Mishna
VIEW:34 DATA:01-04-2020
MISHNA.See Talmud.
Hastings' Dictionary of the Bible
Edited by James Hastings, D.D. Published in 1909
or MISNA, משנה , signifies repetition, and is properly the code of the Jewish civil law. The Mishna contains the text; and the Gemara, which is the second part of the Talmud, contains the commentaries: so that the Gemara is, as it were, a glossary on the Mishna. The Mishna consists of various traditions of the Jews, and of explanations of several passages of Scripture. These traditions, serving as an explication of the written law, and supplementary to it, are said to have been delivered to Moses during the time of his abode upon the mount; which he afterward communicated to Aaron, Eleazar, and his servant Joshua. By these they were transmitted to the seventy elders; by them to the prophets, who communicated them to the men of the great sanhedrim, from whom the wise men of Jerusalem and Babylon received them. According to Dr. Prideaux, they passed from Jeremiah to Baruch, from him to Ezra, and from Ezra to the men of the great synagogue, the last of whom was Simon the Just, who delivered them to Antigonus of Socho. From him they came down in regular succession to Simeon, who took our Saviour in his arms; to Gamaliel, at whose feet St. Paul was brought up; and last of all to rabbi Judah the holy, who committed them to writing in the Mishna. Dr. Prideaux, rejecting this Jewish fiction, observes, that after the death of Simon the Just, about B.C. 299, arose the Tannaim or Mishnical doctors, who by their comments and conclusions, added to the number of those traditions which had been received and allowed by Ezra and the men of the great synagogue. Hence toward the middle of the second century after Christ, under the reign of the Roman Emperor Antoninus Pius, it was found necessary to commit these traditions to writing. This was requisite, because the traditions had been so much increased that they could no longer be preserved by the memory of man; and also because their country had suffered considerably in the reign of the Emperor Adrian, and many of their schools being dissolved, and their learned men cut off, the usual method of preserving their traditions had failed. Lest, therefore, the traditions should be forgotten and lost, it was resolved that they should be collected and committed to writing. Rabbi Judah, who was at that time rector of the school at Tiberias in Galilee, and president of the sanhedrim at that place, undertook the work. He compiled it in six books, each consisting of several tracts, which altogether form the number of sixty-three. Dr. Prideaux computes, that the Mishna was composed about A.D. 150. Dr. Lightfoot, however, says, that rabbi Judah compiled the Mishna about A.D. 190, in the latter end of the reign of Commodus; or, as some compute, A.D. 220. Dr. Lardner is of opinion, that this work could not have been finished before A.D. 190, or later. Thus the book called the Mishna was formed; a book which was received by the Jews with great veneration, and which has been always held in high esteem among them. Their opinion of it is, that all the particulars which it contains were dictated by God himself to Moses upon Mount Sinai, as well as the written word itself; and, consequently, that it must be of the same divine authority, and ought to be as religiously observed. See CABBALA, See GEMARA, See JEWS.
Biblical and Theological Dictionary by Richard Watson
PRINTER 1849.
mish?na. See TALMUD.
International Standard Bible Encyclopedia
PRINTER 1915.
Mishna
(Heb. מַשְׁנָה, Mishndh)', the code of Jewish laws arranged about the year A.D. 200 or 220, at Tiberias, in Palestine, by R. Jehudah, surnamed Hakkadosh (q.v.). The title is by some understood as importing second, like מַשְׁנֶהin Gen_43:23, the rabbinical code being second or next to the Pentateuch; it is so interpreted in the rabbinical lexicon Schulchan Aruch, but we think it is more likely derived from שׁנה, to study, also to teach, which perhaps at first meant only to repeat. In the Talmud (q.v.), quotations from the Mishna are introduced by the Aramaic word תְּנִן, Tenan, i.e., we have studied; and the book itself is called מִתְנַיתַיןAmathnithin; while the rabbins who lived before the publication of the Mishna are spoken of as, learners, or perhaps teachers; and their sayings, not found in that collection, are quoted תניא, it was learned or taught. The version learners for Tannain is not unnatural, as the Heb. official name for Rabbins is תִּלְמַידַי חֲכָמַיםdisciples of the wise. The sons of R. Jehudah are named among the Tannain, and they most probably assisted in the completion of the work of the Mishna.
The sayings recorded in the Mishna reach back to the times of Simon the Just, a contemporary of Alexander the Great; and it expounds also some religious and political usages introduced by Ezra; but the bulk of the book is made up of the decisions or opinions of the rival schools of Hillel and Shammai, who arose at the beginning of the 1st century of the Christian sera, and of the subsequent teachers, who followed generally the rulings of Hillel's school, and among whom Hillel's descendants were prominent. In a few instances a case (מִעֲשֶׂה) is stated to have arisen, and the decision of the Sanhedrin (q.v.) upon it, or of some prominent rabbi, is given; very often the names of the teachers who taught any particular point are mentioned, even where no disagreement is spoken of; but much oftener in cases of disagreement. Still oftener, however, the text of the law appears without any one to propound it: these parts of the Mishna are ascribed to R. Meir, who flourished about A.D. 145, and it is therefore probable that R. Meir made an older collection, of which the .Mishna as now found is only an enlargement.
The authority for the laws of the Mishna is, best explained in the first section of the first chapter of its treatise, אָבוֹת (Aboth, fathers): Moses received the law from Sinai, and handed it over to Joshua, and Joshua to the elders, and the elders to the prophets, and the prophets to the men of the Great Synod (the companions and followers of Ezra down to about B.C. 300). The meaning hereof is, that Moses received not only the written law from God, but also certain rules for its construction and application; and that even in the most corrupt times of Israel's history there were always some pure and holy men, who kept up the study of this tradition, and handed it over unbroken to their successors. Moreover, it was inferred from Deu_17:9 that the supreme judges for the time being might make authoritative decisions on facts as they arose; and that these decisions must serve as precedents for the future, unless reversed by a court of greater wisdom and greater number. The words priests and Levites in that verse were construed by the Pharisees merely to indicate the place at which tie supreme judges must hold their sessions. The rules of construction of the Pentateuch are stated as thirteen, among which the foremost are קִל וְחֹמֶר, Kal ve-chomer, a minori ad majus, and שָׁוָהגְּזֵרָה, Gezerah shavah, like decision. The latter, however, rests generally on the arbitrary comparison of the same word in two wholly disconnected passages, and is not allowed unless tradition itself sanction it. Besides these rules of construction, certain ceremonies in their full form were also believed to have thus been handed down, while the letter of the law only hinted at the manner of performing them. Thus Exo_13:9; Exo_13:16; Deu_6:10; Deu_11:18, command the tying of those respective passages to the hand and between the eyes of the Israelite; but tradition supplied the manner of doing it, that is, the construction of the phylacteries. The second section of the above-quoted chapter proceeds: They (the men of the great synod) said three things: . . make a fence to the law.
That is, put around the law a wall of restrictions and injunctions, which the Israelite will have to break through before he feels tempted to break the law itself. This was, in fact, done to a great extent by the teachers whose sayings are recorded in the Mishna. Many of their so-called גְּזֵרוֹת (decisions) a name given to the extra-Mosaic laws refer to a stricter observance of the Sabbath, and these are comprehended under the name of שַׁבּוּת which decisions Selden renders Sabbathismvus; forbidding, for instance, the handling on the Sabbath of anything that has been unlawfully made on that day; the causing a Gentile (unless in case of necessity) to work on the Sabbath for the Israelite; to play musical' instruments on that day, etc. Others refer to Levitical cleanness; among these are numberless rules about the washing of hands, of cups, etc., at the ordinary meals, in imitation of the rules which the Aaronitic priesthood had to observe at their sacrificial meals. It was principally by these observances that the followers of the rabbins, whom Christian writers generally denote as the Pharisaic sect, but who called themselves חֲבֵרַים (companions), distinguished themselves not only from the Sadducees (q.v.), but also from the indifferent mass, who are known in the Mishna as עִם הָאָרֶוֹ. (people of the land), and are often spoken of with a great deal of bitterness.
The writers of the Mishna never seek to make their readers believe that a rabbinical ordinance, which is intended only as a part of the fence around the law, is of :divine origin; but where doubt can arise about the meaning, they expressly show what is intended for a construction of the law, and what is their own addition, often by the words פָּטוּר (free; that is, not liable to stripes for a wilful offence, or to a sin-offering for offence. through ignorance or forgetfulness); yet אָסוּר (forbidden). In the very first section of the first chapter of the Mishna where the question arises how late at night the passages Deu_6:5-10; Deu_11:13-21, may be read in fulfilment of the command to speak of them when thou liest down, we find: The learned (חֲכָמַים as opposed to any one rabbi by name) say until midnight; and rabbi Gamaliel said until the morning dawn; in fact, when his sons came home from a feast, and told him We have not read the Shema (Hear, O Israel), he told them, As the morning has not dawned, you should read it; not this only, but wherever the wise have said until midnight, the command reaches to dawn, etc.; and why have they said till midnight? in order to keep man from transgression.
The style of the Mishna is, with very few exceptions, dry and crowded, with not a word to spare; and the book is written for men who already know the great principles of which they only seek the details. Historical or legendary notices are rare; and the few dogmatic passages for instance, the chapter about a future life run in the same style as if they were given for the guidance of an ordinary court of justice; the chapter, Who has no share in the world to come? follows naturally upon the chapters, Who are to be hanged? Who are to be stoned? A few instances will be given below.
