7. THE TALMUD, a code or digest of Jewish laws and opinions. The Talmud is in reality a combination of two entirely separate works — the Mishna being the text and the Gemara its commentary. The name signifies "study," and has come to be applied to the combined text and commentary, although it refers properly to the Gemara alone. There are two recensions of the Gemara, one called the Palestinian Talmud, originating in Pales tine, the other Babylonian, in Babylon. They differ both in language and contents. There are only slight variations in their respective Mishnas.
The word Mishna has been differently interpreted, according to its etymol ogy, either as °second° or as ((doctrine,° oral teaching. It is a codification of the oral or unwritten law, based upon the written law of the Torah or Pentateuch, and was compiled during the era of the second Temple, and com pleted at the end of the second Christian cen tury. As in course of time the oral law became unwieldy in bulk and hard to be remembered, owing to its lack of order and arrangement, Hillel, who presided over the Sanhedrin ih Herod's days, made the first attempt to sys tematize the immense mass of material by arranging it in six divisions, which were ac cepted by later revisers. Rabbi Akiba, who par ticipated in the Bar Cochba revolt, went a step further by employing a more correct method of division. His disciple, Rabbi Meir, continued the work of revision, or, rather, collation, of old-time usages and teachings. Toward the end of the 2d century, R. Judah, the Prince, called "Rabbi," a descendant of the wise Hillel, strove to complete the work of his predecessors, sifted anew the mass of traditional ordinances, and became, by his intellectual vigor and free dom, the real compiler of the Mishna. In his later years he subjected the work to further revision, although some additions after his death were made by others. Whether Rabbi wrote the Mishna or merely transmitted it orally to his disciples is not definitely known, and has long been a moot point among scholars, with the probability in favor of his having written the work.
Divisions of the Mishna is divided into six chief sections, called Sedarim or Orders: (1) Zeraim, seeds or products of the field, containing the ritual laws respecting agriculture. (2) Moed, Festival, referring to laws of the Sabbath and festivals. (3) Nashim, Women, including rules about marriage and divorce. (4) Nezikin, Damages, a large sec tion of the civil and criminal law. (5) Ko dashim, Sacred Things, discussing the laws of sacrifice and the Temple service. (6) Teharoth, Purification, treating of regulations as to things clean and unclean. Each Order is divided into Masechtoth, or treatises, which are 63 in all in the Mishna. Each treatise is subdivided into chapters, or Perakim, and each chapter or perek into paragraphs, each of which is called Mishna or halakhah, law principle. The arrangement of the Orders is fixed although the sequence of treatises, chapters and paragraphs is more open to question.
Contents of the Treatises of the Mishna. —The best way to describe the subject matter of the Mishna is to give a list of the various treatises and their contents. These are as fol lows, according to the six Orders: I (1) Berak hoth, benedictions, treating of liturgical rules.
(2) Peah, corner, about the corners and glean ings of the field. (3) Demai, uncertain, about corn bought from those suspected of not having given tithes. (4) Khilapm, mixtures, about the prohibited mixtures in plants, animals and garments. (5) Shebiith, the Sabbatic rear.
(6) Terumoth, heave offerings for the priests.
(7) Maaseroth, tithes to be given to the Levites. (8) Maaser Sherd, the second tithe, according to Deut. xiv, 22-26. (9) Challa, the dough, to be given to the priests, as ordered in Num. xv, 20-21. (10) Orla, treating of the fruits of the tree during its first four years, as commanded in Lev. xix, 23-25. (11) Biccurim, or first fruits. The contents of Order II: (1) Sabbath, giving an account of labors prohibited on that day. (2) Erubin, com binations, continuing the subject of the pre ceding treatise and referring to the Sabbath boundary. (3) Pesachim, relating to the laws of Passover and the paschal lamb. (4) Sheka lim, the law of the half-shekel temple tax. (5) Yoma, of the day of Atonement. (6) Suk kah, of the laws concerning the Feast of Taber nacles. (7) Betsah, of the work permitted or prohibited on the festivals. (8) Rosh Hashonah, of the feast of the New Year. (9) Taanith, as to the public feasts. (10) Megilla, the scroll, about the reading of the book of Esther on the feast of Purim. (11) Moed Katan, minor feasts, referring to the intermediate days of the festivals of Passover and the Feast of Taber nacles. (12) Chagiga, feast offerings, referring to the private offerings on the three pilgrim festivals. Order III: (1) Jebamoth, sisters in-law, about levirate marriage. (2) Khetuboth, marriage contracts, of dower and marriage set tlements. (3) Nedarim, as to vows and their annulment. (4) Nazir, of the laws concerning Nazarite. (5) Sotah, about the woman sus pected of infidelity, according to Num. v, 12-31. Gittin, the laws of divorce. (7) Kid dushin, of betrothals. Order IV: (1) Baba Kama, of damages and injuries. (2) Baba Metsia, of laws concerning found property, buy ing and selling, lending, hiring and renting. (3) Baba Bathra, of real estate, trade and hereditary succession. (4) Sanhedrin, of courts, their procedure, and capital punishment. (5) Maccoth, stripes, referring chiefly to false wit ness and its penalties. (6) Shebuoth, oaths, about the various kinds of oaths, private and public. (7) Eduyoth, testimonies, laws and decisions collected from the testimonies of famous teachers. (8) Abodah Sara, idolatry, of idols and their worshipers. (9) Aboth, a col lection of ethical sentences from the fathers or Mishna teachers. (10) Horayoth, decisions, as to the effect of erroneous decision by a religious authority, according to Lev. iv, 5. Order V: (1) Sebachim, sacrifices, of animal sacrifices and the mode of offering. (2) Menachoth, meat-offerings, about meat and drink offerings. (3) Chullin, of the methods of slaughtering ani mals for food and of the dietary laws. (4) Bekhoroth, of the laws concerning the first born. (5) Arakhin, values, as to how things or persons dedicated by vow are legally appraised to be redeemed. (6) Temurah, exchange, of the laws about dedicated things which have been exchanged, according to Lev. xxvii, 10-27.