Then he said to
his wife, “I know what these scholars want of me.
his wife, “I know what these scholars want of me.
Warner - World's Best Literature - v24 - Sta to Tal
The work of
abstract systematization begins: another opportunity for mental labor.
The Talmudic scholar never confines himself to the law on hand: he
compares it with others, finds similarities and dissimilarities, repeti-
tions and contradictions. A clever scholar will find some discrimi-
nating point by which the seeming repetition will be removed. The
text of the Mishna itself often presents difficulties. The language
is concise, at times enigmatical. Then the Mishna is not the work
of one hand. Its several parts are welded together, as a rule very
adroitly, yet occasionally in a manner to create incongruities or
ambiguities. It is the business of the Talmudic method to remove
these difficulties. On the other hand, the Mishna must be adapted to
new conditions and situations. New laws are formulated, which as
a rule are deduced from a principle discovered behind the concrete
decisions recorded in the law-book. As the work of the Talmudic
schools goes on from generation to generation it becomes more com-
plicated. The discussions of one generation are handed down to the
next, and become the basis of all subsequent operations. Conflicting
opinions become more frequent. One scholar is found to be at
variance with another. Sometimes it is discovered that contradictory
opinions are ascribed to one and the same scholar.
As far as pos-
sible, the rabbis try to reconcile contradictions. They are of too
peaceful a nature to allow contradictions to stand. These are in out-
line the characteristics of scholastic activity as it clustered around
the Mishna. Let us listen for a moment to a Talmudic discussion.
The first paragraph of the third chapter of the treatise Synhedrion
is on the programme. The Mishna is read. «In civil suits the court
must consist of three persons. Each party chooses one judge, while
the third is chosen by the two judges. According to Rabbi Meir, the
third is chosen by both parties. Rabbi Meir gives each party the
right to object to the other party's judge. The other scholars grant
this right only in the case when it is proved that the judge is
related to one party or morally disqualified; no judge who is morally
qualified or licensed can be objected to. According to Rabbi Meir,
each party may object to the other party's witnesses: according to
the other scholars, only when it is proved that the witnesses are
related or morally disqualified; witnesses morally qualified cannot be
ruled out of court. ” So far the Mishna. Now begins the discussion.
It is asked, How can any one object to a (competent, duly licensed)
judge? Rabbi Meir has in mind Syrian courts; i. 1. , judges who are
known as incompetent. It follows from this answer that Rabbi Meir
## p. 14459 (#653) ##########################################
THE TALMUD
14459
would not allow any one to object to competent judges. It is pointed
out that Rabbi Meir's colleagues in the Mishna state it as their
opinion that competent judges cannot be objected to; hence Rabbi
Meir apparently is of the opinion that all judges, even such as are
competent, may be objected to. The original question remains: How
can Rabbi Meir reasonably hold such an opinion? The master meets
the objection by resorting to textual emendation. In the opinion of
Rabbi Meir's colleagues he proposes to read, “No judge who is mor-
ally qualified can be objected to, for he is just as good as one duly
licensed. ” According to this reading, of course, Rabbi Meir as well is
of the opinion that licensed judges cannot be objected to: the con-
troversy turns about judges who are not licensed, but are otherwise
morally qualified; according to Rabbi Meir they may be rejected by
one of the parties, while according to the other scholars they are just
as good as licensed judges, and are therefore not open to objection.
One of the students quotes an extraneous source according to which
Rabbi Meir's colleagues, in the course of argumentation with him,
made the remark: You will not allow any one to object to a duly
licensed judge! It follows that the controversy really turned about
licensed judges. The original question remains: How can Rabbi
Meir reasonably hold such an opinion? The master who holds that
Rabbi Meir never permitted the rejection of duly licensed judges
claims that the student misquoted his source, and that the remark of
Rabbi Meir's colleagues should read, “You will not allow any one
to object to a judge who is accepted by a community as competent
(although not duly licensed)! ” The master even quotes a source of
equal authority as that adduced by the student where Rabbi Meir is
made to say, “One has a right to object until a judge is chosen who
is duly licensed. ” But the students are none the less unyielding.