The language of the Mishna is in the main not Aramaic, but Hebrew; stripped, however, of all that is idiomatic about Hebrew, such as the use of the conversive vav, and filled with many Aramaic forms, such as the masculine plurals in יו for the truly Hebrew . - That the people of Palestine generally spoke pure Aramaic as early as the days of Christ, and even long before, is well enough known from other sources; but the Mishna attests it by quoting terse sayings in that language, e.g. צִעֲרָא אִגְרָא כְּפוּם like the toil is the reward. A very large number of Greek words are also found: thus אסטניס (ἀσθενής) is always put for sickly; לסטים (λῃσταί) for robbers. Latin words also occur, but not so frequently, and generally in a somewhat corrupt form, while the Greek words .are rendered about as exactly as the Hebrew alphabet will allow. (Gomp. Bondi, אֶסְתֵּר אוֹר, Beleuchtung der in Talmud. v. Babylon u. Jerusalem. in d. Targumnim u. Midraschim vorkommenden fj'emden, besonders lateinischen Worter [Dessau, 1812, 8vo; Hartmann, Supplenmenta [Rost. 1813, 4to]; especially his Thesaurus linguce Hebraicae Mishna augendae [3 parts, 1825-26, 4to]).
We proceed to give an analysis of the Mishna, keeping strictly to it, and leaving out of view anything that may be taught by the Tannain, but which is regarded as בָּרִיתָא, Baraytha, i.e., outside,' although known to be sayings of these teachers, because they are not collected in the Mishna, and simply occur either in quotations in the Talmud or elsewhere.
The Mishna is divided into six parts (סְדָרַים, Sedarim, arrangements), which contain 62 treatises (מִסָּכוֹת, Massakoth), and 514 chapters (פְּרָקַים, Perakim). The latter, again, are divided into numbered sections, each of which is called a Mishna. The great parts and the treatises are named after their contents, the chapters after their opening words. (The figures set after each treatise show its number of chapters.)
I. The first part זְרָעַים, Zera'imn, seeds contains eleven treatises. The first of these בְרָכוֹת, Berakoth, benedictions (9) treats of the reading of the Shema (see above), daily prayers, and grace before and after meals, the purgations to be made as a preparation for prayer, and like subjects. The ten other treatises refer to the laws of the field and of its produce: פֵּאָה, Peah, corner (8), treats of the field corners, gleanings, etc., to be left to the poor; דְּמִאי, Demai, doubtful (7), of corn or fruits coming from the indifferent, who might have failed to tithe it; כַלְאִיַם, Kilayim, mixtures (9), of the prohibited mingling of fruit and grain crops on the same field or vineyard, and incidentally of the forbidden mixture of wool and flax in garments (Lev_19:19); שְׁבַיעַית, Shebi'ith, seventh (10), of the Sabbatic year; תְּרוּמוֹת, Terumoth, tributes (11), of the tributes from the crop; which were due to the Aaronitic priests, including the tithe of tithe due them from the Levites; מִעֲשֵׂרוֹת, Ma'aseroth, tithes (5), of the tithes due to the Levites; מִעֲשֵׂר שֵׁנַי, Ma'aser Sheni, second tithe (5), of the tithe which was eaten or otherwise spent in the joy of the yearly feasts, but which in the third year was given to the poor; חִלְּה, Challah, dough (4), refers to the tribute from the baking-trough, which was given to the priests; עָרְלָה, Orlah, literally foreskin (3), of the forbidden fruits of the trees in Palestine during the first three years of their growth (Lev_19:23); בַּכּוּרַים, Bikkurim, first-fruits (4), treats in its first three chapters of the firstfruits which were to be brought to the tabernacle and given to the priests (Deu_26:5), while the fourth chapter is only added to it to bring it to the close of one of the six great parts, and is called Α᾿νδρόγυνος, androgynos, spelled in Hebrew אנדרוגינוס, the man- woman, and contains a few laws as to persons of doubtful sex.
II. The next great division, מוֹעֵד, Mo'ed, season, contains twelve treatises. The first, שִׁבָּת, Sabbath (24), treats of the duties of that day; remarkable for the enumeration of thirty-nine different kinds of work, by each of which; separately, the guilt of Sabbath-breaking may be incurred. Of each kind a type is given, to which many other actions may be compared as falling within the same reason. A very great proportion of the treatise is taken up with the laws of mere Sabbathismus (see above). The next treatise, עֵרוּבַין, Erubin, mingling (10), deals with those ceremonies by which the Sabbath boundary was extended, mingling a whole town into one fictitious yard, so that carrying within it should not be unlawful; or how the Sabbath boundary of a town, within which one might walk on the Sabbath-day, can be extended. Then comes פְּסָחַים, Pesachim (10), which relates to the Passover, and all things connected with its celebration; שְׁקָלַים, Shekalim, shekel-pieces (8), about various tributes, going to the Temple, and various rites in it, at different seasons of the year; יוֹמָא, Yoma, the day (8), on the service of the day of Atonement; סֻוּכָּה, Sukkah, hut (5), about the hut and festival bunch of the Feast of Tabernacles, and the rules about reading the Psalms of Praise (113-118) on that and other feasts; בֵּיצָה, Betsah, egg (5), so called from its first word. An egg laid on a feast-day, the school of Shammai says, may be eaten; the school of Hillel says, may not be eaten (i.e., on the same day) this being one of the very few cases in which the latter school is stricter than the other. It is not pretended that guilt under the law is incurred by eating fresh-laid eggs on holidays. The treatise deals mostly with what may or may not be done on the great holidays in the preparation of food, actions which on the Sabbath would be clearly unlawful. Next, הִשָּׁנָה ראֹשׁ, Rosh Hash-shanah, New- year (4), gives the laws of the feast which goes by that name among the later Jews, but which in the Bible (Lev_23:24) is called the first of the seventh month; it also teaches how to fix the days of new moon. The treatise תִּעֲנַית, Ta'anith, fast (4), refers principally to the prayers for rain, and to the fasts, private and public, that were kept in years of drought; מְגַלָּה, Megillah, the scroll (4), refers to the feast of Purim, the reading of (the scroll of) the Book of Esther, then of the reading of the Pentateuch and Prophet lessons, and denounces as heretical certain variations in the liturgy and certain spiritual modes of construing passages of the law; for instance, He who takes the law of incest figuratively should be silenced; that is, he who extends it to the disgracing his father or mother. This passage is evidently directed against the early Christians, and their modes of teaching. The treatise מֹועֵד קָטָן, Mo'ed Katan, small holiday (3), treats mainly of the mourning rites, these being forbidden on all feasts, even on the half-holidays between the first and last day of Passover and of the Feast of Huts; while the last treatise, חֲגַיגָה, Chagigahl, feasting (3), speaks of the voluntary sacrifice-other than the Paschal lamb offered by the individual Jews on the great feasts.
III. The third part of the Mishna is called נָשַׁים, Nashim, women, and embraces seven treatises. The first of these, יְבָמוֹת, Yebamoth, Levirate (16), discusses the law found in Deu_25:5-9. Its first section may give a good idea of the manner of the Mishna: Fifteen women free their rival wives and their rival's rivals from the shoe-pulling' (Deu_25:9) and brother's marriage to the world's end: his daughter (the dead brother's wife being the daughter of a surviving brother), son's daughter or daughter's daughter; his wife's daughter, wife's son's daughter, or wife's daughter's daughter; his mother-in-law, mother- in-law's mother, father-in-law's mother; his sister on the mother's side, mother's sister or wife's sister, and the wife of his brother by the mother's side, and the wife of his brother, who was not alive at the same time with him, and his daughter-in-law; all these free their rival wives, etc. (that they are free themselves is taken for granted). The treatise כְּתוּבוֹתKethuboth (13), discusses the prescribed marriage contracts and marital rights in general, and shows a much higher regard for the rights of wives and daughters than most, if not all, ancient codes of law; נְדָרַים, Nedarim (11), treats of vows, and contains some of that harsh casuistry which meets with rebuke in the New Testament; נָזַיר, Nazir, the crowned (9), of the special vow of the Nazarite (Num_6:2); סוֹטָה, Sotah, the erring woman (9), of the ordeal for wives suspected of faithlessness (Numbers chapter 5). The last chapter of this treatise relates the gradual decay and downfall of national and religious life in Israel from the times of the early Maccabees; it foretells the signs of the approaching Messiah, and winds up with setting forth the qualities that lead upwards to eternal life. The next treatise, גַּטַּין, Gittin, divorce-bills (9), is set apart to the law of divorce; and קַדּוּשַׁין, Kiddushin, betrothals (4), the last of this great division, to the laws of the marriage ceremony. But a great part of it is taken up with counsels as to the trade or profession in which an Israelite should bring up his son; and many occupations are named which unmarried men should not follow, on account of the great facilities they offer for unchaste practices.
