. x twenty-four orders of priests were alike entitled to share the pieces of offer ? Whence do ings of the festival, and in the shewbread, for what purpose we deduce that all the orders of priests had equal shares in the offerings If a festival falls before or that were said to be sacrificed on the festivals ? after a Sabbath, all the twenty-four orders share alike in the shewbread. meant by before or after ? About the order of Bilgah, when Mi riam his daughter becomes an apostate, and what she said when the enemy entered the sanctuary, and what was done to the whole order, 85-92 What is . SYNOPSIS OF SUBJECTS OF VOLUME TRACT MOED KATAN.* VII. CHAPTER I. MlSHNAS I. to III. How dry and low-land may be irrigated from newly sprung fountain and rain water, on the middle days. Is grubbing up olivetrees permitted during the Sabbatical year ? Is one court permitted to overrule the decision of another ? Where is it deduced from the Scriptures that tombs must be marked ? Messengers on account of Kilaim, when and for what reason they were sent. The irrigating of plants and yardgardens. How to stop a gap in a fence, in the middle days and the Sabbati cal year, 1-9 MlSHNAS How the priests had to make the inspection of allowed to gather the bones of parents in the minor festivals. IV. to IX. If it is plagues. If a funeral oration festival. About digging one may espouse a wife in those days. The explanation of I Kings viii. 66, and the legend of Solomon and the gates. The allegorical blessings of Jonathan and Jehudah the dis How ciples of Ben Jo hi to his son, and their interpretation by his father. may and preparing graves be held thirty days before the in the minor festivals. If Rabh interpreted the advice of Ben Halafta to his own son as a blessing from the Scripture. The especial labors which may and may not be done on the middle days, and also the difference between a layman and a specialist on this subject, 9-18 CHAPTER MISHNAS Which II. may be done in the usual manner and manner. If the property of one was fined by the court for violating the minor feasts, and he dies, is it in force for his heirs ? And how it shall be done in the buying and selling places, 19-24 I. to VI. which must be changed labors in their . CHAPTER MlSHNA I. III. Who may trim their hair. must be observed on the festival If mourning and the burden of ban and middle days. Whence do we deduce * See footnote in Tract Succah. SYNOPSIS OF SUBJECTS. iv power to summon, to appoint a time, and to postpone and to excommunicate ? For what cases one may be put under the ban, and what is the fixed time for rebuke, ban, and excommunication. What happened to a young scholar whom R. Jehudah put under the ban. How the maid-servant of Rabbi put one under the ban for beating his grown up son, and what the rabbis said to that. What Mar Zutra the Pious did when a young scholar was delinquent 25-34 that the court has trials MISHNAS II. bonds and debts. to VII. What documents are allowed to be written. About Do the days of the festival post Phylacteries, etc. or abolish ? The difference in this subject between About pone the mourning Sabbath and a festival, and as to a difference also between the festivals them If the garments are to be selves, and which of them enter into computation. rent for certain relatives, and how to do it on the minor feasts. What happened to an Ishmaelitish merchant when the coffins of Rabba and Hamnuna passed by. The Elegy of a disciple on them. The funeral oration on Rabina. The answer of Bar Kipuk to the question of R. Ashi What oration he would make on the day of his death the oration on a child which died at birth all in the oration on R. Zera when he has departed in Palestine verse. To whom it must be said "Go in and to whom, "Go with peace," : ; ; : peace," 35-45 SYNOPSIS OF SUBJECTS OF VOLUME TRACT TAANITH. VIII. CHAPTER MISHNA The I. I. difference of opinion about the mention of the power of rain in the prayer on the days of Tabernacles. Whence do we know that of the readers shall mention it on the feast of mention must be made. Who Must one repeat Passover. prayed to God also prayed for an MISHNA II. his for things that prayer improper thing, Till what time is if he made no mention ? Three men The congregation of Israel ....... were not suitable. the rain to be prayed for. 1-7 What was eaten during the seven years of famine [II Kings, viii.] Jacob, our father, never When begin the rain fructifications ? The knowledge of the Law is died. an elixir of life. Why the words of the Law are compared to water, wine, To what the day of rain is equal in importance. explanations of the interpretation of the passage Eccles. x. see how great are the men who have faith (see footnote, pp. The and milk. 10. 18, different Come and When 19). there are famine and pestilence what shall be prayed for ? The explanation thou shalt truly tithe." When Aaron died the pillar of of the passage " cloud What happened to the disciples of Rabha when he died ? measurements of the Gehenna and the Garden of Eden, 7-24 left, etc. About the . V. From what time in fall must rain be prayed and The punishment of one who leaves the fasted for if it has not descended ? congregation when the latter is in trouble, in order to avoid it. What means MISHNAS the "God of III. to preceding the What would Who truth." hours considered fast ? ? is called a sinner when he fasteth ? Is a fast of what time may food be partaken of on the day fast-days pass without answer, what shall be done ? Until If the elders do when they assembled Rabbi by the inhabitants of Nineveh. his clothes (when praying), to in the morning ? The query Not every one has a right to rend 24-35 . CHAPTER II. the order of procedure on the fast-days ? What has happened to Halaphta and Hanina b. Teradion ? About the days that are mentioned in the "Roll of Fasts." On what days of the week the order of MlSHNA I. What is may begin. Why do they congregate in an open place ? Why are ashes strewn on the heads of all ? Who has a right to address the congrefasts * See introduction to synopsis in Tract Sabbath, Vol. of synopsis in Vol. V. I., p. xxix. ; also note at end SYNOPSIS OF SUBJECTS. xiv ? What the reader has to say to each benediction. The strife carried on between the Pharisees and Bathusees concerning the continual daily Has one to complete his fast if rain de offering (see footnote, p. 44). gallon scends ?....... CHAPTER 36-46 III. must be sounded. What hap and what message Simeon b. Shetah sent to him. pened What is considered a plague causing death ? What price must grain reach The legend of Nakdimon b. Gurion when he in order to arrange a fast ? borrowed water from a heathen. For the sake of Moses, Joshua, and Nakdi mon the sun shone. The good things that R. Huna did, and what Rabha I. On what Honi Hama gel MISHNA to fast-days an alarm to say to this. Concerning the sickness of Shaibatha. The legend of Hilpha and Johanan when they studied together, and what they heard What happened to Na hum of Gimzo, and the legend about of the angels. The men who have a share in the world to come, who were pointed out it. by Elijah (the prophet) to Beroka of Huzaah. An alarm should be sounded over attacks of wild beasts, etc. For a pest an alarm should be sounded even on a Sabbath. What is meant by the passage Levit. xxvi. 4. The legend about had Honi The legend at length, and how he slept seventy years. his grandson, and also of Hanan the Hidden, who was Hama gel about Abba Helkyah, a grandson of his daughter. How the Amoraim of Palestine prayed for rain and how those of Babylon did. What happened to Oshiya, the youngest of the college, with the Nasi when he had ordered a fast-day. The merits of for rain in the presence of Rabbi and Rabh (at answered at once. Legends about different and were places) Amoraim who have prayed for rain that were or were not answered. The legend at length of Hanina b. Dosa, his wife, etc. How much rain should men who have prayed the different in order that the congregation should stop fasting with Samuel the Little when he ordered a fast ? fall CHAPTER MISHNA I. The periods of the year at What happened 46-77 IV. which the priests shall raise their the standing men used to fast. The days when Hallei was sung. The five calamities that happened on the seventeenth of Tamuz and those on the ninth of Ab. What is prohibited during the week of the hands for prayer. When The festivals of the fifteenth of Ab and the Day of Atone The twenty-four watches which were in the land of Israel. How many watches were established by Moses, and how many by David. What Who were the Gonebe Eli and Kotze did the men of the watches pray for ? ninth of Ab. ment. Moab ben Jehudah, p. 84)? Who were the family of Pa hath Whence do we know that the five calamities have happened on the seventeenth of Tamuz ? Whence do we know that the second Temple was Ketzioth (see note, etc. ? Also that the city of Bethar was con also burned on the ninth of Ab ? quered on that day ? What is allowed to eat on the afternoon of the eve of the ninth of Ab ? Which ordinance of mourning is applicable to the ninth of Ab? The custom of Jehudah bar Ilai on the night preceding the ninth What occurrence makes the fifteenth of Ab a festival ? What Elazar has to say about the ring of righteousness that the Holy One, blessed be He, will make in the future in the Garden of Eden, 78-92 of Ab. . . . SYNOPSIS OF SUBJECTS OF VOLUME TRACT MEGILLA. VIII. CHAPTER MISHNAS fifteenth of I. The Megilla is to be read from the eleventh till the so ? Which cities are considered walled since the Nun. By whom was made the Targum on the Pentateuch and Adar. I. II. How time of Joshua b. and by whom that of the Prophets. What the Heavenly voice said then and how the ground of Palestine trembled. Who were the men who were with Daniel [Daniel, x. 7] ? Who are obliged to hear the reading of the Megilla ? Which has the preference, the study of the Law or the reading of the Megilla ? Are women obliged to hear the Megilla read ? What must be considered a large town ? What Rabbi used to do on Purim, the seventeenth of Tamuz, and how he has abolished planation of the passage Zechar. sage Ps. cxl. 9. MlSHNA Also what When III. is to and ex also the explanation of the pas be inferred from Habakkuk, the Megilla The the fast on the ninth of Ab. ix. 7, was read in the first i. 13, . Adar and 1-14 after wards the year was declared intercalary. The request that Esther sent to the sages. The Book of Esther was dictated by the Holy Spirit. Whence is this deduced ? The obligation of sending portions to friends and to give In what characters and language the Megilla must be charity to the poor. written ? When is the festival meal on Purim to be eaten ? 14-17 . MlSHNAS . IV. and V. Enumerate the difference of a number of things between one another, among them the difference of the Greek language and others, and why it has preference over all others except Hebrew. The tradi men Assembly about the passages beginning with came to pass). What a bride who is chaste in the house of her husband s parents deserves. The enumeration of the passages with which the different Amoraim began their lectures on the Book of Esther. The analysis of the name Ahasuerus," and what the different sages had to Is it to his credit or to his dis say about it. He was a self-made king. credit ? The three kings that reigned over the whole world. Why was Cyrus called the anointed of God ? Why does the Bible sometimes name Persia before Media and sometimes vice versa f By what sins did the Is raelites incur the decree of Haman in that age ? Who was Memuchan ? Why was Mordecai called Benjamite and Judean ? The interpretation of the names mentioned in the Chronicles without any explanation. Why did tion of the the word of the Great " Vahi" (and it " SYNOPSIS OF SUBJECTS. Esther not reveal her nationality ? How the Lord and of Esther. Saul, and the servants of The reward makes wroth their masters in order to explanation of the calamities of Hainan. Haman. The explanation of the passage, God." The seven prophetesses in Israel. Who was Hathach Why ? modesty of Rachel, of the masters of their servants do good "There is of Ahasuerus and not any rock like our Pride does not become Haman Abahu detail to the feast, mentioned sixth in Ezra, ii. 2, the fifth, women. and what Why Israel resembles earth about the conversation which ? Esther had with Ahasuerus before the hanging of Haman. decai The to the upright. The parable did Esther invite Elijah, the prophet, said about this to and why stars ? All the lecturing in for the v and in Why Nehemiah, vii. is Mor- 7, the 17-44 ? CHAPTER II. MISHNAS I. and II. Whence do we deduce that anyone that reads the Megilla in an irregular manner does not fulfil his duty, that the Patriarchs must be mentioned in the prayer, that the Megilla must not be read by and that the name of the Lord must not be blessed any more heart, after the How is it known that God pronunciation of the eighteen benedictions ? called Jacob "El"? Regulations concerning the reading from Assyrian If the inhab characters, from writing in ink, and not to make long pauses. itants of which is an open town had gone to a walled town. If one reads the Megilla bound together with other books. How the schoolmen repudiated Halakha in the name of Johanan, 45-54 MISHNAS III. to V. Who is qualified to read the Megilla ? Which acts may not be done before sunrise on the day on which they are obligatory, and which may be done during the whole of the day on which they are obliga the statement of an tory, . . . 54-56 . CHAPTER III. MISHNAS I. to VI. Is the Megilla to be read sitting or standing ? What benediction must be pronounced before and after the reading ? Regulations concerning the men to be called to read the Holy Scrolls in the prayer houses on the prescribed days, and their number on each day. What when men come finished the benediction for when the name of is to be done What is synagogue mourners ? The number of men that must be present God is mentioned in a benediction. How many verses into the after the prayer is ? Holy Scrolls ? Who is allowed a priest whose hands are deformed raise his hands to bless the congregation ? If one say he will not minister at reading desk If one say in his prayer, "The in colored clothes. good shall bless Thee must each read who is to act as minister May ? called to read in the " (see note, p. 67). and which are to Which portions of the Torah must be read and explained, be read without explanation CHAPTER MISHNAS I. to III. ? 57-69 IV. Regulations concerning the investment of the proceeds of a sale of sacred public property. May one prayer house be exchanged for another ? Which articles used in a religious duty may be cast away, and SYNOPSIS OF SUBJECTS. vi which must be hidden May old ? What Holy Scrolls be sold ? disposition of the Holy Scrolls when rotten When are Holy Scrolls allowed to be sold ? ? Rules of contribution to charity by a visitor of a town. May sacred public property be sold to private individuals ? The replies of many sages when they were questioned for the reason of their longevity. What is forbidden to be done in a prayer house, and may a man go in there for the purpose of What is meant by the saying Come and see how the protecting himself against rain or sunshine Mishna: "Who uses the crown is lost"? Israelites are beloved before the etc. of the the Mount Sinai, Holy One, ? The Heavenly voice about 70-81 Treat about the portions of the Bible which are to be read on the Sabbaths beginning two weeks before Purim up to Passover, on each day of the Passover, and on each day of the other festivals, and the different opinions about this, 81-90 MlSHNAS IV. and V. SYNOPSIS OF SUBJECTS OF VOLUME CHAPTERS VIII. to III. I. How One who EBEL RABBATHI. is in agony of death is regarded as alive the inhabitants of a village greet each respects. shall a suicide be buried, other if a death occurs in their community ? in all so? May How and who is considered such ? Suicide of a minor. The burial of one judi That of one separating himself from the congregation, and of those stealing the duties. At what age are poor children to be lamented, and at what age rich ones ? The funeral meal. At what age is death considered Kareth (short life)? The days of sickness. The legend about the conversation of the Angel of Death with many of the Amocially executed. raim, ............. CHAPTERS IV. and V. Who are considered relatives of the i-ll first and second degrees ? The regulations of an Onen (a mourner before the burial Over of the dead), and the period of Aninuth (see Commentary, p. 13). what relatives priests and high-priests may defile themselves. The decision of the sages as to the exhumation of a body for the purpose of examination For what purposes the high-priest may as to age, and the reasons therefor. Who is considered a Meth-Mitzvah (see Com or may not leave Palestine. mentary, p. 17), and what shall be done with him, and how a Meth-Mitzvah was the incident which caused R. Aqiba to be counted among the wise. What work may and what may not be done by a mourner. What must be observed during the seven, the thirty days, and during the whole year of The exact periods for weeping, lamenting, not to calender mourning. Whence is it clothes, and not to cut the hair, which must not be exceeded. When one mourning suc deduced that mourning lasts for seven days ? ceeds another. The regulations concerning the ban and for how many days it ......... shall continue, CHAPTERS may wash, and if he house, and what seat done with mourners and others having trouble Ordinances 12-23 What a mourner may read, what clothes he may or may not wear shoes. When he may leave his he may occupy when in the prayer-house. What was VI. and VII. in detail when entering the Temple. relating to calendering clothes, cutting the hair, etc., during the thirty days. What happened to Mar Samuel with his brother Pin has during their mourning. The period after which it is allowed to remarry after the death of one s wife, 23-30 etc., etc., ..... SYNOPSIS OF SUBJECTS. iv CHAPTERS made and IX. The different opinions about the canopy that a dead bridal couple, and what eatables may be destroyed The execution of Simeon, Ishmael, Aqiba, etc., and the in their honor. lamentation over them by the sages, in detail. The a fortiori conclusion, is to be VIII. for drawn from many biblical passages, how a man must avoid to come in con About what dead relatives must one rend his subjects. garments, and the rending of garments over scholars, chiefs of a college, etc. When the rent may be mended. The size of the rent. If a mourner travels tact with evil from one place CHAPTERS X. mourner ers. is exempt. in obligation of lowering the couches and The saving of the garment proper condition. 30-45 From the performance of what religious duties a The funeral meal. The standing in line of the consol what may not be discussed in the presence of a dead to XII. What may and The The to another. when they may be placed which was upon the dead, and poor people and that of scholars, and what Aqiba when his son died. The difference in the burial and lamentation of a man and a woman. The preference of way of a bridal procession over that of a funeral, and what happened to King Agrippa. The sweeping and the besprinkling of a mourner s house. A recent and remote The different societies that were in Jerusalem for attending information. body. happened burial of rich to weddings or funerals, etc. The four sages that came to console R. Ishmael and what they said. When the consolers are permitted About the burial of the bones of two dead bodies in to speak consolation. one grave. The saying of R. Eliezer b. Zadok as to what his father com manded him in regard to his burial, and what Abba Saul said in his will to his son. When a hearse is used. What Hanina b. Teradion did when his son was executed as a robber 45~57 when his sons died, CHAPTERS bones is XIII. exempt. From what religious duties a gatherer of places in which bones and the Scriptures must be and XIV. The placed when being removed. When is it allowed to remove a corpse from one grave to another ? If it is allowed to bury two corpses, or one corpse and bones of another corpse, in one grave. If benefit may be derived from a How a cemetery must building over a vacant grave or from a vacant coffin. If graves may be changed from one family to not be considered "vilely. The three Is occupancy (Hazakah] considered with graves ? another. A cemetery which surrounds the city on three different kinds of graves. sides. The seven standings and sittings after the burial. The ten goblets of wine that the sages have ordered in the house of a mourner. What shall be said in the fourth meal benediction in the house of a mourner ? SECTION NEZIKIN (JURISPRUDENCE). SYNOPSIS OF SUBJECTS OF TRACT ABOTH (FATHERS OF THE SYNAGOGUE). [Several requests have been received by the translator that an index should be to the volumes of the Talmud, as is customary with all modern works. It would be an utter impossibility to give a complete index of everything contained in made the Talmud. Were this could easily it like other scientific be done ; but with the works, which treat each subject separately, it is different. On one page many Talmud may be discussed, and again a single subject may occupy The Talmud, therefore, has never had an index. different subjects pages. several After careful examination of the volumes, page by page, it has been decided to a synopsis, i.e., to give briefly the heads of the discussions and conversations make upon each Mishna, indicating the page where the Mishna is to be found, and the Gemara of each one, which serves as a commentary. By this the reader should be able to refer to what he desires to know. A is therefore given of every Mishna which discusses a single subject, accompanying Gemara in this volume, the Tosephtha but when several short Mishnas cover the same subject, a single synopsis is given of the whole, includ ing the Gemara of each one and where a chapter is short, a synopsis of the whole with synopsis its ; ; chapter is This made, without dividing is it into Mishnas. the best that can be done, and it is hoped that readers will find it satis factory.] CHAPTER I. MISHNA A. The Great Assembly Be deliber originated three maxims. The books of Proverbs, Song of Songs, and How was Adam created ? Why was Adam created on the last hour of the sixth day ? On the same day on which he was formed, on the very same day his countenance was created. Accord Be deliberate in judgment" means not to have an irascible ing to others: manner. Erect safeguards for the Law. The safeguard of the Lord, of Adam the First. The legend about Eve and the serpent, etc. The ten How so ate in judgment. Ecclesiastes were hidden. ? " curses with which Eve was cursed at that time. same trough ? The tradition about of Noah, and the ram sacrificed by Abraham, " out of the Shall and my cattle eat .... the steer " I the ox of Adam, i-n SYNOPSIS OF SUBJECTS. xii CONTINUATION OF CHAPTER II. OF TOSEPHTHA. What is the safeguard Torah made to its words ? What Elijah the prophet answered the widow of the scholar who died in the prime of his life. What is the safe guard that Moses made to his words ? The reason why Moses broke the Tables ? What is the safeguard that Job made to his words ? The safe guard that the prophets made to their words. The safeguard that the Hagiographers made to their words. The safeguard that the sages made to their that the ............ words, CONTINUATION OF CHAPTER coin from charity when not in need III. Whoever OF TOSEPHTHA. 11-19 takes a of it, etc. Study the Law in thy old age, thou hast studied it in thy youth. If you gave a coin to a poor man in the morning, and another one begs of you in the evening, give him also. What happened to a poor man with R. Aqiba. What happened to Benja even if min the ........... Just, MISHNA B. The motto of Simeon the Upon service, how so ? Upon bestowal hanan of 19-21 so ? Upon the Torah, how Rabban favors, how so ? Just. mankind Jo- one from 22-26 the other, MISHNAS C AND D. Be not like slaves who serve their masters for the sake of compensation. Let the fear of Heaven be upon you. Let your house How did R. Aqiba begin his wonderful be the meeting place of the wise. career ? Not less astonishing was the literary career of R. Eliezer. How his father Hyrkanus reached the seats of Ben Zizith Ha Kesseth, Nakdimon b. Gurion, and Calba Shebua, 26-32 AND F. Let thy house be wide open for the poor. When the MISHNAS Teach thy house humility great affliction came upon Job, he prayed, etc. Get thee a wise teacher. Judge the different explanations of this saying. everyone from his favorable side. The legend about a maiden who was led Not only were into captivity and the pious men who went to redeem her. the upright of former times themselves very strict and particular, but also b. Zakkai and Vespasian. In three things differ . E their cattle were The ass of R. Hanina b. Dosa, 32-38 Slanderers are pun ished with plagues. The legend about Moses, Aaron, and Miriam. Do not consider thyself exempt from God s chastisement, 38-41 MISHNAS K. Make thyself not as those that predispose the Judges. MISHNA G. so. Keep . . . aloof from a wicked neighbor. .... HTO how so ? Do not care for superiority. See to it that your name known to the Government. Ye wise, be guarded in your words. Love peace how so ? Moses desired to die the same death Aaron did how so ? The legend of the death of Moses, at length. Pursue peace how so ? Love all men too, and bring them nigh unto the Law, 41-50 MISHNAS L TO Q. If I do not look to myself, who will do so ? And if not now, when ? He who does not desire to learn from his masters is not worthy to live. He who increases not, decreases how so ? He who serves Love work be not . . himself with a tiara perishes. Fix a time for study. Promise little and do much. Receive everyone with friendly countenance. Make a master to have never found anything better for a man than silence." Three things support the world. The disciples of Hillel of R. Johanan b. Zakkai what was said about them and what they used to say. The con thyself. "I ; solation of R. Johanan b. Zakkai by his disciples when his son died. Thy SYNOPSIS OF SUBJECTS. fellow s honor must be as dear to thee as thine own. xiii Do not allow thyself be easily angered. The two proselytes that came before Hillel and Shammai. Repent one day before thy death, 50-58 .... to CHAPTER II. MlSHNAS A TO M. In choosing the right path, see that it is one which honorable to thyself and without offence to others. All who occupy them Do His selves with communal affairs should do it in the name of Heaven. Pass will as if it were thy own, that He may do thy wil is if it were His. is not judgment upon thy neighbor until thou hast put thyself in his place. The boor can never fear sin, and the ignorant can never be truly pious. The more feasting the more food for worms. What is the best thing to cul Which is the evil way a man should shun. Warm thyself before tivate. An envious eye, evil propensities, and misanthropy the light of the wise. man out of the world. The legend about Joseph the Just, R. Zadoq, drive a R. Aqiba, R. Eliezer the Great, evil propensities. etc. How difficult Love everyone except the leaders, and the informers. thine own, Thy neighbor s it is for man to avoid the infidels, the enticers, the mis- property must be as sacred as 58-65 Set thyself to learn the Law. Johanan b. Zakkai and the daughter of Nakdimon b. Gurion. Let noble purpose underlie thy every action. The sages who were recounted of R. Jehudah the Prince. How MlSHNA N. they were named by Issi b. 65-70 Jehudah, CHAPTER III. A TO V. Consider three things, and you will not fall into MISHNAS Pray always for the welfare of the Government. Whoever transgression. Render unto God what belongs takes the words of the Torah to his heart. to thou and all thou hast are His. Whomsoever fear of sin pre wisdom prevails. He whose works are in excess of his wisdom, wisdom will endure. Be pliant with thy chief. Receive every man with Him, for cedes, his his cheerfulness. Mockery and frivolity are the forerunners of immorality. The world is judged by grace. given. possess is merely a trust. Without knowledge of religion there can be no true culture, and without true culture there is no knowledge of Everything All that religion. dom is foreseen and free will is we Qinim, canons, astronomy, and geometry are after-courses of wis 70-81 CHAPTER IV. A TO P. Who is a wise man ? He who learns from every Despise no man, and consider nothing as too far removed to come to Be exceedingly lowly of spirit. Wear not the law of God as a crown MlSHNAS body. pass. to exalt thyself withal. Judge not alone, for none may judge alone save One. Whatsoever congregation is for the sake of Heaven will in the end succeed. Let the honor of thy disciple be as dear unto thee as the honor of thine asso- SYNOPSIS OF SUBJECTS. xiv ciate. Be careful in thy study, for error in study counts for an intentional 81-86 sin, MISHNA Q. Neither the security of the wicked nor the afflictions of the are within the grasp of our understanding. Be beforehand in righteous saluting every man. Be the lion s tail rather than the fox s head. Do not seek to appease thy friend in the hour of his passion. Look not upon the Envy, sensuality, and ambition destroy pitcher, but upon what it contains. Accept not the assurance of thy passions, that the grave will be a place of refuge for thee. Without thy consent wert thou created, born into the world without thy choice. Thou art living without thine own volition, life. without thine approval thou wilt have to die. About the death of Eliezer Set something apart for charity, before you are compelled to do the Great. Lower thy seat two or three rows from the place you intend so by others. There are three persons whose life is not worth living. The to occupy. safeguard for honor is refraining from laughter. The safeguard for wisdom Whoever marries a woman not suitable to him transgresses five is silence. Do not be as the lintel, which no hand can reach, negative commandments. etc., 86-95 Q. (continued). Those that despise me shall be lightly esteemed. support of the wise, etc. Do not keep away from a precept which has MISHNA The Let the honor of thy disciple, etc. There is grain in Judea, straw and chaff on the other side of the Jordan. There is no love such There is no wisdom such as the wisdom of man as the love of the Torah. Whoever maintains peace in his own household, etc. The words of ners. no limit. in Galilee, Torah are as the if difficult to acquire as silken garments and are lost as which are done in private shall be done as All those things easily as, etc. they were done publicly. Do not isolate thyself from the community. Whoever constitutes the disciples are divided into three classes, etc. The the chief good, and considers worldly affairs as a secondary thing, Conciliate not thy friend in the hour of his anger. The scholars are divided into four classes One studies but does not teach others, etc. If Torah as etc. : one honor his friend for pecuniary considerations, he will in the end be dis missed in disgrace, etc. On account of the four different means of forgive ness, etc. Repentance must be to every one of them. However, one who has profaned the name of heaven has not the power to repent. Wherefore do scholars die before their time. Be careful in greeting thy neighbors. He who neglects the words of the Law on account of his riches. There is a One who connects himself case where one transgresses ignorantly, etc. with transgressors, etc. The punishment of the liar is that even when he tells the truth he is not believed, 95-103 CHAPTER MlSHNAS A TO G. By purpose is this stated to the whole creation all V. ? ? ten sayings the world was created. For what is it deduced that a single person is equal The Holy One, blessed be He, showed unto Adam Whence succeeding generations, together with their preachers, directors, leaders, prophets, heroes, criminals, and their pious. Nine hundred and seventy- SYNOPSIS OF SUBJECTS. xv four generations before the creation of the world, the Torah was already He created in man all that he created in his world how so ? written, etc. Ten generations were there from Adam to Noah. For what purpose was this stated ? The Lord said I will not equal the evil thoughts to the good thoughts so long as their fate has not yet been sealed. Ten generations were