They reason by analogy, and bid the master look at the second part
of the paragraph just read. Witnesses, they say, unless related or
morally disqualified, are fully competent, as much as a judge who is
duly licensed is in his sphere. Yet Rabbi Meir grants the litigants
the privilege of rejecting witnesses not related and morally qualified.
Hence Rabbi Meir is evidently of the opinion that even a licensed
judge may be rejected. The master is ready with his reply. He
quotes an older Talmudic scholar, who, when reading our paragraph,
remarked: "Is it possible that a holy mouth should have said such
a thing (that fully qualified witnesses may be rejected)? Read –
(witness (each party may object to the other party's witness, single
witness). Accordingly two witnesses, provided they are qualified,
cannot be rejected, even according to the opinion of Rabbi Meir;
therefore in the analogous case, a judge who is duly licensed will
be declared by Rabbi Meir not less than his colleagues to be above
rejection. Rabbi Meir's statement was made to read: “Each party
(
(
## p. 14460 (#654) ##########################################
14460
THE TALMUD
con.
may object to the other party's single witness. ” The students pro-
ceed to inquire whether a single witness is not insufficient per se,
independently of the objections of a litigant.
But I think we have had enough of the atmosphere of Talmudic
scholasticism and casuistry. We have heard enough to bear out our
general conception of Talmudic methods. Suffice it to say that the
scholastic work of several generations is finally codified. Multiply
discussions like the one which we listened to, by the number of para-
graphs and the smaller divisions contained in the Mishna, and you
will have a pretty fair conception of the bulk as well as of the char-
acter of the matter of the Talmud — the Talmud as a book. The
Babylonian (there is an earlier Palestinian recension embodying the
less developed Palestinian scholasticism) Talmud was probably edited
in the fifth century of our era. The work of the schools continued,
with the written Talmud now as the basis of their operations. The
Talmud was excerpted and commented upon. The best commentary
on the Talmud was written by a French Jew in the eleventh cen-
tury. In the same century an Italian Jew composed a Talmudic lexi-
Upon the Talmud are based the codes of Maimonides (twelfth
century) and Karo (sixteenth century). The Talmud is still studied
in the schools of eastern Europe, and is regarded by orthodox Jews
as authoritative.
It would be unjust to convey the idea that nothing except hair-
splitting discussions, on topics more or less out of touch with modern
interests, are to be found in the Talmud. There is enough in the
Talmud to justify its claim to the attention of the student of general
literature. It is by no means merely a literary curiosity to be picked
up at some antiquary's, marveled at, and then laid down and con-
signed to the dust of oblivion. The students of the Babylonian
schools, whose work the Talmud records, occasionally give expression
to a weighty maxim bearing witness to deep spiritual insight. The
casuistry engages all their attention; but it is not the whole of their
mental store that is exhibited in their dry discussions. They delve
deeply into the mysteries of the Law; the rich treasures of spiritual
life are equally known to them. They discourse on competent judges
and witnesses, on what may be eaten and what may not, on what it
is permitted to do on certain occasions and what is not permitted;
but they are equally experts on the inward concerns of man, and
speak wise words on lofty subjects. Listen to some of their obiter
dicta : – "Be in attendance upon the wise; for even the ordinary con-
versation of a scholar is well worth a study. ” “He who supports
himself by his own labor is greater than he who fears heaven; for
by thine own name they will call thee, and in thine own place they
will seat thee, and give thee of what is thine own: but he who
looks forward to the table of his fellow - the world, as it were, lies
## p. 14461 (#655) ##########################################
THE TALMUD
14461
dark before him, and his life is no life. ”
“He who forces an oppor-
tunity, the opportunity forces him back; but he who is patient, it
comes to him. ” “Where there is a man, there be thou not the
man. ” «He who runs after greatness, greatness escapes him; but he
who shuns greatness, greatness seeks him. ” “It is not the position
that honors the man: the man honors the position. ” “Better is one
feeling of contrition than many stripes. ” «A man's prayer is not
