CHAPTER XII.

Of the Mishna, or Oral Law.

The Pentateuch, or written law, was communicated by God to Moses, and by him to the people of Israel at different times, and adapted to the various seasons, places and circumstances during the forty years' sojournment in the wilderness.

The mode adopted in instructing the Israelites in the wilderness in the divine law was as follows: Every passage or chapter of the written law, whether historical or preceptive, was written by Moses, as received from God himself, which he placed before his council or senate, called, afterwards, Sanhedrin, as well as before the whole body of the people. This council consisted of seventy elders, or senators, the most learned and pious among the nation, of whom Moses was the president. Every chapter of the law was explained by Moses according to the oral tradition, which he received coeval with the written law. The agreement of these two was proved in such a way as to show that the oral law is the true and genuine spirit and sense of the Pentateuch; that they are so intimately and inseparably connected with each other as to be considered as one and indivisible.

Aaron, the high priest, was honored with the appointment of repeating, for the instruction of the people, all the learning taught by his brother Moses. Aaron was succeeded by his sons. Then came the elders who gathered together all the Israelites and placed them in their several academies for the study of the law. Every individual of Israel was permitted to make memoranda of the oral law, in order to assist the memory, for personal and private convenience, but the public instruction was taught orally. This oral tradition was transmitted from Moses down to the days of the celebrated Rabbi, Judah the Prince, son of the learned Simon the Just, about a hundred and fifty years after the destruction of the second temple. After the death of Moses, Joshua the son of Nun, his successor, taught the said law in his Sanhedrin, and delivered it to the elders who succeeded him; and in like manner the tradition of the Mishna was successively transferred from generation to generation, and was concluded by Rabbi Judah, above named, who flourished in the reign of the Emperor Antoninus, by whom he was honored with the title of Prince, and invested with a supremacy of power for his office. It was generally believed in those days that there never rose up in Israel any man like unto him, in whom so much piety, wealth and glory were united.

It was in consequence of his extreme piety and devotion to spiritual purposes only, and divesting himself of all worldly cares and pleasures, that he was designated Rabbinu Hakodesh, or the Holy Rabbi. This pious man, acting as president of the Sanhedrin, consulted his colleagues, who, perceiving the decline of literature, such as contained in the oral law at that period, and fearful of the consequences thereof to the nation at large, took into their serious consideration the necessity of adopting some plan by which such tradition should not be entirely forgotten. They saw and felt that the many sufferings and persecutions inflicted upon their co-religionists would ultimately be the cause of the loss of that knowledge which was so dear to them as God's own people. That it would be impossible for future generations to understand the practical part of the divine precepts as embodied in the Pentateuch. It was therefore with holy zeal that they judged it proper to collect and compile all the oral tradition explanatory of the written law and commit the same to writing, in order that it should be handed down to posterity. This is the same Mishna now in existence among the Jews at this day. It is written in short sentences and aphorisms, and generally considered to be in pure Hebrew, with some few exceptions. It contains full elucidations of the Pentateuch, as admitted by the most eminent Jewish doctors of all ages, who testify that without such elucidations the written law would have remained a sealed book to the world at large.

In the following chapter we shall treat of the Gemara, or Completion, usually called the Talmud, the same being a commentary on the Mishna.

For the present, we shall content ourselves by laying before our readers a succinct account of the contents of the Mishna.

The Mishna is divided into six general heads, called in Hebrew, Sedoreem, orders or classes. The first is styled Zeroeëm, which signifies _seeds_, and is subdivided into eleven sections.

FIRST--BEROCHOUT, OR BLESSINGS.--This section treats of the laws directing the order of prayers and thanksgivings for the produce of the earth, and for all other benefits conferred on man by the beneficent creator; with the consideration as to time and place when they are to be said or repeated.

SECOND--PYOH, OR CORNER.--This section treats of those laws which direct the leaving of the corner of the field, as the portion for the benefit of the poor, as commanded in the book of Leviticus.

THIRD--DEMAI, OR DOUBTFUL.--This treats of such things of which there exists some doubt, as to tithes having been paid for them, the Israelites not being allowed to eat of anything until it had been tithed.