IV. The fourth grand division is styled נְזַיקַין, Nezikin, injuries, and most of the ten treatises contained in it deal with the principles and the practice of civil and criminal law. The first three treatises, each of ten chapters, are called by Aramaic names בָּבָא קִמָּא, Baba Kamma, the first gate, i.e., court; בָּבָא מְצַיעָא, Baba Metsi'a, the middle gate; בָּבָא בִתְרָא, Baba Bathra, last gate-and discuss the laws between man and man in matters of property, that are deducible from the Pentateuch, or had been suggested by experience. In the first gate the law of bailment is taught, without being involved in the obscurities of the degrees of negligence which the Roman lawyers have thrown around it; the only principle recognised is, What was the intent of the bailor when he made the loan, or pledge, or deposit of his goods? against what dangers did he intend to secure them? what risks did he intend to take? The text in Exo_22:6-14 shows that even a depositary without hire is liable for theft, though not for forcible robbery; for that the goods should not be stolen was the very object of the deposit. The same general doctrine prevailed in the English law, till lord Holt, chief justice during the reign of queen Anne, disturbed it by views imported from Roman jurisprudence. The measure of damages for assault and bodily injuries is also given, and the eye for eye of the sacred text is construed as meaning only damages in money for the lasting injury; while an additional allowance must be made for loss of time, cost of cure (Exo_21:19), pain and disgrace this last element of damages being derived from the cutting off the hand in Deu_25:12, which is taken figuratively only.
The fourth treatise is named סִנְהֶדְרַין, Sanhedrin (i.e.Συνέδρια), courts of justice (11). The first two chapters set forth the constitution of the Jewish commonwealth, rather as the Pharisaic party would have wished to see it, than as it ever was, with all the great powers, political and judicial, in the hands of the supreme court of seventy-one learned judges; and both the high-priest and king as figure- heads. Of the latter it is said, The king does not judge, and none judges him; does not testify, and none testifies concerning him. The practice in criminal cases is minutely set forth; while cases of bailments or trespasses, arising under the peculiar Mosaic law, were to be tried by three judges, and ordinary commercial cases even by a single judge; criminal charges must be tried before courts composed of twenty-three members. The forms were analogous to those of England and America that is, based on the idea of accusation and defence, not of inquiry and confession. No person once acquitted could be retried, but all facilities were given, to the last moment, to establish the innocence of the convicted, either on points of law or fact. The modes of capital execution are also given stoning and burning in such a way as to cause instant death. Among the chapters which begin, The following are stoned, The following are hung, we find also one which begins thus, The following have no share in the world to come: he who says, The resurrection is not found in the law, or the law is not from heaven, and the Epicurean (materialist). The next treatise, מִכּוֹת, Makkoth, stripes (3), treats of the punishment of false witnesses, and of crimes punishable by stripes; then comes שְׁבוּעוֹת, Sheb'oth, oaths (8), about the decisive oath in civil causes; there was no other oath, as witnesses always testified without oath under sanction of the commandment not to bear false witness. The admission and forms of testimony are then discussed in עֵדָיוֹת, Edayoth, testimonies (8). Then comes עֲבוֹדָה זָרָה, Abodah Zarah, idolatry (5), showing what manner of intercourse with idolaters and what things connected with idolatry are forbidden to the Israelite; for instance, the use of wine handled by a Gentile; for he might have made an idolatrous libation of it. The next treatise, אָבוֹת, Aboth, fathers (5), contains the collected wisdom of the fathers, which name here, but nowhere else, is bestowed upon the sages of the Mishna. The whole of it, with a good English translation, can be found in the common (orthodox) Jewish prayer-book, SEE LITURGY, where a sixth chapter of somewhat later origin is added. The treatise opens, as above stated, by bringing the tradition down from Moses to the Great Syiod; it then carries it from (1) Simon the Just, one of its last survivors, to (2) Antigonus of Socho. who taught to despise reward, and is said to have given rise to the Sadducaean heresy; (3) Jose of Zeredah and Jose of Jerusalem; (4) Joshua, son of Perahiah, whom later legends, by an anachronism, describe as the teacher of Jesus and Nittai the Arbelite; (5) Jehudah, son of Tabbai, and Simeon ben-Shetah, the reformer of the criminal and civil law, and defender of religion and liberty against the tyranny of king Jannaeus; (6) Shemaiah and Abtalyon, said to be of convert descent; (7) Hillel and Shammai, the founders of the great rival schools; (8) Johanan, or John, the son of Zaccai; (9) Gamaliel, known as the teacher of Paul, and seemingly a son or grandson of Hillel; (10) Simeon, his son; (11) Gamaliel. the son of Simeon; (12) Jehudah Hakkadosh, the compiler of the Mishna. The couples in this chain are generally thought to consist of the president and vice-president of the Sanhedrin for the time being, called respectively נָשַׂיא(prince) and אִב בֵּית דַּין(father of the court). The treatise contains the favorite moral and dogmatic sayings of these and other rabbins. Many of them are merely practical rules of life; some address themselves to judges; but more of them exhort to the study of the law, and still more to good works. The future world is much: referred to; and one rabbi Jacob (chapter 4:§ 21) says, in the spirit of the early Christians. This world is the anteroom to the coming world; prepare in the anteroom, that thou mayest enter the banqueting-hall (triclinium). But the study of the law and good works (מַצְוֹת, Mitzvoth, commandments), and not faith, is recommended as the road to future happiness. Elsewhere unbelief is denounced as forfeiting the world to come; but it seems that in the present treatise this tenet was not insisted on. A very remarkable point is the endeavor (chapter 5:8, 9) to reconcile the philosophic view of unchangeable laws of nature with the Biblical account of miracles: Ten things were created in the twilight of the eve of Sabbath (of creation week) that is, the mouth of the earth (which swallowed Korah), the mouth of the well (in the wilderness), the mouth of Balaam's ass, the rainbow, the manna, the rod (of Moses), the diamond worm (said to have cut the stones for the Temple), the alphabet, the writing (on the tables), and the tables. The last treatise of this part is הוֹרָיוֹת, Horayoth (3), concerning forms of trial.
V. The fifth grand division, קֹדָשַׁים, Kodashim, with its eleven treatises, relates mostly to sacrifices, and was obsolete when the Mishna was composed. The very full treatment given to this subject shows how strong were the hopes of a speedy restoration. We have here זְבָחַים, Zebachim, slaughtered offerings (14); מְנָחוֹת, Menachoth, offerings made of flour (13), whose subject is indicated by their title, though somewhat more is comprised in them. But the next treatise, חוֹלין, Cholin, unsanctified things (12), treats of the food allowed or disallowed to the Jew; especially of the mode of slaughtering beasts and fowls, and of the marks of disease, which render the eating of their flesh unlawful. We have then בְּכוֹרוֹת, Bekoroth, (sacrifices of) first-born animals (9); עֵרָכַין, Erakin, estimates (9), i.e., for redeeming consecrated men or beasts in money, according to the standard laid down in Leviticus (chapter 5 and 27); תְּמוּרָה, Temurah, exchange (7), referring to the exchange of the beasts; כְּרַיתוֹת, Kerithoth, excisions (6), which teaches what sins are threatened with the punishment, That soul shall be cut off from its people. This treatise is put in this connection because most of the sacrifices dealt with in this division are penances for sin. It is followed by מְעַילָה, Me'ilah, (the sacrifice for) embezzlement (6), see Lev_5:15; and תָּמַיד, Tamid, daily sacrifice (7), whose titles express their main subjects. The latter closes with the list of the psalms that were sung by the Levites in the Temple on the seven days of the week: Sunday, Psalms 24; Monday, Psalms 48; Tuesday, Psalms 82; Wednesday, Psalms 94; Thursday, Psalms 81 : Friday, Psalms 93; on the Sabbath, of course, Psalms 92. The next treatise, מַדּוֹת, Middoth, measures (5), gives an exact description of the Herodian temple, and of all its appointments. The division closes with the rather mystical treatise, קַנַּים, Kinnim, nests (3), which discusses the law on birds' nests (Deu_22:6).
VI. The last grand division, טָהַרוֹת, Tohoreth, cleanness, is the largest of all, though it was also in most of its parts useless when the Mishna was written: as the right to enter the Temple or to eat of sanctified food (respectively to be eaten as sanctified food) are the main tests of technical cleanness. We find here twelve treatises: כֵּלַים, Kelim, vessels (30); אֹהָלוֹת, Ohaloth, tents (18), the latter of which treats of the communication to a house and to its contents of uncleanness by the presence of a dead body in it. This remained of interest to the Aaronitish priests, who must not defile themselves with a dead body other than of their next blood relations; which law is supposed to remain in force notwithstanding the disuse of sacrifices. Then comes נְגָעַים, dega'im, plagues (14), about leprosy; פָּרָה, Parcah, the cow (12), the ashes of which were used to purge the defilement by the touch of the dead (Num_19:2); טָהַרוֹת, Tohoroth, here in the sense of purification (10); מַקְוָאוֹת, Mikvaoth, bathing-cisterns (10), which retain an interest beyond the Holy Land, and beyond the times of the Temple, in connection with the next treatise; נַדָּה, Niddah, the separated, i.e., the menstruating woman (10). Then we have מִכְשַׁירַין, Makshzrin, what renders fit (to receive uncleanness) (6); זָבַים, Zabim, spermatorrhoea (5); טַבּוּל יוֹם, Tibbul Yom, dipping of the (same) day (4), the ablution of vessels in cisterns, which, as a shadow of Levitical cleanness, was kept up in post- templic times; יָדִיַם, Yadayim, hands (4), which refers to the washing of hands, an avowedly rabbinic institution. The last treatise of the whole collection is עוּקָצַין, Ukatsin, fruit stems (3), with some unimportant laws about Levitical cleanness; among others, those that relate to fruitstems. At the end is placed a reflection on the blessing of peace, so that the book may close with the favorite verse (Psa_29:11), The Lord give strength to his people; the Lord bless his people with peace.