accepted unless he have made his heart as soft as fesh; as it is
written: 'And it shall come to pass, that from one new moon to
another, and from one Sabbath to another, shall all flesh come to
worship before me. » «Make thy Sabbath a week-day rather than
)
to depend on thy fellow-man. ” “A father who strikes his adult son
puts a stumbling-block before the blind. ” “He is rich who has a
wife of beautiful conduct. " "He who loves his wife as himself, and
honors her more than himself, in reference to him Scripture says:
(And thou wilt know that thy tent will be in peace. )) “He whose
first wife dies — the temple, as it were, was destroyed in his days;
the world is darkened to him. Everything may be replaced save the
wife of one's youth. The husband dies to none except his wife, and
the wife to none except her husband. ” «The teacher's work is the
work of the Lord: Cursed be he that doeth the work of the Lord
deceitfully. ) » «By a single right judgment the judge becomes a
participator in God's creation; as, on the other hand, all punishments
inflicted upon the world come because of the unscrupulousness of
judges. ” “Justice must make straight her path, even though mount-
ains be in the way. ” “Ye shall not make with me gods of silver
and gods of gold. But gods of wood ? Hence the passage is inter-
preted as referring to a judge who has secured his office through the
use of silver and gold. ” “You may violate one Sabbath to preserve
the life of a child one day old: violate one Sabbath so that he may
observe many Sabbaths. " "He who smites the cheek of his fellow-
man is a wicked person. A smiting hand deserves to be cut off. ”
« The highwayman simply restores the robbed property, but the thief
is punished with a fine; because the former slights both man and
God, while the latter fears the eye of man, but is unconcerned about
the eye of God. ” "He who robs his neighbor of the smallest amount
takes, as it were, his life. ” "He who sets his eye upon that which
is not his, is denied what he seeks, and is deprived of what he pos-
sesses. ” “He who causes his fellow to blush publicly, is guilty of
bloodshed. ” “He who slanders his neighbor denies the existence of
God; for it is written: Who have said, with our tongue will we pre-
vail; our lips are with us, who is lord over us? Of him the Holy
One, blessed be He, says, We cannot exist together in the world. ”
“They say of the man of the tongue, that he speaks here and kills
C
## p. 14462 (#656) ##########################################
14462
THE TALMUD
in Rome, speaks in Rome and kills in Syria. ” “The liar is not be-
lieved even when he tells the truth. ” “Falsehood is popular, truth
unpopular; falsehood is frequent, truth scarce: but truth prevails,
while falsehood does not prevail. «Ten hard things have been
created in the world: the rocks of mountains are broken by iron;
iron is melted by fire; fire is extinguished by water; waters are
borne by clouds; clouds are scattered by the wind; a fierce wind is
resisted by the body; a strong body is broken by fear; fear is dis-
pelled by wine; wine yields to sleep: but the hardest of all is death,
and alms-giving delivereth from death. ” “Who is under the obliga-
tion of alms-giving ? Even he who himself receives charity. ” “Feed
the hungry, if you are convinced that you are not imposed upon;
clothe the naked and ask no questions. ” “Charity is the salt of
wealth. ” “If you are not able to give yourself, encourage others. ”
« You are not obliged to make a poor man rich; but you must supply
all his wants. ” “Charity for the sake of pride is a sin. ” « The giver
should not know to whom he giveth; and the receiver should not
know from whom he has received. ” “He who does not visit the sick
is guilty of bloodshed. ” He who finds anything blameworthy in
his fellow-man must reprove him; on the other hand, he who un-
justly suspects his neighbor must ask his pardon. One in whose
power it is to reprimand the members of his household and fails to
do so, is held responsible for them; the greater a man's influence,
the greater his responsibility. He who leads his fellow-man to good-
ness is, as it were, his creator. ” “He who does not return a greet-
ing is guilty of theft. ” “Respect the customs of the place whither
thou comest; for Moses ascended to heaven and ate no bread, while
the angels descended to earth and partook of food. ” "If a man give
to his fellow all the gifts of the world grudgingly, it is accounted
to him as if he had given nothing; but he who receiveth his neigh-
