The Trial of Jesus. Walter M. Chandler
are called the Sonna and correspond to the Talmud of the Hebrews. An analysis of any great system of jurisprudence will reveal the same natural arrangement of written and oral law as that represented by the Pentateuch and the Talmud of the Jews.
The word "Talmud" has various meanings, as it appears in Hebrew traditional literature. It is an old scholastic term, and "is a noun formed from the verb 'limmed'='to teach.' It therefore means, primarily, 'teaching,' although it denotes also 'learning'; it is employed in this latter sense with special reference to the Torah, the terms 'Talmud' and 'Torah' being usually combined to indicate the study of the Law, both in its wider and its more restricted sense."[50] It is thus frequently used in the sense of the word "exegesis," meaning Biblical exposition or interpretation. But with the etymological and restricted, we are not so much interested as with the popular and general signification of the term "Talmud." Popularly used, it means simply a small collection of books represented by two distinct editions handed down to posterity by the Palestinian and Babylonian schools during the early centuries of the Christian era.
Divisions of the Talmud.—The Talmud is divided into two component parts: the Mishna, which may be described as the text; and the Gemara, which may be termed the commentary.[51] The Mishna, meaning tradition, is almost wholly law. It was, indeed, of old, translated as the Second or Oral Law—the δευτέρωσιϛ—to distinguish it from the Written Law delivered by God to Moses. The relationship between the Mishna, meaning oral law, and the Gemara, meaning commentary, may be illustrated by a bill introduced into Congress and the debates which follow. In a general way, the bill corresponds to the Mishna, and the debates to the Gemara. The distinction, however, is that the law resulting from the passage of the bill is the effect and culmination of the debate; while the Mishna was already law when the Gemara or commentary was made.
As we have seen above, Hebrew jurisprudence in its principles and in the manner of their interpretation was chiefly transmitted by the living voice of tradition. These laws were easily and safely handed down from father to son through successive generations as long as Jewish nationality continued and the Temple at Jerusalem still stood. But, with the destruction of the Temple and the banishment of the Jews from Palestine (A.D. 70), the danger became imminent that in the loss of their nationality would also be buried the remembrance of their laws. Moved with pity and compassion for the sad condition of his people, Judah the Holy, called Rabbi for preëminence, resolved to collect and perpetuate for them in writing their time-honored traditions. His work received the name Mishna, the same which we have discussed above. But it must not be imagined that this work was the sudden or exclusive effort of Rabbi Judah. His achievement was merely the sum total and culmination of the labors of a long line of celebrated Hebrew sages. "The Oral Law had been recognized by Ezra; had become important in the days of the Maccabees; had been supported by Pharisaism; narrowed by the school of Shammai, codified by the school of Hillel, systematized by R. Akiba, placed on a logical basis by R. Ishmael, exegetically amplified by R. Eliezer, and constantly enriched by successive rabbis and their schools. Rabbi Judah put the coping-stone to the immense structure."[52]
Emanuel Deutsch gives the following subdivisions of the Mishna:
The Mishna is divided into six sections. These are subdivided again into 11, 12, 7, 9 (or 10), 11, and 12 chapters, respectively, which are further broken up into 524 paragraphs. We shall briefly describe their contents:
Section I. Seeds: of Agrarian Laws, commencing with a chapter on Prayers. In this section, the various tithes and donations due to the Priests, the Levites, and the poor, from the products of the lands, and further the Sabbatical year and the prohibited mixtures in plants, animals, garments, are treated of.
Section II. Feasts: of Sabbaths, Feast, and Fast days, the work prohibited, the ceremonies ordained, the sacrifices to be offered, on them. Special chapters are devoted to the Feast of the Exodus from Egypt, to the New Year's Day, to the Day of Atonement (one of the most impressive portions of the whole book), to the Feast of Tabernacles and to that of Haman.
Section III. Women: of betrothal, marriage, divorce, etc., also of vows.