there from Noah to Abraham. For what purpose was it necessary to With ten temptations was Abraham our father tempted. They state this ? : are as follows, etc. In contrast with these ten temptations the Lord performed When our fathers stood by the ten miracles for his descendants in Egypt. etc. With ten temptations did our "Arise, and pass through ancestors tempt God in the wilderness. By means of ten trials the Holy One, blessed be He, tested our forefathers. This sin with which the Israel sea, etc. ites it," were afflicted is enough applied to the Holy One, Ten names of praise are Ten ignominious names are for that time, etc. blessed be He. There are two sons of the clear oil. This refers to In the Torah there is written eleven times the word Ten times did the Shekhina descend when it ought to be upon the earth. Ten degrees the Shekhina removed itself from one place to another. A prophet is called by ten different names. There are ten names Ten are called living." Ten miracles were wrought for the Holy Spirit. applied to the idols. Aaron and Messiah. "she" "he." " for our fathers in Egypt 103-115 Ten miracles were performed for our forefathers in Jerusalem. Jerusalem never was defiled by leprosy. How Kimchith, the mother of R. Ishmael, saw her two sons as high-priests on the same day. The men of Sodom have no share in the world to come. About Kora h and The Lord killeth, and maketh alive he bringeth down to his company. has reference to them. The generation of the the grave, and bringeth Gather together unto me my pious servants, who make a covenant desert. with me by sacrifice," has reference to them. The ten tribes have no share As the day is first dark in the world to come. R. Aqiba, however, said and then lightens up, so also their darkness will be followed by light." The MISHNAS //"TO O. " ; up," " " : There are three following seven have no share in the world to come, etc. kings and four commoners who have no share in the world to come. Absa lom has no share in the world come. to Seven things mark the clod, and seven there are for the sage. There are seven creations of as many grades Man possesses six qualifications, three of which belong also of importance. and three to the angels. The evil spirits possess six qualifica which belong to man. There are seven sorts of hypocrites. That which is hidden is only so from human beings, but not from Heaven. There are seven things which, if used moderately, are wholesome to the body, and if in excess are the reverse. With seven things God created the world. Seven attributes are serving before the throne of Grace. There are to the beast, tions, three of seven dwelling-places. A wise man does not speak before those who sur and does not interrupt another in his pass him in wisdom and years speech admits the truth, etc. Seven kinds of punishments come on account ; ; About the execution of R. Simeon b. Gamaliel and R. Ishmael b. Elisha the high-priest. Captivity comes upon Five are not to be forgiven. Four kinds of views are held the world, etc. of seven cardinal transgressions. by men concerning property, 115-131 SYNOPSIS OF SUBJECTS. xvi MlSHNAS PTO GG. There are four kinds of dispositions among men. There are four kinds of pupils. There are four kinds of chanty -givers. There are four kinds of visitors of the house of learning. There are four kinds of the disciples of the wise. Love inspired by ulterior motives, etc. Whatsoever gainsaying is for the sake of Heaven will have good results. Whosoever causes many to be righteous, sin prevails not over him. In whomsoever are the following three things, he is a disciple of Abraham, etc. Be courageous as the panther, light-winged as the eagle, swift as the deer, and strong as the lion. One five years old should study Scripture, etc. Turn it and turn it again, for everything can be found therein, 131-133 . CHAPTER VI. MlSHNAS A TO R. Whosoever is busied in Torah for the love thereof many things. Every day a Heavenly voice goes forth from Mount Horeb and proclaims as follows, etc. He who learns from his companion one chapter, etc., is bound to do him honor. The path of Torah, etc. merits Seek not greatness for thyself, and desire not honor. Greater is Torah than the priesthood, and than the kingdom. There are four things which bear good fruit in this world. A meritorious act has both principal and benefit. One who causes many to be righteous, no sin prevails Jupon him. Regard ing dreams, there are four sages, three scholars, three books of the prophets, and three books of the Hagiographa. Every assembly that is for the sake of Comeliness, strength, performing a religious duty remains everlasting. wealth, honor, wisdom, age, hoariness, and sons are becoming to the right If thou shouldst give me all the silver, gold, and goodly stones eous, etc. and pearls that are in the world, I would not dwell but in a place of Torah. Five possessions had the Holy One in this world. Whatsoever the Lord created in this world He created only for His glory. There are three crowns the crown of Torah, priesthood, and kingdom. Three things were said of charitable men. There are three different kinds among scholars. There are three different kinds of sweat that are beneficial to the body. There are six kinds of tears. There are three advantages in an earthen There are three advantages in a glass vessel. The money that the vessel. If you do the least Israelites carried away from Egypt returned to Egypt. : .... wrong to your companion, it shall be considered by you The following articles were hidden, etc., etc. the greatest wrong, 133-143 SYNOPSIS OF SUBJECTS OF TRACT DERECH ERETZ-RABBA AND ZUTA. RABBA. CHAPTER II. common informers, the wicked, the hypocrites, the the heretics, Scripture says, etc. Of the terrifying, the overbearing, the haughty, the barefaced, and of those who develop only their muscular Of evil-thinkers, story-tellers, tale-bearers, strength, the Scripture says, etc. assaults his neigh the Scripture says, etc. smooth-tongued persons, OF bor in the Sadducees, private, and who insults him Who Who in public, etc. raises the prices, diminishes the measure, accepts payment forestalls fruit, in large-sized The following leave no inheritance shekels only, and who lives on usury. The conceited, the slanderers, and those who indulge to their children, etc. Who lets his in obscene language, who are wise in their own eyes, etc. young son marry an older woman, and who marries off his daughter old man, and who bestows favors upon those who are unworthy, etc. to an Who betrays his partner, does not return a lost thing to its rightful owner, loans money to another in order to get possession of his house and field, and who lives immorally with his wife, and maliciously slanders his wife, etc. Who are wronged and do not wrong, who consider themselves contemptible, and who overcome their passion, etc. Who loves his wife as himself, honors her more than himself, who leads his children on the right path, and who marries off his son in due time, etc. Who loves his neighbor, loans even a amount to a poor man, etc. Who truthfully repent, who receive the repentant into their midst, who judge rightfully, reprove truthfully, propa gate purity, are pure of heart, are merciful, distribute charity, exert them Search for an opportunity to do good, pur selves in the study of the Law. sue righteousness, etc. On account of the following four things an eclipse small of the sun occurs, etc. of both the sun and the On account moon of the following four things an eclipse On account of the following four occurs, etc. SYNOPSIS OF SUBJECTS. xviii things the estates of the citizens are destroyed, etc. Do not fret thyself to be equal to the evil-doers. There is no sitting above, neither is there eating, 1-6 etc., CHAPTERS ONE who III. TO VI. bears in mind the following four things, etc., will never sin. in the centre of which the vat of a tanner is placed. Think of a big palace man Be careful, each of Be always pleasant at your entering and The angels, Abraham, and Lot. It is customary that, at your leaving. when entering, the master of the house enter first and the guest after him Never shall a man enter the house of his neigh the reverse when leaving. bor without permission. The philosopher, Rabban Gamaliel, and his com rades. Always consider strangers as burglars, and at the same time honor them as if each of them were R. Gamaliel himself. One who enters his neighbor s house shall do what he is told by the host (provided it is legiti mate). The legend about Simon b. Antiptaris, his guests, and R. Jehoshua. If a you, in allows his lips to pass only respectable words. honoring your neighbor. ; A man shall never be angry at his meals. Always shall a man try to agree with the majority of the people. Hillel the Elder, his wife, and the poor man. One shall not begin to eat the heads, but the leaves, of garlic or 6-12 onions, CHAPTERS VII. TO IX. WHEN two are sitting at the table, the elder one commences to eat first and the younger one after him. One shall not eat before the fourth hour. One who invited. enters a house shall not ask for food, but shall wait until he is not offer presents to his neighbor, knowing that he One should When one who does not intend to buy is in the market, he should not ask for the prices, for he misleads the sellers. One should not use a slice of bread to cover therewith a dish. Five things said Rabbi in regard to bread. One who comes to the table to take his meal would not accept them. shall not take his portion and give anything to the son of the host, etc., it CHAPTERS ...... to the waiter. X. AND Guests must not give 12-15 XI. ONE who enters the bath-house may say, etc. How should one conduct himself before bathing ? One who is not careful is an ass s equal one who One must not spit in the presence of his eats in the market is a dog s equal. neighbor, even in a bath-house. One shall not greet his neighbor when he ; is washing sidered such. A common informer is con road. neighbor without cause is also con time for the redemption of Israel the world to come, 16-19 He who walks the He who hates his One who sets a definite himself. sidered a murderer. through Messiah will have no share in . . SYNOPSIS OF SUBJECTS. xix ZUTA. CHAPTERS I. TO IV. WHAT are the qualities of sages ? Their thought concerning this world. have sustained a loss of your property, remember that Job, etc. When you you hear others insult you, do not answer them. Love the Law love all creatures and respect them. Love doubtfulness. Keep aloof from everything that may bring to sin. Keep aloof from grumbling. Seven patriarchs are Let all thy ways be for the sake of Heaven. Do not dis resting in glory. cuss in the presence of one who is greater than you in wisdom. Accept the If ; words of Law, even when you are in affliction. Be afraid of a light sin. Do If thou hast done much good to some I will flatter this man," etc. not say, If others have done thee much wrong, etc. one, consider it as very little. Do not hate the one who reproves thee. Let it be thy habit to say, I do not know." The commencement of making vows is the door to foolishness. " " Be as the lower threshhold, upon Fifteen customs are ascribed to the sages. The society of scholars is always agreeable. What all persons tread. which should one study more Scripture, Mishnayoth, or Talmud ? No pay shall be exacted for teaching. Do not complain of your being less wise than Do not complain that another one is beautiful and you are ugly. Let your ears not listen to vain talk. Be not afraid of the court of justice on If you perform all the commandments with joy, etc. All that is earth. another. said above is a warning to you, 25-27 CHAPTERS V. TO IX. A SCHOLAR must not eat standing, etc., etc. By four things the scholar is The beauty of wisdom is modesty. The beauty of noble performance is secrecy. Four things are derogatory to scholars, etc. When For saying benediction, the greater entering, the greater shall be first, etc. The first step to sin is in one s thoughts. A scholar must be care is first. recognized, etc. washing, anointing, etc. After peace but not Rather follow behind a lion than behind a woman. Who Keep aloof from anger. Love the poor in order respects the sages ?, etc. If you keep your mouth that your children shall not come to poverty, etc. from slander, you will spend all the days of life in peace. When you see your neighbor has become poor, do not refuse to help him. If you lower This world resembles the eyeball of a yourself, the Lord will lift you up. man, etc., 27-31 ful in after his eating, drinking, war. THE CHAPTER ON PEACE. ALTHOUGH evil decrees are enacted, one after another, against Israel, they endure forever. Seek peace at the place where you are, and if still you do xx SYNOPSIS OF SUBJECTS. All manner of lying is prohibited, except it, seek it in other places. make peace between one and his neighbor. Great is peace, in that the covenant of the priests was made with peace. When the Messiah shall come to Israel, he will begin with peace. Great is peace, in that all the benedictions and prayers conclude with peace. He who loves peace runs not find it be to after peace, offers peace, and answers peace, the Holy One, etc., . 31-34 SYNOPSIS OF SUBJECTS OF TRACT BABA KAMA (THE FIRST GATE).* CHAPTER I. There are four principal cases of tort, etc. One thing is They are all likely to do damage and must be guarded The case of doing damage by digging up gravel. The different against. mabeh by Rabh and Samuel (foot-note). explanations of the word There are thirteen principal tort-feasors. The depository, f etc. There are MISHNA common to 7. all. " " twenty-four principal tort-feasors. What are the derivatives of all those principals? Why are the four principals, ox, excavation, mabeh, and fire, enumerated separately in the Scripture ? From what and what kind of property must damage be collected ? When the standard is taken, is it taken of one s own lands or of those of the public in general ? In order not to close the door to borrowers, the sages have enacted that creditors should be paid out of the medium estates. If one conveys his estates to one or several persons, from whom and money due them to one-third, MlSHNAS II. from what estates shall the creditors collect the one does a meritorious thing he shall do it up ........... ? TO In case V. In all that 1-16 am charged with taking care of I have a more rigorous rule in case of the ox I prepared the damage. There is than in the cases of the pit and the How so ? If one fire, and vice -versa. charge of five persons, and one of them left intentionally and the ox caused damage, what is the law ? No appraisement is made for a If one hypothecates his slave or his ox and thereafter sells thief or robber. him. There is a difference between movable and immovable real estate. Slaves are considered movable real estate. During the killing, the bring ing of the suit, and the making of the award there shall be one and the same owner. There are five cases which are considered non-vicious and left his ox in * See introduction to Synopsis in Tract Aboth, Vol. I. (IX.), p. xi. f Farther on we use the term gratuitous bailee," as being more compre " hensive. SYNOPSIS OF SUBJECTS. x five which are considered sume, What etc. meaning is of the verse vicious. a Bardalis Is. xxxii. ? The What tooth is is considered vicious to con meant by " best estates 20, CHAPTER " ? The 16-29 II. MlSHNAS /. TO III. What tendency makes the foot to be considered Cocks that were flying from one place to another, and broke vessels with their wings. Cocks that were hopping on dough or on fruit, and made the same dirty, or that were flying and the wind produced by their wings damaged vessels, or that were pecking at a rope from which a water-pail was suspended, and, severing the rope, broke the water-pail what is the law ? The distinction between primary and secondary force. A dog that snatched and carried off a cake from the burning coals, and with the burning coal that stuck in the cake set fire to the barn, etc. There can be viciousness in case of gravel in the usual way." If an animal was walking in a place where it was impossible not to kick up gravel, and she kicked, and by so doing kicked up gravel and caused damage or if an animal caused damage by shaking the tail what is the law ? What tendency makes the tooth to be considered vicious ? It happened that an ass con sumed a loaf of bread contained in a basket and chewed up the basket, etc. If an animal was standing on private ground and an article was rolling toward the private ground, etc. About one who takes up his dwelling in vicious ? " ; the court of his neighbor without the latter s knowledge. One who rents a house from Reuben must pay the rent to Simeon, etc. If one uses an un occupied house of another for storing wood and straw, etc., what is the law? A certain person erected a palace on the ruins belonging to orphans, etc. A dog or a goat that jumps down from the top of a roof and breaks vessels whole damage. If, however, they fall down, there is no one s fire considered one s arrow or one s property ? There is no liability for damages clone by fire to concealed articles. How can such a case be found in the biblical law ? The mouth of an animal (consuming something on the premises of the plaintiff), is it considered as if yet in the court of the plaintiff? There were certain goats belonging to the family of liable for the liability. Is Tarbu that were doing damage to the property of R. Joseph, 30-47 MISHNAS IV. TO VI. What ox is considered non-vicious and what vicious ? One that has been warned for three days. The three days in question, are they such as to make the ox vicious, or do they also involve the owner ? For one who sets his neighbor s dog on a third person, what is the law ? An ox that gored, pushed, bit, lay down on, or kicked while on The a fortiori argument regarding the halfpublic ground pays half. payment of . the horn. premises of the ment money ? An plaintiff, ox that steps with his foot on a child lying on the is the law in regard to the payment of atone being is considered always vicious. One who what A human carries a stone in his lap without being aware of it, and while getting up from his seat drops it, as regards damages he is liable. One who drops a vessel from the top of a roof upon the ground which has been covered with SYNOPSIS OF SUBJECTS. xi and if another person remove them before the dropping of the what is the law ? Is a slave considered one s body, and an ox pillows, vessel, etc., one s property 47~$6 ? CHAPTER III. V. If one place a jug on public ground and another /. TO One who kicks an it and break it, what is the law ? over stumble person with the foot, five with the fist, other with his knee is fined three selas what is the fine if one strike his neighbor with the handle or the thirteen A jug that broke on public ground and its contents caused iron of the hoe ? g person to slip and fall, or one to be injured by its fragments, what is the law ? About one who renounces ownership to his articles that cause damage. One who empties water into public ground, or one who builds MlSHNAS ; ; ; his fence of thorns ; or a fence that falls into public ground, and some men used to persons were injured thereby, he is liable. The former pious bury their thorns and broken glass in their fields three spans below the surface. All those therein and cause who obstruct a public thoroughfare by placing chattels are liable. If one carrying a barrel followed one damage is the law ? carrying a beam, and the barrel was broken by the beam, what Potters and glaziers that walked one following the other, and one stumbled and fell, etc. If they all fell because of the first one, the first is liable for the damage of all MISHNAS of them, TO XIII. 57-^9 Two walked on public ground, one running and the other one walking, etc., what is the law ? One who chopped wood on public ground and caused damage on private ground, etc. One who enters a carpenter s shop without permission, and was struck on his face by About employees who came to demand their wages from a flying splinter. About two their employer and were gored by his ox or bitten by his dog. VI. non-vicious oxen that that wounded each other. About a difference in the explanation of the verse Exod. xxi. 35. non-vicious ox that has done damage and was sold, consecrated, slaughtered, About an ox of the value of two hundred selas to somebody. or The presented that gored another ox of equal value and the carcass was of no value what There are cases when one is liable for the acts of his ox and is free if ever. How so ? The rule is that the his own acts, and vice versa. are they burden of proof is upon the plaintiff. If one claims that he is positive, while the other one is not positive, what is the law CHAPTER MISHNAS /. TO IV. An ox that 69-81 ? IV. gores four or five oxen one after another, the last of them must be paid from the body of the goring ox, if he was yet considered non-vicious. About an ox that is vicious towards his own species, but not towards other species, or towards human beings, etc. There is a case where an ox became vicious " in alternate order." About an ox SYNOPSIS OF SUBJECTS. xii belonging to an Israelite that gored an ox belonging to the sanctuary (see foot An ox of a sound person that gored an ox belonging to a deaf-mute, note). If the reverse was the case there is idiot, or minor, there is a liability. none. There is a difference of opinion of the Tanaim as to whether a guardian is appointed in order to collect from the body of the ox. Guardians pay from the best estates, but do not pay the atonement money. About one who borrows an ox with the understanding that he was non-vicious and it was found out that he was vicious, 82-93 MISHNAS V. TO IX. An ox that killed a man by goring him, if he was a vicious one, the atonement money is to be paid, but not when he was a How can there be found a vicious ox in regard to man ? non-vicious one. If one confers, saying, he My ox has killed a certain person," or his has to pay on his own testimony. If one s fire has done damage without About an ox that was rubbing against intention, is there a liability or not ? a wall, whereby the wall fell upon a human being and killed him. About an ox belonging to a woman, to orphans, or their guardian, etc., that killed a man. About an ox that was sentenced to be put to death and his owner consecrated him. About an ox delivered to a gratuitous bailee or a borrower, etc. About an ox which was properly locked up, but yet broke out and did damage. Whence is it deduced that one must not raise a noxious dog in his house, nor maintain a defective ladder 93-105 " " ox," ?..... CHAPTER MISHNAS TO /. was found dead appraised. who law led ? A at VI. V. About an ox that gored a cow and the new-born calf The cow and her offspring are not separately her side. potter that placed his pottery in the court of another, or one his ox into the court of another without permission, what is the he assured the safety of the ox, did it only extend to himself or When ? About a woman that entered a house to bake, and the house-owner s goat, having consumed the dough, became feverish and died. About one who enters a court without permission and injures the courtowner, or the latter is injured through him. About one who said: "Lead in your ox and take care of him," and he did damage or was injured. About an ox which intended to gore another ox, and injured a woman and caused To whom must the compensation for the miscarriage be her to miscarry. Does the increase in the valuation paid, to the woman or to her husband ? About an Israelite s pledge which is in the also belong to the husband ? hands of a proselyte, and the latter dies without heirs. About one who digs a pit on private ground and opens it into public ground, or vice versa. One who digs and opens a well and delivers it over to the community is free. About one who digs a pit on public ground and an ox or an ass falls into it. Are the vapors therein contained, or is the shock received by the animal, th^ also to all cattle cause of death when falling into a MISHNAS VII. pit TO IX. When a ? pit . belongs . to . . . 106-120 two partners, and one of them passes by and does not cover it, and so also does the second, the latter About a pit which was ten spans deep and which was comonly is liable. SYNOPSIS OF SUBJECTS. xiii pleted by another one to be twenty, and still by another one to be thirty spans deep. Each span of water equals two of dry ground. If one dig a direction only, what is pit ten spans deep and another widen it toward one One who sells his house, the title passes with the delivery of the the law ? If he sells a flock of cattle, title passes with the delivery of the Mashkeys. khukhith (the forerunning goat kept at the head of the flock as a leader). If he covered the pit sufficiently to withstand oxen but not camels, and camels came along and made the cover shaky and then oxen fell therein, what is the law ? What about the germon of damage ? About one who over places a stone on the edge of the opening of a pit, and an ox stumbles About an ox and a man who together push the stone and falls into the pit. some other into a pit. There is no difference between an ox and another animal as regards falling into a pit, to have been kept distant from Mount payment of double, restitution of lost property, unloading, muzzling, Nor is there any difference between the above-men Kilayim, and Sabbath. tioned and a beast or bird. Why in the first commandments is it not writ ten "that it may be well with thee," while in the second commandments Sinai, it is ? 120-130 . CHAPTER VI. one drive his sheep into a sheep-cot and properly manage to come out and do damage, he is free. There are four things for which one who does them cannot be held respon sible before an earthly tribunal, although he will be punished for them by Is armed robbery, when not committed publicly, still the Divine court. considered theft as regards the payment of double ? For frightening away How a lion from one s neighbor s field the law awards no compensation. does it pay what it damaged ? About one who came before the Exilarch and complained of another who destroyed one of his trees. One who de must he pay ? There was stroys a young date-tree, what amount of damage but in his lectures, a case, and Rabh acted in accordance with R. Meir however, he declared that the Halakha prevails in accordance with R. Sim eon b. Gamaliel (see foot-note). About one who puts up a stack of grain on another s land without permission. One who started a fire through the MlSHNAS /. TO bolt the gate, but ///. still If they ; ....... medium of a MISHNAS deaf-mute, etc., IV. TO VIII. The law about one sumes wood, stones, or earth. 131-142 who starts a fire and it con No chastisements come upon the world un in existence. When pestilence is raging in town, does the verse begin with the damage by one s Why property and end with damage done by one s person ? About a fire that passed over a fence four ells high. If one starts a fire on his own premises, how far must it pass to make the starter liable ? About one who causes his less there are wicked ones stay indoors, etc. neighbor s stack of grain to burn down, and there are vessels therein which If one allowed another to place a stack of wheat and he also are burned. covered it with barley, or versa, what is the law ? Is it customary with people to keep pearls in a money-pouch ? The law about a spark that 142-148 escapes from under a blacksmith s hammer and does damage, ^>^ce . SYNOPSIS OF SUBJECTS. xiv CHAPTER MlSHNA 7. VII. The payment of double is more rigorous than the payment The law about one who stole a lamb, and while in his of four and five fold. possession it grew into a ram, etc. That a change acquires title is both written and taught. Why did the Scripture say that if he slaughtered and sold it he must pay four and five fold ? stolen thing, which the owners A have not resigned hope to regain, cannot be consecrated, etc. The pious man All used to place money in the vineyard on a Sabbatical year, declaring that is plucked and gathered of this fruit shall be redeemed by this money." A writ of replevin which does not contain the following directions Inves " : " : tigate, take possession, and retain it for yourself," is invalid, MlSHNAS II. TO VI. About two witnesses who testify that the . 149-159 one stole an ox or a sheep, and either the same or other witnesses testify that he slaughtered or sold the same. If he stole from his father. From what time on is a collusive witness disqualified to give testimony? If two witnesses testify that a certain person blinded his slave s eye, and thereafter knocked out one of his teeth, and they also testify that the owner of the slave admit ted it, and subsequently the witnesses are found collusive, what must the If two witnesses testify that he stole it, and one collusive witnesses pay ? witness, or he himself, testified that he slaughtered or sold it, he pays only One who admits that he has incurred the two, but not four and five fold. About liability of a fine, and thereafter witnesses appear, what is the law ? a confession which is made after the appearance of witnesses, and the dif If the thief sells all but one hundredth part ferent opinions in regard to it. of it or he is a co-owner of it, what is the law ? One who steals an animal which is lame or blind, or which belongs to a copartnership is liable, but About one who steals an animal partners that steal together are free. within the premises of the owner and slaughters or sells it outside of it, or Why vice versa. did the Scripture treat more rigorously with the thief ? Ponder over the greatness of labor, etc., 159-174 than with the robber MISHNA forests. A VII. No . tender cattle must be raised in Palestine but in shepherd (who raises tender compel him to sell out all his cattle) that cattle at once. No its repented, we do not tender beasts shall be A ha b. Papa said R. raised in Palestine, except dogs, cats, and monkeys. in the name of R. Hanina b. Papa three things. Upon ten conditions did Joshua divide the land among the settlers. The ten enactments of Ezra. No swine is permitted to be raised at any place. Rabbi, the Prince of Pales tine, objected to the use of the Syriac language, and insisted that only the Holy and the Greek languages should be used in Palestine. R. Jose objected to the use of the Aramean language in Babylon, and insisted that the Holy and the Persian languages should be used. No dogs shall be kept unless on a chain. In the towns adjoining the frontier they must be kept on a ........ chain only in the day time, CHAPTER MlSHNAS time, /. AND and disgrace. //. The How so VIII. four items of ? It 174-181 damage : pain, healing, loss of happened that an ox lacerated the arm SYNOPSIS OF SUBJECTS. xv of a child, and the case came before Rabha, etc. When the damage is paid If pus col for, how should the pain be appraised separately ? Healing. lected by reason of the wound, and the wound broke out again, etc. The sages say that healing and loss of time go together. If the defendant should will cure you myself, the plaintiff may object," etc. Shall we assume say, that the appraisement for the deafness is sufficient, or each of the injuries "I must be appraised separately? makes him temporarily unfit (See foot-note.) If one strikes another and what is the law ? Disgrace all those to labor, who sustain injury are looked upon as if they were independent men, etc. One who causes disgrace to a nude, blind, or sleeping person is liable. If one causes shame to a sleeping person who subsequently dies while asleep, what is the law ? Is the reason because of the hurting of his own feelings, Is a blind person required to or because of the feelings of his family ? per form all the commandments ? and what R. Joseph, who was blind, said of that, 182-193 The law is more rigorous in regard to a man than One who assaults his father or mother, but does not in regard to an ox, etc. bruise them, and one who wounds another on the Day of Atonement, are To whom belongs the compensation liable to pay all the items of damage. received by one s minor daughter for a wound ? About an investment for brother a minor and the nature thereof. Is a slave considered a The Halakha prevails that the benefit in case of a woman who sells her right in MISHNAS ///. TO V. " "? the marriage contract belongs to herself ; and if she bought estates therewith, her husband has nothing even in their income. If one blow into the ear of another, he pays one sela for the disgrace he caused him. What if one strikes another with the palm or with the back of his hand on the cheek ? This is tion. killed the rule : Rank and station of the parties are taken into considera May a witness be a judge in the same case ? A non-vicious ox that a man and also caused damage to another, must his owner pay for the damage, besides the payment of the atonement money ? All that was said concerning disgrace is only for the civil court, as to how much the to the plaintiff should receive, but there can be no satisfaction for the injury which, if he would even offer all the best rams of the world, The not would atone, unless he prays the plaintiff for forgiveness. they If origin of a series of sayings by the rabbis as well as by ordinary people. one says to another, "Break my pitcher," etc. A money-pouch containing charity funds was sent to Pumbeditha, and R. Joseph deposited it with a cer tain man who did not take good care of it and it was stolen from him, and R. Joseph held him responsible. What Abayi said to him about it, 193-210 feelings, for SYNOPSIS OF SUBJECTS OF TRACT BABA KAMA (THE FIRST GATE).