The principal commentaries on the Mishna are, of course, the Talmuds Jerusalem and Babylonian: the former covers the whole work, while the latter omits much of the obsolete parts. But the Mishna, or by the more appropriate phrase מַשְׁנָיוֹת, in the plural (setting aside the singular form for the single section), is found published, without either Talmud, in six volumes, each of which contains one of the great divisions. It is generally accompanied by two running commentaries, both of which take most of their matter from the Talmud; the first of these, by R. Obadiah, of Bartenora, is explanatory; the other, called the Tosephoth (i.e., additions), of R. Yom Tob, of Prague, raises and solves difficulties and seeming contradictions, and was written towards the beginning of the Thirty-Years' War. Maimonides wrote a much more valuable commentary on the Mishna in 1168; but being written in Arabic, and but partially rendered into the rabbinical Hebrew, it is seldom used or seen. The Hebrew abridgment, entitled מַשְׁנֶה תוֹרָה, or סֵפֶר הִי8ד, i.e., the book of fourteen (books), and divided into four parts, was published at Soncilio (1490, 2 volumes, fol.): republished at Venice (1524, 3 vols. fol.) and at Amsterdam (1701, 4 volumes, fol.). Selections from it were made in English by Bernard, entitled The [Main Principles of the Creed and Ethics of the Jews, exhibited in Selections from the Yad Hach azakah of Maimnonides, with a literal English Translation, copious Illustrations from the Talmud, etc. (Camb. 1832, 8vo); and an entire version into English made by several writers, under the editorship of E. Soloweyezik, was begun at London (1863, 8vo). Various commentaries in the rabbinical language, of no great merit, written during the 17th and 18th centuries, are printed in the ordinary editions of the Mishna, which are quite cheap To the Persian Jews the Mishna is the only standard, as the Talmuds are almost unknown among them. (L.N.D.)
Editions of the Mishna. The principal editions of the Mishna are by (1) Menasse ben-Israel, with short glosses (Amsterd. 1631); (2) Jose ben- Israel (ibid. 1646); (3) Israel ben-Elijah Gbtz, with Cabalistic Book Jetsira (Venice, 1704, 8vo); (4) with the commentary of Maimonides (Naples, 1492, fol.); (5) do., Mishnaioth in Perush Rambarn (Venice, 1606, fol.); (6) and by far the best and favorite edition, by Prof. Surenhusius of Amsterdam, which is furnished not only with the commentaries, but also with a Latin translation. It is entitled, Mischna, sive totius Hebrceorum Juris, Rituue, Antiquitatum, et Legumn oralium Systema, cum clarissimorum Rabbinorum Maimonidis et Bartenorae Commentariis in tegris, quibus accedunt variorum Auctorum Notes et Versionis in eos quos ediderunt Codices (Amst. 1668-1703, 6 volumes, fol.). The several treatises of the Mishna have also been translated into Latin by different authors, the principal of whom are:
Order./Treatise.
Translator.
Publication.
I. Berakoth
Edzard
Hamb. 1713, 4to.
Peah
Gnisius
Oxf. 1690, 4to.
Demai
Kilaim
Shebiith
Terumoth
Maaseroth
Maaser
Sheni Surenhusius.
Challah
Orlah
Ludwig
Leipsic, 1695.
Bikknrim
1696.
II. Sabbath
Schmid & Wottoll
Leipsic 1670.
Erubin
Pesachim
Surenhusius.
Shekalim
Otho
Geneva, 1675.
Yoma
Sheringham
London, 1648.
Sukkah
Dachs
Cologne, 1726.
Betsah
Surenhuuis.
Rosh-hashanah.
Houting
Amsterd. 1695.
Taanith
Lundy
Cologne, 1694.
Megillah
Surenhusius.
Moed Katan
Chagigah
Ludwig
Leipsic, 1796.
III. Yebamloth
Surenlhusius.
Kethuboth
Fast
Basle, 1699.
Nedarim
Ulmnann
Leipsic, 1663.
Nazir
Sotah
Wagenseil
Altorf, 1663.
Gittin
Surenhubius.
Kiddushin
IV. Baba Kama
L'Empereur
1637.
Baba Metsia
Surenhusius.
Baba Bathra
Sanhedrin
Cocceis
Amsterd. 1629.
Makkoth
Shebuoth
Ulmann
1663.
Edaoth
Surenhusius.
Aboda Zara
Peringer
Altorf, 1680.
Aboth
Surenhusius
.
Horioth
Ludwig
Leipsic, 1696.
V. Zebachim
Ulman
1663.
Menachoth
Surenhusius.
Cholin
Bekoroth
Erakin
Temurah
Kerithoth
Ulmann
1663.
Meila
Surenhusius.
Tamid
Peringer
Altorf, 1680.
Middoth
L'Empereur
1630.
Kinnim
Surenhusius.
VI. Kelim, Ohaloth, Negaim, Parab, Tohoroth, Mikvaoth, Niddah, Makshirin, Zabim, Tibbul Yom, Yadaim, and Ukazin all by Suirenhusins.
The entire Mishna has been translated into Spanish by Abraham ben- Reuben (Venice, 1606, fol.); into German by Rabe: Die ganze Mischna (Ausbach, 1760-63, 6 volumes, 4to); and by Dr. Jost (Berlin, 1832-33, 6 volumes, 4to). Into English have been rendered the treatises Sabbath and Erubin by Dr. Wotton (Lond. 1718); the treatise Aboth, in the Jewish Prayer-book, by Young (Edinb.); the treatises Berakoth, Kilaim, Sabbath, Erubin, Pesachim, Yoma, Sukkah, Yom Tob, Rosh-hashanah, Taanith, Megilla, Moed Katan, Yebamoth, Kethuboth, Gittin, Kiddushin,.Cholin, and Yadainz, wholly or in part by De Sola and Raphall (Lond. 1843, 8vo; 2d ed. 1845).
From all this it appears that the Christian Church has been largely identified with a study of the Mishna, and that the charge, so frequently reiterated, that Christian theologians are unacquainted with Jewish traditional lore is unjust. Indeed it is very apparent that even the Church fathers were more or less familiar with the Mishna, which they termed δευτερώσεις. Jerome first mentions it (Epist. ad Aglas, qu. 10): I cannot declare how vast are the traditions of the Pharisees, or how anile their myths, called by them δευτερώσεις (Mishnaioth); neither would their bulky nature permit the attempt. Epiphanius also says, but with a dislocation of text (Hoer. 15, Jud.; also Haer. 13:26). The Jews have had four streams of those traditions that they term δευτερώσεις the first bears the name of Moses the prophet; the next they attribute to a teacher named Akiba; the third is fathered on a certain Andon, or Annon, whom they also call Judas [Hannasi]; and the sons of Apamonaeus [Asamonmi] were the authors of the fourth. So, too, Augustine, writing shortly before the date of the Jerusalem Talmud, says: Besides the Scriptures of the law and the prophets, the Jews have certain traditions belonging to them, not written, but retained in memory, and handed down from one to another named δευτερώσεις(c. Adv. Leg. et Ptoph. 2:1); and again, Deliramento Judaeorum ad eas traditionis quas δευτερώσεις vocant pertinentia. In the Middle Ages the gross ignorance of the clergy left this important field unstudied. With the Reformation, the Mishna became again an open book to the Christian clergy; and in modern days many of their number, especially in Germany, Holland, and England, have carefully covered this department of Biblical knowledge. Perhaps exception will be taken to this term by some, but let it be remembered that the Mishna, as the original text of the Talmud, and as a faithful picture of Jewish theology and ecclesiology in the apostolic and post-apostolic ages, should be known to every Christian student at least in its general outlines and a nearer acquaintance with its contents is indispensably required for successful investigation of the Hebrew element in primitive Christianity, as found in the New Testament, and in the New Testament alone (Rule, Keraites, pages 57-58). As to the estimate of this compiled tradition by the orthodox Hebrew, let us refer to a Jewish historian, who, in his eulogy of the Mishna, pronounced it a work, the possession of which by the Hebrew nation compensates them for the loss of their ancestral country; a book which constitutes a kind of homestead for the Jewish mind, an intellectual and moral fatherland of a people who, in their long discipline of suffering, are exiles and aliens in all the nations of the earth.
The dogmatic and moral teachings of the Tannain are well sketched by Jost in his Geschichte des Judenthums u. seiner Sekten, volume 2. The sketches in Milman's History of the Jews., 2:461 sq., are instructive on some points, though they do not always distinguish between the teaching of the Tannain and of later rabbins. See also Chiarini, Le Talmude; Geiger, Das Judenthunm; Gritz, Gesch. d. Juden, volume 4 (transl. N.Y. 1874); Rule, Karaites, ch. vi; Etheridge, Introd. to Hebr. Lit. page 114 sq.; the excellent articles on the Talmud by Dr. Deutsch in the Quarterly Review, October 1867, reprinted in the Eclectic Review, 1867; Christian Rememsbrancer, 1868, October; Amer. Biblical Repository, 2d series, 2:261 sq.; Kitto, Journal of Sacred Lit. 6:42 sq.; Edinburgh Rev. 1873, July, art. 2; Furst, Bibliotheca Judaica, 2:40 sq.
CYCLOPEDIA OF BIBLICAL, THEOLOGICAL AND ECCLESIASTICAL
press 1895.