FOURTH--TERUMOUS, OR OBLATIONS.--This section points out such things of which a portion was to be set apart as devoted to the use of the priests.

FIFTH--SHEVINGIS, OR SEVENTH.--This section explains the laws of the seventh year, called the Sabbatical year, during which period the land was to remain at rest, and lie fallow; and during which time all debts were remitted and obligations canceled.

SIXTH--KILLAYIM, OR MIXTURES.--This portion lays down the laws which prohibit the mixing or joining of things together of an opposite or different nature or species; as, the sowing of various kinds of seeds in one and the same spot of ground; or suffering cattle of different kinds to engender; or the grafting a scion of one species of plant on the stock of another of a different character.

SEVENTH--MANGSIRE REESHOUN, OR FIRST TITHE. This section signifies the first tithes, and treats of the laws of the said tithes which shall be apportioned to the Levites.

EIGHTH--MANGSIRE SHYNEE, OR SECOND TITHES. This treats of the laws of the second tithes, which were to be taken up to Jerusalem, and there to be eaten, or to be redeemed, and the produce expended at Jerusalem in peace offerings.

FIFTH--CHALAH, LOAF, OR CAKE.--This section speaks of the laws relative to setting apart a cake of dough for the priests; of the description of dough the cake should be, and what kind of dough was prohibited from being used for the purpose.

TENTH--ORLAH, OR UNCIRCUMCISED.--This section explains the law touching the illegality of eating the fruit of any tree until the fifth year of its growth. As follows: During the first three years of its bearing fruit, it must not be eaten; the fourth year it was holy to the Lord; and on the fifth year, it was permitted to be eaten by the owner thereof.

ELEVENTH--BICKUREEM, OR FIRST RIPE FRUITS. This section treats of the manner in which the first ripe fruits were to be offered up in the holy temple at Jerusalem.

The second general head or class is called _Seder Moed_, or order of festivals. It is so denominated because it treats of all those laws which were made concerning festivals and days of solemn observance. This second class is divided into twelve sections.

FIRST--SABBATH, OR REST.--This is so called because it treats of all the laws respecting the Sabbath. This division contains twenty-four chapters.

SECOND--EYRUVEEN, OR MIXTURES, OR ASSOCIATIONS.--This section shows in what manner food might be conveyed from house to house on the Sabbath day. All the inhabitants of the court or place in which the association was formed, were allowed so to do. It also explains the rules laid down for any journey to be made on the Sabbath.

THIRD--PESOCHIM, OR PASSOVER.--This portion treats of all the laws, customs, and ceremonies, to be observed at the offering up of the paschal lamb on the eve of the festival of Passover.

FOURTH--SHEKOLEEM, OR SHEKELS.--This treats of the half shekels, which every Israelite, whether rich or poor, was bound to pay every year towards defraying the expenses of the daily sacrifices offered up on the altar in Jerusalem.

FIFTH--YOUMOH, OR DAY.--This section treats of the great and solemn day of atonement; pointing out the ceremonies of the day, and the duties of the high priest on that holy occasion. It also speaks of the sacrifices which were to be offered up as expiations for the sins of the people.

SIXTH--SUCCOH, OR TABERNACLE.--This portion treats of the feast of tabernacles. It points out in what manner the tabernacle should be built; the use of the palm tree, the citron, the myrtle, and the willow of the brook, which were ordered to be taken and used on the said festival.

SEVENTH--YOUM TOUV, OR FESTIVAL.--It is called, also, Bytsoh, or Egg, being the word with which it commences. This section contains the laws and regulations for the due observance of the festivals of the Lord. It points out what work may, or may not, be lawfully done on any of the festivals which are called holy days of convocation, on which all manual labor or traffic is prohibited.

EIGHTH--ROUSH HASHONO, OR NEW YEAR.--This treats of the laws and solemnities of the sacred day of the new year; such as the sounding of the _shouphar_ or _cornet_; of the prayers and regular service of that holy occasion. It describes, also, the ceremony for the observance at the appearance of the new moon, by which all the holy days were regulated by the Sanhedrin during the existence of the second temple.