bor with a cheerful disposition, even though he give nothing, it is
accounted to him as if he had given him all the gifts of the world. ”
“What is hatred of mankind ? A man ought not to say, I will love
the master but hate the student; love the student but hate the com-
mon man: but a man ought to say, I will love them all. ”
Interesting are the ethical testaments, or counsels given by a
dying teacher to his pupil:- “Do not enter your house suddenly,
much less the house of your neighbor. Take heed thereunto that
you honor your mother. More than a stranger can harm you, you can
harm yourself. Bargain not for goods when you have no means to
buy. Spread out a carcass in the street, and say not, I am a great
man: it is unbecoming to me. ” And to the daughters: “Be modest
in the presence of your husbands. When a person knocks at the
door, do not ask, Who (masculine) is there? but, Who (feminine) is
## p. 14463 (#657) ##########################################
THE TALMUD
14463
»
>
there ? » Of the same nature are ethical prayers:—“May my lot be
among those who dwell in the house of study, and not among those
who support it; among those who collect charity, and not among those
who distribute it; among those who are unjustly suspected of wrong-
doing. ” Sometimes the scholars give a review of their moral char-
acter, often when asked by their disciples to state the cause of their
long life:-“I have never acted against the will of my colleagues. ”
“I have never said anything which I afterwards retracted. ” “I have
never spoken profane speech. ” "I never rejoiced in the misfortune
of my fellow-man. ” “I never accepted a gift, nor insisted on my
rights. ”
Here are some of their thoughts on theological matters. "He who
is instructed in the Law, but lacks fear of Heaven, is to be likened
to him who has the key to the inner door, without that of the outer
door: how can he enter ? » << To love God is to act in such a man-
ner that the name of God is loved through us. ” “If one chooses to
sin, no obstruction is put in his path. ” « The evil thought is at first
like a thread of spider-web, but finally it becomes like a cart-rope. ”
«The evil thought settles at first in our heart like a traveler that
came from afar, but then it becomes a permanent lodger. It over-
whelms its host every moment, and seeks to kill him. It seduces
man in this world, and testifies against him in the world to come. ”
“There was a little city, and few men within it; and there came a
great king against it, and besieged it, and built great bulwarks against
it, etc. (A little city,' that is the body; and there came a great
king against it,' that is the evil thought; (and built great bulwarks
against it,' i. e. , the sins: 'now there was found in it a poor wise
man,' that is the good thought; (and he by his wisdom delivered the
city,' i. e. , by repentance and good works; yet no man remembered
that same poor man,' for when the evil thought obtains the upper
hand, the counsels of conscience are forgotten. ” « The evil thought
is the strange god in the heart of man. ” "In the future world God
will slaughter the evil thought in the presence of the righteous and
the wicked; to the righteous it will appear like a high mountain,
while to the wicked it will seem a tiny hair.
Both will weep.
The
righteous will say, How could we pass this great mountain ? The
wicked will say, How is it that we were not able to surmount this
tiny hair? ” “In the world which is to come there will be neither
eating nor drinking, nor wooing, no business, envy, hatred, or quarrel;
but the righteous, with crowns on their heads, will enjoy the splendor
of the Godhead. ”
We conclude with a few specimens of connected narrative found
in the Talmud. We select those of an ethical character.
## p. 14464 (#658) ##########################################
14464
THE TALMUD
< Do
Said Rabbi Johanan: The first verse of Psalm cxxvi. (“When the
Lord brought back those that returned to Zion, we were like unto
them that dream”) always caused difficulty to Onias (a pious man
who was famous for his successful intercessions in times of drought):
how can a man sleep for seventy years ? One day, as he was walk-
ing along the road, he saw an old man planting a carob-tree.
you know,” he asked the man, “that these trees do not bear fruit
before seventy years ? Do you expect to live seventy more years ? ”
The old man replied, “I found many carob-trees in the world: as
my fathers planted for me, I plant for my children. ” As Onias sat
down to partake of his scanty meal, he was overcome by sleep; and
covered from sight by a grotto, he slept seventy years.