Hastings' Dictionary of the Bible
Edited by James Hastings, D.D. Published in 1909
or MISNA, משנה , signifies repetition, and is properly the code of the Jewish civil law. The Mishna contains the text; and the Gemara, which is the second part of the Talmud, contains the commentaries: so that the Gemara is, as it were, a glossary on the Mishna. The Mishna consists of various traditions of the Jews, and of explanations of several passages of Scripture. These traditions, serving as an explication of the written law, and supplementary to it, are said to have been delivered to Moses during the time of his abode upon the mount; which he afterward communicated to Aaron, Eleazar, and his servant Joshua. By these they were transmitted to the seventy elders; by them to the prophets, who communicated them to the men of the great sanhedrim, from whom the wise men of Jerusalem and Babylon received them. According to Dr. Prideaux, they passed from Jeremiah to Baruch, from him to Ezra, and from Ezra to the men of the great synagogue, the last of whom was Simon the Just, who delivered them to Antigonus of Socho. From him they came down in regular succession to Simeon, who took our Saviour in his arms; to Gamaliel, at whose feet St. Paul was brought up; and last of all to rabbi Judah the holy, who committed them to writing in the Mishna. Dr. Prideaux, rejecting this Jewish fiction, observes, that after the death of Simon the Just, about B.C. 299, arose the Tannaim or Mishnical doctors, who by their comments and conclusions, added to the number of those traditions which had been received and allowed by Ezra and the men of the great synagogue. Hence toward the middle of the second century after Christ, under the reign of the Roman Emperor Antoninus Pius, it was found necessary to commit these traditions to writing. This was requisite, because the traditions had been so much increased that they could no longer be preserved by the memory of man; and also because their country had suffered considerably in the reign of the Emperor Adrian, and many of their schools being dissolved, and their learned men cut off, the usual method of preserving their traditions had failed. Lest, therefore, the traditions should be forgotten and lost, it was resolved that they should be collected and committed to writing. Rabbi Judah, who was at that time rector of the school at Tiberias in Galilee, and president of the sanhedrim at that place, undertook the work. He compiled it in six books, each consisting of several tracts, which altogether form the number of sixty-three. Dr. Prideaux computes, that the Mishna was composed about A.D. 150. Dr. Lightfoot, however, says, that rabbi Judah compiled the Mishna about A.D. 190, in the latter end of the reign of Commodus; or, as some compute, A.D. 220. Dr. Lardner is of opinion, that this work could not have been finished before A.D. 190, or later. Thus the book called the Mishna was formed; a book which was received by the Jews with great veneration, and which has been always held in high esteem among them. Their opinion of it is, that all the particulars which it contains were dictated by God himself to Moses upon Mount Sinai, as well as the written word itself; and, consequently, that it must be of the same divine authority, and ought to be as religiously observed. See CABBALA, See GEMARA, See JEWS.
Biblical and Theological Dictionary by Richard Watson
PRINTER 1849.
mish?na. See TALMUD.
International Standard Bible Encyclopedia
PRINTER 1915.
Mishna
(Heb. מַשְׁנָה, Mishndh)', the code of Jewish laws arranged about the year A.D. 200 or 220, at Tiberias, in Palestine, by R. Jehudah, surnamed Hakkadosh (q.v.). The title is by some understood as importing second, like מַשְׁנֶהin Gen_43:23, the rabbinical code being second or next to the Pentateuch; it is so interpreted in the rabbinical lexicon Schulchan Aruch, but we think it is more likely derived from שׁנה, to study, also to teach, which perhaps at first meant only to repeat. In the Talmud (q.v.), quotations from the Mishna are introduced by the Aramaic word תְּנִן, Tenan, i.e., we have studied; and the book itself is called מִתְנַיתַיןAmathnithin; while the rabbins who lived before the publication of the Mishna are spoken of as, learners, or perhaps teachers; and their sayings, not found in that collection, are quoted תניא, it was learned or taught. The version learners for Tannain is not unnatural, as the Heb. official name for Rabbins is תִּלְמַידַי חֲכָמַיםdisciples of the wise. The sons of R. Jehudah are named among the Tannain, and they most probably assisted in the completion of the work of the Mishna.
The sayings recorded in the Mishna reach back to the times of Simon the Just, a contemporary of Alexander the Great; and it expounds also some religious and political usages introduced by Ezra; but the bulk of the book is made up of the decisions or opinions of the rival schools of Hillel and Shammai, who arose at the beginning of the 1st century of the Christian sera, and of the subsequent teachers, who followed generally the rulings of Hillel's school, and among whom Hillel's descendants were prominent. In a few instances a case (מִעֲשֶׂה) is stated to have arisen, and the decision of the Sanhedrin (q.v.) upon it, or of some prominent rabbi, is given; very often the names of the teachers who taught any particular point are mentioned, even where no disagreement is spoken of; but much oftener in cases of disagreement. Still oftener, however, the text of the law appears without any one to propound it: these parts of the Mishna are ascribed to R. Meir, who flourished about A.D. 145, and it is therefore probable that R. Meir made an older collection, of which the .Mishna as now found is only an enlargement.
The authority for the laws of the Mishna is, best explained in the first section of the first chapter of its treatise, אָבוֹת (Aboth, fathers): Moses received the law from Sinai, and handed it over to Joshua, and Joshua to the elders, and the elders to the prophets, and the prophets to the men of the Great Synod (the companions and followers of Ezra down to about B.C. 300). The meaning hereof is, that Moses received not only the written law from God, but also certain rules for its construction and application; and that even in the most corrupt times of Israel's history there were always some pure and holy men, who kept up the study of this tradition, and handed it over unbroken to their successors. Moreover, it was inferred from Deu_17:9 that the supreme judges for the time being might make authoritative decisions on facts as they arose; and that these decisions must serve as precedents for the future, unless reversed by a court of greater wisdom and greater number. The words priests and Levites in that verse were construed by the Pharisees merely to indicate the place at which tie supreme judges must hold their sessions. The rules of construction of the Pentateuch are stated as thirteen, among which the foremost are קִל וְחֹמֶר, Kal ve-chomer, a minori ad majus, and שָׁוָהגְּזֵרָה, Gezerah shavah, like decision. The latter, however, rests generally on the arbitrary comparison of the same word in two wholly disconnected passages, and is not allowed unless tradition itself sanction it. Besides these rules of construction, certain ceremonies in their full form were also believed to have thus been handed down, while the letter of the law only hinted at the manner of performing them. Thus Exo_13:9; Exo_13:16; Deu_6:10; Deu_11:18, command the tying of those respective passages to the hand and between the eyes of the Israelite; but tradition supplied the manner of doing it, that is, the construction of the phylacteries. The second section of the above-quoted chapter proceeds: They (the men of the great synod) said three things: . . make a fence to the law.
That is, put around the law a wall of restrictions and injunctions, which the Israelite will have to break through before he feels tempted to break the law itself. This was, in fact, done to a great extent by the teachers whose sayings are recorded in the Mishna. Many of their so-called גְּזֵרוֹת (decisions) a name given to the extra-Mosaic laws refer to a stricter observance of the Sabbath, and these are comprehended under the name of שַׁבּוּת which decisions Selden renders Sabbathismvus; forbidding, for instance, the handling on the Sabbath of anything that has been unlawfully made on that day; the causing a Gentile (unless in case of necessity) to work on the Sabbath for the Israelite; to play musical' instruments on that day, etc. Others refer to Levitical cleanness; among these are numberless rules about the washing of hands, of cups, etc., at the ordinary meals, in imitation of the rules which the Aaronitic priesthood had to observe at their sacrificial meals. It was principally by these observances that the followers of the rabbins, whom Christian writers generally denote as the Pharisaic sect, but who called themselves חֲבֵרַים (companions), distinguished themselves not only from the Sadducees (q.v.), but also from the indifferent mass, who are known in the Mishna as עִם הָאָרֶוֹ. (people of the land), and are often spoken of with a great deal of bitterness.
The writers of the Mishna never seek to make their readers believe that a rabbinical ordinance, which is intended only as a part of the fence around the law, is of :divine origin; but where doubt can arise about the meaning, they expressly show what is intended for a construction of the law, and what is their own addition, often by the words פָּטוּר (free; that is, not liable to stripes for a wilful offence, or to a sin-offering for offence. through ignorance or forgetfulness); yet אָסוּר (forbidden). In the very first section of the first chapter of the Mishna where the question arises how late at night the passages Deu_6:5-10; Deu_11:13-21, may be read in fulfilment of the command to speak of them when thou liest down, we find: The learned (חֲכָמַים as opposed to any one rabbi by name) say until midnight; and rabbi Gamaliel said until the morning dawn; in fact, when his sons came home from a feast, and told him We have not read the Shema (Hear, O Israel), he told them, As the morning has not dawned, you should read it; not this only, but wherever the wise have said until midnight, the command reaches to dawn, etc.; and why have they said till midnight? in order to keep man from transgression.
The style of the Mishna is, with very few exceptions, dry and crowded, with not a word to spare; and the book is written for men who already know the great principles of which they only seek the details. Historical or legendary notices are rare; and the few dogmatic passages for instance, the chapter about a future life run in the same style as if they were given for the guidance of an ordinary court of justice; the chapter, Who has no share in the world to come? follows naturally upon the chapters, Who are to be hanged? Who are to be stoned? A few instances will be given below.