NINTH--TANGANEES, OR FAST.--This division treats of the different fasts held throughout the year, and the manner in which they are to be observed by every Israelite. These fasts are held on different occasions for various reasons, and purposes; such as days of repentance, humiliation, and of calamity and misfortune which befel the nation in the several ages of persecution.

TENTH--MEGILLOH, OR ROLL OF THE BOOK OF ESTHER.--This section treats of the feast of Purim, and directs how the roll shall be written and read on this festival. It speaks of many other rules and regulations to be observed on this feast, which commemorates the miraculous deliverance of the Jewish people from the hands of the wicked Haman, who contemplated the destruction of the whole nation. It also treats of the laws concerning the synagogue, and the reading of the holy law on the several days of solemn and religious observance throughout the year.

ELEVENTH--MOED KOTON, OR LESSER FESTIVALS. This treats of such work as may or may not be done during the middle days of the passover and tabernacle holidays. It is, therefore, called Moed Koton, as the middle days of the said festivals are considered less holy than the first and last two days. It contains, also, the laws regulating the conduct of mourners.

TWELFTH--HAGIGAH, OR FESTIVAL OFFERINGS. This section specifies the laws relating to the offerings made on the different festivals; the description of the persons; how they are to be qualified, and in what manner they are to appear before the Lord on the three great festivals in every year, when all the Israelites that possibly could, were expected to be in attendance at the holy city of Jerusalem.

The third general head, or class, is called Nosheem, or women. This is subdivided into seven sections.

FIRST--YEVOMOUS, OR MARRIAGE.--This section is so called, as it treats of the laws by which one brother is expected to marry the relict of his deceased brother. It shows how, and when, the obligation shall take place; the duties and the ceremonies to be observed at the performance of the same.

SECOND--KESUVOUS, OR DOCUMENTS.--This speaks of the laws relating to marriage contracts, and dowries, and of estates, whether real or personal, which may fall to some married women; how the same shall be disposed of, by, or allotted to, the said party or parties.

THIRD--NEDOREEM, OR VOWS.--This treats of such vows which, when made, become binding, and by what persons such vows shall be made; how vows are considered null and void, since the husband has the power of confirming or annulling the vows of his wife. This law is very particularly specified, as to how such may be done; and the class of vows which fall under the control of the husband, and those which do not.

FOURTH--NOZEER, OR NAZARITE.--This section treats of those laws which guide the different classes of Nazarites who take upon themselves the vows of abstinence.

FIFTH--SOTAH, OR TO TURN ASIDE.--This treats of the enactments relating to trials occasioned through jealousy between man and wife; the nature of the punishment inflicted on the woman, if it be proved that she had been guilty of the crime of adultery.

SIXTH--GITTEN, OR LETTER OF DIVORCE.--This treats of the laws of divorce. It explains when, and under what circumstances, a divorce may be granted. It directs also all the formulæ to be used and observed in all cases of divorce.

SEVENTH--KEDUSHEEN, OR BETROTHING.--This treats of the laws, customs, and ceremony of betrothing; the forms, rites, and regulations to be observed at the solemnization of the marriage according to the laws of Moses and Israel.

The fourth general head, or class, is called Nezeekeen, or Damages. This class is divided into eight sections; the first of which is again subdivided into three separate sections, as follow.

FIRST--BOVOH KAMMA, OR FIRST GATE.--This first section treats of all such damages, which may be recovered for injuries done, either by man or beast.

SECOND--BOVOH MEZIAH, OR MIDDLE GATE.--This treats of the laws of usury. It explains what is, and what is not, considered an act of usury. It speaks also on matters of special trust; of letting or hire, and such like transactions between man and man.

THIRD--BOVOH BOSROH, OR LAST GATE.--This treats of the laws relating to commerce, copartnership, buying and selling; also, the laws of inheritance, and the right of succession.

The above three sections are called by the Talmud and Mishna, gates, because, in the East, the courts of law were held within the gates of the city.

SECOND--SANHEDREEN, OR SENATE.--This speaks of the great senate, as also of the minor courts of judicature; of the causes for trial, and the nature of the punishment inflicted for the several crimes; the four kinds of death, as the penalty for capital offenses. It describes, also, very minutely, the mode to be adopted by the Judges in the examination of witnesses.