When he
awoke, he saw a man eating of the fruit of that carob-tree.
planted this tree ? ” asked Onias. «My father's father. ” Onias said
to himself, I have then slept these seventy years. He proceeded to
his home. “Does the son of Onias live here ? ” he inquired.
son of Onias is dead," was the answer; “but you may see the grand-
Onias then introduced himself as the grandfather, but no one
would believe him. He went to the schoolhouse and overheard the
discussions of the scholars. « The lesson is as clear to us as it was
in the old times of Onias. ” He again introduced himself, but no one
would believe him or treat him with the respect he deserved. He
prayed to God that he would take him away from this world. That
is why people say, said Rabba, Either company, or death.
( Who
( The
Son. "
ABBA HILKIAH was the name of the grandson of Onias. Whenever
rain was scarce, he was asked to pray for rain; and his prayer met
with response.
Once two scholars were sent to him to ask of him a
similar favor. They went to his home, and were directed to the field
where he was digging. They greeted him, but he would not recog-
nize them. In the evening, on his way home, he put some wood on
one of his shoulders and his coat on the other. When he passed
through water, he put on his shoes. When he came among thorns,
he lifted his clothes. As he entered the village, his wife met him
in her best attire. When they came to the house, his wife entered
first and he followed her. He sat down to his evening meal, but did
not invite the two scholars. As he dealt out the bread, he gave his
younger boy two pieces, but one to the older boy.
Then he said to
his wife, “I know what these scholars want of me. Let us go up to
the roof and pray, perchance that God will have mercy and send
rain. ” He stood in one corner and she in another. The clouds were
soon seen to come from the side on which the wife stood. Then he
descended. “What do you wish ? ” said he to the scholars. « We
were sent to ask you to pray for rain,” answered they. “Blessed be
>
.
1
## p. 14465 (#659) ##########################################
THE TALMUD
14465
)
(
God,” he replied, “who made you independent of me. ” “We know
well,” said they, «that the rain came through you.
But would you
kindly explain to us some of the strange things we have witnessed ?
Why did you not return our greeting >» "I was hired by the day,
and did not deem it right to be idle for a moment. ” — «Why did you
put wood on one shoulder, and your coat on the other ? » « Because
my coat was not my own: I borrowed it for one purpose, and could
not use it for another. ” —«Why did you put on your shoes when
passing through water? “Because I can see what is on the road,
but not what is in the water. ” — «Why did you lift up your clothes
when you came among thorns ? ” “Because the flesh may heal, but
the clothes when torn cannot be made whole. " — «Why did your wife
meet you in her best attire ? ” “That I might not cast my glance
on another woman. ” “Why did you let us enter last ? » « Because
you were strangers, and I would not trust you. ”. “Why did you not
invite us to partake of your food ? ” « Because the food was scanty. ”
– “Why did you give the older boy one piece and the younger one
two pieces ? ” « Because the former stays at home, while the latter
goes to school. ” — “Why did the cloud appear from the side where
your wife stood ? » « Because a woman is always at home and has
more opportunity to give charity. ”
(
(
WHENEVER the collectors of charity saw Eleazar of Bartotha they
would hide themselves; for he would give them whatever he had.