* CHAPTER MlSHNAS /. TO ///. If IX. a change on the face of an article gives title to the possessor and if it is biblically ? Would all the above-mentioned Tanaim trouble themselves to teach us a Halakha of the Beth Shammai ? Robbers if they make a restitution of their own accord, it should not be accepted, etc. There are three cases in which the increase is appraised and I and the the payment is with money. King Sabura are brothers in regard and usurers, Did not I tell you, You shall not change (See foot-note.) R. Joseph bar Hama used to compel slaves of his debtors to labor What were the coins of Jerusalem and what were the coins of for him, etc. Abraham the patriarch ? Labor which cannot be recognized on the body to court cases. names ? of the animal as damaging, the civil court cannot germon considered a direct pecuniary goring ox spoiled in its A it. stones or bricks. feasor, and is absence builder A loss If a specialist ? who undertook May ? make him liable for. Is a the court decide a case of a took a thing to repair it and he and he broke the to take apart a wall, butcher specialist, if also considered wilful, etc. he has spoiled the meat he Why so many reasons ? is a tort- "I think Rabh did two good things regarding He prevented you from using a doubtful thing, and also restrained you you. from possible robbery." There was a woman who showed a coin to R. Hyya, your brain is not " in order." regular to R. Elazar, and he told him it was a good 211-228 upon you," etc., MlSHNAS IV. TO VII. If one gave wool to the dyer, and it was spoiled. To be dyed red, and it is dyed black, or conversely. To make a chair of it, and he has made a bench. Is the color of the dyes to be considered as exist ing upon the wool or not ? In one tract is the order of the Mishna not to be taken in consideration, but in two different tracts it must be considered ? The whole of Section Damages is considered as one tract. If one has given money If one buys a field in to his messenger to buy wheat, and he buys barley. Resh Lakish showed a dinar etc. one. the He name said then : "See, of his neighbor. I rely Kahana . paid money . for flax. * Continuation of previous volume. . In the . mean time SYNOPSIS OF SUBJECTS. v became dearer and the seller sold it (for Kahana s benefit). One who has stolen the value of a coin swears falsely and afterwards confesses. The same is the case in a deposit. If one has robbed one of five persons, and he does not know which of them. It happened with one pious man who bought of one of two persons, and he did not know from which of them. A messenger must not be made in his absence. It happened with R. Abba, who was the creditor of R. Joseph bar Hama, and the former asked R. Safra to My master, do you mean to deduce from this Scripture that it bring, etc. the flax " common " If one has robbed two bunches and had returned one of them, how is the law ? He who denies a deposit is considered as a robber. As soon as the owner has taken an oath, he has not to pay. One who claims "stolen" on a The three deposit, or of a lost article he has found, must pay double, etc. oaths first, that I have done all my duty in taking care of it second, that and third, that it is not under my control. If a I did not make use of it gratuitous bailee swore it was stolen, and, nevertheless, he paid and then the thief was found. Where is my bailment ? Lost Do you swear by God ? Amen. Witnesses testified that he himself had stolen it. If one robbed his father and swore falsely, and after his death he confessed. I swear you shall have not any benefit from my estate." If one robbed a proselyte and swore, and afterwards the proselyte died. The priests who receive the robbery of the proselyte, are they considered heirs, or only receivers of a dona must be paid, or you say of the value of a parutha is it ? ; ; : ! " tion 228-250 ? CHAPTER MlSHNAS TO know /. one VI. If left X. money made by usury for his heirs, although they they are not obliged to return it. The brother-inlaw of R. Jeremiah, who was a minor, shut the door in his face, etc. The testimony of witnesses can be taken even in the absence of the parties. May of it, a document be approved even not in the presence of the party, or it must not ? It is an obligation on the court to give notice to the defendant that his property will be sold. A messenger of the court should be trusted as etc. One must not be summoned by the court on the eve of Money must not be changed from the treasury of duties, etc. Why contractors of duty are counted among murderers. R. Ashi happened two witnesses, a Sabbath. on the road, and saw a vineyard in which some grapes were ripe, etc. contractor of the government has the right to pledge a fellow-citizen for the duty of another citizen of the same city, etc. If the contractors returned him instead of his ass another one, etc. If one saved an estate from the to be A Are a woman and a minor qualified to be It happened that my mother and I were prisoners among the heathens, and I did not turn away my eyes from my stream or from robbers, witnesses mother, ? A child was etc. telling : ........... 250-262 one recognizes his utensils or books by another. If a thief has sold out his stolen articles, and later it was recognized that he is the thief. If the thief was a notorious one. If one destroys his own goods for the sake of saving the goods of his neighbors. The redemption money of a caravan in a desert is to be charged proportionately to the amount each of etc., MlSHNAS IV. TO VI. If SYNOPSIS OF SUBJECTS. vi them possesses, etc. If a robbed field was taken away by land robbers. There was a man who showed to the contractor a heap of wheat belonging to the Exilarch. There was a man by whom a silver goblet was deposited, he presented it when he was attacked by robbers, 262-270 . MISHNAS VII. TO XII, If . . a stream has overflowed the robbed field. If have robbed you, and I don t know if I have returned it to you. One must not buy from the shepherds kids of goats, etc. And not fruits from the watchman. One who robs his neighbor, even the value of a parutha, is considered as if he would take away his life. One shall not buy from the carder flocks, because they are not his property. What about the splinters which fall out by the carpenter ? 270-277 one says, I SYNOPSIS OF SUBJECTS OF TRACT BABA METZIA (MIDDLE GATE). CHAPTER MlSHNA 7. Two that he has found it. persons A who hold a garment, and each of them claims biblical oath sion in part from the defendant. I. is If the given only when there is an admis plaintiff claims a hundred and the defendant says only fifty, and here they are. If one claims a hundred, and the other denies all, and there are witnesses for fifty, what shall the oath contain ? When one of the two holders overcame the other and took it away, what is the law ? There was a bath-house about which two parties quar relledone of them arose and consecrated it. When two hold a note, the lender claims the note is not yet paid, and the borrower says the note is Where is "the theory of because" to be used? The law is that paid. leading gives title. If one was found riding upon a found ass, and another was holding the bridle, 1-17 MISHNAS II. TO VI. If one sees an article on the road, and says to his neighbor, bring it to me. If one picks up an article for another, the latter does not acquire title. Why so ? If one has seen an article, and he fell upon If one has seen it. people running after a lame stag on his field. It hap which I am going to measure should be delivered to Joshuah." When one throws a purse of money through the open door. When a thing was found by one s minor son or daughter, or his Jewish man or maid servant, or his wife. When one has found a note which secures real estate. If Reuben sold a field to Simeon with security, and the creditor of Reuben came and took it away. Encumbered property is pened that R.Gamaliel said: "The tithe the benefit of humanity. How one buys an estate, knowing that the seller is not the real owner of it. If the robber after he has sold it bought it from the real owner. If one says that the estate which I am about buy now shall be transferred to you at the same time that I acquire title to it. When I was about six or seven years old, my father was the scribes of Mar not liable either for the used a bill of sale must be written. fruits, etc., for If among Samuel s court. If one claims a hundred zuz, and the other denies after wards he says, I have paid it. If one finds documents of divorce, of enfran; SYNOPSIS OF SUBJECTS. vi chisement of a slave, of presents, What etc. is to be considered a will ? documents signed by the court, documents of a claim, etc. What is meant by claiming documents ? What is called a roll ? When three borrowed from one, i?-43 etc., CHAPTER II. MlSHNAS /. TO VI. There are found articles which belong to the finder without any proclamation. If there is a change in the found article which usually ought not to be. The renouncing of hope in regaining a lost article whose Mar Zutra, and R. Ashi hap and the gardener placed before concerning a lost article is this. loss is not yet certain. Amaimar, in the garden of Mari bar Issak, pened to be them dates and pomegranates. The rule Whether a number is considered a distinguishing mark or not ? The reason If one sages decided that the place is not to be considered a mark. The following articles he must finds a purse in the market, how is the law ? If (See foot-note, p. 55.) proclaim. Three coins one upon the other, etc. why the one found, under a wooden wall, pigeons tied one to the other. If he found If one has If one found anything in a heap of rubbish. a covered vessel. seen money dropped on sand, and afterwards found and took it. If one found something in a store. If one found money in fruit sent to him, 44-59 . MlSHNAS lically or VI. rabbinically Ami happened one Until what time ? it labors for one found books. copper. It a goblet of is is to find a purse with dinars in identifies the article but not its a kind that If TO XIII. The returning according food. its And the article If marks. if marks given the found article of such a kind that was a garment. R. Ismael b. is he obliged to proclaim ? the presence of a Roman. If better to drink a goblet from the lukewarm water. to it is bib R. If of such does not labor. Vessels of silver and hand of a witch than to drink was on the road, and met Jose carrying a bundle of wood. What is to be considered a lost thing ? he returned it and it runs away again. What is to be deduced from the twofold expressions in many passages written in the Scripture ? The loss If of time must be appraised according to one s loss in his special trade. he has found the animal in a stable, in a public thoroughfare. The com mandment of the Scripture is for unloading, but not loading. How is this a man If If his If one lost a thing, as did his father before, etc. ? master were overloaded. They who occupy themselves See foot-note, with the study of Scripture are not to be blamed, etc. 59-80 p. 79. to be understood father and his CHAPTER MlSHNAS /. TO IV. A III. deposit stolen or lost, paid by the depository, of was found, to whom shall the double amount be etc. paid ? A gratuitous bailee, when he said, I have neglected my duty, There was lost a deposited nose-jewel, and R. Na hman made him pay by If in value, etc. force. Finally the article was found, and was increased an article was appraised for the sake of a creditor, and the latter appraised which thereafter the thief SYNOPSIS OF SUBJECTS. vii From what creditor, may the returning take place or not ? the creditor use the products of an appraised estate ? If one has It can happen that the hirer hired a cow and he loaned it to some one else. it own for his time may has a right to require several cows from the owner of one cow. How so ? A bailee who has transferred the bailment to another bailee, how is the law ? The Halakha prevails, that a bailee who has transferred the bailment another bailee of any kind is responsible. If doubtful money is to be col lected or not (illustrated in Mishna III.) ? Do you want to contradict a case robber must be punished. If there of deposit with a case of robbery ? to A was an uncertainty of both the plaintiff and the defendant, how is the law? one deposits fruit at his neighbor s ? If one becomes a prisoner, may his property be transferred to his nearest relatives or not ? The difference between forsaken, abandoned, and a prisoner s properties. The estate of a prisoner must not be transferred to a minor relative, and not the estate of a minor to any relative. There was an old woman who had three daughters; together with one of them she was taken to prison, and of the remaining two one died and left a child. A brother of Mari b. Isk came to him and demanded a share of the inheritance, and he said, I do not know you, If 81-97 MlSHNAS TO XL The quantity of usual losses one may count to de Losses of wine and oil depend upon the posited articles of grain and fruit ? kind of barrels in which placed. If a barrel is deposited for safe-keeping, and Peculiar the depository handled it, and it broke while yet under his hand. V. the stretching of hands which reads in regard to a bailee for hire, in con nection from the same expression in the Scripture which reads in regard is to a gratuitous bailee. If one depository tied it and carried safety with money, unless has deposited money for safe-keeping, and the on his shoulder, etc. Nothing is considered it hidden it is in the ground. It happened that one money with his neighbor, and he gave it to his mother for safe and it was stolen. Money deposited for safe-keeping with a money keeping, A depository who stretches his hand for the bailment. If one changer. deposited intends to use a bailment deposited in his control and says so, the follows immediately liability 97-109 CHAPTER IV. MlSHNAS /. TO V. If one bought gold and silver coins together and made a drawing on the gold ones, title is also given to the silver ones, but notvice Rabh borrowed dinars from the daughter of R. Hyya thereafter versa. One holds that the law of exchange applies to the dinars increased in value. a coin also, and another holds that it does not. If one were holding some Sell me your articles for the money I have coins in his hands and said If one said Sell me for this amount, in my hand, and the other agrees. title is acquired, and nevertheless the law of fraud applies. According to whom do we write in our legal papers, With an utensil which is fit to con ; : : firm with ? Biblically, needed money paid gives to title Abayi, he ; why, then, was it said that retracts ought to be noti who drawing is fied that he will be punished by Heaven, and according ? According to Rabha he shall SYNOPSIS OF SUBJECTS. viii It happened that one gave money for poppy, meanwhile the poppy increased in price. Tabuth or Samuel b. Zutra was such kind of a man that he would not change his word, even if all the goods of the world were delivered to him, and he told The above case of poppy happened to me. Cheating, which according to law makes the sale null and void, is in case where the sum of which he was cheated counts four silver dinars. Until what time the retraction may take place ? The law of fraud applies to the buyer as well as to the seller, to a private as well as to a merchant. There If one is doing is no cheating concerning a specialist who knows the value. be cursed. : business with his neighbor in trust. (See foot-note, p. 127). How much less of the quantity of a sala should be effaced, that the law of fraud could not be claimed sala, ............ ? The MISHNAS prescribed quantity for cheating is four silver dinars to each 110-132 TO X. There are five fifth parts which must be added to the principal amount. The things to which the law of cheating does not Does the law of cheating apply to a hire ? The laws of usury and apply. cheating apply only to commoners, not to the sanctuary. A gratuitous If one bought wheat and sowed it in the field, how bailee does not swear. If there was fraud to more than a sixth of the value, how is the is the law ? law ? As cheating is prohibited in buying or selling, so it is in words. Cheating in words is more rigorous than cheating in money. To what thing do the western people pay more attention ? One should always be careful with the honor of his wife. The noted legend of the oven of the Akhina. The law is not in the heavens. We do not care for a heavenly voice. Regard One must not ing cheating, there are three negative commandments. mix together from cles VI. from two separate fields. and place it in one storeroom. fruits five barns, which are to be sold is forbidden, A merchant may buy grain The embellishment of arti 132-144 SYNOPSIS OF SUBJECTS OF TRACT BABA METZIA (MIDDLE GATE). CHAPTER MISHNAS /. TO IV. What is V. considered usury, and what increase? Why does the Scripture mention separately a negative commandment regarding usury, robbery, and cheating? A small liquid measure one shall not fill up manner in a to make foam. Why is the redemption from Egypt mentioned Scripture in conjunction with usury, zizith, and weight ? Usurers are That thy brother may live with thee" (but equalled to shedders of blood. in the " of thyself is preferred to, etc.). One must i.e., before the market prices are announced. The many be done in a sale, but not in a loan, as they may appear shall not die with thee, not fix a price on the life fruit things which may usurious. The rule of usury in transactions is: If one sells the article cheaper because it is not yet in his possession, etc. If one has returned robbed money with an account of other to give, he has done his duty. A house for nothing," or even for de How so ? One is increased, but not sale. of an article when the money is to be paid If for cash, you (provided he does not say are cases in which the use of the fruit is per money he had lender must not dwell in his debtor Hiring may be allowed to increase the price at a certain time after delivery creased rent. will have it cheaper"). There s " " : mitted to both, prohibited to both, permitted to the seller only. Stipulations which may or may not be made in selling real estate. What is to be con Does an asmakhta (for definition see p. 160) give title or There was a man who sold an estate with the security of his very best Is usufruct considered direct or in estates, finally they were overflooded. direct usury? In places where it is the usage for the lender to use the fruit from a pledged estate without any deduction of the debt, and the borrower sidered gossip. not? has a right to return the money at any time, then is the law, etc. A scholar, however, must not do even this. From pledged estates a creditor of the lender has no right to collect in case he dies. Also a first-born of the lender cannot claim the double amount prescribed to him biblically. If the bor rower say to the lender: Stop using the fruit, etc. The different customs in pledging real estate at Papuna, Mehusa, Narsha. Why a pledge is called mashkhantha 145-166 SYNOPSIS OF SUBJECTS. x MlSHNAS V. TO XL The law about giving money or articles for half The proper payment for raising cattle-. Why R. Papa decided dif R. H;tma ferently in the cases of the Samaritans who appeared before him. profit. used to rent zuzes daily for the smallest coin for each zuz and he lost his money. All animals which are laboring for their food may be appraised, that the increase shall be divided equally. One may say to a farmer: I shall give you twelve kur of grain instead of the ten you demand, if you will lend me some money to manure your field. One may rent a boat on the break he shall be responsible. One may say I it should die, etc. May money belonging to orphans be lent for usury or not ? One who lends money for a business which is very likely to bring profit with little chance of loss is wicked for one which is likely to bring loss and far from profit, is pious, etc. An iron sheep must not be accepted from an Israelite, etc. (for explan condition that should cow take your it : for the price of thirty dinars in case ; ation see Mishna VII.}. An Israelite to non-Israelites for usury, etc. The meaning The of verse 24, Ex. xxii. may lend to his race money belonging interpretation of verse 8, Prov. xxviii. He who takes usury will lose all his What is to be done with the usury promised by or to a heathen, been proselyted. A note in which usury is mentioned the lender must not be allowed to collect even the principal, which he must forfeit as a fine. Articles for delivery during the year must not be bought for a certain If one travelled with stock from one price before the market price is fixed. place to another, and while on the road his neighbor asked him to sell to him at the price of the place he intends to go to, etc. What Samuel ordered the grain dealers, who used to advance money for grain to the farmers, to do. Also the order of Rabha to the watchmen. Are the rabbis consuming usury by paying in Tishri for the wine they will choose in Teveth when possessions. after he has " " already in good condition? I call your attention, master, to the rabbis, head-tax charges for those who cannot pay them, etc. Seuram used If one of a to compel doubtful characters to carry the palanquin of Rabha. company of three partners has given money to a messenger to buy some it is who pay If thing, it is to be considered as for the company, and not as for himself. the grain was to be finished with two kinds of labor only, one may fix the There was a man who price, but not if he require three kinds of labor. paid a stipulated amount for an outfit to be delivered at the house of his meantime the value of the equipment was reduced, etc. One may lend his gardeners wheat to be returned in the harvest-time the same measure, etc. (for meaning see p. 184). Hillel (the First) says: A woman must not lend a loaf of bread to her neighbor unless a price is stipulated for it, for fear wheat may become dearer, and then the return of the loaf (of the same quality) will appear usurious. The Haladaughter s father-in-law, in the One may say to his neighbor Help me kha, however, does not so prevail. in weeding or digging to-day and I will help you on some other day, etc. There is a kind of usury which may be called preceding usury, and another : kind which may be named succeeding usury. How so? If one owes his neighbor money and it was not customary for him to greet him first, before the loan, he must not do so after the loan took place. If one is aware that his debtor has nothing with which to pay he must not pass him by. There are three who cry for help and are not heard 166-187 .... SYNOPSIS OF SUBJECTS. CHAPTER xi VI. He who hired day laborers and they deceived one another, there is nothing but resentment, etc. (seep. 189). Whoever changes The rabbis his words or retracts them has to suffer for the injury caused. MISHNAS 7. TO IV. hold that the laborers have always the preference. Said Rabh that the employer has the preference. R. Dossa, however, holds : The Halakha prevails in accordance with R. Dossa. Did Rabh indeed say so? If one sold a field for a thousand zuz, and the buyer gave him a deposit of two hundred, and As to whether a deposit gives title or not Tanaim the seller retracts, etc. How a Bill of Sale must be written differ in their opinions in pages 193-4. used R. Simeon to according b. G. Payment in installments is valid, though it If one hired an ass for use on a mountain, and he so stipulated. in a valley, or vice versa, although the distance for which it was was not it an accident. (in both ways), the hirer is responsible for If one has hired an ass responsible for an angaria ? (See p. 195.) for the purpose of riding, and it dies while in the middle of the way, etc. If one hires a boat If one hires a boat and it sinks in the middle of the way. was equal hired Who is for a certain place, If only. and has unloaded it while in the middle of the way. not be placed upon the ass which was hired for ridingone hires an ass to be ridden by a male, the same must not be What may or may ridden by a female. If one hires a he plough in a valley, etc. How is cow for ploughing on the mountain and the plough-handle breaks, and there has been no change in the agreement, etc.? If one hired an ass to carrywheat and he used it for barley. Which quantity of overloading makes one responsible to the it if bearing on shoulders, to a to a ship skiff, to a larger boat, and 187-201 MISHNAS V. TO VI. All specialists are considered bailees for hire. One out a pledge of a poor man and deduct the amount earned from his indebtedness. If one hires a cow, how shall he pay in case it is lost ? (See If one bought utensils from a specialist to send to the p. 202 for meaning). may let house of one s father-in-law, etc. There was a man who sold wine to his neighbor, and the buyer said: I shall carry it to such a place, etc. Guard for me this article and I will guard yours to-morrow; or, I will lend you, or The two All are considered bailees for hire, one to the other. vice versa. cases in which R. Papa and Rabha were embarrassed for their decisions and were correct. If a depositary said he has no responsibility whatever, but how is the law you," Leave it "anonymously ? On a pledge he is considered a bailee if he said If one carries a barrel from one place to another and breaks it, he for hire. finally it was found Leave it here " that their decisions : for " : must swear that there was no neglect, etc. R. Eliezer was wondering how such a decision could hold good. What shall he swear ? I swear that I broke it unintentionally. There were carriers who broke a barrel of wine belonging to Rabba b. b. Hana, while in his service, and Rabh commanded Rabba to return their meaning garments and pay them of the verse, Prov. ii. CHAPTER MISHNA later than is 7. One cannot compel customary for their labor, for this is the 201-208 20 his at that place, VII. employees to come earlier or depart It hapit was agreed upon. although SYNOPSIS OF SUBJECTS. xii pened with R. Johanan b. Mathea, who said to his son Go and hire laborers Resh Lakish s advice to laborers in general. The legend, how for us, etc. R. Eliezer b. R. Simeon was appointed by the government to capture thieves. He who would like to see a beauty similar to that of R. Johanan shall take a silver goblet just out of the worker s, etc. The legend of R. Johanan with Resh Lakish, and how the latter married the sister of the former, and how the death of both Johanan and Resh LaKish occurred. The continuation of the legend about R. Eliezer, how he accepted chastisements upon himself, how he was kept unburied, in his attic, many years how finally he was what his wife answered Rabbi (the prince) when he asked her to burie r marry him how Rabbi has also accepted chastisements, etc., etc. (wonderful legends from 211-219). He who is a scholar himself and his son and grand son are also, the Torah does not depart from their children for everlasting, R. Zera, when he ascended to Palestine, fasted one hundred days in etc. order to forget the Gemara of the Babylonians, etc. Resh Lakish used to mark the caves of the rabbis. R. Zera s dream. Elijah (the Prophet) fre quently appeared in the college of Rabbi. (See the whole legend, pp. 222The Hagadah about Abraham with the Angels the names of those 224.) Angels. Why did the Lord change Sarah s words when telling them to Abraham ? Until the time of Abraham there was no mark of old age until the time of Jacob there was no sickness; until the time of Elisha there was no one who became cured from sickness. 208-229 MlSHNAS //. TO IX. Who are the laborers who have a right, according to the law of Scripture, to partake of the fruits of their labors ? Whence is all this deduced ? The particular law about muzzling an ox while laboring. How is the law if the animal is sick and the consuming of grain injures it ? May it be muzzled ? When Gentiles steal bulls and castrate them, and return them to their owners, may the Israelites use them or not? (See If one has "muzzled" a cow only with his voice, or if footnote, p. 235.) one leads two kinds of animals with his voice only, is he guilty or not ? R. Papa and also R. Ashi told in their colleges what they were questioned and decided not in accordance with the existing laws and the reasons. Why : ; l ; ; ; ; ..... the labor of a which he consume workingman entitles him to consume the fruit of that with If one is occupied with pressing dates, he must not laboring. and vice versa. A laborer must not consume more than grapes, is wages, etc. Does the Scripture add to his wage the consuming of the with which he is engaged ? Or is it a part of his wage ? A laborer has the right to make a stipulation that he shall not eat what he is entitled his fruit and take money for it instead. Watchmen of fruits are permitted to eat, according to the custom of the country, etc. The following laborers have a right to partake according to the law of Scripture, etc. There are four kinds A gratuitous bailee, a borrower, a bailee for hire, and a hirer. of bailees to : For what must a hirer pay loss bailee for hire Abu ? ? What is errant robber, took them away. Although case, R. Na hman held him responsible, etc. the flock A is is an accident, but not tous bailee has the right to A Abu proved A who was an that this single wolf s was the coming among robbery is considered an accident. caused by cruelty. A gratui make a stipulation that in case of loss he shall be not considered an accident. natural death the extent of the duty of the placed flocks at Rumnia, and Shabu, if it is SYNOPSIS OF SUBJECTS. xiii A freed from taking an oath. stipulation made contrary to that which is written in the Scripture is of no avail. A bailee for hire may stipulate that he shall be equal to a borrower. But how shall a stipulation of this kind be made verbally, only 230-248 ? CHAPTER MISHNAS TO IV. VIII. one borrows a cow, and at the same time hires or borrows its owner, etc. There are four kinds of bailees, etc. Whence do we deduce all this ? How do we know that he is responsible in case of con fiscation also ? There is no responsibility when the owner works together with the borrowed article. (Expl., see 252.) If one tells his messenger that 7. If he shall substitute him how is the law another s slave neighbor, together with his cow, or dies while laboring ? If one borrows the law ? What should a husband who in service to his cow breaks and cow, how is the if a borrower or a hirer ? If the body of the animal becomes lean because of the labor, how is the law ? Maraimar b. Hanina hired mules from Huzai, and the former overworked them, and they died, etc. If one borrowed a cow for half a day and for the other half a day he hires it, etc. If one has borrowed a cow, and the owner uses the estate of his wife be considered him by messenger, or even by the same persons If one borrows a hatchet ? if he has done some work with it, he acquires title to it for the time bor rowed. Is the law concerning an ordinary man equal to that of the sanc If If one exchanges an ass for a cow, and it brought forth young. tuary ? one possesses two male slaves or two fields, one large and one small, and I the buyer claims bought the large one, etc. 249-264 MISHNAS V. TO IX. If one sold out his olive trees for fuel, and there were still bad olives on them. Olive trees which were overflooded, taken out and sends it to his son, slave, or of the borrower, and it dies while on the road ; .... : one has planted trees in a field belonging owner. If one has rebuilt a ruin of one s neighbor without his consent. If one rents a house (without appoint ing the time) in the rain season, etc. All the terms are fixed only for giving This notice is to be given by the owner of the house as well as by notice. the tenant. The owner of the house is obliged to give to the tenant a door bolt, a lock, etc. However, things which can be done by any one the tenant has to furnish himself. Whose duty is it to furnish a mezuzah ? The ma nure belongs to the owner, etc. If the year was made a leap year the tenant reaps the benefit of the intercalation. However, if he rented him the house monthly, the intercalation belongs to the owner. In an agreement, which is to be considered, the first expression, or the last ? If the renter says I have paid; and the owner claims: I have notreceived it, who of them must bring evidence? If one has rented out a house for ten years, and has signed the lease without a date, etc. If a man rents out a house and it falls, etc. 264-272 planted in another s field, etc. If to another without the consent of the : . CHAPTER MISHNAS /. TO IV. One who . IX. hires a field must do as it is customary in that country, etc. If the stipulation was made on wine, etc. They must also prepare together the sticks needed for the vineyard for the next year. In Babylon there is a custom that the gardener is not given any straw. If SYNOPSIS OF SUBJECTS. xiv was a dry group of trees, and thereafter him Rent to me this dry If one has undertaken to work up a field and he has neglected to field, etc. do so. Mair, Jehudah, Hillel, Jehoshua, and Jose, these considered the language of the common people legal (although it was not in accordance with the enactment of the sages). If one lends money to some one, he has no right to pledge him through the court for more than he owes him. Rabina used to double the amount in the marriage contract, etc. There was one who undertook to work up a field, and he said Should I neglect, I will give you one thousand zuz, etc. There was a man who undertook a field for poppy, sowing with wheat, and finally the wheat was worth more than poppy. If one has given articles for business without any stipulation, and took from him two notes, etc. If the gardener did not want to weed the field, saying I will give you your due, he must not be listened to. 273-279 MISHNAS V. TO IX. If one took a field in partnership and it was not pro If one hires a field and the locusts destroyed it, or it was burned. ductive. If that year was a year of destruction or a year without rain, etc. If this happened once, he has to sow it the second time, etc. If one hires a field There was a for ten kur wheat per annum, and the products are poor. man who hired a vineyard for ten barrels of wine, and thereafter the wine became sour. If one takes a field for sowing barley, he must not sow wheat in it, etc. The explanation of Deut. xxviii. 