THIRD--MACCOUS, OR PUNISHMENT.--This portion treats more especially of that which may constitute false testimony, or inadmissible evidence; the laws relative to the forty stripes inflicted on the delinquent; the reason why the rabbins directed that only thirty-nine stripes should be inflicted instead of forty, as stated in the bible; also, the manner in which the said punishment should be administered. It relates, likewise, the regulations to be observed by such persons who were compelled to seek shelter in the cities of refuge.

FOURTH--SHEVUNGOUS, OR OATHS.--This section explains the laws to be observed in the administration of an oath; in what cases an oath shall or shall not be submitted to the contending parties; who shall or who shall not be considered qualified to take the oath.

FIFTH--ADOYOUS, TESTIMONIES OR EVIDENCES. This treats of the decisions of the many important cases, collected from the evidence and testimony of the most eminent and learned rabbins and doctors of the great Sanhedrin of olden times.

SIXTH--AVOUDOH ZOROH, OR IDOLATRY.--This section is so called, as it treats of all manner of idolatry. It is also entitled the "_the worship of the planets_." It explains the manner and form of the different modes of worship, as practised by the idolatrous nations, with the view of preventing the Israelite from becoming contaminated by them.

SEVENTH--OVOUS, OR FATHERS.--This section contains the history of those holy fathers who, in their respective ages, successively received by tradition the oral law; from the days of Moses, the great lawgiver, down to the period when it was compiled and committed to writing by the celebrated rabbinu Hakodesh. It contains, also, many of the wise sayings, aphorisms, and moral maxims of the learned men, and is therefore called the "Ethics of the fathers."

EIGHTH--HOUROYOUS, OR PRECEPTS.--This section is so called, because it treats of the punishment and penalty to be inflicted on those who should presumptuously act against, or teach anything in opposition to, the decrees and decisions of the great Sanhedrin at Jerusalem.

The fifth general head, or class, is called Kodosheem, or holy things. It is subdivided into eleven sections.

FIRST--ZEVOCHEEM, OR SACRIFICES.--This section treats of the order to be observed in offering up the cattle for sacrifices, and points out their nature and quality. It also relates the time and the place; and specifies by whom they were to be killed and brought up as an offering upon the altar of the Lord.

SECOND--MINOCHOUS, OR MEAT OFFERINGS.--This portion treats of the oblations of oil, flour, and wine, proper for each offering; and of the two waive loaves, which were to be made of fine flour, such as were offered up, on the festival of pentecost.

THIRD--CHOOLIN, OR PROFANE.--This section points out that which is clean, and that which is unclean; what may and what may not be lawfully eaten; and the law which prohibits the killing of the dam and its young, both in one day. It also shows the law prohibiting the eating of the "sinew which shrank;" and the law forbidding the taking of the dam with its young. It, moreover, embraces the laws appertaining to the killing of cattle and fowl for domestic use; and who may, and who may not, be permitted to kill the animals for food to be eaten by Israelites.

FOURTH--BECHOUROUS, OR FIRST BORN.--This section treats of the laws relating to the first born of both man and cattle; pointing out in what manner, and at which period, they were to be redeemed, either with money, or brought up as an offering to the Lord. It speaks also of the tithes of all manner of cattle.

FIFTH--EYRACHIN, OR VALUATION, OR ESTIMATION.--This section treats of the manner in which things devoted to the Almighty are valued, so that they may be redeemed and applied to ordinary purposes; as also how the priest shall value a field, devoted or sacrificed to the Lord by its owner.

SIXTH--TEMUROH, OR EXCHANGE.--This portion explains how far it may be lawful to exchange one sacred thing for another; as, whether an animal which had been consecrated as an offering to be sacrificed to the Lord might be exchanged. In most cases, where an animal had been consecrated to the Lord, and then exchanged, both the animal and its substitute became sacred.

SEVENTH--KERISUS, OR EXCISIONS.--This section relates to offenses which, if wantonly committed, were punished by the offender being cut off from among the people, called _Kohrice_. It points out, at the same time, what offenders were liable to this punishment. It likewise explains how those who had offended through accident, had to bring a sin or trespass offering.