One day he went to the market-place to buy a bridal outfit for his
daughter. The collectors saw him and hid themselves. But he fol-
lowed them and inquired what their mission was. He was told that
they were trying to raise money to buy an outfit for two orphans
that were to marry. By the service! ” said the rabbi: "they come
first. ” He gave them all the money he had save one zuz (a silver
denarius). With that he bought some wheat, and stored it away in
his corn chamber. The rabbi's wife was eager to see the outfit which
her daughter was to get. What did your father buy you ? " she
inquired of her daughter. "I do not know,” replied the daughter:
"he stored it away in the corn chamber. ” The key was hurriedly
brought, but the door could scarcely be opened: the chamber had
meanwhile by Divine blessing been filled with wheat. When the
scholar returned from the schoolhouse, his wife met him with the
glad news: “See here what your Lover has done for you! " "By
the service! ) was the rabbi's rejoinder: “sacred be it to thee! thou
canst have of it only as much as any other poor Jew. ”
There are indeed two sides to the Talmud: one rigidly formalis-
tic, legalistic, intellectual; the other ethical, spiritual, appealing to the
feelings. If viewed from the intellectual point of view. Talmudic
XXIV—905
## p. 14466 (#660) ##########################################
14466
THE TALMUD
thought is mature, analytic, critical, penetrating to the bottom of
things, capable of coping with the most abstruse and complicated
problems of the human mind. Talmudic scholasticism was an excel-
lent preparation for the philosophical and scientific erudition for
which the Jews of the Middle Ages were noted. To this very day, in
the Talmud schools are trained the future mathematicians, philolo-
gists, historians, critics, statesmen. If on the other hand the spirit-
ual test is applied to the Talmud, the result is equally satisfactory.
What we do regret is the disproportionally large space given to rit-
ualism, the symbols of religion; which, if made the chief and most
absorbing topic, may deal a fatal blow to religion itself. The Tal-
mud has, however, been among the Jews the creator of institutions.
The elementary schoolhouse and the higher academy; the various
organizations for mutual help, common study, or spiritual encourage-
ment; the societies for the dispensation of charity, for clothing the
naked, befriending the homeless, visiting the sick, burying the dead,
and for other purposes,— are all due to the influence of the Talmud.
Of the invisible influence exerted by the Talmud on the individual
Jew, his dealings with his fellow-men, his home life, etc. , we possess
unmistakable evidence in the lives of the great masters who were
brought up in Talmudic lore; who in all their walks of life, whether
in matters of ritual as the dietary laws, or in their moral and reli-
gious life, lived up to the letter of the Talmud, and were noted for
their sincere piety and their saintly life. We have moreover the best
evidence in the Jew of to-day, the Talmud Jew; who with all his
shortcomings, and no matter how lowly his lot may be, always pos-
sesses a certain degree of culture and spiritual wealth. Institutions,
however, are visible, tangible. There, even the outsider may recog-
nize the points of contact between the doctrines of the Talmud and
the practice of life. Such is the place which the Talmud still largely
occupies in Jewish life.
NOTES: HISTORICAL AND BIBLIOGRAPHICAL
1. The Jewish community of Babylonia had its origin in the Bab-
ylonian exile (597 and 586 B. C. ). In 537 and 458 only a small body,
consisting of the lovers of the ancient soil, returned to Palestine.
We hear nothing of the Babylonian Jewry until some time before the
destruction of the second temple (70 A. D. ). The famous scholar Hil-
lel, who flourished in the last decades of the first century B. C. , was
a Babylonian by birth. When the Temple was destroyed, the centre
of Jewish life still remained in Palestine. The descendants of Hillel
became the religious heads of the Jews throughout the Roman em-
pire; schools were established in various Palestinian towns: there was
## p. 14467 (#661) ##########################################
THE TALMUD
14467
little formality about the organization of a school; the scholars flocked
to this or that famous teacher, and the location of a school depended
on the teacher's place of residence. Most of the Jewish settlements
were in Galilee: there the schools that produced the Mishna, there
the schools that elaborated the Talmud of Palestine, are to be sought.
Then taught Jehuda the Holy One, whose activity in the last quarter
of the second century of our era gathered about him students from
near and far: his disciple from Babylon, Abba, carried back with him
his master's methods to his native country; with Abba, Jewish learning
in Babylonia may be said mainly to begin. The schools of Palestine
still continued to exist; the scholars of both countries were in con-
stant communication with one another: but the Babylonian schools
soon became more important, and when the schools of the mother
country came to an abrupt end with the advance of the Christian
Church (during the fourth century), the academies of Babylonia and
their heads came to be regarded as the representatives of Jewish
learning, and wielded great influence until they in turn yielded to the
advance of Islam; which again was the means of transplanting Jew-
ish science into Spain and the countries of Europe. But the influence
of Babylonia was felt even after it was extinct in the country where
it first manifested itself. The Talmud of Palestine was forgotten,
subsequently to be recovered from oblivion; it had no direct influence
on Jewish life in the Middle Ages. That is why when we speak of
the Talmud, we usually have reference to the Talmud of Babylon,
the Talmud par excellence. In all matters of law, the authority of the
iatter is final. Jewish Babylonia comprised the southern part of
Mesopotarnia.