3-6. Thirteen advan tages can be gained by taking the early morning meal, viz., etc. Get up early in the morning and eat, in the summer, because of the heat and in the one hires a field and it the spring ceases to flow, etc. If place, or a the hirer told : : : . ; winter, because of the cold ? The advices given by R. Jehudah to the land- surveyor about measuring land, trenches, and the space for anchoring. Correct thyself first, and then others. All the inhabitants of the city must If one contribute to the repairing of the wall of the city if it is destroyed. takes possession of a dock, he is a rascal. If one takes possession of a field which was placed between two brothers or partners, it is considered a To a presented estate the right of preemption does not piece of assurance. To a pledged estate, and if it is sold for taxes, or for the sup apply, etc. If one hires a field port of a widow, or for burial, this law does not apply. for a few years (less than seven), he must not sow flax in it. R. Papa hired fields for pasture, and some trees sprouted in them, etc. Because you are people, you speak frail words. Joseph had a planter who planted all his trees for half product, and he died and left five sons-inand he law, etc. The planter of Rabbina did damage and was discharged came to complain to Rabha, etc. There was a planter who said Give descendants of frail ; " : me what am improvements, as I want to go to Palestine." There was one who pledged his vineyard for ten years, and it became old in eight years. There was a note in which was written the year without a worked for the half," and the number, etc. If the gardener claims: I entitled to of the "I owner says for a third, who should be trusted ? If orphans claim " : We have made the improvements on this estate," and the creditor claims It was improved by your deceased father," for whom is it to bring evi dence ? 279-295 MISHNAS X. TO XIV. If one hires a field for the whole sabbatic season for seven hundred zuz, the sabbatic year is included. A day-laborer has to " : SYNOPSIS OF SUBJECTS. xv money the whole night after that day, etc. The transgression commandment comes and ceases with the first morning. One who The withholds wages transgresses the commandments of five verses, etc. the same clay you shall give his wage," and also the commandment: collect his of this "In There shall not abide until morning," applies to men, a proselyte who promised not to worship idols and not to commit adultery, but not to conform to other Jewish laws, the com mandment applies. One who withholds wages is considered as if he would " negative, cattle, and vessels. . . . To If the storekeeper or the money-changer failed to pay he return his claim to the owner or not ? Is piece-work subject If a creditor has to pledge his debtor, he may do so to that law or not? If things belonging to a debtor are to be sold out, only by court, etc. take out the soul. him, may has the court to consider which should be sold and which all to be sold out ? If one lends money to his neighbor, left to him, or he has no right is to commandments this mean ? If concerning [pledging] One who pledges a the pledge was returned and the borrower died, etc. nether and upper millstone transgresses a negative commandment and is There was a man who pledged a butcher knife from guilty for two articles. pledge him, which are is not obliged to return, transgresses his debtor, etc 7. the 295-307 CHAPTER MlSHNAS all what does in the Scripture TO VI. If X. one owns a house, the upper chamber of which belongs to another, and it falls. If the attic was ruined, and the owner of the house declined to repair it. When the tenant goes to dwell in the lower apartment, must the owner vacate it for the tenant, or should they dwell together ? Must the party doing the damage remove the cause of it, must the injured party remove the cause of the damage ? One is re damage done to his fellow by things which come directly from him (though it is the obligation of every one to keep aloof from damaging A house with an attic, belonging to two persons, which becomes things). ruined the owner of the upper chamber requires the rebuilding, and the owner of the house refuses, etc. The same is the case with an olive-press which was placed under a garden, etc. A wall or a tree which falls sud denly on a public thoroughfare and causes damage, etc. What time is The same is the case with a laborer fixed for such a case by the court ? who was told by his employer to take the articles with which he was engaged or sponsible for ; Whether looking gives title to an ownerless article or not, the One must not place his manure upon a public ground, un If a hewer less it is immediately taken away by those who want to use it. of stones has transferred them to the polisher, and they cause damage while for payment. Tanaim differ. When two gardens were control, the latter is responsible. herbs were one above the and some other, grown between them, the placed upper one may use that which he can reach with his hand, provided he does not exert himself to reach them. This was reported to the King Sabura. 307-316 under his SYNOPSIS OF SUBJECTS TRACT BABA BATHRA CHAPTER MlSHNAS /. TO ///. (LAST GATE). I. In case of dividing partnerships in a yard, of what the wall shall be built. where and overlooking another s property considered injurious ? Of what size the yard must be to be fit for division. May a prayerhouse be taken apart before the new building is ready ? The legend of Is Herod the great with Simeon b. Shatuh. How Herod built the Temple without the consent of the Roman government. Concerning partitions, fences in partners gardens, and valleys. May or may not one be compelled to join expenses offences if one s estate is surrounded by his neighbor s on in the If there is a wall, and one of the owners claims that his neigh ? bor did not bear his share of the expense. A debtor who says I paid my debt before due. If the plaintiff demanded his money long after due. He who claims, I have never borrowed," is to be considered as if he should have never paid." How and where is a parapet to be mad and of say, what size ? If there were two courtyards one upon the other there were two tenants, and the roof of the lower one sank there was one who built a three sides : " "I ; ; window of his neighbor, etc. Two brothers divided a bequest, a palace and a fine garden, and the latter built a wall on the edge of the garden. There was a note belonging to orphans, against which the other party showed a receipt, 1-16 wall against the . MISHNA The sharing building of a gate to a courtyard as well are obliged to pay taxes and duties of a city ? Rabbi opened his barns of grain in the years of famine, etc. How long must one dwell in a city to be taxed ? Charity must be collected by two persons and IV. as to a city wall. in the Who May one be pledged or not for charity ? Who of the poor must be investigated before support, and who supported immediately without inquiry ? What about one who begged from door to door ? The distributed by three. virtue of charity equals the sum of the virtues of all the other commandments I was told by the child who was corrected by his mother," etc. together. " The one who is doing charity secretly is greater than Moses our master. the verse, Prov. xxi. 21, to be understood ? Whosoever makes it his business to do charity will be blessed with sons having wisdom, wealth, etc. The discussion of Aqiba with Tarnusruphus. As the yearly household ex How is penses for one are appointed (in Heaven) on each Rosh Hashana, so are his SYNOPSIS OF SUBJECTS. viii which nears the redeeming, etc. How may the Rabban Johanan b. Zakkai questioned his disciples as to the meaning of the verse, Prov. xiv. 34, etc. Iphra Hurmiz, the mother of King Sabur, sent four hundred dinars for charity to R. Ammi, etc. If one bought a tract of land, however small, he is considered a citizen immedi Grace losses. is charity horn of Israel be raised ately, 16-32 Partners cannot compel each other to divide. This is the after division, each part retains its former name, then one can com MISHNA rule If, : ? V. A pel his partner to divide. yard must be divided in accordance with the doors, etc. The four ells which are allowed for each door are for unloading. If one of the inhabitants of an alley desires to open the door leading from yard to another alley. Inhabitants of alleys who desire to make doors to may be prevented by the public. Prophecy was taken away from the prophets and was given to the wise, to lunatics, and children (how this is to be understood). There was a man who bought an estate near to the estate of his father-in-law (who had no male children). The law, Either you concede or I concede," when is it applied ? The case of female slaves his the street " whom Huna Bible be to his sons. bequeathed bound together What must ? May or was placed in the ark, and how. The them ? Who was Job an Israelite or a Gentile exist, if more he existed at all ? may not the books of the the size of the holy scrolls be ? What order of the Prophets, and who wrote and at what time did he Satan was Job. The legends about Satan and Satan and Peninnah both intended (with etc. The explanation of the passages addressed out of the storm wind, etc., etc. Why was not Job doubly rewarded with daughters, as he was with sons and with all his property ? There are than Job himself, afflicted their accusations) to please three to come nated. whom the etc. Heaven, Holy One, blessed be He, gave a taste of the world to There are six whom the angel of death has not domi in this world. There are four who died without sin, CHAPTER MISHNAS and another /. s ? TO .... 32-54 II. How much space is to be left between one s property whom is it to remove himself from supposed injury, III. For him who would be injured ? One must remove a from herbs, garlic from onions, and mustard from Three spans space, and plastered with lime are both needed, or bees. does one of them suffice ? Is one allowed to void his urine near the wall of his neighbor ? Under what circumstances one mayor may not place an oven in a lower story of a house. Can one of the partners in a yard prevent his partner from establishing a store in it, or not ? At what age a child may be the supposed injurer or pond for steeping flax The enactment of Joshua b. Gamla concerning teaching of what circumstances the claim," You are cutting off my livelihood," I doubt whether an inhabitant of one alley can prevent one of applies? another alley from competing with him." The legend of R. Dimi s dry How much space is to be left from one wall to an opposite one, and figs. taken to school. children. In " ......... how much to a window, 55~^7 MISHNAS IV. TO XII. To what distance a ladder must be removed from one s neighbor s pigeon-coop. The distance between a pigeon-coop and the If a case which we should judge by a majority would be different if city. SYNOPSIS OF SUBJECTS. according to proximity, to the city left how is it when planting to be judged ? a fruit tree outside ix How much ; is space and how much to be to a wild and to a sycamore. How much to barns, to cemeteries, and The Shekhinah occupies every place. The world is like a balcony without the fourth wall, etc. On what side of the city a tannery may be placed. He who desires to increase his wisdom shall recite his prayers towards the south, etc. To a well a distance of twenty-five ells must be left when planting a tree, etc. One must not plant a tree near his neighbor s one, to a carob, to tanneries. A tree which bears fruit to the measure of a kab is forbidden to field, etc. be cut down. A tree which is within sixteen ells of the boundary of another s If the branches of a tree are inclined estate is considered robbery, etc. towards another s field, what is to be done ? The branches of a tree which overhang public ground may be cut off, so that a camel with its rider may 67-82 pass freely, CHAPTER MlSHNA /. The law of occupancy Whence is it deduced ? What time III. what it does and does not needed for it, and how a to is apply. protest Must the three years of hazakah be interrupted ? occupancy of houses ? The many cases of occupied houses which the owners claimed, brought before different rabbis of the Amoraim who decided differently. If one claims, It was from my parents," I and the other claims the same. There was one who said possessed a document but lost the true one, and this is a correct copy." There was another case similar concerning a hundred zuz in cash. It was murmured among people that Rabha b. Sharshum had appropriated land belonging to orphans, and Abayi sent for him. One snatched a piece of silver from his neighbor and the case was brought before R. Ami. There was a boat about which two parties quarrelled, each claiming that it was his. If each of the against Who it should be made. testifies as to the " " : "This estate belonged to my parents." If witnesses testify parties claim that the plaintiff has loaded a basket of fruit from this field on the shoulders : of the defendant, the hazakah is effected immediately. Is ploughing a haza If one has made a hazakah on the trees and another upon kah, or not ? the ground, has the owner of the trees a share in the ground ? 83-100 . MlSHNAS AND . There are three lands concerning the law of haza If one runs away from a city because of crime, and one occupies his kah. How should one protest ? Is a protest estate, the law of hazakah applies. not in one s presence to be considered ? Under what circumstances the How is it court announces to the defendant that his property will be sold. when he told them to write a deed of gift without an explanation ? A haza kah to which there is no claim is not to be considered. How so ? What happened to Anan and Kahana, who placed their fences on others estates. If the father has consumed one year and his son two, or vice versa, or each of them one year and the buyer from them one year, is it considered a hazakah ? The law of hazakah does not apply to specialists, farmers, etc. May II. ///. supposed to be interested in a case be a witness ? Has one I cut myself off from this estate entirely ? If A has robbed lias sold it to C, then D comes with a claim, has B then any be a witness for C ? If one sold a field to his neighbor without one who is " a right to say B of a field and : right to " SYNOPSIS OF SUBJECTS. x no right to qualify as a witness concerning it. The an nouncement of Rabha or Papa about an article which a Gentile takes away security, he has from an If one has given his garment to a specialist, the latter two zuz and the owner one. If one has exchanged his utensils for claiming another s in the house of a specialist, etc. Come and I will tell you what the swindlers of Pumbeditha are doing." May a gardener be taken as a Israelite. " A robber neither he nor his son has in case of a claim, or not? hazakah, but his grandson has. A specialist or a gardener who has ceased his profession, a son who was separated from his father, and a woman who witness oi them are considered, in a case of hazakah, with men one sold his estate by duress, the sale is valid. Why so ? Tabba hanged Pappi on a tree, to compel him to sell him his field. If wit nesses testify they signed a note whose amount was not yet paid, but was prepared by the borrower in case he should find some one who would make was divorced in general. all If him the loan. did so only with the intention of pleasing my husband, but not with the intention of selling Is there no occupancy in the estate of a married woman ? If one borrowed from his bondsman and encumbered "I it." his estate for him by a document, and afterwards he him freed ? One must If one who was the not accept bailments from women, slaves, or children. business man of the house, and the bills of sale and notes were in his name, claims " : All this is my own " what should be the evidence ? Concerning a gift or an inheritance of brothers. Is it not the duty of every Israelite to save the property of his neighbor from damage when seeing danger is near ? There cannot be a better hazakah than lifting up, as this act gives title to one in everything. latter has not made The estate of idolaters, a hazakah on it is if like sold to an Israelite, a desert. an If and the Israelite buys from a Gentile and another Israelite comes and takes possession of it I was told (before the bill of sale reaches the buyer). by the Exilarch Uqban the following three things: (a) That the law of the government should be respected as a law of the Torah," etc., 100-134 MISHNAS IV. TO X. What, and under what circumstances, collusive wit nesses have to pay. If there were three brothers and one stranger. There is a difference in usage of articles in some cases hazakah applies, and in some not. Does this rule always hold good ? The wonderful sayings and acts of Bnaha. Hazakah does not apply to movable pipes attached to drains, etc. What is to be considered an Egyptian window ? To an enclosure the size of a span in width, hazakah applies. One must not open windows to the yard even when he is a partner in it. One must not open, in a yard belonging to partners, a door or window opposite that of one s partner, etc. One must not make a hole in public ground. There were enclosures from R. Ammi s property facing an alley," etc. When the second Temple was destroyed, many of Israel separated themselves from eating meat and drink ing wine. Such a thing must not be decreed, which the majority of the con a it, field " . . . " gregation could not endure, 134-146 CHAPTER MISHNAS IV. TO V. If one sells a house unconditionally. If one sells a I reserve he must write in the bill of sale nothing of it for my E owns a field adjoining A s field from east to west, and B s from /. " property, self." If : SYNOPSIS OF SUBJECTS. xi north to south, and he comes to sell it, etc. If A and B were partners in a If one sold a house with the stipulation field, and A sold his share to C. If one has sold the that the upper diceta (chamber) was reserved for him. house to one man and the diceta to another. Title is not given to a well, although there is mentioned that one sold the depth and the height. The between a sale and a gift. If one sold a house, he sold with it the If one sold a yard, the houses, door, the bolt and lock, but not the key. If one walls, cellars, and caves are included, but not movable property. sells a press-house, the sale includes the trough, the press-beam or pressdifference stone, etc., MISHNAS VI. TO IX. the boards on the floor. not movable property. are needed for its use. boundary is 147-158 one sells a bath-house the sale does not include If one sells a town, the sale includes houses, etc., but If one sells a field, the sale includes the stones which From the passage, Gen. xxxiii. 17, we infer that the If sold to the buyer with the field biblically. A depositary who field, if con claims that he had returned the bailment, etc. In selling a tains a well, cistern, etc., they are not included in the sale CHAPTER MISHNAS /. issory note title all A the debts it TO V. How it 158-166 . V. should one acquire title to a boat given by transfer and bill of sale acquire contains is traditional and also according to is : ? title To a prom to it common and to sense. wagon does not include the mules when not hitched, and the amount paid serve as evidence ? If one sells an ass, The khumni is not included in the harness. the harness is not included. What does khumni mean ? If one sold a she-ass, its foal is sold but if a bill of sale to a vice versa. May ; cow, the calf is not. If one buys the brood of a pigeon-coop of a bee-hive. If one buys a tree for cutting it down, he must begin a span high from the ground an inoculated sycamore, three spans a trunk of sycamores, two. If exactly three spans, it is beneficial for the growth of the tree, etc., 167-175 MISHNAS VI. TO IX. If one buy two trees within his neighbor s field, the ground beneath is not sold if three, it is. Concerning the firstfruit offer If the branches were wide-spreading. How much space is to be left ings. between the trees in question, that it should be considered the buyer s ? A How should the ground be practised act is more important for evidence. longing to the buyer be measured ? If one has sold two trees situated in his field and one on the boundary. There are four legal customs concerning If one sold dark-red wheat and it was found to be white, or vice versa, sales. ; ; ; ; By what acts is title given to fruit and to flax ? The vessels of the buyer give title to him in every place, except on public ground. There are To real estate title is acquired four legal customs concerning sellers, etc. by money, deed, or hazakah and to personal property title is given by etc. ; drawing only. To a thing which is usually lifted up, title is given by lifting and usually drawn, by drawing. If one hires a servant to work for him in the barn for one dinar a day, with the stipulation that he shall work for him If one sold wine or oil, and it be for the same price in the harvest-time. comes dearer or cheaper, 175-190 ; MISHNAS X. AND XI. If one sends his little son to the storekeeper with a pundiun (dupondius), but the child loses the issar and breaks the glass. If SYNOPSIS OF SUBJECTS. xii one take a vessel from a specialist, to The wholesaler has cident. Must overweight be examine it, he is responsible for an ac measures once within thirty days. to clean his given, and how much ? The punishment for false meas harder than for adultery. It is harder for the cheating of a com moner than for the cheating of the sanctuary. The scales must be hanging three spans in the air, etc. Weights must not be made of tin, lead, cassituring is One must not keep in his house an unjust or other kinds of metal. measure, even if he uses it for a chamber. If the elders of the city want to enlarge the measures, it must not be more than a sixth of them. From the Those who forestall verse Ezek. xlv. 12 may be inferred three things, etc. who are meant thereby ? There must not be exported from Pal fruit," etc. It may be prayed by blowing estine things by which a livelihood is made. One must not emi of horns even on Sabbath, when business becomes dull. the of has increased, from Palestine unless toother price grain grate provices, erite, " " etc. When Abraham our father departed from this world, all the great remember when a would leak etc., men of the nations stood up in a file and said," etc. child used to break a piece of carob, threads of honey " I out," 190-203 HAGADAH. Rabba b. b. Hana Waves, Hurnim ben The fish which destroyed sixty cities. The fish with two fins. About the leviathan, male and female. The ban quet of the upright in the world to come. The bird with her head in the The geese from which a whole river of fat was running. The Arabian sky. merchant who accompanied Rabba in the desert, and showed him the dead The place where Korach with his com of the desert at the time of Moses. and the sky meet, etc. What R. was where earth swallowed the up, pany The well-known legends Lilith, roebuck of one day, of : alligator. Johanan has to tell. Jehudah of Mesopotamia. What happened with ElieWhat Huna b. Nathan told. The zer and Jehoshua while on the ship. canopies (chupas) for each upright in the world to come. The ten chupas made for Adam the first in claimed to be a God. The About Hiram the King of Tyre who paradise. increase of Jerusalem in the future, 203-213 . APPENDIX. Usucapio in the Roman Law 214 SYNOPSIS OF SUBJECTS TRACT BABA BATHRA (PART CHAPTER (LAST GATE). II.) VI. MISHNAS /. TO VIII. If one sold fruit and it did not sprout, or an ox and thereafter it was found a goring one. May the trouble of slaughtering and selling the meat be taken into consideration ? If an ox was found killed Between majority and hazakah, at the side of another pasturing one. which should be preferred (see footnote p. 217) ? All hold the theory of If one delivered wheat for grinding to fine meal, but the miller majority. or if meal were delivered to a baker and he did did not properly grind it If one buys fruit, he has to accept a quarter of a kabh not bake it properly. If he sold a cellar of wine, he must accept ten harsh of dust on a saah. If wheat, a quarter of a kabh of peas barrels on each hundred. if barley, ; ; buyer has found more than the The difference between a cellar and this cellar, above prescribed quantity. and also if for keeping was added. May or may not wine which is sold in If one sells wine, and it retail stores be considered products of the vine ? If one is proud, he is turns sour. Which wine is considered an old one. a quarter of chaff; if lentils, of dust. If the A commoner who disguises himself in the not tolerated even by his family. garment of a scholar cannot enter into the habitation of the Holy One, etc. or a contractor undertakes to build, a wedding or a widow resides in the house of his father-in-law is lighter than bran, and still lighter is an invited guest who brings with him an uninvited one, and still lighter is he who answers before hearing the If one sells, house. A groom who If one possesses a well, situated If one wishes to build a stable. question. on the other side of his neighbor s house, or a garden inside of his neigh If there was a public thoroughfare through one s field, etc. If one a place for digging a grave, or an undertaker makes a place for one, the inside of the cave must be four by six, etc 215-230 bor s. sells CHAPTER MISHNAS be sown, return, it 7. TO VI. I sell you earth of the or measured with a line. shall be money. size whereon one kur can In case the buyer has to make If the seller said the size of a kur," without etc., in VII. " SYNOPSIS OF SUBJECTS. xiv sell you the estate," with a measure is the law? this estate with its marks and more or less or, If two versions of the seller contradict each other, which is to boundaries." be considered ? The difference in opinion of the Amoraim in the explanation R. Papa bought an estate said to be twenty saahs after it of Mishna IV. was measured it was found only fifteen. To two brothers who had divided their inheritance came a third brother (of whose existence they were not any addition, how ment a . ; previously aware). If court differ in the amount, upon appraisement brought before them. The southern half of this field, "etc. the you the half of the field .... " I . brothers divided their inheritance, and a creditor of If the members the share of one of them. " " . came and took away their father of the "I " trifle sell ; seller has to give space for a partition, etc., CHAPTER 231-240 VIII. others who /. There are those who bequeath, and also inherit and also those who neither bequeath nor do not bequeath The passage [Num. xxvii. 