MISHNA
336
MISHNA
chal lamb— offered by the individual Jews on the great feasts.
iii. The third part of the Mishna is called £"^'^3, -Vw- s)iim. women, and embraces seven treatises. The first of these, rin';', Yebamoth, Levirate (16), discusses the law found in Ueut. xxv, 5-9. Its first section may give a good idea of the maimer of the Mishna: "Fifteen women free their rival wives and their rival's rivals from the ' shoe-i)ulling' (Dent, xxv, 9) and brother's marriage to the world's end: his daughter (the dead brother's wife being tlic dangliter of a surviving brother), son's daugh- ter or dau<;htcr"s daughter; his wife's daughter, wife's son's daugiiter, or wife's daughter's daughter; his moth- er-in-law, mother-in-law's mother, father-in-law's moth- er; 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 ni-"r2, Kethuhoth (13), discusses the prescribed marriage con- tracts 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 ; C'^'^'l?, Ntdu- rim (11), treats of vows, and contains some of that harsh casuistry which meets with rebuke in the New Testa- ment; "1''T3, Nazir, the crowned (9), of the special vow of the Nazarite (Numb, vi, 2) ; HalD, Sotah, the erring woman (9), of the ordeal for wives suspected of faithlessness (Numb. ch. v). The last chapter of this treatise relates the gradual decay and downfall of nation- al 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, "pKS, Giltin, divorce-bills (9), is set apart to the law of divorce ; and 'p'.r^l'^p, Kidduskin, betrothals (i), 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 Israel- ite should bring up his son ; and many occupations are named which inimarried men should not follow, on ac- count of the great facilities they offer for unchaste prac- tices.
iv. The fourth grand division is styled 'pp''T3, Nczi- kin, 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, arc called by Aramaic names — S^^i? ^??) £ciba Kamma, the first gate, i.e. court; ^^''''^'C 5*33, Baba Metsi'a, the middle gate; Jf^rS X23, 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 negli- gence which the K(jman lawyers have thrown around it ; the only princii)le recognised is, What was the intent of the bailor when he made the h)an, or pledge, or deposit of his goods? against what dangers did he intend to secure them';" wliat risks did he intend to take"? The text in Exod. xxii, 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 tlie very object of tlie deposit. The same general doctrine prevailed in the English law, till lord Unit, chief justice during the reign of queen Anne, disturbed it l)y views imported from Itomau 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 injurj'; while an additional allowance must be made for loss of time, cost of cure (Exod. xxi, 19), pain and disgrace — this
last element of damages being derived from the "cutting off the hand" in Deut. xxv, 21 , which is taken figuratively only. The fourth treatise is named T^';'7~ID, Sunhedrin (i. e. "S-vvicpia), courts of justice (11). The first two chapters set forth the constitution of tiie Jewish com- monwealth, 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 su- preme 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 minutelv 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 f)f England and America — that is, based on the idea of accusation and defence, not of in- quirj' and confession. No person once acquitted could be retried, but all facilities were given, to the last mo- ment, to estabUsh the innocence of the convicted, either on points of law or fact. The modes of capital execu- tion 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 follow- ing 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, ri2"2, Makkolh, stripes (3), treats of the punishment of false witnesses, and of crimes pun- ishable by stripes; then comes PIS'^S'iT, SlubiCoth, oaths (S), about the decisive oath in civil causes; there was no other oath, as witnesses always testified without oath under sanction of tlie commandment not to bear false witness. The admission and forms of testimony are then discussed in ri'^'iS", 'Kdayoth, tes- timonies (8). Then comes iT^T iTTi~", ^Ahodiih Za- rah, 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 (Jentile ; for he might have made an idolatrous libation of it. The next treatise, T'Z^.Abof/i, fathers (5), contains the collected wisdom of the "fa- thers," which name here, but nowhere else, is bestowed upon the sages of the jNIishna. The whole of it, with a good English translation, can be found in the common (orthodox) Jewish prayer-book [see LrrinGv], where a sixth chapter of somewhat later origin is added. The treatise o])cns, as above stated, by bringing the tradition down from IMoses to the Great Synod ; 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 Sadducsean heresy; (3) Jose of Zercdah and Jose of Jerusalem ; (^4) Joshua, son of Perahiah, whom later legends, by an anachronism, describe as the teacher of Jesus, and Nittai the Arbe- lite; (.')) Jehudah. son of Tabbai. and Simeon beii-She- tah, the reformer of the criminal and civil law, and de- fender of religion and liberty against the tyranny of king Janna?us; (6) Shemaiah and Alitalyon, said to be of convert descent; (7~) Ilillcl and Sliammai, the found- ers of the great rival schools; (8) Johanan, or John, the son of Zaccai: (9) (iamaliel. known as the teacher of Paul, and seemingly a son or grands-on <if Ilillcl; (10) Simeon, his son ; ( 1 1) (iamaliel. the >oii of Simeon ; ( 12) Jehudah Hakkadosh. the compiler of the Jlishiia. Tlic "couples" in this chain are geiiemlly thought to r(>ii>iLa of the president and vice-president of the Sanhedrin for the time being, calUd respectively X'^rj diriiice) and ■•^'7 r"!? 3N; (father of the court\ The treatise contains the favorite moral and dogmatic sayings of