2. The literature that clustered around the Talmud may fairly
be said to be a library in itself. The commentary spoken of in the
text is that of Solomon ben Isaac, commonly called Rashi, of Troyes;
he died in 1105. His disciples, who belonged at the same time to
his family, carried on his work in the form of supplementary notes
to the Commentary commentaire, kontres), called by the Hebrew
name Tosaphoth (supplements). Our ordinary Talmud editions have
the text in the centre of the page, with Rashi's commentary on
the inner and the Tosaphoth on the outer side. The author of the
lexicon is Nathan of Rome. The words are alphabetically arranged;
and the exegetical work underlying the meanings which are assigned
to them is mainly based on tradition and the works of older com-
mentators. The codes based on the Talmud and alluded to in the
text are written in the language of the Mishna,- i. e. , not in Ara-
maic, but in late Hebrew; they also adopt the Mishnic method, inas-
much as discussions are avoided, the result being stated in concise
language. It is needless to say that these codes have not escaped
## p. 14468 (#662) ##########################################
14468
THE TALMUD
the commentator's zeal; they are therefore as a rule printed in the
form of the Talmud, text in the middle and commentaries on the
two margins. To these codes, with their commentaries and super-
commentaries and glosses and scholia, the orthodox rabbi has recourse
whenever he is consulted on any matter of Jewish law; he may then
at times follow up a given decision to its very source in the Talmud.
But the Talmud is still studied without regard to practical application:
the dialectical exercise in quick questioning and answering is suffi-
ciently fascinating. In modern times the Talmud is also studied by
Christians. Portions of the Talmud are translated, but as
a rule
badly: the right method has as yet been hit upon by no translator.
D. A. de Sola and M. J. Raphall have translated eighteen treatises of
the Mishna into English (London, 1843). A French translation of the
greater part of the Palestinian Talmud was made by Moise Schwab
(Paris, 1871-1890). Of the Babylonian Talmud, single treatises have
of late been translated into modern languages. To mention one, Hagi-
gah was translated into English by A. W. Streane (Cambridge, 1891).
The criminal and civil legislation contained in the Talmud was elab-
orated in French by J. J. M. Rabbinowicz (Paris, 1876-1879). Professor
Hermann L. Strack of the University of Berlin is the author of a
German introduction to the Talmud (Berlin, 1894); more comprehens-
ive is the English introduction written by Professor Moses Mielziner
of the Hebrew Union College (Cincinnati, 1894). The treatise Aboth
(The Sayings of the Fathers) has been translated repeatedly: Charles
Taylor's translation (Cambridge, 1877) is the most scholarly. August
Wünsche has translated into German the haggadic portions of the
Talmud, - that is, those portions which are the production of the
leisure hours of the school, and deal with subjects which are of
more interest to the general reader (Zürich, 1880; Leipzig, 1886-1889).
a
Max Margols,
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abstract systematization begins: another opportunity for mental labor.
The Talmudic scholar never confines himself to the law on hand: he
compares it with others, finds similarities and dissimilarities, repeti-
tions and contradictions. A clever scholar will find some discrimi-
nating point by which the seeming repetition will be removed. The
text of the Mishna itself often presents difficulties. The language
is concise, at times enigmatical. Then the Mishna is not the work
of one hand. Its several parts are welded together, as a rule very
adroitly, yet occasionally in a manner to create incongruities or
ambiguities. It is the business of the Talmudic method to remove
these difficulties. On the other hand, the Mishna must be adapted to
new conditions and situations. New laws are formulated, which as
a rule are deduced from a principle discovered behind the concrete
decisions recorded in the law-book. As the work of the Talmudic
schools goes on from generation to generation it becomes more com-
plicated. The discussions of one generation are handed down to the
next, and become the basis of all subsequent operations. Conflicting
opinions become more frequent. One scholar is found to be at
variance with another. Sometimes it is discovered that contradictory
opinions are ascribed to one and the same scholar.