8] in the Scripture does not correspond inherit. with all that is taught above. Who were the grandfathers of Pinchos ben Elazar on his mother s side. If one is about to marry, it is advisable for him It is better for one to to investigate the character of the bride s brothers. hire himself to Abhada Zarah (idolatry) than to rely upon people that shall MISHNA ; inherit but ; idolatry." Literally, however, it is support him. Abhada Zarah means Is the tribe of the mother s side equal to the tribe of service." strange What happened to Janai and Jehudah the second when the father s side ? came together ? The husband from his wife. Whence is this deduced ? they Whence came Pinchos ben Elazar to have a mountain which his father did " "a not possess Whence ? is it deduced that the husband does not inherit the during her life is only heir apparent ? In the case of a gift with the ceremony of a sudarium, whether healthy or sick, what time 241-255 may be given him to retract, MlSHNAS //. TO IV. The order of inheritance is thus, etc. If one estate to which his wife decides that a daughter shall inherit, when there is a daughter of a son, even What happened to if he were a prince in Israel, he must not be listened to. "The Rabban Johanan with the Sadducean ? daughters have inherited," etc. The land of Israel was divided among of Z lophchod the ascendants Joshua and Caleb inherited the deduced ? May or may not a disciple from Egypt, and not among their children. shares of the spies. Whence is this in the presence of his master ? Why is the order in mentioning If a woman daughters of Z lophchod different in the Scripture ? marries at less than twenty years of age, she bears children until sixty but when she marries after forty, she does not then bear children. There were seven men who encompassed the whole world since its creation until now, How was the land of Israel divided into twelve parts, or among the etc. people severally ? The land of Israel will be divided among thirteen tribes. be honored the ; A son and a daughter are equal concerning inheritance, etc. How shall double as to each brother or the double share of the first-born be counted as to the whole estate. What is the reason that Jacob took away the privi Reuben and gave it to Joseph ? Jacob s children, sum you find seventy however, if you will number lege of the first-born from who came to Egypt, in ; SYNOPSIS OF SUBJECTS. xv them in detail, you will find "only sixty-nine. In the case of inheritance of a promissory note, the first-born took a double share, etc. A first-born does not take a double share in a loan. The Palestinians, however, say he does. What is to be done with an estate bequeathed heritor has sold A ? future, and the same is when his brothers come to improve the MlSHNAS V. TO VII. A will which estate left must not be is listened to however, if he takes a double share first-born," Go ; ; Sh kh which the for life only, in does not inherit property to come in the the case with a husband. If the first-born protests first-born who it " 255-271 by their father, against the law of the Scripture as a gift, it may. My son is my is " My son a is first-born," he does not. a first-born, whose spittle cures eyes." If two wives of one have born two sons in a secret place which was dark, and it is not known who was born first, they may write a power of attorney each " to at my to the other, etc. son, If is one was known to the people as a first-born, and his A creditor may collect from bondsmen belong father said of another, etc. ing to orphans for their father s debt. be a witness (according to the law). A second-cousin, a third-cousin, may one says, This child shall inherit or, My wife shall take an equal share with one of my sons," he is to be listened to. If the word was mentioned in the beginning, etc. How is this to be illustrated ? If one wrote, The field on the east side shall be given to A, and B shall inherit that on the west side," is title given or not ? All that is said in one speech is valid, except as to idolatry. If A shall inherit my estate," and he has a daughter, he said noth one says " If " all," "gift" " " : ing or, ; "A shall inherit estate instead my of my daughter," or, "My how is the law ? A Halakha must not be daughter instead of my son taken for granted from a discussion or from an act, unless one is told to do Rabbi said My youth made me presume to contradict Nathan the so. Babylonian. If one bequeath all his estates to his wife, he makes her a guardian only. (All that is said above treats of a will by a sick man.) How is it if this was done while in good health? If one has bequeathed " : estates to his sons, but has left to his wife a small portion of ground. a similar case when one is in good health ? sick person all his How who A is it in has bequeathed latter is in some way estate to a stranger, it is to be investigated if the to be called a direct heir. An inheritance has no all his fit and goes direct to the heirs of the inheritor. The rabbis con demned one who bequeathed his estate to strangers, leaving out his chil dren. What happened to Shamai the elder with Jonathan b. Uziel, interruption, 271-297 be trusted My If one testify he has divorced his wife, he is to be brother," he is not. If a short period of time, can one s testimony be divided trusted. that for the past he should not be trusted, and for the future he should ? If a sick person said to witnesses and Write, and give a mana to so and MISHNAS VIII. TO XII. This " is my son," he is to " ; " : so," before they did so he dies. How is it if the same was said by one in good health ? If one wishes to bequeath his estate to his children, etc. How if from to-day and after my death ? If a sudarium is men he has written " " no matter what version was used, nothing is needed to be added. Who is etc. bequeathed to you, and after you to called a crafty villain ? To a gift presented by one who is dying, at what time is title given ? There was a woman who had a tree on the estate of tioned, " My estates are B," SYNOPSIS OF SUBJECTS. xvi I R. Bibbi b. Abayi, etc. If A said to B, give you this ox as a present, I with the stipulation that you shall return it to me." If a sick man said, the witnesses may write this, etc. The Halakha have a mana with so and The father has the prevails that it must not be feared the court will err. " " so," If he left grown-up right to gather the products bequeathed to his son, etc. sons, the grown ones have no right to derive any benefit on and minor account of the minors, etc. How is it if a woman has borrowed money, consumed it, and thereafter she married without paying her debt, and The following is not to be re brought estates with her at marriage ? turned in the jubilee year," etc. (p. 310). In some respects the husband should be considered as an heir, and in some respects as a buyer, 297-311 " CHAPTER MISHNAS AND 7. //. If IX. one leave sons and daughters, if the inheritance is if a moderate one, of great worth, the daughters must be supported from it If the the daughters must be supported, and the sons may go a-begging. estates were of great worth, but there was a promissory note in the hands of ; a creditor. If the deceased left a widow and a daughter, and the estates left could support only one of them. If one leave sons, daughters, and an her If my pregnant wife shall bear a male," etc. A child of one maphrodite. day inherits and bequeaths, etc. All that was said here was taught in the " "I bequeath One etc. Pumbeditha, however, In city of Sura. said, " said, Joseph decided : to her children. any order to MISHNAS was taught otherwise, it my estate to the children who shall be My estate shall be for you and your etc. born of you by children." One me," And R. One half of the estate belongs to her, and the other half There was one who had sent home pieces of silk, without which member TO of his household they belonged, 312-321 . grown-up and minor sons, and the former improved the estate, etc. If one has made the wedding of his son in one of his houses, the son acquires title to the house, etc. Three things the ///. VII. If one left Brothers partners in busi rabbis enacted as laws without giving any reason. If one of the if one of them was taken by the government to work, etc. ness ; Torah or to learn a trade, etc. Wedding presents may be replevined by the court. If one has betrothed a woman and dies before marriage, a virgin collects two hundred and a widow one hundred zuz. Five things were said about wed they are returned ding presents (a) They may be collected by the court at the time when the donator marries, etc. Who is like unto a wealthy man brothers took two hundred zuz to begin the study of the : who is known ; to be rich by his many cattle and (t>) estates, etc.? The different If one sends presents to the home of his explanations of Prov. xv. 15. betrothed s father, to the value of one hundred manas, and has partaken of the How is it betrothal meal, even for one dinar, they are not to be returned. when the presents have improved, etc.? If a sick person had bequeathed all Three things his estates to strangers, etc. If a sick person said shall reside in " : A Achithophel charged his sons, etc. such a house," or, "B shall con A sick person who has the products of such and such a tree," etc. all of his estates to strangers, it must be investigated how was If a sick person has bequeathed all his estates to strangers and the case. sume bequeathed thereafter is cured. The " expressions, He shall take," "shall be rewarded." SYNOPSIS OF SUBJECTS. How shall it benefit from and be done my A is the one he expresses himself If a sick person has confessed, " if : estates"? xvii who shall derive owe much "I so be taken for granted, etc.? In five cases the act of a my estates." What gift is not considered unless the bequeather writes How is the case with the Holy Scrolls as they is considered estates ? must not be sold, are they considered estate or not, etc.? The mother of Kami b. Hama bequeathed to him her estates on one evening. The mother to so so," shall it "all Amram the Pious possessed a bundle of deeds, etc. Concerning a a sick person in one respect it is equal to a gift by one in good health, etc. A sick person who has bequeathed all his estates to strangers, although made with a sudarium, if he was cured he may retract. of R. gift in part of one and thereafter to another, etc., 321-345 deed it was not mentioned that he was sick, and he claims that he was sick at the time of writing and had a right to retract. What kind of evidence is required, etc. It happened in the city of Bene Brack, that one sold the estate of his father and died; and his relatives com plained that he was not of age when he died. What must be the age of one I: one bequeathed MISHNA first to . VIII. If in the has the right to sell the estates left him by his father ? How is he to be considered during the nineteenth year nineteen, which is still not of age, or twenty ? There was one lad less than twenty, who had sold the estate of his who father. If a lad of thirteen years and one day presented a gift to some one, If one divides his estates verbally, no matter if he was in his act is valid. good health or dangerously sick, according to R. Elazar to real estate title It happened with an inhabitant of the is given by money, etc. city of Mruni, who was in Jerusalem, that he possessed much valuable property which he If it happens that a sick desired to present to different persons, etc. person divides his estates verbally on the Sabbath, etc. Suppose a house falls upon and his father or on any persons, that one of them has to be bequeather A and the other and inheritor, it is known who dies first. If a son has sold some one, and dies while the not his share of the inheritance of his father to father was still alive, and thereafter his father died, the son of the seller has And this is a complicated a right to take away the goods from the buyer. son inherits from his mother when case in the law of money matters. A he is already inherit in the grave, so that his brothers from his father s side should from him, 345-357 CHAPTER MISHNAS TO X. A simple get (document) the witnesses must sign at A folded one, however, the witnesses must sign In what place should the witnesses sign a folding document ? outside, etc. If the signatures of the witnesses were separated by a space of two lines from is it meant with their usual the writing, the document is invalid space or 7. V. the end of the contents. ; There was a folding document which came before Rabbi, and he All must be done as is customary in the etc. There is no date to said If there was only one witness to a simple, etc. If in the document country. which make twenty selas, etc. If on the top of was written, "hundred the document was written mana," and on the bottom "two hundred or vice versa, etc. There was a document in which was written, hundred and a There was a toil-master of a bridge who was a etc. without ? " : it," zuz," "a "six zuz," zuz," SYNOPSIS OF SUBJECTS. xviii Jew who " Abayi : Let the master show me his signature," etc. A be written by the court for a husband in the absence of his Documents of arbitrating and all the husband must pay the fees. divorce wife said to may other acts of mediating by the court must not be written unless both at the expense of both. There was a receipt approved parties are present by Jeremiah b. Abba. However, the same woman came his court to into claim her marriage contract several years later, etc. If one has paid a part If it happened to of his debt, and deposited his document with some one. one that a promissory note became erased, he must find witnesses. The approval must be written: "We three, E, F, G, the undersigned, were sitting together, and before us was brought by A, the son of B, an erased If one comes before the court claiming that he has lost a promis note," etc. sory note from so and so, etc. If one has presented a gift to his neighbor was returned by the beneficiary the gift is considered The following is the order of claims before the court. lender comes to the court to complain that the borrower does not pay his debt, etc. Concerning deeds, they may write another one without mention ing the responsibility of the seller for the estate, etc. There was a woman the deed by a deed, if returned. The who gave money to one that he might buy estates to claim a field saying that he possesses a deed, for her, etc. If and it also that one came was in his If there was any forgery in the docu possession the years of hazakah, etc. ment, or there were incompetent witnesses, the transferring is not con sidered, 357-379 one has paid a part of his debt, according to R. Jehudah the promissory note must be changed. According to R. Jose, MISHNAS VI. TO IX. If The Halakha prevails the lender has to give a receipt for the amount paid. If the document was neither with R. Jehudah nor with R. Jose, etc. written at the date used by the government, and such a date fell on a Sab bath or on the Day of Atonement, etc. It happened with R. Itz hak b. Abba said to his scribe with R. Abba, etc. happen that you have to write a document with a later date, you must write as follows This document was postdated by us for a cer If one holds a promissory note for a hundred zuz, and tain reason," etc. in two notes each of fifty zuz, etc. If that it shall be rewritten requests there were two brothers, one rich and one poor, and they inherited from their father a bath-house, or an olive-press house, if for business they must share equally but if for private use, etc. If there are two persons who bear one and the same name, they cannot give promissory notes to each other, nor to any of the inhabitants. If a promissory note was paid, etc. If one Joseph, " When who had money it : shall : ; A promissory note among (while struggling with death) says to his son If one the notes I possess is paid, but I do not remember which," etc. made a loan to his neighbor through a surety, he must not collect first from " : Whether a surety has to pay or not, R. Jehudah and R. Jose Lend to this man, and I am the surety," etc. the surety said If the expression was, "Give to him, and I will return you," then has the the surety, etc. differ, etc. If " : lender nothing to do with the borrower. There was a judge who trans ferred the estate of the borrower to the lender, before the lender had de manded his money from the borrower, etc. There was a surety for orphans who had paid the lender before he notified the orphans. under the ban because he declined to pay his debts. If If the one was put promissory SYNOPSIS OF SUBJECTS. xix note of the deceased was in the hands of the surety, who claims to have paid the lender, etc. There was a surety for a deceased debtor to a heathen, who paid the heathen before he had demanded his debt from the orphans. one made himself surety to a woman for a marriage contract, etc. A sick person who has consecrated all his estates, and at the same time said "So and so has a mana with me," he may be trusted. A sick person who said A has a mana with me," and thereafter the orphans claimed that they have If one borrows money on a paid, they are to be trusted. promissory If it hap note, the lender has a right to collect from encumbered estates. If : : " pen that a creditor sees and one passes by and his debtor in the market, grapples him by the throat, "Leave him alone, I will he is neverthe pay," says, because the loan was made not upon his surety. Biblically there no difference between a loan on a document and by word of mouth, and it should be collected from encumbered estates. A verbal loan is not col neither from heirs nor from buyers. If the surety signed before lectible the signatures, it may be collected from encumbered estates. Only a surety in the presence of the court is free from a sudarium, but all others are not, less free, is 379-395 SYNOPSIS OF SUBJECTS OF TRACT SANHEDRIN (SUPREME COUNCIL). CHAPTER I. To which cases judges are needed to decide, and to which which three, five, twenty-three, and seventy-one. The Great Sanhedrin consisted of seventy-one, and the Small of twenty-three. How many MISHNA commoners /. ; If one a city should contain, that it should be fit for a supreme council. were known to the majority of the people as an expert, he alone might decide A permission from the Exilarch holds good for the whole cases. country (of Babylon and also for Palestine) from the Prince in Palestine, he may teach the law, decide for the whole of Palestine and Syria only civil cases, and may also decide upon the blemishes of first-born animals. He (a priest) saw a divorced woman and married her, and with this he civil ; : He erred in his opinion e.g., there were two, differed in a case, and he decided the case There are three Tanaim who differ concerning arbitra annulled his priesthood. Tanaim and two Amoraim who according to one. When the decision is already given in accordance with the strict law, an arbitration cannot take place. May or may not a judge say, I do not want to decide this case ? and under what circumstances ? Is mediation a meritorious act, or is it only permitted ? There were many who used to say maxims of morality, and Samuel found that they were only repetitions of tion. " " verses in the Scriptures. "Say unto wisdom, Thou art my sister," means, if the thing is certain to you as that it is prohibited for you to marry your but not otherwise. If one appoints a judge who sister, then you may say it is not fit to be such, he is considered as if he were to plant a grove in Israel. ; The court shall not listen to the claims of one party in the absence of the "You shall (in civil cases). judge righteously" means, you shall de liberate the case carefully, and make it just in your mind, and only thereafter other "For the give your decision judgment belongeth to God." The It is the least for the wicked to take Holy One, blessed be He, said away money from one and give it to another illegally," etc. Is warning needed to a may you : " : scholar stripes labor. ? ? Where is the hint that collusive witnesses are to be punished with Punishment of stripes is not applied to those who do no manual The numbers three, five, and seven to what have they a similarity? xi SYNOPSIS OF SUBJECTS. xii A year must not be intercalated with one month, except by them who are it by the Nashi. Since the death of the last prophets Haggai, Zechariah, and Malachi the Holy Spirit has left Israel, etc. A leap year invited for made because of the kids, lambs, etc. For the following three A things a leap year is made Because of the late arrival of Spring, etc. The year must not leap year must not be made in the years of famine. be intercalary before Rosh Hashana. leap year must not be made in one should not be : A year for the next. No appointment of a leap year must be because of defile ment. If not for Ben Baba, the law of fines would be forgotten from Israel. The legend how Jehudah b. Baba supplied the degree of Rabbi to five (six) and by this act he caused the oral law not to be forgotten from Israel. The custom of giving degrees must not be used out of Palestine. What is to be considered second tithe, of which the value is not known ? Rotten fruit, etc. Every great matter, means the matter of a great man. By the whole tribe, is meant the head of it. The legend how a battle was decided by King David. Whence do we know that it is a duty to appoint judges to each tribe ? etc. The legend of Eldad and Medad, and what their prophecy How Moses selected the seventy elders from each tribe, and also the was. payment of the first-born who were not redeemed by Levites. Sentence If all persons of a Sanhedrin are of guilt must be by a majority of two. How so ? In a city in which the accusing, the defendant becomes free. following ten things do not exist it is not advisable for a scholar to reside, and they are, etc. Of rulers of thousands were six hundred of hundreds, of fifties, twelve thousand of tens, sixty thousand six thousand hence the total number of the officers in Israel was seventy-eight thousand and six elders, " ; ; ; ..... hundred, CHAPTER 1-42 II. MISHNAS /. AND //. The high-priest may judge and be a witness be fudged and witnessed against. A king must not judge, and is not judged must not be a witness, nor witnessed against. There are cases from which one may withdraw himself, and there are others from which he may not. How so ? A king must not be a member of the Sanhedrin nor he and a The legends of three high-priest engage in discussion about a leap year. pasturers who had a discussion about the month Adar, which the rabbis took ; ; ; When he (high-priest) goes in the row as a support to establish a leap year. to condole with others, his vice and the ex-high-priest are placed at his right, etc. Formerly the custom was for the mourners to stand, and the people to A All agree that How row is not less than ten persons, not counting the mourners. a king has relinquished his honor, it is not relinquished. could David marry two sisters while they were both living ? The pass by, etc. if strength of Joseph was moderation on the part of Boas, and the strength of If a death occurs in the latter was moderation on the part of Palti, etc., etc. the house of the king, he must not leave the gate of the palace, . 43~52 MISHNAS ///. TO VI. Three positive commandments was Israel com manded when they entered Palestine, viz., they should appoint a king, etc. The treasures of kings which are plundered in time of war belong to the king only. He (the king) must not marry more than eighteen wives. Even one SYNOPSIS OF SUBJECTS. xiii away, he must not marry her. Mishna whence is it deduced ? Four David by the handsome women whom he took wife, should she be liable to turn his heart The number eighteen mentioned hundred children were born to in the captive (i.e., those mentioned in Deut. xxi. n). Only a son may stay alone with his mother, but it is not allowed for any one besides to stay alone with a married woman. He (the king) must not acquire many horses, neither more gold and silver than to pay the military. He shall not acquire many horses, and lest one say, He shall " Even those which are needed for his much chariots," etc. Not even suffi not acquire gold and silver lest one say, cient for paying the military," etc. Why does not the Scripture explain the reason of men law its ? " Because in was so done, and the greatest Ezra was wrothy that Moses had not preceded him. In two verses it of a generation stumbled because of them, etc. Torah should be given through him, if Torah was given to Israel in Assyrian characters, etc. One must not ride on his the king s horse, etc. footnote, (see p. 59). He who divorces Come and see how hard is divorce in the eyes of the sages his first wife, even the altar sheds tears on account of him. The king must cut his hair every day, a high-priest every eve of Sabbath, and a commoner the the very beginning the ! priest every thirty days 52-63 . CHAPTER III. MlSHNAS /. TO ///. Civil cases by three one party may select one, and Pure-minded people of Jerusalem used not so the other, and both one more. to sign a document unless they were aware who was the other who was to : sign it, was to and also would not be their colleague, down to judge unless they were aware who One has no right to reject a judge who was There is a rule that the testimony of one who is sit etc. appointed by the majority. interested in a case is not to be taken into consideration. Proof is needed to each claim, even if it is not so important that it could injure the case. He who saw Resh Lakish in the college saw one uprooting hills and crushing them, and he who saw R. Mair saw one uprooting mountains and crushing them. Gamblers (habitual dice-players) and usurers, and those who play with flying doves, are disqualified to be witnesses. What crime is there in dice-playing the world. are ? Because they do not occupy themselves with the welfare of also disqualified. Gamblers One who borrows to pay usurers is counted those who play with dice and not only with dice, but even with those who play with doves other Among was added to the disqualified witnesses ; the shells of nuts or pomegranates. animals are also meant. There robbers and forcers (i.e., those who take things by force, although they pay There was secondly added to that category, collectors the value for them). The father of R. Zera was a of duty and contractors of the government. One s thought for his maintenance injures collector for thirteen years, etc. him in his study of the law, etc. They who accept charity from idolaters are disqualified to be witnesses, provided they do so publicly, etc. One who is wicked in money matters only is disqualified to witness, but not one wicked Bar Hama had slain a man, and the Exilarch told in heavenly matters. Aba b. should to investigate the case the murderers blind, etc., Jacob make ; ...... and if he really slew the man they 64-79 SYNOPSIS OF SUBJECTS. riv MISHNAS IV. TO The following are counted relatives who may not be brothers of father or mother, brothers-in-law, etc. father s brother shall not witness in my cases; he, his son, and his son-in- witnesses " My " law." : VI. Brothers, The brother of my mother-in-law cannot be a witness for me." The husband of one s sister, also the husband of the sister of one s father and the husband of the sister of one s mother, their sons and their sons-in-law, are his son-in-law, etc. also excluded from being witnesses. A stepfather There was a deed of gift which was signed by two brothers-in-law i.e., two husbands of two sisters, etc. How were the witnesses examined ? They were brought into separate chambers, etc. How were the witnesses frightened ? There was one who had hidden witnesses under the curtains of Have I a mana with you ? etc. There his bed, and he said to his debtor was one who was named by the people "the man who has against him a There was another who was named whole kab of promissory notes." There was a document of confession "the mouse who lies on dinars," etc. He (the debtor) has said to us, Write a in which it was not written I have seen document, sign, and give it him (the creditor)," etc. your de . . . " " : " : " a certain place, saying, This belongs to so-andmoney is the judgment to be written ? So was the custom of the ceased father hide " so, etc. How in pure-minded in Jerusalem. They let parties enter, listened to their claims, and thereafter let the witnesses enter, listened to their testimony, then told all This is a rule for every case in which is mentioned of them to go out, etc. a witness," that it means two. Simeon b. Alyaqim was anxious that the degree of Rabbi should be granted to Jose b. Hanina, etc., etc. A con " fession after a confession, or a confession after a loan, may be conjoined but a loan after a loan, or a loan after a confession, do not join (p. 91). Witnesses in civil cases who contradict one another in unimportant investi ; gations are to be considered. So long as the defendant brings evidence to his advantage, the decision may be nullified by the court. However, if after he had said, with a young "I have no man whom witnesses," he made What happened to R. Na hman one who is summoning a party etc. liable. If want my case brought before who says, may be compelled to try his case in that city. "I the assembly of sages," etc., he In Babylon they are not allowed to try cases of fine, 79-96 CHAPTER IV. MISHNAS /. TO ///. Cases coming before the court, the witnesses thereof must be examined and investigated. What difference is there between civil and criminal ? The following from (a) to (g). Biblically there is no differ ence between civil and criminal cases concerning investigations. But why enacted that civil cases do not need investigation ? "Justice, only jus thou pursue," means that one shall follow to the city of a cele brated judge, etc. What has the court first to say to the advantage of the defense in criminal cases ? If one has tried a case, and made liable him is it tice, shalt who cow was is Tudus the physician testified that not one sent from Alexandria in Egypt of which the womb not, or vice versa, etc. or one swine was not removed. If one was found guilty by the court, and thereafter one come, saying I know a defense for him, etc. So long as the fire in the : SYNOPSIS OF SUBJECTS. xv stove burns, cut off all that you want to roast, and roast it. (I.e., are studying a thing, consider it thoroughly to prevent questions.) when you All who take part in the discussion may explain their reasons, until one of the accus ers shall yield to one of the defenders. In the neighborhood of R. Johanan was one who was blind who used to judge cases, etc. From the time Moses until the time of Rabbi, we do not find one man who was unique in the possession of wisdom, riches, and glory, etc. One may teach his disciple, and at the same time may judge in association with him in criminal cases. there of In ten things civil cases differ from criminal cases. All are competent to judge civil cases. But not all of them are competent to judge criminal cases. The Sanhedrin sat in a half-circle in order that they could see each other, etc. The Torah has testified that we are such a kind of people that even a fence of lilies is sufficient for us, and will never be broken. How were the witnesses awestruck in criminal cases ? A human being stamps many coins with one stamp, and all of them are alike but the Holy One, blessed be He, has stamped every man with the stamp of Adam the first, and, nevertheless, ; not one of them is like the other. Although the court of the Sanhedrin ex no longer, the punishment of the four kinds of death prescribed in the Adam the first was created singly, Scripture was not abolished by Heaven. and why ? That disbelievers should not say there were many Creators in heaven, etc. In three things one is different from his neighbor in voice, isted etc., 97-1 14 CHAPTER V. MlSHNA /. The court used to examine the witnesses with seven inquiries, Should one of the witnesses say, have something to say in behalf of the defendant," or one of the disciples, I have something to say to the dis etc. "I " advantage of the defendant," the court silences him. Why not say that eight queries are necessary in the examination ? Viz., how many minutes are there in the hour ? Do you recognize this man as the murderer of him slain ? Was he a heathen or an Israelite ? Have you warned Did he accept the warning ? etc. Whence do we deduce that the warning is prescribed biblically ? Witnesses who testified in case of a be who was him ? woman, trothed is if they be found collusive, are not to be put to death. What ? etc. Until what time may the bene the difference between examination diction of the moon be pronounced ? If Israel should have only the merito rious act of receiving the glory of their heavenly Father once a month, it would be sufficient. They do not drink wine. And why not ? In civil cases the court may say : The case becomes CHAPTER MlSHNAS /. TO IV. If the old, etc., . . 115-125 VI. conclusion was to condemn, the guilty one was taken out immediately to be stoned. A herald goes before him, heralding So and so, etc. One stands with a flag. I doubt who had to bear the cost : and horse mentioned in the Mishna, etc. If one of the disciples have something to say in behalf of the defendant," and thereafter he became dumb ? He who is modest, the verse considers him as if he should of the flag " said, I SYNOPSIS OF SUBJECTS. xvi mentioned in the Scripture. When he (the guilty) from the place of execution a distance of ten ells he was told to confess. Why are the words unto us and to our children," and the Ayin of the "ad pointed ? The Lord said to Joshua Thou thyself hast caused all the evils, because thou didst excommunicate the goods of Jericho. One should always proceed with prayer before trouble comes. It happened with one who was going to be executed, that he said If I am guilty of this crime, my death shall not atone for all my sins. See footnote, p. 135, concerning the legend of Simeon b. S. of the eighty witches hung by him. A male was stoned while naked, but not a female. The stoning place was two heights If before the execution the hands of the witnesses were cut of a man, etc. "The off, he becomes free from death. avenger of the blood himself shall Infer from this that it is a meritorious act for the avenger to do so slay." sacrifice all the sacrifices was far " " : : ........... himself, MlSHNAS V. AND VI. All Two must a female. are also hanged. 126-139 A male, but not same day, provided there are two The beam was put in the earth, Whence do you deduce from the not be judged on the How kinds of death. who are stoned was one hanged ? King Sabur questioned R. Hama Torah that one must be buried ? etc. Is shall become disgraced if not buried, or is etc. : the burying because the corpse it because of atonement ? Is the lamentation an honor for the living or for the deceased ? And what is the A wicked person must not be buried with an upright one. difference? etc. which David cursed Joab fell on the descendants of Sam. iii. 29], etc. If not for Joab, David would not All the curses with They were David. [II have been able to occupy himself with the law, CHAPTER etc., . . 