The first, how to evaluate a live, or dead, foetus that is found during the ritual slaughter of a healthy animal, or on the emergency slaughter of a fatally injured animal, that has to be cut out by incisions through the abdominal wall and the uterus cf. XI, 8, 2 of Justinian.
The second, how to evaluate a foetus that has to be delivered by embryotomy as a consequence of dystocia. It is believed that, contrary to previous opinions in the History of Veterinary Medicine, there is no evidence of the performance of Caesarean section on living animals in the Talmud. National Center for Biotechnology Information , U.
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Order articles. Fetching bibliography Streane, Camb. Ewald, Nuremberg, Taylor, Camb. Strack, To Order IV. Schechter, In addition to these seven, other small Talmudic treatises are also reckoned edited by R. Kirchheim, Frankfort-on-Main, Montgomery, The Samaritans , pp. The Mishnah itself contains 63 tractates, or, since IV. The number is also given as 70 cf.
There are chapters or , see I. The Origin of the Mishnah.
The origin of the latter, which has become codified in the Mishnah, has often been discussed. It was supposed that it had been handed down by Ezra; that it was indebted to Joshua, David or Solomon; that it was as old as Moses, to whom it had been communicated orally or in writing, complete or in its essence. The traditional view is well illustrated in the words ascribed to R. Simeon Lakish, 3rd century A. There is no a priori reason why other legal enactments should not have been current when the compilation was first made; the Pentateuchal legislation is incomplete, and covers only a small part of the affairs of life in which legal decisions might be needed.
There must have been a large body of usage to which Jewish society subscribed; customary usage is one of the most binding of laws even among modern Oriental communities where laws in writing are unknown, and one of the most interesting features is the persistence in the East of closely-related forms and principles of custom from the oldest times to the present day.
Laws must be adjusted from time to time to meet changing needs, and new necessities naturally arose in the Greek and Roman period for which the older codes and usages made no provision. Much in the same way as Roman law was derived from the Twelve Tables, the Jewish written laws were used as the authority for subsequent modifications, and the continuity of the religious-legal system was secured by a skilful treatment of old precedents.
Thus, the problem of the origin or antiquity of the unwritten Oral Law, a living and fluid thing, lies outside the scope of criticism; of greater utility is the study of the particular forms the laws have taken in the written sources which from time to time embody the ever-changing legacy of the past. The course of development between the recognition of the supremacy of the Pentateuch and the actual writing down of the Mishnah and Gemara can be traced only in broad lines. It is known that a great mass of oral tradition was current, and there are a number of early references to written collections, especially of haggadah.
On the other hand, certain references indicate that there was a strong opposition to writing down the Oral Law. It is possible, therefore, that written works were in circulation among the learned, and that these contained varying interpretations which were likely to injure efforts to maintain a uniform Judaism. Mangey, ii. For the written collections, see Strack, op. Theodor, Jew. Lauterbach, ib. Bachcr, ib. Bible , v. The theory of an esoteric tradition is distinctly represented in 2 Esdras xiv.
Growth of the Mishnah and Gemara. The last culminate in Hillel q. Zakkai, founder of the seat of learning at Jamnia Jabneh. A little later about A. Hyrqanos at Lydda , and Ishmael b.
Elisha, the last of whom founded the school at Usha and is renowned for his development of the rules of exegesis framed by Hillel. At Jamnia, under the presidency of Gamaliel II. The more interesting names include R. Meir, a well-known haggadist, R. Simeon b.
Jose b. Jehudah b.
But, as collections of decisions were made by prominent teachers from time to time, confusion was caused by their differences as regards both contents and teaching Sotah , 22 a ; Shabb. Consequently, towards the close of the second century a thoroughly comprehensive effort was made to reduce the halakoth to order.
viptarif.ru/wp-content/whatsapp/2386.php Judah, grandson of Gamaliel II. He gathered together the material, using Meir's collection as a basis, and although he did not write the Mishnah as it now is, he brought it into essentially its present shape. Judah, above , and were famed for their knowledge of law; so numerous were their points of difference that the Talmud will emphasize certain decisions by the statement that the two were agreed. The latter, founder of the great school of Tiberias, has indeed been venerated, on the authority of Maimonides, as the editor of the Palestinian Talmud; but the presence of later material and of later names, e.
