Page:Encyclopædia Britannica, Ninth Edition, v. 16.djvu/525

Rh M I S H N A H 503 s of Epiphanius, 1 the traditions et of Jerome, 2 the Seirrepwo-is of Justinian, 3 and the rv3E&amp;gt; minV (&quot; the second to the law &quot;) of the Arukh* ; (2) re citation from memory, in contradistinction to reading from a book ; 5 (3) study : as such it is the equivalent of Midi-ash in the former part of its third signification ; (4) instruction : as such it is the equivalent of Midrash in the latter part of its third signification; 6 (5) system, style, view, line of study and instruction : as such it is identical with the Talmudical Shittah ; 7 (6) a paragraph of the Misknah: it is invariably employed in this sense in the Babylonian Talmud, and is identical with the word Halakhah, used for the same purpose, in the Palestinian Talmud ; and (7) the collection of the decisions of the whole &quot;oral law,&quot; i.e., the Mishnah in the concrete sense. The word Misknah has three different plurals: (1) the traditional Mishnayoth for signification (7), formed on the analogy of Mikvaoth (not, as some think, on that of Mikraoth or Midrashoth] ; (2) the correct, though ques tioned, Mishniyyoth for signification (6), formed on the analogy of Parskiyyoth from Parashah (or Parshah), not to speak of that of Maasiyyoth from Maaseh ; (3), the somewhat inelegant, but correct, Mishnoth, 9 which also serves for signification (6). Significations (1), (2), (3), (4), and (5) have, however inconsistent it may appear when one takes into consideration their respective equi valents, no plural whatever. So much for the Hebrew Mishnah. The Aramaic Mathnitho will be spoken of later. 2. Contents and Nature. The Mishnah consists chiefly of Halakhah; 9 there is, comparatively speaking, little Agadah 10 to be found in it. It is not, however, as many think, either a commentary on the Halakhic portions of the Pentateuch, or on the ordinances of the Sopherim, or on both together. It rather presupposes the knowledge of, and respect for, both the Mosaic and the Sopheric laws, and it only discusses, and finally decides on, the best mode and manner of executing these. The discussions and eventual decisions to be found in the Mishnah owe their existence principally to deep meditation on these two kinds of laws, notably on the former, by the rabbis of various ages, but chiefly by those who lived fifty years before and one hundred and fifty years after the rise of Christianity, the names of whom it faithfully gives, along with their respective discussions and decisions. There are but few cases to be found in the Mishnah which would critically come under the denomination of an Halakhah le- Mosheh mis-Sinai, i.e., an explanation (of a law) as directly 1 Ifseres., xv. (Kara ypa/j.fj.arfui ), in fine. Epiphanius was a native of Palestine, even if he was not, as some think, of Jewish parentage. As a Palestinian writer on Jewish and semi-Jewish matters he must have had a more than superficial knowledge of the Jewish traditions (the Mishnah, &c. ). And indeed, to judge from the account he gives of the various Jewish traditions (although the text of this account is extremely corrupt in every way), he was pretty well informed. For he tells us that the Jews have four kinds of traditions : such as are ascribed to Moses (by which he no doubt means the Halakhah le- Mosheh mis-Sinai) ; such as are ascribed to the sons of Asmonaeus (by which he means the Tekanolh, &c., of the Beth Dino shel Hash- monai; see T. B. l Abodah Zarah, 366); such as are ascribed to R. Akibah (the great teacher and martyr) ; and such as are ascribed to R. Andan, &c. (Rabbi Yehudah Hanuasi). 2 In Isaiam, cap. viii. 11-15. 3 Nov. cxlvi. (Utpl Efipalwv) Kt(f&amp;gt;. a, in media. 4 Article nJB&amp;gt;D (first definition). 5 Contrast Shanoh (n!)B&amp;gt;) with Kara (&O). 6 See article MIDRASH, p. 285. 7 See Schiller-Szinessy, Catalogue of Hebrew MSS. in the ^amoridge University Library, ii. p. 94. 8 See MS. Add. 464 (University Library, Cambridge), leaf 2836. 