Babylonian Talmud

Rodkinson 1918 — source 1, scan section 4

in the historical progress of Judaism. As we have taken our choice from the numerous works on our subject, the student is entitled to adopt or to reject the views that we represent. Most of the Mishnayoth date from a very early period, and originated with the students of the Jewish academies which ex- isted since the days of Jehoshaphat, King of Judah [II Chron. xvii. 9]. The rabbinical students of ancient times noted the essence of the academical teachings in brief form, and, as a rule, in the idiom in which it was spoken to them, so that they could after- ward easily commit it to memory. They have sometimes, how- ever, added comments and extensive explanations in the form of notes, so that the mass of their learning, embraced in course of time, according to some authorities, as many as six hundred divisions. The source of the Mishnayoth was the customs and regula- xvi BRIEF GENERAL INTRODUCTIOxN. tions practised by the authorities in their administration of reHg- ious and civil affairs : such as the Sabbath, Prayers, CleanHness (considered actually Godliness), Permitted and Forbidden Foods, and controversies arising concerning Slavery. Indebtedness and corporal punishment are subjects of academical discussion, con- ducted with the aim of perfecting them into national statutes enforcible in all Jewish communites alike. In course of time, however, when those Mishnayoth were noted down from earlier existing copies, many additions were made. Finally Rabbi Jehudah the Prince, generally called Rabbi, concluded to collect all the Mishnayoth in his college for proper arrangement. From these he selected six divisions, called ac- cording to the subject they deal with, viz.: Seeds, Feasts, Women, Damages, Sacrifices, and Purifications, and he proclaimed them holy for all Israel. Of the Mishnayoth so treated by Rabbi some were left entirely intact, and were reproduced in their original form. To others he parenthetically added brief comments of his own, and there are still others that he changed in form com- pletely, because already in his day old customs had changed and taken new forms. Such of them as he desired to make final and indisputable national laws he incorporated into the Mishna without mention- ing the names of their authors. Where, however, he could for- mulate no definite decision himself, or where they were well known to the public, he gave full information of their authors as well as the names of those opposed to their conclusions, without any de- cision on his part. In still others he menticned no names, but con- tented himself with saying " A'herim," i.e., " Anonymous teachers say," not wishing to specify their authority for certain reasons. Rabbi did not seek the compliance and agreement of all his contemporaries in his arrangement of the Mishna, and many differed from his conclusions and even arranged Mishnayoth in accordance with their own views. Being, however, a man of great prominence, influence, and wealth, Rabbi succeeded in quelling opposition and in making his conclusions as acceptable as the Mosaic law itself ; and his great pupils, seeing that his in- BRIEF GENERAL INTRODUCTION. xvii tenllons were only to prevent dissensions and his only aim the public weal, supported him nobly, until his teachings were ac- cepted as the law of the nation. Many Mishnayoth were rejected and destroyed by Rabbi, but, not being in possession of all those he wished to destroy, he went in search of them to colleges outside of his jurisdiction. There, however, he met with great opposition- Some of the Mishnayoth were hidden beyond his reach, others were secretly preserved and arranged within the very limits of his domain and promptly brought to light after his death. But Rabbi's pupils did not dignify them with the name MiSHNA, implying " next to Mosaic law,"* but called them TOSEPHTOTH, meaning "addi- tions of a later period," or merely additional, not principal, mat- ter. Some of them were also named BORAITHOTH (outsiders), i.e., secondary, not academical matter. They spread, however, very rapidly after Rabbi's death, and to such an extent as to threaten the Mishnayoth of Rabbi with entire extinction. Such would actually have been the result, had not the pupils of Rabbi organized again colleges whose aim was to perpetuate the Mish- nayoth of Rabbi, which they also accomplished. Colleges of that character were those of Rabh and Samuel in Babylon and Rabbi Janai and Rabbi Jo'hanan in Palestine. These colleges made strenuous efforts to explain and harmonize the Mishnayoth of Rabbi with the teachings of the Boraithoth, generally regarded as those of Rabbi Hyya and Rabbi Oshia, who were greatly ad- mired by the public. At times the Mishna of Rabbi was abbre- viated and replenished with the text of the Boraitha, or explained with an opposing opinion, so as to harmonize it with the latter or suit the new conditions and consequent changes of the custom that originally caused the conclusion of the Mishna. Where, hoAvever, they found no other way to suit their purpose, they in- serted a new Mishna of their own composition into the text of Rabbi. t * See Mielziner's " Introduction to the Talmud," page 6. f This was done by Rabh and R, Jo'hanan, the heads of the colleges in Babylon and Palestine; and in many passages of the Talmud the latter exclaims: "This xviii BRIEF GENERAL INTRODUCTION. The teachers mentioned in the Mishna of Rabbi or in the Boraithoth and Tosephta were called Tanaim {singular Tana) signifying Instructors, Professors. The teachings of the colleges, covering a period of some centuries, which also found adherents and became the trad'tional law, were called Gemara, signify- ing "conclusion." The intention was to harmonize Mishna and Boraitha, and, in most cases, to arrive at a final decision as to the proper interpretation Oi the theory of the law (as Rabbi Jo'hanan prohibited compliance with the Halakha unless it is mandatory). These Gemara teachers were called Amoraim (in- terpreters), i.e., they interpreted to the public the difificult pas- sages in the Mishna. Being classified as interpreters only, they had no authority to deviate from the spirit of the Mishna unless supported by another Tana opposing the Mishna, in which case they could follow the opinion of the Tana with whom they agreed. Rabhina and R. Ashi, who lived at the end of the fifth century (third century of Amoraim), began to arrange the Ge- mara, but without success, and commenced a second time to ar- range it. Unfortunately they died before accomplishing their task, and the Gemara had to undergo the chances of transmission from hand to hand until the appearance upon the scene of Rabana Jose, president of the last Saburaic College in Pumbeditha, who foresaw that his college was destined to be the last, owing to the growing persecution of the Jews from the days of " Firuz." He