Jona and Jose b. Abin Abun , refute this view. The Babylonian Rabbah b. Joseph b. Meanwhile the persecutions of Constantine and Constantius brought about the decay of the Palestinian schools, and, probably in the 5th century, their recension of the Talmud was essentially complete. In Babylonia, however, learning still flourished, and with Rab Ashi the arranging of the present framework of the Gemara may have been taken in hand.
Rab Abina died , heads of the academy of Sura, the Babylonian recension became practically complete.
They may be looked upon as the last editors of the now unwieldy thesaurus; less probable is the view, often maintained since Rashi 11th century , that it was first written down in their age. The Two Talmuds. The Pal. Talmud did not attain the eminence of the sister recension, and survives in a very incomplete form, although it was perhaps once fuller.
It now extends only to Orders I. In the latter the Gemara follows each paragraph of the Mishnah; in the former, references are usually made to the leaves the two pages of which are called a and b , the enumeration of the editio princeps being retained in subsequent editions. The Mishnah is written in a late literary form of Hebrew; but the Gemara is in Aramaic except the Baraithas , that of the Bab.
Greek was well understood in cultured Palestine; hence the latter recension uses many Greek terms which it does not explain; whereas in the Bab. The Bab. Both Talmuds offer a good field for research see below. Nehemiah a contemporary of Meir and Simeon b. Abba and others; it is arranged according to the Mishnic orders and tractates, but lacks IV. The halakoth are fuller and sometimes older than the corresponding decisions in the Mishnah, and the treatment is generally more haggadic. The Palestinian Talmud, although used by the Qaraites in their controversies, fell into neglect, and the Babylonian recension became, what it has since been, the authoritative guide.
The legal, religious and other decisions formulated in the pontifical communications of one generation usually became the venerated teaching of the next, and a new class of literature thus sprang into existence. Meanwhile, as the Babylonian schools decayed, Talmudic learning was assiduously pursued outside its oriental home, and some Babylonian Talmudists apparently reached the West. However, the fortunes of the Talmud in a hostile world now become part of the history of the Jews, and the many interesting vicissitudes cannot be recapitulated here.
To the use of the Pal.
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Talmud by the Qaraites in their controversies with the Rabbis we owe the preservation of this recension, incomplete though it is. To the intolerance of Christians are no doubt due the rarity of old MSS. At the same time, the polemics had useful results since the literary controversy in the 16th century when Johann Reuchlin took the part of the Jews led to the editio princeps of the Babylonian Talmud Vienna, Owing to the nature of its contents the Talmud stood sorely in need of aids and guides, and a vast amount of labour of varying value has been devoted to it by Jewish scholars.
Of the many commentaries the first place must be given to that of R. Solomon Izhaki of Troyes see Rashi ; his knowledge of contemporary tradition and his valuable notes make it a new starting point in the interpretation of the Talmud. Both have often been printed; they were translated by Surenhusius Amsterdam, See Jew. The latter prepared a great summary of all Jewish religious and civil law, the standard work upon which Christian theologians from the 16th century onwards based their studies—and also their criticisms—of early Rabbinism.
Jacob b. Asher b. This great work systematized Talmudic law in all its developments, ancient and modern, written and oral I. Abrahams, Jew. The lengthy history of the written and oral law thus reached its last stage in a work which grew out of the Talmud but had its roots in a more distant past. It was at the dawn of a period when the ancient codes which had been continuously reinterpreted or readjusted were to be re-examined under the influence of newer ideas and methods of study. The haggadic portions of the Talmud were collected: a from the Bab. These are superseded by the recent translations made by A.
Kohut Vienna, ; supplement, New York, ; see further Jew. Modern dictionaries of the older Rabbinical writings have been made by J. Levy Leipzig, , M. Jastrow London and New York, , G.