139-148 . VII. MlSHNAS J. TO V. Four kinds of capital punishment are prescribed to the court by the Scriptures. According to R. Simeon, burning is more rigorous with her father-in-law, than stoning. With her father, burning applies ; How stoning applies. Halakha which will is this to be understood ? Do you come to teach be used only then when the Messiah will appear ? a The prescribed punishment of burning was this The sinner was placed in waste knee-deep. Then placing a twisted scarf of coarse material within a soft : But why should burning not be inferred from the offerings of the which were burned bodily ? Nadob said to Abihu When will The prescribed the two old men die, and you and I be leaders of Israel ? punishment of slaying was thus He was decapitated, etc. The prescribed punishment of choking was thus The sinner was placed in waste knee-deep, To the following sinners stoning applies viz., one who had connec etc. one, etc. bullocks, : : : : tion with his mother, etc. " That she is lieth his " with his father mother or A man s wife " " means to exclude a minor. means, that there is [Lev. xxii.] : no difference whether 150-164 not, One who had connection with a human male, or with an animal, and also a human female who uncovers herself before a male "With an animal makes no difference animal, are punished with stoning. whether it was a large or a small one. A blasphemer is not guilty, unless he mentioned the proper name of God (Jehovah). Any man whatsoever," MISHNAS VI. TO VII. " " SYNOPSIS OF SUBJECTS. meaning etc., to include the heathen, commandments were commanded who warned are to Israel in Marah xvii Ten of blasphemy. seven of them are ; those which were accepted by the descendants of Noah. For transgression of these commandments a descendant of Noah is put to death, viz., adultery, descendant of Noah may be put to death by bloodshed, and blasphemy. the decision of one judge, by the testimony of one witness, etc. Every rela A tionship for which the punishment of the courts of Israel is death, a descend Noah is warned of it; but all other relationships, the punishment of which is not death, are permissible to them. He who raises his hand to ant of his neighbor, although he has not as yet struck him, in which its life is, which is its blood, shall ye not is called wicked. eat," [Gen. ix. 4] " Flesh means any member of the animal, while it is still alive. We do not find any case where what is forbidden to the descendants of Noah should be allowed to the An unclean thing never came from heaven. There is no differ Israelites. ence if one hears it from the blasphemer himself or from the witness who heard it from the blasphemer he must rend his garments 164-187 MISHNAS VIII. TO XII. One is considered an idolater who worships it with its proper worship; and even if he only sacrifices, smokes incense, or pours wine, etc. Why not say that from bowing all kinds of worshipping In our Mishna itsis stated "He who is to be inferred ? worships idols." There is another Mishna, farther on, which states He who says: will is always considered an idolater, etc. If one worship an idol worship," because he loves it, or because he fears it, etc. Concerning Sabbath it is more rigorous than all the other commandments in one respect, and all other commandments are more rigorous in another respect, etc. There is a tradi tion He who conjoins the name of Heaven with something else is to be destroyed. It happened to a female heathen who was very sick and vowed that if she recovered she would worship all the idols which were to be found, If one gives one of his children to Molech, he is not guilty unless he etc. . . " " : "I : : has transferred him to the servants, etc. One is not guilty unless he let him pass in the usual manner. What was that ? A row of bricks were placed for Baal ob (mentioned in the Scripture) is the python that makes passing, etc. the dead speak from his armpit, and Yidofli means one that makes the dead ob the same who inquires speak from his mouth. Is not he who queries an " " Nay etc. An observer of times is, according to R. Aqiba, who reckons times and hours, saying: This day is good to go on the road, He who curses his father or mother is not punished with a capital etc. punishment, unless he curse them by the proper name of God, 187-194 MISHNAS XIII, TO XIV. He who sins with a betrothed damsel is not of the dead ? ! he . guilty to be stoned, unless she was a maiden betrothed and still in her father s house. seducer means one who is himself a commoner e.g., he A There an such and such a place which so and so eats, etc. are liable to capital punishment biblically, it is not allowed to hide witnesses except in this case, etc. A conjurer is liable to be says : Concerning is all idol in who stoned only when he did an act, but not if he dazzled the eyes. The Halakhas ofwitchcraft are similar to the Halakhas of Sabbath. There are some to which stoning applies, etc. I have seen a rider of a camel who took his sword, cut stood up. off the It head of the camel, and thereafter rung a was only a dazzling of the eyes. The legend bell, and the camel of R. Eliezer with SYNOPSIS OF SUBJECTS. xviii his disciple, "Thou shalt not learn to do," means: "Thou must not learn to do, but thou mayest learn it to understand it for the purposes of deciding cases, 194-200 CHAPTER VIII. MISHNAS /. TO VIII. A stubborn and rebellious son at what age may he be considered as such? From the time he brings forth two hairs, etc.; but the sages used to speak with delicacy. A minor of nine years and one day is fit to have connection with a woman, and in a case of adultery it is considered. Whence do we know that the first generation produced children at the age of daughter should be more open to the charges of stubbornness and But so is the decree of the Scripture a son, and not a rebelliousness, etc. He cannot be condemned as a stubborn and rebellious son daughter." unless he eats meat and drinks wine. You shall not look for wine which makes red the faces of the wicked in this world, and makes them pale in the world to come. Thirteen ways are enumerated in the Scripture concerning wine, as in Genesis ix., from 20 to 25. If he has stolen from his father and consumed on his premises, etc., he is not charged as a stubborn and rebel lious son unless he stole from his mother and father. If the father is willing to transfer the case of the son in question to the court, and the mother is not Such a thing neither occurred nor ever will be, willing, or vice versa, etc. and the same is with the case of a misled town, and also with a house of lep If one hand of his father or mother is rosy, and was written only for study. missing, or they limp, or are dumb, etc. If he runs away before the decision of condemnation is rendered, etc. The Scripture prefers that he should die innocent, and not be put to death because of his sins. For the death of the wicked is both a benefit to them and a benefit to the world, etc. In the case of "breaking in" [Ex. xii., i], for which there is no liability if one is killed by a detector, one is also punished because of his future crimes, etc. A burglar who broke in and succeeded in taking some utensils and escaped is free from paying. Because he acquired title to them by his blood. It happened that rams were stolen from Rabha by burglary and thereafter they were returned to him; he would not accept them because the above decision 201-216 came from the mouth of Rabh, etc., MISHNA IX. The following may be killed for self-protection He who pursues one to kill him, and he who pursueth a betrothed damsel, etc. According to the rabbis the Scripture cares for the violation of her honor, and as she also cares for it, though without life-sacrifice, she must be saved even by killing her pursuers, etc. One who intends to worship idols may be In killed (if there is an impossibility of preventing his crime otherwise.) the city of Luda it was voted and resolved that if one were compelled, under threat of being killed, to commit any one of all the crimes which are men tioned in the Torah, he might commit it and not be killed, except idolatry, Is a descendant of Noah commanded to sanctify adultery, and bloodshed. the Holy Name, or not? It happened to one that he saw a woman and eight? A " : " became sick through his infatuation, CHAPTER MISHNAS /. 216-221 etc., IX. TO VI. Punishment of burning applies to one man who has woman and her daughter, and to a daughter of a priest, intercourse with a SYNOPSIS OF SUBJECTS. xix Punishment with the sword applies to a murderer and to the men of a If one pressed down a person while he is in water, or in fire, preventing him from coming out, he is guilty, etc. If one bound a person, and he died thereafter of hunger, he is not guilty of a capital crime. If, how ever, he put him in a sunny place, and he died because of the sun, he is guilty. Ball-players if one threw a ball with the intention of killing some one, he is All to be put to death, and if it was unintentional, he is to be exiled, etc. agree that if one kills a person whose windpipe and larynx (gullet) are cut or whose skull is fractured, he is free (for it is considered as if he attacked a dead man). If one strikes a person with a stone or with his fists, and he was diagnosed (by the physicians of the court) to die, and thereafter he improved, etc. Capital punishment does not apply to one who intended to kill an animal and killed a man, an idolater and killed an Israelite, etc.; but it does apply to one who intended to strike a person on the loins with an article which was sufficient for this purpose, and he strikes him to death on his A murderer mixed up among others all of them are free, etc. heart, etc. If it happen that the persons sentenced to deaths of different kinds, and are so mixed that it is not known who comes under this kind of death and who under another, all of them must be executed with the more lenient death. If one committed a crime which deserves two kinds of death, he must be Ezek. xviii. must not be taken literally, but tried for the more rigorous one. the mountains he eateth not means that he does not live upon the reward of the meritorious acts done by his parents; "his eyes he lifteth not 222-238 up to the idols means that he never walked overbearingly, etc., MISHNAS VII. TO IX. He who receives stripes, and relaxes into the same He who kills a person not in the crime, the court takes him to the kyphos. presence of witnesses is taken to the kyphos and is fed on scant bread and water. If one steals a kisvah, or one curses his neighbor, invoking God as a carver," zealous people (like Pinchas) have a right to strike him when caught in the act. What is this punishment if there were no zealous men ? Answer to this, it happened that it was read before R. Kalian in a dream, In a case where there is a violation of the Holy Name the honor of the etc. If a priest performs the service while he master must not be considered. etc. misled town. " " " . " " " is defiled," etc. If a common Israelite served in the CHAPTER Temple," etc., 238-244 X. MISHNAS /. TO VI. Choking applies to him who strikes his father or mother, to him who steals a living soul, etc. A son is not guilty of a capital crime unless he wounds his father by striking him. Cursing is in one respect more rigorous than striking, as he is guilty even if he did it after his If one steals a person, he is not guilty of a capital crime father s death. unless he brings him upon his own premises. There is no difference whether he stole a male or a female, a proselyte, or a bondsman, or a minor, etc. R. Jehudah says that there is no disgrace for slaves. Thou shalt not " steal," " Ye in the third shalt not Sanhedrin. commandment, means human steal," in [Lev. xix., n] : A judge rebelling against the Great Jerusalem three courts, etc. In case a judge in meaning money. There were beings. the country had a dispute with his colleagues, they came to the first court. If this court were able to decide it traditionally they rendered their decision; and if not, all of them came to the Great Sanhedrin, which was in the Temple SYNOPSIS OF SUBJECTS. xx A disciple who is not a judge who decides for practice against treasury, etc. the Great Sanhedrin, is not culpable. rebelling judge is not guilty unless he gave his decision in a matter to which, if done intentionally, korath A The punishment of him who transgresses the decision of the more rigorous than for that which is plainly written in the Scriptures. The judge in question was not put to death by the court of his own city, etc., but was brought to the Supreme Council, in Jerusalem, etc. applies, etc. scribes A is prophet who is to be sentenced by the court is only he who prophe what he (personally) has not heard and what he was not told at all, etc. who prophesied in the name of an idol, saying, So and so was said by false sies He " such an idol," although it corresponds exactly with the Hebrew law, he is punished by choking. See all illustrations, pp. 258-260. In every case mentioned in the Torah, if a true prophet commands you to transgress, you may listen, except as to idolatry, 245-261 CHAPTER XL MISHNA /. The following All Israel has a share in the world to come. world to come: He who says, etc. Three kings and four commoners have no share in the world to come, etc. Is he who does have no share in the not believe that the resurrection is hinted at in the Torah such a criminal that he loses his share in the world to hinted at in the Torah? etc. Where come? is the resurrection From the Pentateuch, Prophets, and HagiQueen Cleopatra questioned R. Mair thus: ographa. See 267, also footnote. When they shall be restored, will they be naked or dressed? Csesar ques tioned Rabbon Gamaliel: You say that the dead will be restored. Does not the corpse become dust? etc. The living die should the dead come to life? That which has not existed at all comes to life shall those who had life once not come to life again? The legend of Gebiah b. Pessisa who advocated Israel before Alexander of Macedonia, etc. (Pp. 268, 270.) Antoninus said to Rabbi: The body and soul of a human may free themselves on the Day Judgment by Heaven. How so? Why does the sun rise in the east and west? At what time does the soul come into the body? At what time does the evil spirit reach man? Lest one say that the verse just cited means, I make one die and another one shall I bring to life, therefore it I wound and I cure." As wounding and curing apply to one person reads, He who hesitates in declaring a Halakha to a disciple, even the only, etc. embryos in the entrails of their mothers denounce him. Great is wisdom, Exiles atone for everything. as it was placed between two divine names. The upright who will be restored in the future will never return to dust. What will they do at the time the Holy One, blessed be He, shall renew of set in the " " His world " ? etc. Concerning the dead Tannaim and Amoriam, whom Ezekiel restored, the was a reality or a parable Six miracles occurred on the day Nebuchadnezzar threw only. (P. 278.) Chananyah, Mishael, and Azaryah into the caldron. Even at the time of danger one shall not change the dress belonging to his dignity. Where was Daniel at the time that they were thrown into the caldron? The legend of Achab and Zedkiyahu with the daughter of Nebuchadnezzar. According to the advice of three, Daniel went away before the affair of Chananyah, etc. Concerning the six barleys which Boaz gave to Ruth. All that is written in the book of Ezra was said by Nehemiah b. Chackhalyah. Why then was different opinions of if it SYNOPSIS OF SUBJECTS. it named not from this after world xxi The angel who rules the souls after their departure named Dumah. Hiskiah, who has eight names, shall him? is take revenge on Sanherib, who also has eight names. Hiskiah s (king of Judah) whole meal consisted of a litter of herbs. Pharaoh, who personally blasphemed, was also punished by Heaven. Sanherib, who blasphemed through a messenger, was also punished through a messenger. Ten trips had the wicked made on that day, etc., as it reads [II Kings, x. 28 to 32]. There was one day more appointed for the punishment of the iniquity of Nob. And the astrologers told Sanherib, etc. If the judgment is postponed over one night there is hope that it will be abolished entirely. The legend how Abishai saved King David from Yishbi s hand at Nob. Sanherib, when he came to attack, brought with him forty-five thousand princes with their concubines in golden carriages, etc. See pages 293-296, the many legends concerning Sanherib. Be careful with the children of the Gentiles, as it happens very often wisdom emanates from them. That the day on which Achaz died consisted of only two hours. And when Heskiah became sick and thereafter recovered, the Holy One returned the ten hours to that day, etc. Three hundred mules loaded with iron saws which cut iron were given to Nebusaradan by Nebuchadnezzar while going to attack Jerusalem. Nebusaradan was a true proselyte, from the descendants of Sissera were such who studied the law in Jerusalem, and from the descendants of Sanherib were such who taught the Torah among a majority of Israelites, etc. Have you heard when the fallen son will come? etc. In his Sabbatic period when the son of David will appear in the first year there will be fulfilled, etc. The generation in which the son of David will come, young men will make pale the faces of the old, etc. The world will continue for six thousand years, the first two thousand of which was a chaos, etc. There are no less than thirty-six upright in every generation who receive the appearance of the Shekinah. All the appointed times for the appearance of the Messiah have already ceased. And it depends only on repentance and good deeds. Jeru salem will not be redeemed but by charity. What the Messiah told to Ben David will not arrive until Rome shall have dominated, etc. Discussion concerning the name of the Messiah. The cock said to the bat, I look out for the light because the light is mine (I see The days of the Messiah will it), but for what purpose do you wait for it? be as from the day of creation until now. He hath despised the word of who learned the Torah but does not teach it. He who God," means he learned the Torah and does not repeat it is similar to him who sows but does not harvest, etc. Has not Moses written something better than And Lotan s sister was Thimna, etc. ? Who is meant by the term epicurian ? What good have the rabbis done for us? They have never permitted us to eat a crow, and they have not prohibited us to eat a dove, etc. The measure with which man measures will be measured out to him i.e., as a man deals he will be dealt with. A good woman is a good gift; she may be given to one who fears God. A bad woman is leprosy to her husband, etc. One may ask the fortune tellers who tell fortunes by certain oils or eggs. But it is not advisable to do so, because they often lie. Support me, and I will bear the statement of Aqiba, my disciple, who says Pleased are chastisements," Jehoshua ben Levi : " : " : etc. Three men means, "and his presence. he (biblical lifted up personages) came with his hands"? (See footnote, page 323.) He indirectness, etc. took off his What phylacteries in The legends concerning Jeroboam, SYNOPSIS OF SUBJECTS. xxii King Mcnashe appears to R. Ashi in a dream. R. Abuhu pp. 322-325. used to lecture about the three kings and became sick, etc. Why was Achab rewarded by the prolongation of his kingdom for twenty-two years? Because he was liberal with his money and assisted many scholars from his Four sects will not receive the glory of the estate; half his sins were atoned. Achaz abolished viz., scorners, liars, hypocrites, and slanderers. the worship and sealed the Torah, etc. The angels wanted to put Michah aside, but the Lord, however, said leave him alone because his house is open Shekhina, Great are entertainments, for its refusal estranged two tribes Why does not the Mishna count Achaz and Amon among have no share ? etc. Explanation to verses of Lamentation, for travellers. from those Israel, etc. who The Scripture PP- 334 to 337. his neighbor, he should add is of notes said that all particular that May any one tells his troubles to it " Said Rabh: perpetual backsliding." of given to the prophets, Israel if not happen to you." The interpreters of them have a share in the world to come, etc. A " : A etc. victorious answer has the assembly Concerning Bil am, the elders of Moab. and Midian, One 265-340 always occupy himself with the Torah and divine command ments, even not for the sake of Heaven, as finally He will come to do so shall His own sake, etc. The caution that Achiyah, the Shilonite, gave to them than the blessings that Bil am has given to them. And Israel dwelt in Shittim." Everywhere such an expression is to be found it brings infliction, etc. I saw the record of Bil am, and it was writ ten therein thirty-three years was Bil am when he was killed by Pinchas, for Israel better for is " One the murderer. shall not bring himself into temptation, as David, king power of a trial and stumbled. Six months of Israel, placed himself in the was David afflicted with leprosy; the Shekhina left him, and the Sanhedrin separated themselves from him. Exclusion shall always be with the left hand, and inclusion with the right hand i. e., if one is compelled to repudiate some one, he shall do it easy as with his left hand, etc. Concerning David s Bath Sheba sin with MISHNA //. 340-350 The generation of the flood have no share world to in the come, and are also not judged, etc. Concerning the generation of disper Noah was just, a per sion, men of Sodom and Gomorrah, etc., pp. 350-355: " fect to man in his generation;" in his generation, but not in others. Resh Lakish: In other generations. great, etc. dispersion." his generation Eliezar, the servant of not to strengthen a quarrel, " etc. money which makes one desert has no share," etc, of And Korah. all stand on his ///. " feet. Isaiah, on their Sodom all feet," The generation Eliezar, however, said, they have, etc., . he can means of the 350-362 . Say the reverse, even he to the Gehenna. It hap was in Alexandria of Egypt, and I found a certain old me: Come, and I will show you what my great-grand have done to yours, etc. Concerning Shebna and his society, ref. viii-12. Adam was created on the eve of Sabbath. And why? pened once that fathers One must do ... Your saying is not satisfactory to their creator. who has studied but one law does not belong Gentile " the crimes of the TO IV The ten tribes who were exiled will not be returned, From what age has a minor a share in the world to come? 362-363). MISHNAS etc. (pp. Abraham, questioned Shem the etc. The generation of Shem the great questioned Eliezar, What had they done ? What were Concerning the congregation ites ? the According which was wicked, so much the more in who I said to SYNOPSIS OF SUBJECTS. The Minnim xxiii At the time the Lord was about shall not say, etc. to create He created a cactus of angels, etc. Every place where the Minnim gave their wrong interpretation the answer of annulling it is to be found in the same place e.g., p. 370. The discussion with R. Gamaliel and other a man, " My rabbis, pp. 372-376. to sing?" It reads [Ob. cerning Edom." i. creatures are sinking into the sea, and ye want "The vision of the Lord con . i] : . Obadiah was an Edomite-proselyte. And . what people taken from the wood this is say that the handle of the hatchet to cut the forest is of the same forest. "After these things." After what? [Gen. xxii. i] After the words of the Satan, etc. According to Levi, after the exchange : " of the words between Ishmael and Isaac, etc., MISHNA IV. The men of a misled town have no come (the Halakhas in detail, 378-383). Concerning 362-378 share in the world to the key of rain, which one of the three keys which are not to be transferred to a messenger, Elijah, too, in the days of Achab, etc., 378-385 is SYNOPSIS OF SUBJECTS OF TRACT MACCOTH CHAPTER (STRIPES). I. MlSHNA /. TO X. How should witnesses be made collusive ? There are another sort of witnesses who are not subject to the punishment of collusive ness but who are to suffer stripes instead. Where do we find a hint in the Scripture that collusive witnesses shall be punished with stripes? There are And they are not sold as four points concerning collusive witnesses, etc. He shall be sold for his theft, but not for Hebrew slaves. As it reads " : his collusiveness." mean We ? A collusive witness pays his share. testify that so and so has divorced his wife amount mentioned in her marriage contract, etc. We owes to his neighbor a thousand zuz, etc. If one says I What does this and has not paid the testify that so and so will make you a loan with the stipulation that the Sabbathic year shall not release me, it neverthe If one loans money to his neighbor without a fixed term of less releases. We return, he has no right to demand it before the elapse of thirty days. and so owes 200 zuz to his neighbor, and they were found To a negative commandment that does not contain manual collusive, etc. testify that so The labor, stripes does not apply. fine of money may be two divided into or three shares; however, this is not to be done with stripes. Witnesses cannot be made collusive unless the falsehood lies in their bodies. A woman once brought witnesses, and they were found false. She then brought another party, who were also found false she then brought another party, Because she is suspicious should all Israel be suspected of testifying etc. ; falsely ? Collusive witnesses are not to be killed unless the sentence of capital punishment for the defendant is rendered. There is no punishment on the ground of a fortiori conclusions. May I not live to see the consolation of our nation, if I have not killed a collusive witness for the purpose of remov ing from the mind of the saducier, etc. The verse punishes one, an accom who conjoins himself to transgressors with the same punishment, etc. And we may learn from this that so much the more will he who conjoins himself to those who are engaged in meritorious acts, be rewarded, etc. plice ; no capital punishment, unless two witnesses have warned this cul both of the witnesses have seen him who warned them, they are con sidered conjoined. The court of Sanhedrin is to be established in Palestine There prit. is If ............ as well as in the countries outside of small ones, it. In the large cities bu not in the 1-14 SYNOPSIS OF SUBJECTS. juv CHAPTER MlSHNA TO The 7. The V. II. following are exiled, he act of one who thought who kills a person unin such is allowed is not to be considered an accident, but almost intentional. If one has climbed a ladder and the step under him broke and killed, one Boraitha declares him guilty, One threw a lump of If the iron of a hatchet slipped off and killed. etc. What brittle stone at a date tree, and the dates fell off and killed (a child). If one throws a stone in is considered second force according to Rabbi ? a public ground and it kills, he is to be exiled. The punishment of exile tentionally. that attaches but to a private set. Is hewing wood always considered a private All kinds of human beings are exiled when they killed by accident affair? A heathen father is exiled if he killed his son accidentally. be exiled or punished with stripes through an Israelite and A stranger or an idolater who has killed even unintentionally is vice versa. "For he is a put to death. Only then when, thinking that such is allowed How is this to be understood ? Because he is a prophet she has prophet." an A Israelite. or a slave to is ; be returned, but if a layman, she would not, etc. Exile does not apply to a blind one. An enemy is not exiled (as such a punishment does not suffice). then he is If the rope to which the man s instrument was attached, broke to exiled ; but the instrument slips out of his hand, exile is not sufficient. To the cities of refuge, etc. They were to be exiled ? if Whither are they also obliged to prepare roads from one city to the other. Formerly all murderers, accidental as well as intentional, used to flee to the cities of refuge, etc. become a city of workers of wickedness," etc. What does mean ? The city of refuge must neither be too large nor too but middle-sized ones. Be situated in places where there is water and "Giliad is this expression small, markets. If expression, moral because the exiled, his master is exiled with him means you shall supply him with the sources of He who loves the abundance of scholars possesses the fruit of a disciple "and life. is learned knowledge. I leagues, and still ; live," much from my more from my masters, more, however, from my col The Holy One, blessed be He, disciples. appoints them into one inn, and he who had killed intentionally is placed under a ladder, while the other, who killed unintentionally, descends the .... and kills him. According to one he wrote only the eight verses, And Moses died," etc., which begin with. 14-28 MlSHNA VI. TO X. There is no difference between the high priests who were anointed with the holy oil, etc. Therefore the mothers of the priests used to support the murderers with food and clothes, etc. It is counted as a sin to the priest who should pray that no accident might happen in that If a sage has put some one under the ban conditionally, etc. generation. The forty years during which Israel was in the desert, the remains of Judah were dismembered in his coffin until Moses prayed for him, etc. If after the decision has been rendered, the high priest dies, he is not exiled, etc. If it happens that a murderer goes outside of the limit, etc. What has the high priest done that the murderer s fate should depend upon his death ? steps, falls " . Joab erred twice in so acting : (a) he thought that the horns of the altar The cities of refuge are not given for cemeteries. If one protect, etc. killed accidentally in the city of refuge, he is to be exiled, etc. If a murderer SYNOPSIS OF SUBJECTS. was a exiled, the townsmen like .to honor him, he has xv them to say to " : I am 28-34. murderer," CHAPTER III. MlSHNA 7. TO V. To the following stripes apply Crimes under the category of Korath, as well as under that of capital punishment, are also punished with stripes if they were so warned. To a negative command, : is preceded by a positive one, stripes apply. The culprit does not R. get stripes unless he abolishes the succeeding positive command. Simeon b. Lakish, however, differs, and says He is free from stripes only when he has fulfilled the succeeding one. He who took the mother-bird which : with her children gets, according to R. Jehuclah, stripes. It happened with who struck too much the children, and R. A ha excom a children teacher Rabbma, however, returned him because he could not find good a teacher. Stripes also apply to him who partook of the first fruit before the ceremony of reading was performed. If a positive succeeds a A stranger who had consumed sin and trans negative, no stripes apply. gression offerings before their blood was sprinkled is free from any punish ment. Concerning the first fruit, placing it in the temple is the main thing, and not the ceremony of reading. The culpability for second tithe arises only after it has seen the face of the wall of Jerusalem. He who makes a baldness in the hair of his head, or rounds it, etc., is liable. The culpability municated him ; as arises only, then, when he took it off with a razor. of the bald spot which would make him culpable ? What If should be the size one made an incision is culpable. For dead he is culpable at all courts whether by hand or instrument. The culpability for etching-in arises only when he has done both, wrote and etched-in with dye, etc. A Nazarite who was drinking wine the whole day is culpable only for one negative. There is an instance that one may plough only one bed and shall be culpable for with an instrument he eight negatives. MlSHNA The number of stripes is The examination as VI.-IX. forty less one, to the number of stripes . . 