EIGHTH--MENGELOH, OR TRESPASS.--This portion treats of the nature of the trespass made by converting such things which have been consecrated and devoted to holy purposes, to profane or unholy matters.

NINTH--TOMEED, OR CONTINUAL OFFERINGS.--Herein are specified the daily sacrifices, and the description as to how, and in what manner, they were to be offered upon the altar of the Lord.

TENTH--MIDDOUS, OR DIMENSIONS.--This book is so called, because it speaks of the dimensions and proportions of the temple. It describes the mount on which the temple stood, and the full extent of the outer court. This was considered requisite to be known; for whoever had become unclean, from any circumstance whatever, was prohibited from entering the temple on pain of excision.

ELEVENTH--KONEEM, OR NESTS.--This section speaks of the birds, such as pigeons or turtle-doves, which were brought as offerings by the poor, instead of the more expensive, which they were unable to bring. The smaller value was equally acceptable to the God of mercy and kindness.

The sixth general head, or class, is entitled Taharous, or purifications. It is divided into twelve sections.

FIRST--KYLEEM, OR VESSELS, UTENSILS.--This book is so called, because it treats of the pollutions incident to vessels, and how they are to be purified from such uncleanness. It treats also of the manner in which garments of every description may be purified, in the event of their becoming polluted or defiled by uncleanness of any kind.

SECOND--OHOLOUS, OR TENTS.--This section treats of the manner in which houses become polluted; the nature of such pollutions; and how far those who enter such dwellings may thereby become contaminated, and how they may be purified.

THIRD--NEGOIM, OR PLAGUES, OR DISEASES.--This book explains all the laws relative to the plague of leprosy; whether on man or beast, dwellings or garments. It shows how and in what manner infection took place; and how the things or persons so afflicted may become purified.

FOURTH--POROH, OR HEIFER.--This section speaks of the laws relating to the red heifer; how the said heifer should be burned to ashes, in order to make the water for purification; and in what manner all defilements, contracted by the touch or contact of a dead body, could be purified by means of the ashes of the red heifer.

FIFTH--TAHAROUS, OR PURIFICATIONS.--This portion treats of all those laws pertaining to such defilements which may be contracted otherwise than by the touch of a dead body; and of the manner purification may, and can take place.

SIXTH--MIKVOOUS, OR BATHS.--This section treats of the laws and regulations for baths to be used for purification by ablutions; of all persons who may have from any cause whatever become unclean. Herein is also specified the manner in which the bath should be constructed, and the quantity of water required for every ablution.

SEVENTH--NIDDOH, OR SEPARATION.--This portion explains all the laws relating to the pollutions and purifications of women after child-birth, and on every occasion of uncleanness.

EIGHTH--MACHSHEREEN.--This section explains in what manner seed or fruit became susceptible of defilement or pollution through the admixture of liquids.

NINTH--ZOBEEM, OR ISSUES.--This portion treats of the laws relating to the impurities arising from the issues of the body; and points out how and when they are deemed unclean; and how and in what manner either persons or things may become affected by their pollution.

TENTH--TIBBUL YOUM, OR PURIFICATION OF A DAY.--This portion speaks of persons who may become unclean, and require ablution to purify them; which purification cannot be considered complete until the setting of the sun on the same day when the purification shall take place.

ELEVENTH--YODOYEEM, OR HANDS.--This section treats of the laws and regulations for cleansing the hands from any uncleanness; and the custom and ceremony to be observed in washing the hands on the different occasions.

TWELFTH--UKTSEEM, OR STALKS.--This last section is so called, because it explains how the touching of the stalks of any sort of fruit may convey pollution to the fruit itself.

SYNOPSIS OF THE FOREGOING MISHNA.

No. 1.--Seder Zeroeem contains 11 sections. No. 2.--Seder Moed contains 12 sections. No. 3.--Seder Nosheem contains 7 sections. No. 4.--Seder Nezekeen contains 10 sections. No. 5.--Seder Kodosheem contains 11 sections. No. 6.--Seder Taharous contains 12 sections. -- Total 63 sections.