9 This word, derived from the root Halokh Oi?n), to go, is synony mous with Minhag (custom, practice) and Mishpat (rule), &c. 10 For the meaning of this term and the Agadic parts which are to be found in the Mishnah, see MIDRASH. given by God to Moses, and in uninterrupted succession received from him by the rabbis. Several cases given under this name in the Mishnah are not bona fide cases ; u for the test of such an Halakhah is that it must never have been contested by any one. 12 3. Method. A Mishnah, if genuine, never begins with a passage of the Pentateuch, and even comparatively seldom brings direct proof from or gives reference to it. When there is any exception to this rule it will be found, on close examination, either that such a paragraph belong* to a very early age (that of the Sopherim}, or that it is to be found in another work of the &quot;oral law,&quot; and is simply copied in the Mishnah, or, what is more likely, that, if independent, it belongs to a very late age, or, finally, that the proof or the reference thus given is only a later addi tion. One example of the true method of the Mishnah will, perhaps, better illustrate the foregoing statement than a sheet full of theorizing on the subject; and this one example will the more surely suffice because of its mixed (Mosaic and Sopheric) character. It is the very first paragraph of the whole Mishnah, and runs thus : &quot; From what time (of the day) does (may, should) one read the Shemd ( the taking upon oneself the yoke of the heavenly kingdom ) in the evening ? &quot; The Mishnah does not begin : One is in duty bound to read the Shemd in the evening, because it is written (Deut. vi. 7), &quot;And when thou liest down.&quot; For, in the first place, the law to read the Shemd evening and morning is not unquestionably Mosaic, as the words, &quot;And thou shalt talk of them, &c.,&quot; do not refer to this passage of the law particularly, but rather to the words of the Pentateuch in general; 13 and, secondly, it is needless to say that one is in duty bound to recite the Shemd twice a day, since every Jew readily acknowledges this duty and executes it, although it is not Mosaic. This duty of reading the Shemd, the grounds on which this duty rests, and how it is best fulfilled, are fully and ably discussed, developed, and finally settled in that part of the Talmud called Gemara, u the business of which it is to discuss the words of the Mishnah and to show the sources of the tradition, and eventually the pas sage in the Pentateuch (if on such the case rest) from which the respective disputants had derived their views, fec. 4. Purpose. Although it is a book containing Halakhic decisions, the Mishnah was never intended, as many think, to enable the reader thereof to decide from it immediately. This mistake is old 15 and widely spread, but a mistake nevertheless. The purpose of the Mishnah was and is simply to exhibit the development of the &quot; oral law &quot; and the view taken of this development by the rabbis of various times. For this reason one finds side by side with the opinions of the majority those also of the minority, which latter are very carefully given. But why, since these opinions of the minority can have no decisional effect ] The Mishnah itself ^Eduyyoth, i. 5) 11 See R. Asher b. Yehiel (Harosh), Hilekhoth Mikvaoth (coming close after this Rabbi s commentary on Xiddah, in the printed editions of the Bab. Talmud), i. 1. 12 There are, however, at least sixteen such bona fide cases to be found in the works of the &quot;oral law.&quot; 13 See T. B., Berakhoth, on Deut. xi. 19. 14 Gemara, or Gemoro, signifies concretely discussion on and final settlement of the contents of the Mishnah, from gcmar pC|), to study deeply, to come to a final result ; which last signification is, to some extent, to be found also in the Hebrew root gamor (~lb|). Compare T. B., Bobo Metsio, 33a, and Rashi, in loco. 15 See T. B., Sotah, 22. 16 The word niHV is variously pointed: Aduyoth, Ediyoth, and, as in the text, Eduyyoth, which last, if the name come from miy, because of the testimony of the witnesses on which this Massekheth chiefly rests, would be the only correct one. But it ought to be remarked that the Babylonian teachers must have spelled it Idiyyoth (best things), since its equivalent is given by them as Behirto (or Bchirotho). See T. B., Bcrakhoth, 27a and elsewhere.