34-47. he can must be such that can be equally divided by three. one commits a sin to which two negatives apply, etc. How is the punish ment with stripes to be performed ? The striker strikes him with one hand so that the strokes shall become weaker. If, after he has been tied, he suc ceeds to run away from the Court, he is free. As he was already disgraced, he is not taken to be disgraced again. The Lord wanted to make Israel At three places blissful and therefore he multiplied to them his commands. receive and remain alive If the Holy Spirit appeared. At the court of Shem, etc. Six hundred and commands were said to Moses, etc. Isaiah reduced them to six. Michah came and reduced them to three. Isaiah (the second) again reduced thirteen them one. to two. "Seek "Keep ye justice and do equity." ye for me, and ye shall live," Amos reduced them to 47-56. APPENDIX. He who ing, finally, dogs, speaks ill of his neighbor, he who listens to such evil-speak he who bears false testimony deserves to be thrown to the 47-56. SYNOPSIS OF SUBJECTS OF TRACT SHEBUOTH CHAPTER MISHNA 7. (OATHS). I. There are two kinds of oaths which are subdivided into four. pending. How is this to be understood? If it does not atone, what is the use of making it pending? It means, i.e, if the trans gressor dies then it may be considered that if he dies before he becomes aware of it, this sin is not reckoned to him any more. Said Rabha to him: In case he dies, the death itself completes the atonement; it is the he-goat The he-goat makes it " him from chastisement before he becomes aware by making that saves pending. it All the above-mentioned persons are atoned for by the exported Such is he-goats for all other transgressions without any difference, etc. the custom of the divine attribute of justice, that the righteous atone for the wicked and not that the wicked atone for another wicked, 1-16 . CHAPTER II. MISHNA four. only, /. The cognition of uncleanness is of two kinds subdivided into The courtyard was sanctified with the remains of a meal-offering in order to make it equal to the City of Jerusalem itself, etc. The orchestra of the thanks-offering consisted of violins, fifes, trumpets on every corner as well as on every elevated stone in Jerusalem, and used to play, etc. was taught, R. Huna "All the details in the Mishna were essential one enters a leprous house backwards, although all his body was already in the house except his nose, he remains clean. And ye shall separate the children of Israel from their uncleanness," whence you derive the warning that the children of Israel should separate them selves from their wives near the period of menstruation, etc. If there were two paths one of which was unclean (but it was not certain which one), and one passed through one of them entering, etc. 17-26 It in the construction, etc. says: If . CHAPTER . III. MISHNA I. TO VII. There are two kinds of oaths subdivided into four. sweat that I will eat, or I will not eat, etc. Where do we find that one must bring an offering for mere talk, as this one does talk and brings an What is Issor mentioned in the Torah? If one says: I take offering. upon myself not to eat meat," etc. Vain (Shakve) and false (Shekker) are identical. Stripes apply to all negatives of the Torah implying manual labor, but not to those without manual labor, excepting, however, an oath. There is a moth, which is but a minimum in size, and yet one is liable for I " SYNOPSIS OF SUBJECTS. vi I swear that I will not eat, and thereafter eats and drinks, he it. guilty but once. I will drink neither wine, oil nor honey, and then drinks, he is guilty for each severally. If he swore not to eat and thereafter ate consuming is carcasses or illegal cattle, reptiles and vermin, he is guilty. R. Simeon declares him free. The reason of him who holds that one is liable for an is that he compares it to an additional prohibition. It is im material whether the things sworn off concern himself or others, whether they are or are not of some essential nature. One is guilty only for an oath made with reference to the future, etc. I swear that I know something inclusion to testify for you, and it is found hereafter that he knows nothing, etc. There is a rule that, if to something that was included in the general a To applied, only by the new one must guide one s self, etc. As it happened to R. compulsion what could illustrate this? Kahana and R. Assi after the lectures at Rabh s college, etc. Suppose one swear not to eat this bread, and then he is in danger if he does not If one swears to ignore some commandment and eat it, how is it, etc.? does not carry out his oath, etc. If one says I swear not to eat this bread, in case I eat the other, etc. Which is false swearing? If one swears that something is different from what it is known by everybody to be. The new law be exclude ........... provisions regarding uttered swearing apply to males, females, to kindred, non-kindred, etc. 27-46 CHAPTER IV. MISIINA I. TO VI. The witness-oath applies to men but not to women, to unrelated but not to kindred, etc. If a scholar was aware of a case, but it was a humiliation to him to go to that particular court he may remain at home, etc., concerning civil cases only. The many things inferred from Exod. xxiii. Keep 7. thyself far from a false speech. How does a witness- oath come about? If some one said to two, etc. If there were two parties of witnesses and both denied successively, etc. There is also a case concern ing a witness who refuses to testify to the death of a husband, etc. If one of them denies and the other confesses, etc. I adjure you that you come and bear me witness, that I have in the possession of so and so, etc. I adjure you to testify that so and so has spread abroad an evil name on my We swear that we know nothing for you, while in reality daughter, etc. they do know, etc. I adjure you, I impose upon you, I bind you (by oath) If one writes Aleph Lamed (the first letters from etc. must not be erased, etc. All the divine names found in the Torah in connection with Abraham are holy, etc. Amen embraces oath, acceptance and confidence, etc. Nay means oath and yea means also an R. Kama, while sitting before R. Jehudah, repeated the Mishna oath, etc. in its own language, and he said to him: "Change the language and use so they are guilty, Eloim), it etc. in the third It person, .......... CHAPTER 46-65 V. MISHNA /. TO VI. The depository oath concerns men and women nonkindred and kindred, those fit to testify and those unfit, etc. What is the law, when one has intentionally made a depository oath in spite of a warning, If the depository claims that the is he liable to a sin-offering or not? SYNOPSIS OF SUBJECTS. vii deposit has been stolen from him, swears, but thereafter confesses, etc. If one denies money when there are witnesses, he is subject to an oath, but How is it if five persons claim the is free from such if there is a document. four articles and he says to one of them I swear that thou hast not with . me a deposit, etc., and not thou and not thou, etc. 66-74 . CHAPTER . VI. MISHNA In the case of an oath before court, the claim must I. TO III. two silver, and the confession to one peruta, etc. If one requires movables and real estate, and the other admits movables but denies real estate or vice versa, he is free. etc. One must stand when taking the oath; a scholar, however, may do it while sitting. An oath taken by one before the court must be uttered in a language he understands, and the court must say to him the following introduction. Be aware that the whole world was trembling when the Lord spake on the Mount Sinai: "Thou shalt not bear the name of the Lord thy God falsely." I have with you a gold dinar in Nay you have with me only a silver dinar, he is liable. If one was gold. about to claim wheat, and the defendant hastened to confess barley, etc. What is the difference between a biblical and a rabbinical oath. I have a amount to mana with you. Yea, you shall not return it to me without the presence In another case one demanded a hundred zuz, etc. of witnesses, etc. You are trusted so long as you will say that borrower said to the lender: A " have not paid you"; thereafter he paid him in the presence of witnesses, One does not swear to the following: To slaves written documents, etc. One swears but to things capable of being measured, weighed and counted. How so? If one lends to his neighbor on a pledge, and the pledge got lost, If one lends to his neighbor 1,000 zuz, and pledges them the handle etc. I etc. of a scythe only, etc. 75-93 CHAPTER MISHNA pay. etc. /. Give already, etc. VII. All those who are subject to a biblical oath swear and do not me change for a dinar. Give the dinar. I have given it to you You have hired me for two zuz to repair something, while the employer says that he hired him only for one zuz, etc. If witnesses saw one concealing utensils under his garments when coming out from a house, and he claims that he had bought them, etc. The oath returns to its place the Mount Sinai. If there were two parties of witnesses contradicting each Let the master con other, each party may appear and testify for itself. It once join with us in nullifying the statement of Rabh and Samuel. happened that B, who had borrowed money of A through a surety and on a document died, etc 93-105 CHAPTER MISHNA and oath hirer, I. There are four kinds etc. liability to free, etc This is liability, VIII. of bailees, gratuitous, on hire, borrower tends to commutate, by his unliability to unability, or unability to liability is Appendix, 106-108 the rule: "Whoever SYNOPSIS OF SUBJECTS OF TRACT ABUDA ZARA CHAPTER. MISIINA /. Three days before the bidden to have any business with them. the Holy Scroll and receive his After Rome in hand, saying, reward." "He (IDOLATRY). I. of the heathen, it is for In the future the Lord will take festival who was occupied The kingdom has departed, Persia enters, of Rome etc. We will with it shall appear then enter first, etc. have constructed many bridges, conquered many great cities, we were engaged in many wars, all for "Have we then the sake of Israel to enable them to study the law, etc. Gentile accepted the Torah, and not fulfilled its commandments? " who A occupied with the study of the law is likened to a High-priest, etc. Lord of the Universe, has then Israel, who has accepted the Torah, Men of ye nations may come and testify that Israel has observed it? observed the Torah. Nimrod may testify, etc. There are twelve hours in a is " " " day, three hours of which the Lord is occupied with the Torah, etc. There is no smiling by the Lord, since the temple was destroyed. But in the fourth three hours He teaches, etc. There is no Gehenna in the future. But the Lord If not for the fear will take out the sun from its sheath, etc. government the stronger would swallow the weaker, etc. Concerning the explanation of (Amos, iii. 2) said R. Abuhuh, I will do it in the form of a parable. There was once a creditor of two persons, one a friend and the other an enemy of his. It is advisable for one not to pray singly the addi for first day of new year. When one performs a meritorious act in this world it precedes him in the world to come. "Three days," etc. Is such a long time needed? is this forbidden because a Jew must not interfere with the idols, or because Thou shalt not The prohibition to do business with them ? put a stone for the blind refers only to a thing which can be kept in good order until the festival day. It is advisable for one to always arrange the praises of the Ominipotent first, and thereafter to recite the daily eighteen benedictions. The following are tional benediction in the first three hours at the " " the festivals of the heathens: Kalends, Saturnalia, Kratsin, etc. Adam the first, on the first day of his creation, when he saw the sun set, cried: "Woe is is to be returned to chaos, etc." Thirty-two battles the fought with the Greeks, etc. Twenty-six years the Romans kept their to me, the world Romans SYNOPSIS OF SUBJECTS. vi promise counted. to Israel, The twenty-six years are not failed. continue for six thousand years, the first two and thereafter they The world will thousand of which were a chaos (Tahu), etc. It happened with Antoninus (See the whole legend, pp. (the Caesar of Rome), who said to Rabbi, etc. Unklus b. Klenimus embraced Judaism, and the Caesar sent militia 16-18). to take him, etc. (See the legend, pp. 18-19). There was still another festi val in Rome which occurs once in seventy years, on which they would make 1-21 a well man ride on a lame man, etc MISHNA IV. In a city where the idol is placed, interfering is forbidden If, inside, but not outside. during an idol festival in the city, some stores were there decorated, one must not buy, etc. The following are for bidden to be sold to the heathens; Fir-cones, etc. We have a tradition that the tract Aboda Zara of Abraham the patriarch contained four hundred chap Where it is customary to sell small cattle to heathens it is lawful ters, etc. One must not sell to them bears, lions, and all such things, by to do so, etc. which the people can be injured, etc. I walked in the upper market of Ciporas, and I met one of the minim, named Jacob, of the village of Sac- So taught Josa B. Southyra, etc. (See foot-note, p. 27.) The legend Durdaya (28). The leech hath two daughters (crying), Give, give," i.e. minunism and the government, which are never satisfied, Raba sold an ass to an Israelite who was suspected of selling it to a etc. hania. of Eliazer ben " He who occupies himself with the Torah, but does not observe etc. bestowing of favors, is similar to him who denies God. The Legend of Eliezer b. Sarta and Chanina b. Tradion when captured by government, How Chanina was burned together with the holy scrolls, and p. 29, 30. what became of his wife and daughter, p. 31, 32. The redeeming of latter by R. Mair (Baal Hanes), p. 33. Happy is he who conquers his evil spirit, as a heroic man, etc. It is advisable to divide one s years into three parts: one-third for the study of Scripture, the second Mishna, and the third Tal mud, etc. R. Aqiba when he saw the wife of Tornus Rupers, he laughed and wept, etc. Houses must not be rented to the heathens in Palestine, etc. One must not rent his bath-house to a heathen, but how is it to a Samaritan? heathen, etc. ...... ... CHAPTER MISHNA /. Cattle foot-note, p. 41.) 21-40 II. must not be placed in the inns of the heathens. (See the cows went straight forward," etc. What does "And this expression mean? written in the book of It reads (Jos. x. 13): And the sun stood still, Yasher? One must not stay alone even with two women. If an Israelite while on the road, happened to be accompanied by a heathen, etc. One must not confine a heathen because she brought up a person to idolatry, etc. A city in which there is no Jewish physician, but a Samaritan and a heathen, the heathen shall circumcise and not the Samaritan. One may employ their (the heathens ) services for curing his personal property, etc. Ben Dama was bitten by a snake, Jacob come to heal him with the name of Jesus, but R. Ismael did not allow. With R. Johanan it is different, as he himself was an established physician. Medicines and other remedies for different sickness by different men and women, on pp. 50-53. The following things of the Yasher." What is the book of SYNOPSIS OF SUBJECTS. vii heathens are prohibited, and the prohibition extends even to the deriving No benefit is to be of any benefit therefrom viz: wine, vinegar, etc. derived from the dead. Samuel and Ablat, the latter who was a heathen, were sitting together, and cooked wine was brought for them, etc. To fermenting wine no uncovery applies. One, must not pour water which has been uncovered, in the public streets, and also not water cattle with it. The sages forbid date-beer of the heathens, as a safeguard against inter marriage. The sick heathens who become swollen, and whom uncovered water does not harm, surely ate reptiles, so that their bodies contain A poison which prevent the harming effects of the snake-poison. heathen pilgrim is prohibited only when on his way to the idol, etc. Enamelled vessels, no matter what color, are permissable. Fish oil made by a heathen specialist is permissable. Why did the sages forbid the cheese of Anugiki? Sweet are to me the words of thy friends (the sages who are explaining the law), more than the essence of the Torah. Compress your lips, one upon the other, and hasten not to propound ques tion, MISHNA V . The following 41-65 are prohibited, but not from deriving benefit is the reason for the prohibition of milk? etc. from them: Milk, etc. What oil, Daniel has decreed the prohibition according to Rabh, etc. To everything which is not served on the table of noblemen to relish the cooked by a heathen does not apply. All that bread, the prohibition of may be eaten in a raw state, may also be eaten when cooked by a heathen. The sea-donkey is allowed, but not the sea-ox; and you remember this by the following mark: the unclean (on earth?) is clean, while the clean is unclean. We are to trust the wife of a scholar as we have trusted her husband. Meat, wine, blue wool that are to be forwarded through a heathen, require each two seals. The following things are allowed to eat, milk milked by a heathen in the presence of an Israelite, honey and honeycake, etc. Fish entrails as well as fish-rye you may buy only of a specialist, If the vender says, I have pickled the fish and know them to be clean, etc. he is trusted. Praised be the Omnipotent, who puts this world in the hands Concerning " " of guardians! .... ...... CHAPTER MISHNA at least hand /. TO VI. once a year. of the idol. for the 65-81 III. All images are prohibited, for they are worshipped The bird in its staff in the hand of the idol. The Finally, the sphere is to indicate that it sacrifices itself If one finds fragments of images, he is allowed to whole globe. It is taught that a heathen can profane the idol of his use them, etc. fellow heathen as well as his own, while an Israelite cannot profane the idol If one finds vessels with the image of the sun, moon, etc., of a heathen. he must throw them into the salt lake. The human image and that of a nurse are, however, prohibited only when having respectively a measure in One may grind the hand and a son in the arms whom she is nursing. the images and scatter them to the wind, or sink them into the sea, etc. Peroklas, the son of a philosopher, asked once R. Gamaliel at Ako, who was then bathing in the bath of the goddess Aphrodite, etc. R. Gamaliel gave Peroklas an evasive answer; but I (Kama) say it was not evasive, etc., etc. SYNOPSIS OF SUBJECTS. viii The mountains and hills worshipped by heathens are allowed to use, but not the things, brought upon them, etc. Wherever you find a high mountain, an elevated hill, a leafy tree, there is surely an idol there. A town or place bearing the name of an idol should be renamed. If stones absolved fortuitously from a mountain rock, that was worshipped, is their use allowed or not MISHNA ? . . . TO XV. crumbles down, . . 82-96 . house situated, close by a worship-house of an idol its owner is prohibited from rebuilding it, etc. There are three kinds of houses. There are three kinds of stones. There are three kinds of groves, etc. What is a grove? A tree with an idol under it. R. Simion said: "Any tree that is worshipped. It is not allowed to sit down in the shade of such a tree." Under such a tree is allowed to sow VII. If a herbs in the winter, but not in summer, etc. obtained from an idol-grove is prohibited. tree profaned, etc.? To derive any benefit of wood is the idol worship of a ........ CHAPTER How 96-103 IV. MISHNA 7. TO VI. Three stones near one another and beside the Merkules are prohibited. The son of the saints treads on them, should we abstain thereform? Who was this son, etc.? One is not liable for slaughter ing a blemished animal to an idol, etc. Money, garments, utensils found on the head of an idol are allowed, etc. The use of a garden or bathingIt is common place belonging to an idol is allowed when it is gratis, etc. sense that that idol of an Israelite should be forbidden from the very beginning, etc. Whether or no food offered to an idol, if profaned, loses There was a pantry in the temple, where the thereby its defilement? Macabees heaped up the stones of the altar defiled by the Greeks. A heathen can profane his idol as well as that of his neighbor, etc. How is an idol to be profaned? If an Israelite erects a brick to worship it, but does not worship, and a heathen comes, and worships it, it is prohibited, etc. An idol anbandoned by its worshippers in time of peace is allowed. My respect for Rabh and Samuel is so great that I should readily fill my eyes with the ashes of their corpses; none the less, etc. An animal resting in the proximity of an idol becomes unallowable, etc. The animal obtained bidden ........... by the idol-worshippers in exchange for an idol is for 103-119 MISHNA VII. TO IX. If God is displeased with idol-worship, why does he not destroy the idols, etc.? If the heathens worshipped but things not need ful to the world, He would surely annihilate them; but they worship the sun, moon, stars and the cured by the idols planets. How is it that so many cripples are temples? If one comes to defile himself, the door is opened to him, while when one comes to cleanse himself, he is It is forbidden both to tread and to gather with an Israelite, supported. who prepares the wine while he is unclean, etc. They further warned against contributing toward the conditions defiling the fruit in Palestine, etc. It once happened that an Israelite and a heathen jointly hired and worked a wine-press in the City of Nahardea, etc. A heathen once hap pened to enter the house of a Jewish wine-seller, etc. R. Johanan b. Arza and R. Jose b. Nehorai were once sitting together indulging a little in in their SYNOPSIS OF SUBJECTS. wine, when man came a by pouring water into Does Whether it in, etc. it? ix a heathen render the wine prohibited allowed to hire a heathen for con is veying grapes to the wine-press of an Israelite, etc.? A heathen stand ing near the wine reservoir renders the wine forbidden, provided he has a lien on it, etc. If an Israelite, who has cleansed the wine of a heathen, left it on the When latter s premises, etc. in the courtyard of a heathen, etc. It and Israelite buys or rents a house once happened that Israelites bought of Sarsik, the viceroy, the grapes of a vineyard, etc. CHAPTER . . 119-134 . V. MISHNA 7. TO V. The wages of a laborer hired by a heathen to work with him, wine for libation are prohibited. How is it when the heathen hires a Jewish laborer to prepare wine in general? Whether or no the use of the money obtained by a heathen from the sale of an idol is all for heathen settled down in the land of Israel, on having taking upon himself not to practice idolworship only, etc. "Jews in prospect such pleasures in your paradise? Do you really mean," said the other, "that there are greater pleasures than this?" If offered wine he poured on grapes, etc. In the case when beer vinegar was intermixed with wine vinegar, or oaten yeast with wheat yeast, etc. The rule is: prohibited thing renders another one forbidden," etc. It once happened that a mouse was found in a barrel of beer, and Rabh pro hibited the beer. Wine known as being watched, is allowed when trans When an Israelite leaves his ported from place to place by a heathen, etc. wine in the wagon," etc. Jewish wine was once stored up in a house, where a heathen and an Israelite lived in the lower and upper floors, respectively, etc, An Israelite and a heathen were once at an inn sitting and drinking wine, etc. In the city of Sumbeditha thieves once intruded into a He who house, etc. When an army enters a town in time of peace etc. Rabh told the sells his wine to a heathen is allowed to use the money, etc. Jewish wine-dealers to have their heathen customers pay in advance, etc. Once an Israelite said to his neighbor: "When I make up my mind to sell Later on he sold it to a third party, etc. this field, I will sell it to you." bidden to an Israelite. Can a citizen-proselyte, a "a " An Israelite once said to his neighbor: this field, I will sell it to you for a "When hundred I make up mind suz, etc. If to sell the funnel was used to measure through it into the heathens flask, etc. Devoted wine prohibited, and renders unallowable even by a minimal quantity. If for first is bidden wine falls into a reservoir, and simultaneously a pitcher of water, etc. This is the rule: "When the two are of the same kind; a minimal For how long must the utensils remain glowing in quantity suffices, etc. A knife is cleansed even by grinding fire, etc. " it." SYNOPSIS OF SUBJECTS OF TRACT HORIOTH CHAPTER MISHNA TO (DECISIONS). I. had decreed the transgression of prescribed in the Torah, an individual guided by this decree acted erroneously, etc. If upon issuing the decree the court becomes aware of its being conceived in error and retracts, and mean one of all 7. the V. If, after the court commandments while an individual commits a transgression upon their decree, etc. If while the court was deciding, one of its members who perceived their error drew their attention to it, etc. If causing the whole people to act erroneously, etc. If upon the erroneous decree of the court the whole people, or its majority, ........... acted, etc., CHAPTER 3-12 II. MISHNA 7. TO VII. If an anointed priest has erroneously rendered an unlawful decision against himself and acted accordingly by mistake, etc. If he (the said priest) both decided and acted for himself, etc. The court is not liable unless the issued decree concerns Korath and sin-offering It is also not liable for a decree concerning a command or respectively. a prohibition with regard to (polluting) the sanctuary. There is no liability when the decree concerns an adjuring challenge to testify, a hastily made vow, etc. Concerning a ruler and the high priest s offerings for their ...... sin, CHAPTER MISHNA An 13-18 III. anointed priest who has sinned and was removed they were appointed to their respective positions after they had sinned, etc. Who is the anointed priest? He who was con secrated to priesthood by the holy ointment, etc. The high priest rends his garment from below; the common priest, from the top, etc. What is more common precedes the less common. The man has the preference over the woman, etc. In captivity his master has the preference over his father. His mother, however, has the preference over all. The following precede one from 7. TO VII. his office, etc. If iii iy SYNOPSIS OF SUBJECTS. another in order of arrangement, etc. Why does the dog know his master, Five objects are cat does not? Why do all reign over the mice? conducive to one s forgetting his studies, etc. Five are apt to strengthen one s memory, etc. The following ten objects are cumbrous to one s studies, and the When the prince enters, all the people present in college rise to their without again taking their seats until he tells them to do so. When the chief justice enters, the people occupying two rows of seats facing The legend which happened to Raban Simon b. the entrance rise, etc. Gamaliel with R. Mair and R. Nathan. How the latter were removed from the college. An erudite scholar and a dialectician, who has the preference? . How Abaye rose to be the chief of the College of Sura, . 18-29 etc. feet, . ^ u jj stg >S sS^^-S =5 a ENDORSEMENTS REV. DR. B. Szoi.u, Rabbi of the " Cong. Oheb for Shalom," fore Baltimore. I BALTIMORE, Jan. M. Rev. Hebrew happening me L. scholar 16, 1895. Rodkinson, a renowned .of repute and ability, to be in Baltimore, called on in connection with his project of edit ing his work to be Short Talmud." known He as the laid " Ancient before it seems as if the waters of the from of flow directly me a it their source, Talmud and there with the sincerest pleasure that the work will meet with the is hope greatest success. Every scholar will readily understand the necessity of such an admirable work when at the present time, Talmud the study of the voluminous shape will not, without deep and difficult study, infuse in its the student with a intricacies and of all knowledge fine its In the Tal points. sheets of the mud as formulated and abridged by Mr. and the whole of Rodkinson, however, where all unneces the treatise "Sabbath" in manuscript, sary repetitions and dispensable debates and asked me to read with an eye of a are discarded, the student will be able to critic his work, to the end that if it ap gain a fair knowledge of all desirable and number of " treatise peared to Hebrew proof Berachoth me merit and its / very the " valuable its I should testify to carefully read sixteen chapters of MS. of treatise attractive points at the cost of very little time and trouble. purpose. " Sabbath" fords me the greatest pleasure and it af to state that These considerations have constrained me to tions, overstep and to my beg well-defined all limita friends of our na I not only conscientiously consider the work tionality and its estimable old literature of extraordinary merit and value at this to encourage and aid this able author to time, but that I was exceeding pleased to the end that success may crown his valua find that the editor has careftilly arranged ble and much desirable efforts in this the text and of the Talmud most consecutively direction. Let logically. He facilitates the reading of the Tal mud considerably on account of this ex tribute of this righteousness be a mine to truth testimonial for and the- coming generations of the high esteem The com felt by our contemporaries of the igth mentary of Rashi was also arranged to century toward the Talmud and our na meet the requirements suiting this edi tional traditions, and how ready we were tion, and the editor has not added any to encourage those who made the Talexplanations of his own, nor altered the mudical study the aim of their existence. With the assurance of the satisfactory wording of the text. Although the contents of the Talmud results -which -will obtain to all Talmudiwere familiar to me from my youth, yet cal students by a perusal of this abridged cellent orderly arrangement. this new arrangement made delightful The reading and brought new light. reader can now read the text intelligently, Talmud, 1 am, very respectfully, B. Szoi.n. I also consider an of the Talmud. REV. DR. M. JASTROW, edition of the Talmud, while Rodelph Shalom Cong., of abridged omitting the many interpolations which Philadelphia. tend to confuse the reader and facilitating GERMANTOWN, Oct. 5, 1894. the study by the addition of modern DEAR SIR punctuation marks, would render the At your request I take pleasure in reading of the difficult passages a pleas " " Rabbi of : stating my opinion that your planned edition of an abridged Talmud will be a great benefit to students, who will be spared the wading through the intricate discussions frequently interspersed with out direct bearing on the subject treated. ure rather than a task, a benefit for the scholarly world, both Jews and Gentiles, and I can only recommend the work to the support of generous-hearted patrons of our so little subsidized Jewish litera ture. DR. K. KOHLER. An English translation of the book so abridged will then be, though not an easy, yet a possible labor. Wishing your enterprise the cess it deserves, I am, full suc To Michael L. Rodkinson. REV. DR. FELSENTHAL, Rabbi of the Cong. Zion," of Chicago. " Very respectfully yours, M. JASTROW. To Mr. CHICAGO, Feb. Michael L. Rodkinson. New York DEAR The PROF. DR. M. MIELZINER, SIR fact cannot be denied that the it has been handed us, is very voluminous, Having perused some advance sheets Talmud edition which Mr. Michael L. Rodkinson is about to publish, I find his work to be very recommendable. Such a Talmud edition, of a part of the abridged all unnecessary digressions and disturbing interpolations are judi ciously omitted and in which the text is which City. : Talmud, as of Cincinnati. in 14, 1895. MR. MICHAEL L. RODKINSON, and down to that, further more, by the intricacies of the dialectics prevailing therein and by the labyrinthical methods pursued in the same, it can not be fully mastered except by scholars who devote their lives, their days, and their nights almost exclusively to the study all of this provided In our present times and in countries where of necessity all students, rabbis in with marks, will punctuation greatly facilitate the study of the Talmud, especially for beginners. I trust that the friends of our ancient literature scholar, will liberally and enable him support this to complete this useful work. Dr. H. U. College. CINCINNATI. REV. DR. K. KOHLER, Rabbi of the Cong. Beth-El," of " NEW I SIR YORK, Feb. cluded, have to pursue other branches of learning also, such an exclusive devotion to Talmudical studies is out of the ques For the majority of the students, and especially for those who, in colleges tion. abridgment by which the more important parts of the Talmud would be contracted compass and many of its would be avoided will be very desirable, especially if by the inserting of punctuation marks into the text and by explanatory notes at the bottom of its pages or at the end of the various volumes into a narrower New York. DEAR literature. or in other ways, begin to study the Tal mud, an abridgment of the same such an M. MIELZINER, Prof. grand branch of ancient 12, 1895. : gladly and heartily endorse the opin by Prof. Lazarus and the ion expressed Rev. Drs. Jastrow, Mielziner, and Szold, as to the merits of your planned edition difficulties the reading and the understanding of the Talmudical extracts will be facilitated. / would recommend therefore your in tended publication of an epitomized Tal10 mud to all friends ofJewish literature in general and to leges students of Theological Col And may the wealthier especially. ones among our coreligionists, even if they themselves are personally unable to read and enjoy such literature, neverthe and less patronize your great undertaking follow the example given by the wealthy merchants among the Zebulunites who supported the less wealthy students of our sacred literature belonging to the tribe of Issachar. May you then succeed with an abridged in furnishing us Talmud in which espe pedagogical requirements of a work of this kind will have been satisfied cially the ! Respectfully, B. FELSENTHAL. I also consider an of the Talmud. REV. DR. M. JASTROW, edition of the Talmud, while abridged of Shalom Cong., Rodelph omitting the many interpolations which Philadelphia. tend to confuse the reader and facilitating GERMANTOWN, Oct. 5, 1894. the study by the addition of modern DEAR SIR punctuation marks, would render the At your request I take pleasure in reading of the difficult passages a pleas " " Rabbi of : stating my opinion that your planned edition of an abridged Talmud will be a great benefit to students, who will be spared the wading through the intricate discussions frequently interspersed with out direct bearing on the subject treated. ure rather than a task, a benefit for the scholarly world, both Jews and Gentiles, and I can only recommend the work to the support of generous-hearted patrons of our so little subsidized Jewish litera ture. DR. K. KOHLER. An English translation of the book so abridged will then be, though not an easy, yet a possible labor. Wishing your enterprise the cess it deserves, I am, full suc To Michael L. Rodkinson. REV. DR. FELSENTHAL, Rabbi of the Cong. Zion," of Chicago. " Very respectfully yours, M. JASTROW. To Mr. Michael L. Rodkinson. CHICAGO, Feb. DEAR The PROF. DR. M. MIELZINER, SIR City. : fact Talmud, as of Cincinnati. 