Section IV. Damages: including a great part of the civil and criminal law. It treats of the law of trover, of buying and selling, and the ordinary monetary transactions. Further, of the greatest crime known to the law, viz., idolatry. Next of witnesses, of oaths, of legal punishments, and of the Sanhedrin itself. This section concludes with the so-called "Sentences of the Fathers," containing some of the sublimest ethical dicta known in the history of religious philosophy.
Section V. Sacred Things: of sacrifices, the first-born, etc.; also of the measurements of the Temple (Middoth).
Section VI. Purifications: of the various levitical and other hygienic laws, of impure things and persons, their purification, etc.[53]
Recensions.—The Talmud exists in two recensions: the Jerusalem and the Babylonian. These two editions represent a double Gemara; the first (Jerusalem) being an expression of the schools in Palestine and redacted at Tiberias about 390 A.D.; the second (Babylonian) being an expression of the schools in Babylonia and redacted about 365–427 A.D.
The Mishna, having been formed into a code, became in its turn what the Pentateuch had been before it, a basis of discussion and development. The Gemara of the Jerusalem Talmud embodies the critical discussions and disquisitions on the Mishna by hundreds of learned doctors who lived in Palestine, chiefly in Galilee, from the end of the second till about the middle of the fifth century of the Christian era. The Gemara of the Babylonian Talmud embodies the criticisms and dissertations on the same Mishna of numerous learned doctors living in various places in Babylonia, but chiefly those of the two great schools of Sura and Pumbaditha.[54] The Babylonian Talmud is written in "West Aramæan," is the product of six or seven generations of constant development, and is about four times as large as that of the Jerusalem Talmud, which is written in "East Aramæan."[55] It should be kept clearly before the mind that the only difference between these two recensions is in the matter of commentary. The two sets of doctors whose different commentaries distinguish the two Talmuds dealt with the same Mishna as a basis of criticism. But decided differences are noticeable in the subject matter and style of the two Gemaras represented by the two recensions of the Talmud. The discussions and commentaries in the Jerusalem Talmud are simple, brief, and pointed; while those of the Babylonian Talmud are generally subtle, abstruse, and prolix. The dissertations in the Jerusalem Talmud are filled to overflowing with archæology, geography, and history, while the Babylonian Talmud is more marked by legal and religious development.
But the reader should not form a wrong impression of the contents of the Talmud. They are a blending of the oral law of the Mishna and the notes and comments of the sages. The characteristics of both the editions are legal and religious, but a multitude of references are made in each to things that have no connection with either religion or law. "The Talmud does, indeed, offer us a perfect picture of the cosmopolitanism and luxury of those final days of Rome, such as but few classical or postclassical writings contain. We find mention made of Spanish fish, of Cretan apples, Bithynian cheese, Egyptian lentils and beans, Greek and Egyptian pumpkins, Italian wine, Median beer, Egyptian Zyphus; garments imported from Pelusium and India, shirts from Cilicia, and veils from Arabia. To the Arabic, Persian, and Indian materials contained, in addition to these, in the Gemara, a bare allusion may suffice. So much we venture to predict, that when once archæological and linguistic science shall turn to this field, they will not leave it again soon."
Relation of Talmud to Mishna.—The relation of the Talmud, used in the popular sense, to the Mishna, raises the question of the relation of the whole to one of its parts. The varying meanings of Mishna, Gemara, and Talmud very easily confuse the ordinary reader. If these terms are considered separately in the order in which they appear in the preceding sentence, simple mathematical addition will greatly aid in elucidating matters. The Mishna is a vast mass of tradition or oral law which was finally reduced to writing about the close of the second century of the Christian era. The Gemara is the Rabbinical exposition of the meaning of the Mishna. The Talmud is the sum of the Mishna plus the Gemara. In other words, the Talmud is the elaboration or amplification of the Mishna by manifold commentaries, designated as the Gemara. It frequently happens that the Talmud and the Mishna appear in the same sentence