The language of the Mishna is in the main not Aramaic, but Hebrew; stripped, however, of all that is idiomatic about Hebrew, such as the use of the conversive vav, and filled with many Aramaic forms, such as the masculine plurals in יו for the truly Hebrew . - That the people of Palestine generally spoke pure Aramaic as early as the days of Christ, and even long before, is well enough known from other sources; but the Mishna attests it by quoting terse sayings in that language, e.g. צִעֲרָא אִגְרָא כְּפוּם like the toil is the reward. A very large number of Greek words are also found: thus אסטניס (ἀσθενής) is always put for sickly; לסטים (λῃσταί) for robbers. Latin words also occur, but not so frequently, and generally in a somewhat corrupt form, while the Greek words .are rendered about as exactly as the Hebrew alphabet will allow. (Gomp. Bondi, אֶסְתֵּר אוֹר, Beleuchtung der in Talmud. v. Babylon u. Jerusalem. in d. Targumnim u. Midraschim vorkommenden fj'emden, besonders lateinischen Worter [Dessau, 1812, 8vo; Hartmann, Supplenmenta [Rost. 1813, 4to]; especially his Thesaurus linguce Hebraicae Mishna augendae [3 parts, 1825-26, 4to]).
We proceed to give an analysis of the Mishna, keeping strictly to it, and leaving out of view anything that may be taught by the Tannain, but which is regarded as בָּרִיתָא, Baraytha, i.e., outside,' although known to be sayings of these teachers, because they are not collected in the Mishna, and simply occur either in quotations in the Talmud or elsewhere.
The Mishna is divided into six parts (סְדָרַים, Sedarim, arrangements), which contain 62 treatises (מִסָּכוֹת, Massakoth), and 514 chapters (פְּרָקַים, Perakim). The latter, again, are divided into numbered sections, each of which is called a Mishna. The great parts and the treatises are named after their contents, the chapters after their opening words. (The figures set after each treatise show its number of chapters.)
I. The first part זְרָעַים, Zera'imn, seeds contains eleven treatises. The first of these בְרָכוֹת, Berakoth, benedictions (9) treats of the reading of the Shema (see above), daily prayers, and grace before and after meals, the purgations to be made as a preparation for prayer, and like subjects. The ten other treatises refer to the laws of the field and of its produce: פֵּאָה, Peah, corner (8), treats of the field corners, gleanings, etc., to be left to the poor; דְּמִאי, Demai, doubtful (7), of corn or fruits coming from the indifferent, who might have failed to tithe it; כַלְאִיַם, Kilayim, mixtures (9), of the prohibited mingling of fruit and grain crops on the same field or vineyard, and incidentally of the forbidden mixture of wool and flax in garments (Lev_19:19); שְׁבַיעַית, Shebi'ith, seventh (10), of the Sabbatic year; תְּרוּמוֹת, Terumoth, tributes (11), of the tributes from the crop; which were due to the Aaronitic priests, including the tithe of tithe due them from the Levites; מִעֲשֵׂרוֹת, Ma'aseroth, tithes (5), of the tithes due to the Levites; מִעֲשֵׂר שֵׁנַי, Ma'aser Sheni, second tithe (5), of the tithe which was eaten or otherwise spent in the joy of the yearly feasts, but which in the third year was given to the poor; חִלְּה, Challah, dough (4), refers to the tribute from the baking-trough, which was given to the priests; עָרְלָה, Orlah, literally foreskin (3), of the forbidden fruits of the trees in Palestine during the first three years of their growth (Lev_19:23); בַּכּוּרַים, Bikkurim, first-fruits (4), treats in its first three chapters of the firstfruits which were to be brought to the tabernacle and given to the priests (Deu_26:5), while the fourth chapter is only added to it to bring it to the close of one of the six great parts, and is called Α᾿νδρόγυνος, androgynos, spelled in Hebrew אנדרוגינוס, the man- woman, and contains a few laws as to persons of doubtful sex.
II. The next great division, מוֹעֵד, Mo'ed, season, contains twelve treatises. The first, שִׁבָּת, Sabbath (24), treats of the duties of that day; remarkable for the enumeration of thirty-nine different kinds of work, by each of which; separately, the guilt of Sabbath-breaking may be incurred. Of each kind a type is given, to which many other actions may be compared as falling within the same reason. A very great proportion of the treatise is taken up with the laws of mere Sabbathismus (see above). The next treatise, עֵרוּבַין, Erubin, mingling (10), deals with those ceremonies by which the Sabbath boundary was extended, mingling a whole town into one fictitious yard, so that carrying within it should not be unlawful; or how the Sabbath boundary of a town, within which one might walk on the Sabbath-day, can be extended. Then comes פְּסָחַים, Pesachim (10), which relates to the Passover, and all things connected with its celebration; שְׁקָלַים, Shekalim, shekel-pieces (8), about various tributes, going to the Temple, and various rites in it, at different seasons of the year; יוֹמָא, Yoma, the day (8), on the service of the day of Atonement; סֻוּכָּה, Sukkah, hut (5), about the hut and festival bunch of the Feast of Tabernacles, and the rules about reading the Psalms of Praise (113-118) on that and other feasts; בֵּיצָה, Betsah, egg (5), so called from its first word. An egg laid on a feast-day, the school of Shammai says, may be eaten; the school of Hillel says, may not be eaten (i.e., on the same day) this being one of the very few cases in which the latter school is stricter than the other. It is not pretended that guilt under the law is incurred by eating fresh-laid eggs on holidays. The treatise deals mostly with what may or may not be done on the great holidays in the preparation of food, actions which on the Sabbath would be clearly unlawful. Next, הִשָּׁנָה ראֹשׁ, Rosh Hash-shanah, New- year (4), gives the laws of the feast which goes by that name among the later Jews, but which in the Bible (Lev_23:24) is called the first of the seventh month; it also teaches how to fix the days of new moon. The treatise תִּעֲנַית, Ta'anith, fast (4), refers principally to the prayers for rain, and to the fasts, private and public, that were kept in years of drought; מְגַלָּה, Megillah, the scroll (4), refers to the feast of Purim, the reading of (the scroll of) the Book of Esther, then of the reading of the Pentateuch and Prophet lessons, and denounces as heretical certain variations in the liturgy and certain spiritual modes of construing passages of the law; for instance, He who takes the law of incest figuratively should be silenced; that is, he who extends it to the disgracing his father or mother. This passage is evidently directed against the early Christians, and their modes of teaching. The treatise מֹועֵד קָטָן, Mo'ed Katan, small holiday (3), treats mainly of the mourning rites, these being forbidden on all feasts, even on the half-holidays between the first and last day of Passover and of the Feast of Huts; while the last treatise, חֲגַיגָה, Chagigahl, feasting (3), speaks of the voluntary sacrifice-other than the Paschal lamb offered by the individual Jews on the great feasts.
III. The third part of the Mishna is called נָשַׁים, Nashim, women, and embraces seven treatises. The first of these, יְבָמוֹת, Yebamoth, Levirate (16), discusses the law found in Deu_25:5-9. Its first section may give a good idea of the manner of the Mishna: Fifteen women free their rival wives and their rival's rivals from the shoe-pulling' (Deu_25:9) and brother's marriage to the world's end: his daughter (the dead brother's wife being the daughter of a surviving brother), son's daughter or daughter's daughter; his wife's daughter, wife's son's daughter, or wife's daughter's daughter; his mother-in-law, mother- in-law's mother, father-in-law's mother; his sister on the mother's side, mother's sister or wife's sister, and the wife of his brother by the mother's side, and the wife of his brother, who was not alive at the same time with him, and his daughter-in-law; all these free their rival wives, etc. (that they are free themselves is taken for granted). The treatise כְּתוּבוֹתKethuboth (13), discusses the prescribed marriage contracts and marital rights in general, and shows a much higher regard for the rights of wives and daughters than most, if not all, ancient codes of law; נְדָרַים, Nedarim (11), treats of vows, and contains some of that harsh casuistry which meets with rebuke in the New Testament; נָזַיר, Nazir, the crowned (9), of the special vow of the Nazarite (Num_6:2); סוֹטָה, Sotah, the erring woman (9), of the ordeal for wives suspected of faithlessness (Numbers chapter 5). The last chapter of this treatise relates the gradual decay and downfall of national and religious life in Israel from the times of the early Maccabees; it foretells the signs of the approaching Messiah, and winds up with setting forth the qualities that lead upwards to eternal life. The next treatise, גַּטַּין, Gittin, divorce-bills (9), is set apart to the law of divorce; and קַדּוּשַׁין, Kiddushin, betrothals (4), the last of this great division, to the laws of the marriage ceremony. But a great part of it is taken up with counsels as to the trade or profession in which an Israelite should bring up his son; and many occupations are named which unmarried men should not follow, on account of the great facilities they offer for unchaste practices.
