TALMUD
180
TALMUD
in her scandalous behavior, for it is said (Deut. xxiv, I), 'Because he found iu her some unclennness ;' but the school of Ilillel says, 'Even if she spoiled His food, be- cause it ia said some uncleaiiuess.' li. Akiba suys, ' Eveu if he found one handsomer than she, for it is said, if it happen that she found no favor iu his eyes.' "
30. "punp, Kiddnshin, or betrothals, in four chapters: a. IT^ip; nCXn, of the different ways in which a wife is ac- quired, and how she rej^ains her liberty; of the difference of prayers which are incumbent upon the man and wife, in and outside of the land of Israel (10 sections), b. w'Xn ir'lp'2, of valid and invalid betrothals (10 sections), c. ■n^nb "I -IXn, of betrothals made under certain condi- tions : of children of different marriages (13 sections), d. ■«Qn",n n"lw'S', of the different kinds of families whicli may intermarry and w^hich cannoi; of the evidence of a known or unknown lineage; rules accoiding to which a man ought not to be in a secluded place alone with wom- en ; counsels as to the trade or profession iu which an Is- raelite should bring up his son ; occup-ations which an un- married man should not follow, on account of the great facilities they offer for unchaste practices. It also stales that all ass-drivers are wicked, camel-drivers are honest, sailors are pious, physicians are destined for hell, and butchers are company for Amalek (U sections).
IV. 'pp*f3 "l"!3. Seder Kezikin (Damages). This Seder contains ten tractates:
31. N^Sp X32, Baba Kamma, or the/rs( gat^, so called because in the East law is often administered iu the gate- way of a city. It treats, in ten chapters, of damages : a. n3X ni'^TX, of four kinds of damages, restitution and its amount (4 sections), b. bj'^n lli'^w, how an animal can cause damage, and of the owner who is obliged to make restitution (0 sections), c. rT'J'Cn, of damage caused by men ; of goring oxen (U sections), d and e. "I';a, continuation, and of damage caused by an open pit (9 and 7 sections). /. 02i::n, of damage caused by necrli- geni feeding of cattle and by tire (6 sections), g. n2""172, of restitution, when it is double, twofold or fivefold (7 sec- tions), h. bS'nn, of restitution for hurting or wounding (7 sections), i. ^TIJIH, what to do, in case some change happens with something robbed ; of the fifth part above the usual restitution, in case of perjury (12 sections), j. b^ZN'CI bTISil, of sundry cases, applicable to the restitu- liou of stolen goods (10 sections).
32. ri"i jl^ N33, Baba Metsiah, or the middle gate, in ten chapters, treats of claims resulting from trusts: a. d'^StJ ■pTniX, and b. Pli<"'lJ'2 ibx, what to do with goods which ■were found (S and 11 sections), c. T'pS'an, of deposits (12 sections), d. amtl, of buyins, and different kinds of cheating (12 sections), c. ItlT'^X, of different kinds of usury and overtaxing (11 sections). /. "iDVi'n, of the rights of hiring (8 sections), jr. "i^riBll TX "IDVCn, of the rights of laborers concerning their eating, and what they may eat of the eatables they work on ; of the four kinds of keeping, and what is meant by dne.% i. e. casus fortuitus (11 sections), h. >XTw'ri,continuation,aud again of hiring (9 sections), i. bsp'Sn, of the rights among farmers; of wages, and taking a pledge (13 sections), j. r.^nn, of divers cases when something belonging to two has fallen in ; of the rights of public places (6 sec- tions).
33. XinS X-2, Baba Bathra, or the last gate, in ten chapters, treats of the partition of immovables, laws of tenantry, joint occupation, and rights of common: a. "^SmiTl, of the partition of such things as are iu com- mon ; what each has to contribute, and how one can be obliged to make a partition (6 sections), b. IISH'' X3, of divers kinds of servitude; what and how far something must be removed from the neighbor's premises for differ- ent causes (14 sections), c. Pptn, of superannuation of things, and its rights (12 sections), d. IT^nn PlX IDITyll, what is sold along with the sale (9 sections), e. "iDlian nS'^SOfl rX, continuation, and how a sale may be made
void (11 sections). /. niT^S "IZI^JI, for what a person must be good; of the required size of different places and the right of passing through (8 sections), g. I^INH, of becoming security for a sold acre and of other things per- taining to it (4 sections), h. "J'^pma C, of inheritances (S sections), i. V^'ii "^?3, of the division of property (10 sections), j. liTJD I3J, what is required in order to make a contract legal (8 sections).
34. 'p'^TilDD, Sanhedrin, or courts of justice, in eleven chapters: a. r'i3'"i'2''a "'S'^'l, of the difference of the three tribunals of, u, at least three persons; /3, the small Sanhe- drim of twenty-three persons; and, 7, the great Sanhedrim of seventy-one persons (6 sections). 6. PTIS 'lilD, of the privileges of the high-priest and king (5 sections), c. ''S'^l riaTCS, of appointing judges ; unfitness for being judge and witness ; of hearing the witnesses and publishing the sentence (8 sections), d. inx, of judgments in money and judgments in souls; a description how they sat in judgment (5 sections), e. 'ppT3 1TI, again of exam- ining witnesses, and what must be ob^erved in capital punishments (5 sections). /. "1^33, of stouiug iu special (6 sections), g. mn''T2 SS1X, of the other capital pun- ishments; those that were to be stoned (11 sections), h. "iTiD "p, of stubborn sous and their punishments, with so many restrictions, however, that this case hardly could ever have occurred (7 sections), i. 'f] 15X1, of criminals who were burned or beheaded ^,G sections), j. PX" w^ 72, of those who have part in the world to come, viz. "all Is- rael" (6 sections). But the following have no share: he who says that the resiu'rection of the dead is not found in the law, or that there is no revealed law from heaven, and the Epicurean. Besides, there are excluded from the world to come, Jeroboam, Ahab, Alanasseh, Balaam, Doeg, Ahitophel, and Gehazi. So, likewise, the genera- tiim of the Deluge; that of the Dispersion (Gen. xi, 8) : the men of Sodom, the spies, the generation of the wilder- ness, the congregation of Korah, and the men of a city given to id<datry. In the Gemaia a good deal is spoken of the Messiah, k. 'ppinrn ■JH ibx, of those that are strangled, especially rebellious elders and their puuisb- nient (6 sections).