14, 1895. MR. MICHAEL L. RODKINSON, New York cannot be denied that the it has been handed us, is very voluminous, and down to that, further Having perused some advance sheets more, by the intricacies of the dialectics Talmud edition prevailing therein and by the labyrinthi- of a part of the abridged which Mr. Michael L. Rodkinson is about cal methods pursued in the same, it can work to be very not be fully mastered except by scholars recommendable. Such a Talmud edition, who devote their lives, their days, and in which all unnecessary digressions and their almost exclusively to the study publish, I find to his nights disturbing interpolations are judi ciously omitted and in which the text is all with provided marks, will punctuation greatly facilitate the study of the Talmud, especially for beginners. I trust that the friends of our ancient literature scholar, will liberally and enable him support this to complete this useful work. Dr. M. MIELZINER, Prof. H. U. College. CINCINNATI. REV. DR. K. KOHLER, Rabbi of the Cong. Beth-El," of " NEW I SIR YORK, Feb. where of necessity all students, rabbis in cluded, have to pursue other branches of learning also, such an exclusive devotion to Talmudical studies is out of the ques For the majority of the students, and especially for those who, in colleges tion. or in other ways, begin to study the Tal mud, an abridgment of the same such an abridgment by which the more important parts of the Talmud would be contracted compass and many of its would be avoided will be very desirable, especially if by the inserting of punctuation marks into the text and by explanatory notes at the bottom of its pages or at the end of the various volumes the reading and the understanding of the into a narrower New York. DEAR of this grand branch of ancient literature. In our present times and in countries 12, 1895. : gladly and heartily endorse the opin by Prof. Lazarus and the ion expressed Rev. Drs. Jastrow, Mielziner, and Szold, as to the merits of your planned edition difficulties Talmudical extracts will I would recommend tended publication of 10 be facilitated. therefore your in an epitomized Tal- mud to all friends ofJewish literature in general and to students of Theological Col leges especially. And may the wealthier our coreligionists, even if are personally unable to themselves they read and enjoy such literature, neverthe ones among less patronize your great undertaking and follow the example given by the wealthy merchants among the Zebulunites who supported the less wealthy students of our sacred literature belonging to the tribe of Issachar. May you then succeed in furnishing us with an abridged Talmud in which espe pedagogical requirements of a work of this kind will have been satisfied cially the ! Respectfully, B. FELSENTHAL. SOME PRESS COMMENTS SINCE we commenced the translation of the Talmud many favorable it in periodicals of both continents, which have devoted to it column upon column, too numerous for us to mention in detail. Some of these reviews were printed in 1895 by the New Amsterdam Book Company in their prospectus namely, from the Boston Transcript, Boston Herald, Menorah, Cincinnati Enquirer, reviews have been passed upon ; Baltimore American, Syracuse Standard, Cleveland Leader, Baltimore Sun. In 1896 and subsequently up to the present time there have appeared favorable reviews and notices in numerous periodicals, of which we give a partial list Hartford Post, Washington Times, Balti : more American, Boston Boston Congregationalist, Boston Beacon, Paul Globe, Minneapolis Journal, New York York Sun, New York Outlook, New York Times, Detroit Free Press, Globe, St. Book Buyer, New New York Independent, New York Evangelist, New York Herald (January, 1897), New York Christian Intelligence, Columbus PressPhiladelphia Press, Philadelphia Episcopal Recorder, Reading As it is impossible for us to give citations Times, American Israelite. from all of them, we content ourselves with a clipping from the Home Post, Library in the 1897-98) and a few words from other publications (New York, same spirit. Babylonian Talmud, New Edition of English Translation Original Text Edited, Formulated, and Punctuated. By Revised and Michael L. Rodkinson. the : : by the Rev. Wise, President Hebrew Corrected Cincinnati, Ohio. Dr. Isaac M. Union College, Pub Five Volumes To and in fact knowledge and opinion on every branch of thought and action. Dr. Wise speaks of the work as Rodkinson s reconstruction of the original text of the Talmud," which is confessed to have been in a very bad cine, mathematics, " state, from irrelevant matter thrust in by be Completed in about Twenty Volumes. An edition in English Translation of the whole Talmud hands, and even by hostile hands, and from corruptions such as works ex thoroughly cleared of confusion and cor ruption, and brought into a readable and cessively lished (1896-97). intelligible form, in derstood in which it can be un vast range of interest, and its real merits as the great its judged upon Jewish encyclopedia of religion, ethics, education, law, history, geography, medi later manuscript, and suc by scribes sometimes of accuracy and often free with isting for ages in careless copied changes or additions, are liable to. Dr. Rodkinson s perfect mastery of the He brew, and his comprehensive knowledge of the true Talmudical facts, with his admirable grasp of high ideals, and con- The entire fidence that they are the ideals of his race Talmud or in Maimonides. and of the Talmud, have enabled him work is sufficiently advanced to make its The reader oi to reconstruct the original text and to early completion secure. give a clear and readable rendering of it Dr. Rodkinson s own writings easily rec in English, by which for the Talmud the made is first time as accessible to the English reader as the books of the Old Testament. In Dr. Rodkinson s repre sentation, mentary on the of dogma Talmud "the Bible." is It is not a com not a body to be enforced, but of opinions to be considered " ; not the decisions, but " the debates of the leaders of the people not a compilation of fixed regulations," ; ognizes in his mastery of English style, and his high cations, make to mental and ethical qualifi assurance of his ability Reconstructed Talmud an ample his adequate text-book of the learning and the liberal spirit of modem Reformed Ju To Christian scholars, teachers, daism. and students of liberal must be most welcome. spirit, Home his work Librarv. " Looking at Mr. Michael L. Rodkin s work as literature, it is a production religious," knowing which has required a vast amount of conscience and reason." The freedom of suggestion and statement used knowledge and infinite patience. has been Hebrew of the pro in knowledge it, the special rea by those who speak sons for many of its laws, such as the found, and the intricacies of the text are The testimony all made clear and plain. desire to break from the neck of the but a book of " liberty, both mental and "no authority but The extreme son peo ple the yoke of the priests, and the vein of humor running through much that of the much-respected President of the Hebrew Union College, the Rev. Isaac seems most objectionable, are insisted on M. Wise, is the strongest of indorse An amazing mass of material in ments. by Dr. Rodkinson as showing that noth these two volumes will delight the eth ing could be more unfair, nothing more unfortunate than to adopt the prevailing nologist, the archeologist, and the folk" false notions about this ancient encyclo before the publication Talmud has lorist, for certainly, of this work, access to the pedia." Dr. Rodkinson s work is thus not only a definitive English-Hebrew Talmud, for been well-nigh impossible to those who were not of the Semitic origin. New popular reading as well as for study of Jewish lore of every kind, but it is an in terpretation to the modern mind of a vast York Times, "Saturday 19, 1897. ______ monument of Hebrew life and thought, the value of which cannot be exaggerated. i. and ii. of the work give Tract Sab Review," June now it has been impossible that Talmud should have any extensive It has influence upon modern thought. Until the Vols. been practically almost inaccessible even 390 pages. Vol. iii. gives Tract to Hebrew students. Many at Erubin, 250 pages, in which are embodied tempts have been made by editing to the famous Rabbinical devices for getting make its contents more available, but round the prohibitions of Tract Sabbath. until a thorough textual revision had been Vol. iv. has Tract Shekalim, which is completed, these attempts were in fact all about a sacred half-shekel tax, paid hopeless. Rabbi Rodkinson has at last by every Israelite at twenty years of age, effected this textual revision. Evangelist, and Tract Rosh Hashana (or New Year), November bath in . . . 18, 1897. There are twelve of these 232 pages. Tracts forming the first section of the Moed (Festivals). work, called The whole of Dr. Rodkinson s colossal entire task includes a new Hebrew Here is a work which is a credit to American Judaism a book which should ; be in every Jewish home a literary pro duction without which no library will be ; some a work whose character will parts of which, to fill gaps in the com complete mentary sections, he has himself composed rank it with the first dozen of most im from materials given in the Palestinian portant books. The American Israelite. text, ; There can be no question that its trans lation of a book which is at once the ex has rendered a welcome service pression of the history of an important The Tablet, London, Oc people, and the source of many of its to literature. lator tober 2, stupendous work, almost as signifi task of the trans not a light one, and has, indeed, only been rendered possible by the zeal lator A The modern customs. 1897. is cant to the Jewish layman as the Bible to the Gentile, and of most engrossing inter and est to scholars of all denominations, is the Boston. enthusiasm of specially-equipped The Congregationalist, Jewish scholars. Talmud. The Talmud is the ritual statute book, and last author The value as a translation and a contri Seven millions of Jews bution to religious literature of this new ity of the Jew. translation of the adhere to the its Talmud many and The reading teachings. of in the original is beset with peculiar difficulties. Its repe strange idioms, epigrammatic style, intricacies of thought and speech, and titions, edition of the Talmud cannot be too Extract from a page Church Standard, Phila highly estimated. notice in The delphia. boundless range of subject, have made its Beyond question the publishing of this But Dr. Rod- work in this accessible form will prove of perusal a puzzle. . . . kinson has dared brave the meshes, and he has, with the success known by appre ciative scholars, carefully unravelled and eliminated the problems of the work. He now presents the text consecutive and clear. Washington Times. great value to many students of the Bible who do not read in the original tongue. Hartford Post. We scarcely need to point out that the undertaking now fairly launched, is of unique importance. The importance of this work, alike to Jewish and non-Jewish scholars, will be appreciated by those who what incomparable value the Talmud know is not only placed upon New York one Sun. A gigantic work long looked for and desired by scholars. Episcopal Recorder. as a storehouse of rabbinical Judaism, but what the difficulties are in making for the first time an exhaustive, It requires some courage for Mr. RodShekakinson, finding that the tract lim (the half-shekels paid into treasury) has only the Mishna with no Gemara, or " systematic and philologically accurate text of this great literary monument thought and mind. Philadelphia Press. of Jewish commentary, to provide a Gemara of his own, in Hebrew as well as English. . We are glad to have an English trans The Independent, April 7, 1898. . In our prospectus we have published some reviews of the most im We beg to portant papers until April, 1898, of which we use the plates. give also a small portion of the succeeding press until July, 1903. . This (eighth) volume . . the actual is proof that the great Talmudist, Rodkinson, will in a very short time redeem his promise to be the first man to render the whole Talmud into a modern language, and the very first man to render any com treatise plete of into it We English. take a special pride in Rodkinson work, in that tic it s gigan American, and the is English is as correct, clear, and idio matic as any celebrated English scholar in London or Oxford could make it. We Since then he has produced volume after volume, at intervals of about six months, and the number of volumes published now amounts to twelve. The entire section of Moed (Festivals) is completed, and Juris which of is we urge again upon Therefore, of very rare, and always was. historic Mr. Rodkinson assist to literature, friends in this great enter Mr. Rodkinson prise. all encourage and s clear of this literature with the conception numerous diffi the pertinacity and industry of its author. ish Chronicle, London, Sept. . . Band Der . thus discouraging criticisms the steadily approaching its end. of spite work is One cannot help admiring heartily admire also the energy, the work ing force of this master mind, the like And almost finished. is prudence in ist The Jew 6, 1901. in der Ueberschrift genante bereits der dreizehnter des gan- zen Werkes, das im Jahre 1896 zu erscheinen begonnen hat, also mit bemerkensRaschheit werther vorwartsschreitet. Der Trager des ganzen Unternehmens und Urheber des Uebersetzung ist . . . offers to the student, is evident Michael L. Rodkinson, ein Gelehrter rus- from the English translation, which has no obscurities, and nowhere stands in need of any commentary. The late sischer Herkunst, das sich in den achzi- culties it Rev. Dr. Isaac M. \Vise, in American Israelite, August 17, 1899. ger Jahren durch hebraishe Schriften verschiedenen, zum Theile sensationellen Inhalt in hat. . . . Europa einen Namen gemacht Aber in Grossen und Gan man die Arbeit als Ergebniss hingebend Fleisses und wirklicher Vertrautheit mit der Sprache und dem Geiste zen kann . . . The recent American edition by Michael L. Rodkinson exact translation of To it is believed the entire Dr. is an Talmud. history the Talmud opens a vast realm of research. Queries and Answers, N. Y. Times Sat. Review, the student of des talmudischen Schriftthums loben. ... 1901. . . . Pester Lloyd, March 13, 1902. Its interest by no means con for Gen is fined to Israelites, but is great ... It was left for Mr. Rodkinson, tiles In the as well. first a Talmudic scholar depending upon his pen for his livelihood, to undertake this ume, as the others of unpromising and gigantic task. He en tered upon it six years ago, without any distinctions encouragement or support 20, 1902. to speak of. its place, the vol series, throws upon the peculiarly subtle and regulations of the He brilliant light brew laws. . . . Pittsburg Post, April The Babylonian Talmud. Edited by Michael L. Rodkinson. Section Juris prudence (damages), Tract Sanhedrin. This alone deserves the thanks of students. . . . New Talmud (11x7^, pp. 385.) ing Company, New It makes much accessible that Publish York. . We . . Even the lay reader will find a great new edition congratulate the editor and trans lator of that colossal work, the Babylonian deal that Talmud, upon the steady progress of his undertaking, and American science upon chael L. Rodkinson. the distinction conferred turies the upon was before practically buried.* of by Mi One, and possibly the main, reason why in more recent cen by the it interesting in the is "The Babylonian Talmud," Talmud has received so little a attention from the scholars of the world, not excepting those of the Jewish church, well as Christians, because its efficient perusal was always a task that could be accomplished only with difficulty. The editor of the volume first Talmud translation of the whole into modern tongue, which is at present ap The importance of the Talmud pearing. for scholars of all schools, for Jews as rated. is can hardly be over the one great commentary the customs of the times which are It in question has succeeded in eliminating the majority of the abstruse obstructions is upon most interesting to a Christian and and has rendered it As such the Jews. all adherents of the it Hebrew faith and But Of course it is fairly intelli not to be supposed that edited, will attract is this age, or the subject of constant study. to the Christian theologian the Talmud has how translated or any great attention any future age. in Its ancient laws can be regarded now with little more than curiosity, and with gratification at the thought that the race has progressed been to a large degree a sealed book, partly because of the language in which it is written and partly because of the so far toward a perfect civilization. But for those who may wish to dive into the expense of the only available editions. But the theologian is in need of it in ex mystic depths of Talmudic lore, the Rod kinson edition is by far the best for that plaining not a little Christian theology which has been much misunderstood. We work the Talmud, no matter indispensable to is his gible to the average reader or student. contains the foundation of the theology and the law which is still in force among purpose. It is simplified about as much as could be expected, as will be immediately recognized by those who have struggled refer especially to the doctrine of the Atonement and original sin, neither of which can be understood apart from the Jewish theological opinion current in the time of St. Paul. Hitherto the only book Talmud with other An translations. in teresting point taken up by the author refers to the time of the establishment of of value to the theologian who was not able to explore the "sea of the Talmud the Sanhedrin or was the work by Weber, System der Alt Synagogalen Palastinischen Thewhich was not wholly reliable. ologie," The older works, which were still more IQ03- Hebrew " Supreme Council of the Pittsburg Post, May race. 17, " tendenzios, lation have long We have carded. of one since now an of the . been dis made his translation are, literary on New York New : New Talmud Publishing Co. These two volumes cover, in part, the section of the Talmud which deals with the Jewish law. He has undertaken a whole, excellent. revision of the Hebrew text of the Talmud, The minuteness of the de cisions as to sale or rental of land, houses or a matter that was needed and which was animals, or to the qualifications of judges and the conditions of capital pun- a vast undertaking. He has made a translation from that revised text, in The Babylonian Talmud. Jurisprudence Tract Baba Bathra, Vols. VII., VIII. (in one) Tract Sanhedrin. achievements of the past. The general principles upon which the learned editor has . Formulated and translated by Michael L. Rodkinson. Vol. V. Section available trans greatest . edition. itself * Further, the author of this article criticised some of our explanatory remarks, to which an answer is given in the Introduction to Volume with a very copious syn accompanying opsis of contents prefixed to each volume. it XVII., 16 p. viii. Baltimore Sun, April 17, 1903. ishment, is uninitiated, who for scholarly purposes or browse will from the first page of the first volume to The task page of the last that the learned Doctor has undertaken is a Herculean one but this is the eighth volume of it, and his work has been fa vorably commented on by many eminent something amazing to the and of real interest to any one To in this forest. the last curiosity the ordi haggadas, or imaginative We monumental work again stories, commend of Rabbinical a March this hope ish the two or three dozen volumes yet ... to a spirit as pretensions to be read. Sat. Talmud, and as the the only one in the English it found expression it Review, July . any kinson of value for the history of Talmud student of into readable English proceeds with most commendable rapidity. Inde of . . There can be stories will find the doubt of the N. . and the transmission of in it rich material. This . book may be commended not only to . . also to the wider Eve. Post and Nation, Nov. 3, The importance Am. . . Sat. Rev., Mr. Rodkin- Nov. Israel., Vol. 47, July 26, 1900. His last volume, the ninth in the volume and The its first of the difference there, while this a is between predecessors is, that ordinary reader like they are to the with a pleasant spot here and a garden of flowers summery realm where rocks show green Hebrew Standard, Aug. 10, growth. 1900. pointed libraries, indifferent as to creed. Times 4, this work need not be questioned. The Talmud as he has translated it will take its place in all theological and well-ap Y. nature and the ethics is praiseworthy. s N. just interest the here deserts of manners short, section of Jurisprudence, treating as it does the ethics of the fathers, is especially 1899- son is order of publication and the those interested, but public. human practical sagacity. little facial given us copiously. here presented in the words of his sages and saints, but also its men of great value of such a translation as this. All students of primitive law and custom, of folk-of-love nations Judaism pendent, Sept. 28, 1899. . concerning and conditions of life. In that which is calculated to enormous undertaking nothing than the translation of the entire less Times 1900. will find extremely interesting data in these form tracts. They are rich This eighth volume of Dr. Rods law, in Y. . . in incidents . 7, in N. culture, looked upon as well Chicago Isr., Aug. 26, 1899. . all The theologian and historian phi losophy, as well as the man of general way civilization as . carry out single- spiritual interpretation, etc. the certainly should find its into the libraries of all who make language to are interested in the Encyclopedia of seven centuries of the life of Jewish having access to such a famous piece of translation is work gigantic who telligent people among the reading classes cannot be otherwise than desirous of as the handed, and deserves the support of cellency of this important work that it In requires no further words of mine. literature . . sent to the English-speaking public the successive volumes of the Talmud. It is have so often dwelt upon the ex I Montreal Star, scholars. 1900. 3, Mr. Rodkinson must be admired courage, perseverance and un tiring industry he has undertaken to pre . for Independent, 1903. appear. . to the biblical student, Hammurabi s Code, and Rodkinson may live to fin or the student of that Dr. . ; nary reader the most interesting portion will be the last chapter, which gives the religious sort. . 25, 1899. . . . You must be able to translate not Hebrew into English, but from only from The Babylonian Talmud made its appearance in fourteen heavy folio vol umes without a vowel point being seen . . the . mud. 7 and second to the twentieth cen you would understand the Tal Your view must retain the essen- first tury, if tial and the permanent and release the You must know temporary and trivial. the spirit of the tintings, and be able convert the March solid you are prepared to read this, lation of the Aug. delphia, Dr. Rodkinson Talmud . . s work of translat into English is making no more inter . there is Jerusalem was destroyed because they used the exact law only and never mod work erated will it. be a de Independent, N. Y.,Jan. every G. ... It is certainly the most wonderful Hirsch, Rabbi Sinai Cong., Prof. Univ. work ever prepared, comprising Chicago, Apr. 12, 1899. scope ... It is . curious that while Indian law legal systems of other Times. ... It that a commended not only . " s head, within, should to students and not only the jurist, mixed one of the miracles of history for centuries has been maligned, misinterpreted, burnt, censured, expurgated, as if the spirit of evil and darkness were enshrined ject become of international at last the sub study and receive the honor of translation or paraphrase in . of a fine is work which persecuted, of things Jewish, but also to students of book is like a . The comparative law. sheep its still . . fore be in science, physics, jurisprudence, and, in short, laws for every condition and circumstance of human life. Denver more primitive peoples have been studied and analyzed by professional students of the history of law the Jewish codes and the codes of Islam have met with little atten Dr. Rodkinson s work may there tion and the 17, 1901. Emil literature. Jewish . esting statement quoted than that attrib uted to Rabbi Johanan, who said that 10, 1900. sirable addition to the library of of . good progress this trans appreciatively and Jewish Exfi., Phila ... I think that the lover . 21, 1901. ing the Talmud with good results. advantage and entertainment in Nation, N. Y., Nov. 15, 1900, and it. chunks of raw golden metal, in the form of episode, tale and tradition, into evident ethical If you are able to do coin of the realm. to and human nature generally, folk-love will find French, German and English. feeding," but the student of Sun, July 25, 1901. 18 Baltimore BOOKS, PAMPHLETS, PERIODICALS, AND BOOKS BY OTHER WRITERS PUBLISHED BY THE AUTHOR OF THIS WORK. In his youth (18 to 20): " Righteous), (anew fate-booklet), " " H Hithragshuth " (Aspiration of the Nephesh in Soul), Zohar version prayer-book omitting the name of the author), Lemberg, 1865. Mozath-Mizva-V Eliluth-H Dam (Unleaven Bread and the Blood Accusation), in a (recently published " " " " 1855; H chadosh (Congregation of Righteous), Sippurei Zadikim (Legends of Shebhochii H Rabh (Praises of the Rabbi), all of them Lemberg, Edath-Zadikim " Urim-VeTumim " " " " " Presburg, 1882, Lebhaker-Mishpat (Investigation of Berlin, Justice), 1883, (Corner Stone), Berlin, 1883, and Aben Sapir (Sapphire Stone), Presburg, 1885; the first treats about Reform in Judaism and the second the criticism Tephila-L Moshe," with the answers of the by Krochmal and Lilienbloom on the " " Aben-Horoshe" " author. " Barkaye," Vol. Agereth-P thucho Le H I, against S. Rabbonim Bloch, Vol. II., a monthly, Wien, 1887, I. " (An Open Letter to the Rabbis), and Agereth Ha-Talmud Ha-Shenith" (The Second Letter About the Talmud), Presburg, 1886, Maamar-Ha Issuth (A Wedding-Present), Ahabhath Adam" (Human Love), " " " " " Vienna, 1886, a pamphlet New York. : "The M Tephila-L Moshe Jewish Character," first period appeared also in Kuzi (Ursprung und Endwickelung des PhylacterienToldath-Baalei-Shem-Tob (Biographic Sammtlicher Rabbiner), vom Jahre, 1695 to 1876, Vol. I., Israel Baal-Shem-tob nebst Geschichte der Emudei Chabad," Rabbi Zalman of Loznie, Vol. Frankisten, Konigsberg, 1876, IV. of the above-mentioned book, with an addition of the different text in the prayer" Ritus bei-den Juden), " " " " books of all Jewish Konigsberg, 1876. sects, a weekly, in Bible language Kol Leom," a weekly, Hakol," twice a Jzargon, K6nigsberg, 1876-1877, and from 1878 to 1880 the week. At the end of 1879 the circulation of both periodicals in Russia (where the " Periodicals : " Hakol," ; " in ; most subscribers were) was prohibited by the Government, an,d began to appear again once a week during 1880. From 1881 it appeared under the name Hachoze in Berlin seventeen weeks for the Russian subscribers, and was again prohibited also, " " ; two weeklies, named "The Prophet of Hamburg" and "Hamburger were issued for the Russian reader, and by the numbers 9 were again pro hibited. The Hakol" appeared also in Vienna one year, and also in New York The Defender," both in pure Hebrew, and by the twenty-two weeks, and thereafter in 1882, Israelit," " " seventeenth number stopped. Monthlies Asephath H chamin (The Assembly of Wise), Konigsberg, 1879, which was prohibited by the Russian Government at the sixth number, and Hameaseph" (The Compilator) in the same place 1879-1880. In German language Der Schulchan Aruch und seine Beziehungen zu den Warheit gegen Luege," Wien, 1883-87. Juden und nicht Juden," English: History of Amulets, Charms and Talismans," New York, 1893. "The From 1896 to 1903 Pentateuch, Its Languages and Its Characters," Chicago, 1894. eighteen volumes of the Talmud in English were issued. " : " : " " 19 The following books of other writers were published by the same author, supplied with his Prefaces and Remarks Pardas," by Rashe, Warshau, 1870 Queries Sheerith Israel," by the and Answers," by Joseph Aben Miggash, Warshau, 1870 " " : ; " ; Rabbi of Welednik, third " Atereth Israel," by the Konigsberg, 1876; of Behapoly, Zitomir, 1865; Egereth Bekoreth," by Jacob Emdin, Maggid Luchuth Ha. Eduth," by Azar Zosmir, Lemberg, 1866; and Zitomir, 1865; edition, " " " " " Marpe Leom," " Jzargon : Zitomer, 66. The " Spiegel," Adesse, 1867; Wigderel ben Wigderel," Warshau, 1870. MSS. " : Rodkinson amulets at large) ; s "The Eight Chapters" Fiftieth Jubilee" (a investigation about charms and voluminous book of his autobiog The Patriarch Abraham," a drama the Jewish question; based upon the legends in Talmud and Post-Talmudic Literature; the Talmud," the first chapter of it published as an appendix to Penta Madua (Why) " " raphy); (an in eight visions, "What is teuch, mentioned above. "Remarks and Enlightenment" to Babylonian and Palestinian Talmuds, Mishnayot and Tosephthas. each tract of both TORONTO