IV. The fourth grand division is styled נְזַיקַין, Nezikin, injuries, and most of the ten treatises contained in it deal with the principles and the practice of civil and criminal law. The first three treatises, each of ten chapters, are called by Aramaic names בָּבָא קִמָּא, Baba Kamma, the first gate, i.e., court; בָּבָא מְצַיעָא, Baba Metsi'a, the middle gate; בָּבָא בִתְרָא, Baba Bathra, last gate-and discuss the laws between man and man in matters of property, that are deducible from the Pentateuch, or had been suggested by experience. In the first gate the law of bailment is taught, without being involved in the obscurities of the degrees of negligence which the Roman lawyers have thrown around it; the only principle recognised is, What was the intent of the bailor when he made the loan, or pledge, or deposit of his goods? against what dangers did he intend to secure them? what risks did he intend to take? The text in Exo_22:6-14 shows that even a depositary without hire is liable for theft, though not for forcible robbery; for that the goods should not be stolen was the very object of the deposit. The same general doctrine prevailed in the English law, till lord Holt, chief justice during the reign of queen Anne, disturbed it by views imported from Roman jurisprudence. The measure of damages for assault and bodily injuries is also given, and the eye for eye of the sacred text is construed as meaning only damages in money for the lasting injury; while an additional allowance must be made for loss of time, cost of cure (Exo_21:19), pain and disgrace this last element of damages being derived from the cutting off the hand in Deu_25:12, which is taken figuratively only.
The fourth treatise is named סִנְהֶדְרַין, Sanhedrin (i.e.Συνέδρια), courts of justice (11). The first two chapters set forth the constitution of the Jewish commonwealth, rather as the Pharisaic party would have wished to see it, than as it ever was, with all the great powers, political and judicial, in the hands of the supreme court of seventy-one learned judges; and both the high-priest and king as figure- heads. Of the latter it is said, The king does not judge, and none judges him; does not testify, and none testifies concerning him. The practice in criminal cases is minutely set forth; while cases of bailments or trespasses, arising under the peculiar Mosaic law, were to be tried by three judges, and ordinary commercial cases even by a single judge; criminal charges must be tried before courts composed of twenty-three members. The forms were analogous to those of England and America that is, based on the idea of accusation and defence, not of inquiry and confession. No person once acquitted could be retried, but all facilities were given, to the last moment, to establish the innocence of the convicted, either on points of law or fact. The modes of capital execution are also given stoning and burning in such a way as to cause instant death. Among the chapters which begin, The following are stoned, The following are hung, we find also one which begins thus, The following have no share in the world to come: he who says, The resurrection is not found in the law, or the law is not from heaven, and the Epicurean (materialist). The next treatise, מִכּוֹת, Makkoth, stripes (3), treats of the punishment of false witnesses, and of crimes punishable by stripes; then comes שְׁבוּעוֹת, Sheb'oth, oaths (8), about the decisive oath in civil causes; there was no other oath, as witnesses always testified without oath under sanction of the commandment not to bear false witness. The admission and forms of testimony are then discussed in עֵדָיוֹת, Edayoth, testimonies (8). Then comes עֲבוֹדָה זָרָה, Abodah Zarah, idolatry (5), showing what manner of intercourse with idolaters and what things connected with idolatry are forbidden to the Israelite; for instance, the use of wine handled by a Gentile; for he might have made an idolatrous libation of it. The next treatise, אָבוֹת, Aboth, fathers (5), contains the collected wisdom of the fathers, which name here, but nowhere else, is bestowed upon the sages of the Mishna. The whole of it, with a good English translation, can be found in the common (orthodox) Jewish prayer-book, SEE LITURGY, where a sixth chapter of somewhat later origin is added. The treatise opens, as above stated, by bringing the tradition down from Moses to the Great Syiod; it then carries it from (1) Simon the Just, one of its last survivors, to (2) Antigonus of Socho. who taught to despise reward, and is said to have given rise to the Sadducaean heresy; (3) Jose of Zeredah and Jose of Jerusalem; (4) Joshua, son of Perahiah, whom later legends, by an anachronism, describe as the teacher of Jesus and Nittai the Arbelite; (5) Jehudah, son of Tabbai, and Simeon ben-Shetah, the reformer of the criminal and civil law, and defender of religion and liberty against the tyranny of king Jannaeus; (6) Shemaiah and Abtalyon, said to be of convert descent; (7) Hillel and Shammai, the founders of the great rival schools; (8) Johanan, or John, the son of Zaccai; (9) Gamaliel, known as the teacher of Paul, and seemingly a son or grandson of Hillel; (10) Simeon, his son; (11) Gamaliel. the son of Simeon; (12) Jehudah Hakkadosh, the compiler of the Mishna. The couples in this chain are generally thought to consist of the president and vice-president of the Sanhedrin for the time being, called respectively נָשַׂיא(prince) and אִב בֵּית דַּין(father of the court). The treatise contains the favorite moral and dogmatic sayings of these and other rabbins. Many of them are merely practical rules of life; some address themselves to judges; but more of them exhort to the study of the law, and still more to good works. The future world is much: referred to; and one rabbi Jacob (chapter 4:§ 21) says, in the spirit of the early Christians. This world is the anteroom to the coming world; prepare in the anteroom, that thou mayest enter the banqueting-hall (triclinium). But the study of the law and good works (מַצְוֹת, Mitzvoth, commandments), and not faith, is recommended as the road to future happiness. Elsewhere unbelief is denounced as forfeiting the world to come; but it seems that in the present treatise this tenet was not insisted on. A very remarkable point is the endeavor (chapter 5:8, 9) to reconcile the philosophic view of unchangeable laws of nature with the Biblical account of miracles: Ten things were created in the twilight of the eve of Sabbath (of creation week) that is, the mouth of the earth (which swallowed Korah), the mouth of the well (in the wilderness), the mouth of Balaam's ass, the rainbow, the manna, the rod (of Moses), the diamond worm (said to have cut the stones for the Temple), the alphabet, the writing (on the tables), and the tables. The last treatise of this part is הוֹרָיוֹת, Horayoth (3), concerning forms of trial.
V. The fifth grand division, קֹדָשַׁים, Kodashim, with its eleven treatises, relates mostly to sacrifices, and was obsolete when the Mishna was composed. The very full treatment given to this subject shows how strong were the hopes of a speedy restoration. We have here זְבָחַים, Zebachim, slaughtered offerings (14); מְנָחוֹת, Menachoth, offerings made of flour (13), whose subject is indicated by their title, though somewhat more is comprised in them. But the next treatise, חוֹלין, Cholin, unsanctified things (12), treats of the food allowed or disallowed to the Jew; especially of the mode of slaughtering beasts and fowls, and of the marks of disease, which render the eating of their flesh unlawful. We have then בְּכוֹרוֹת, Bekoroth, (sacrifices of) first-born animals (9); עֵרָכַין, Erakin, estimates (9), i.e., for redeeming consecrated men or beasts in money, according to the standard laid down in Leviticus (chapter 5 and 27); תְּמוּרָה, Temurah, exchange (7), referring to the exchange of the beasts; כְּרַיתוֹת, Kerithoth, excisions (6), which teaches what sins are threatened with the punishment, That soul shall be cut off from its people. This treatise is put in this connection because most of the sacrifices dealt with in this division are penances for sin. It is followed by מְעַילָה, Me'ilah, (the sacrifice for) embezzlement (6), see Lev_5:15; and תָּמַיד, Tamid, daily sacrifice (7), whose titles express their main subjects. The latter closes with the list of the psalms that were sung by the Levites in the Temple on the seven days of the week: Sunday, Psalms 24; Monday, Psalms 48; Tuesday, Psalms 82; Wednesday, Psalms 94; Thursday, Psalms 81 : Friday, Psalms 93; on the Sabbath, of course, Psalms 92. The next treatise, מַדּוֹת, Middoth, measures (5), gives an exact description of the Herodian temple, and of all its appointments. The division closes with the rather mystical treatise, קַנַּים, Kinnim, nests (3), which discusses the law on birds' nests (Deu_22:6).
VI. The last grand division, טָהַרוֹת, Tohoreth, cleanness, is the largest of all, though it was also in most of its parts useless when the Mishna was written: as the right to enter the Temple or to eat of sanctified food (respectively to be eaten as sanctified food) are the main tests of technical cleanness. We find here twelve treatises: כֵּלַים, Kelim, vessels (30); אֹהָלוֹת, Ohaloth, tents (18), the latter of which treats of the communication to a house and to its contents of uncleanness by the presence of a dead body in it. This remained of interest to the Aaronitish priests, who must not defile themselves with a dead body other than of their next blood relations; which law is supposed to remain in force notwithstanding the disuse of sacrifices. Then comes נְגָעַים, dega'im, plagues (14), about leprosy; פָּרָה, Parcah, the cow (12), the ashes of which were used to purge the defilement by the touch of the dead (Num_19:2); טָהַרוֹת, Tohoroth, here in the sense of purification (10); מַקְוָאוֹת, Mikvaoth, bathing-cisterns (10), which retain an interest beyond the Holy Land, and beyond the times of the Temple, in connection with the next treatise; נַדָּה, Niddah, the separated, i.e., the menstruating woman (10). Then we have מִכְשַׁירַין, Makshzrin, what renders fit (to receive uncleanness) (6); זָבַים, Zabim, spermatorrhoea (5); טַבּוּל יוֹם, Tibbul Yom, dipping of the (same) day (4), the ablution of vessels in cisterns, which, as a shadow of Levitical cleanness, was kept up in post- templic times; יָדִיַם, Yadayim, hands (4), which refers to the washing of hands, an avowedly rabbinic institution. The last treatise of the whole collection is עוּקָצַין, Ukatsin, fruit stems (3), with some unimportant laws about Levitical cleanness; among others, those that relate to fruitstems. At the end is placed a reflection on the blessing of peace, so that the book may close with the favorite verse (Psa_29:11), The Lord give strength to his people; the Lord bless his people with peace.
The principal commentaries on the Mishna are, of course, the Talmuds Jerusalem and Babylonian: the former covers the whole work, while the latter omits much of the obsolete parts. But the Mishna, or by the more appropriate phrase מַשְׁנָיוֹת, in the plural (setting aside the singular form for the single section), is found published, without either Talmud, in six volumes, each of which contains one of the great divisions. It is generally accompanied by two running commentaries, both of which take most of their matter from the Talmud; the first of these, by R. Obadiah, of Bartenora, is explanatory; the other, called the Tosephoth (i.e., additions), of R. Yom Tob, of Prague, raises and solves difficulties and seeming contradictions, and was written towards the beginning of the Thirty-Years' War. Maimonides wrote a much more valuable commentary on the Mishna in 1168; but being written in Arabic, and but partially rendered into the rabbinical Hebrew, it is seldom used or seen. The Hebrew abridgment, entitled מַשְׁנֶה תוֹרָה, or סֵפֶר הִי8ד, i.e., the book of fourteen (books), and divided into four parts, was published at Soncilio (1490, 2 volumes, fol.): republished at Venice (1524, 3 vols. fol.) and at Amsterdam (1701, 4 volumes, fol.). Selections from it were made in English by Bernard, entitled The [Main Principles of the Creed and Ethics of the Jews, exhibited in Selections from the Yad Hach azakah of Maimnonides, with a literal English Translation, copious Illustrations from the Talmud, etc. (Camb. 1832, 8vo); and an entire version into English made by several writers, under the editorship of E. Soloweyezik, was begun at London (1863, 8vo). Various commentaries in the rabbinical language, of no great merit, written during the 17th and 18th centuries, are printed in the ordinary editions of the Mishna, which are quite cheap To the Persian Jews the Mishna is the only standard, as the Talmuds are almost unknown among them. (L.N.D.)
Editions of the Mishna. The principal editions of the Mishna are by (1) Menasse ben-Israel, with short glosses (Amsterd. 1631); (2) Jose ben- Israel (ibid. 1646); (3) Israel ben-Elijah Gbtz, with Cabalistic Book Jetsira (Venice, 1704, 8vo); (4) with the commentary of Maimonides (Naples, 1492, fol.); (5) do., Mishnaioth in Perush Rambarn (Venice, 1606, fol.); (6) and by far the best and favorite edition, by Prof. Surenhusius of Amsterdam, which is furnished not only with the commentaries, but also with a Latin translation. It is entitled, Mischna, sive totius Hebrceorum Juris, Rituue, Antiquitatum, et Legumn oralium Systema, cum clarissimorum Rabbinorum Maimonidis et Bartenorae Commentariis in tegris, quibus accedunt variorum Auctorum Notes et Versionis in eos quos ediderunt Codices (Amst. 1668-1703, 6 volumes, fol.). The several treatises of the Mishna have also been translated into Latin by different authors, the principal of whom are:
Order./Treatise.
Translator.
Publication.
I. Berakoth
Edzard
Hamb. 1713, 4to.
Peah
Gnisius
Oxf. 1690, 4to.
Demai
Kilaim
Shebiith
Terumoth
Maaseroth
Maaser
Sheni Surenhusius.
Challah
Orlah
Ludwig
Leipsic, 1695.
Bikknrim
1696.
II. Sabbath
Schmid & Wottoll
Leipsic 1670.
Erubin
Pesachim
Surenhusius.
Shekalim
Otho
Geneva, 1675.
Yoma
Sheringham
London, 1648.
Sukkah
Dachs
Cologne, 1726.
Betsah
Surenhuuis.
Rosh-hashanah.
Houting
Amsterd. 1695.
Taanith
Lundy
Cologne, 1694.
Megillah
Surenhusius.
Moed Katan
Chagigah
Ludwig
Leipsic, 1796.
III. Yebamloth
Surenlhusius.
Kethuboth
Fast
Basle, 1699.
Nedarim
Ulmnann
Leipsic, 1663.
Nazir
Sotah
Wagenseil
Altorf, 1663.
Gittin
Surenhubius.
Kiddushin
IV. Baba Kama
L'Empereur
1637.
Baba Metsia
Surenhusius.
Baba Bathra
Sanhedrin
Cocceis
Amsterd. 1629.
Makkoth
Shebuoth
Ulmann
1663.
Edaoth
Surenhusius.
Aboda Zara
Peringer
Altorf, 1680.
Aboth
Surenhusius
.
Horioth
Ludwig
Leipsic, 1696.
V. Zebachim
Ulman
1663.
Menachoth
Surenhusius.
Cholin
Bekoroth
Erakin
Temurah
Kerithoth
Ulmann
1663.
Meila
Surenhusius.
Tamid
Peringer
Altorf, 1680.
Middoth
L'Empereur
1630.
Kinnim
Surenhusius.
VI. Kelim, Ohaloth, Negaim, Parab, Tohoroth, Mikvaoth, Niddah, Makshirin, Zabim, Tibbul Yom, Yadaim, and Ukazin all by Suirenhusins.
The entire Mishna has been translated into Spanish by Abraham ben- Reuben (Venice, 1606, fol.); into German by Rabe: Die ganze Mischna (Ausbach, 1760-63, 6 volumes, 4to); and by Dr. Jost (Berlin, 1832-33, 6 volumes, 4to). Into English have been rendered the treatises Sabbath and Erubin by Dr. Wotton (Lond. 1718); the treatise Aboth, in the Jewish Prayer-book, by Young (Edinb.); the treatises Berakoth, Kilaim, Sabbath, Erubin, Pesachim, Yoma, Sukkah, Yom Tob, Rosh-hashanah, Taanith, Megilla, Moed Katan, Yebamoth, Kethuboth, Gittin, Kiddushin,.Cholin, and Yadainz, wholly or in part by De Sola and Raphall (Lond. 1843, 8vo; 2d ed. 1845).
From all this it appears that the Christian Church has been largely identified with a study of the Mishna, and that the charge, so frequently reiterated, that Christian theologians are unacquainted with Jewish traditional lore is unjust. Indeed it is very apparent that even the Church fathers were more or less familiar with the Mishna, which they termed δευτερώσεις. Jerome first mentions it (Epist. ad Aglas, qu. 10): I cannot declare how vast are the traditions of the Pharisees, or how anile their myths, called by them δευτερώσεις (Mishnaioth); neither would their bulky nature permit the attempt. Epiphanius also says, but with a dislocation of text (Hoer. 15, Jud.; also Haer. 13:26). The Jews have had four streams of those traditions that they term δευτερώσεις the first bears the name of Moses the prophet; the next they attribute to a teacher named Akiba; the third is fathered on a certain Andon, or Annon, whom they also call Judas [Hannasi]; and the sons of Apamonaeus [Asamonmi] were the authors of the fourth. So, too, Augustine, writing shortly before the date of the Jerusalem Talmud, says: Besides the Scriptures of the law and the prophets, the Jews have certain traditions belonging to them, not written, but retained in memory, and handed down from one to another named δευτερώσεις(c. Adv. Leg. et Ptoph. 2:1); and again, Deliramento Judaeorum ad eas traditionis quas δευτερώσεις vocant pertinentia. In the Middle Ages the gross ignorance of the clergy left this important field unstudied. With the Reformation, the Mishna became again an open book to the Christian clergy; and in modern days many of their number, especially in Germany, Holland, and England, have carefully covered this department of Biblical knowledge. Perhaps exception will be taken to this term by some, but let it be remembered that the Mishna, as the original text of the Talmud, and as a faithful picture of Jewish theology and ecclesiology in the apostolic and post-apostolic ages, should be known to every Christian student at least in its general outlines and a nearer acquaintance with its contents is indispensably required for successful investigation of the Hebrew element in primitive Christianity, as found in the New Testament, and in the New Testament alone (Rule, Keraites, pages 57-58). As to the estimate of this compiled tradition by the orthodox Hebrew, let us refer to a Jewish historian, who, in his eulogy of the Mishna, pronounced it a work, the possession of which by the Hebrew nation compensates them for the loss of their ancestral country; a book which constitutes a kind of homestead for the Jewish mind, an intellectual and moral fatherland of a people who, in their long discipline of suffering, are exiles and aliens in all the nations of the earth.
The dogmatic and moral teachings of the Tannain are well sketched by Jost in his Geschichte des Judenthums u. seiner Sekten, volume 2. The sketches in Milman's History of the Jews., 2:461 sq., are instructive on some points, though they do not always distinguish between the teaching of the Tannain and of later rabbins. See also Chiarini, Le Talmude; Geiger, Das Judenthunm; Gritz, Gesch. d. Juden, volume 4 (transl. N.Y. 1874); Rule, Karaites, ch. vi; Etheridge, Introd. to Hebr. Lit. page 114 sq.; the excellent articles on the Talmud by Dr. Deutsch in the Quarterly Review, October 1867, reprinted in the Eclectic Review, 1867; Christian Rememsbrancer, 1868, October; Amer. Biblical Repository, 2d series, 2:261 sq.; Kitto, Journal of Sacred Lit. 6:42 sq.; Edinburgh Rev. 1873, July, art. 2; Furst, Bibliotheca Judaica, 2:40 sq.
CYCLOPEDIA OF BIBLICAL, THEOLOGICAL AND ECCLESIASTICAL
press 1895.
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