As far as pos-
sible, the rabbis try to reconcile contradictions. They are of too
peaceful a nature to allow contradictions to stand. These are in out-
line the characteristics of scholastic activity as it clustered around
the Mishna. Let us listen for a moment to a Talmudic discussion.
The first paragraph of the third chapter of the treatise Synhedrion
is on the programme. The Mishna is read. «In civil suits the court
must consist of three persons. Each party chooses one judge, while
the third is chosen by the two judges. According to Rabbi Meir, the
third is chosen by both parties. Rabbi Meir gives each party the
right to object to the other party's judge. The other scholars grant
this right only in the case when it is proved that the judge is
related to one party or morally disqualified; no judge who is morally
qualified or licensed can be objected to. According to Rabbi Meir,
each party may object to the other party's witnesses: according to
the other scholars, only when it is proved that the witnesses are
related or morally disqualified; witnesses morally qualified cannot be
ruled out of court. ” So far the Mishna. Now begins the discussion.
It is asked, How can any one object to a (competent, duly licensed)
judge? Rabbi Meir has in mind Syrian courts; i. 1. , judges who are
known as incompetent. It follows from this answer that Rabbi Meir
## p. 14459 (#653) ##########################################
THE TALMUD
14459
would not allow any one to object to competent judges. It is pointed
out that Rabbi Meir's colleagues in the Mishna state it as their
opinion that competent judges cannot be objected to; hence Rabbi
Meir apparently is of the opinion that all judges, even such as are
competent, may be objected to. The original question remains: How
can Rabbi Meir reasonably hold such an opinion? The master meets
the objection by resorting to textual emendation. In the opinion of
Rabbi Meir's colleagues he proposes to read, “No judge who is mor-
ally qualified can be objected to, for he is just as good as one duly
licensed. ” According to this reading, of course, Rabbi Meir as well is
of the opinion that licensed judges cannot be objected to: the con-
troversy turns about judges who are not licensed, but are otherwise
morally qualified; according to Rabbi Meir they may be rejected by
one of the parties, while according to the other scholars they are just
as good as licensed judges, and are therefore not open to objection.
One of the students quotes an extraneous source according to which
Rabbi Meir's colleagues, in the course of argumentation with him,
made the remark: You will not allow any one to object to a duly
licensed judge! It follows that the controversy really turned about
licensed judges. The original question remains: How can Rabbi
Meir reasonably hold such an opinion? The master who holds that
Rabbi Meir never permitted the rejection of duly licensed judges
claims that the student misquoted his source, and that the remark of
Rabbi Meir's colleagues should read, “You will not allow any one
to object to a judge who is accepted by a community as competent
(although not duly licensed)! ” The master even quotes a source of
equal authority as that adduced by the student where Rabbi Meir is
made to say, “One has a right to object until a judge is chosen who
is duly licensed. ” But the students are none the less unyielding.
They reason by analogy, and bid the master look at the second part
of the paragraph just read. Witnesses, they say, unless related or
morally disqualified, are fully competent, as much as a judge who is
duly licensed is in his sphere. Yet Rabbi Meir grants the litigants
the privilege of rejecting witnesses not related and morally qualified.
Hence Rabbi Meir is evidently of the opinion that even a licensed
judge may be rejected. The master is ready with his reply. He
quotes an older Talmudic scholar, who, when reading our paragraph,
remarked: "Is it possible that a holy mouth should have said such
a thing (that fully qualified witnesses may be rejected)? Read –
(witness (each party may object to the other party's witness, single
witness). Accordingly two witnesses, provided they are qualified,
cannot be rejected, even according to the opinion of Rabbi Meir;
therefore in the analogous case, a judge who is duly licensed will
be declared by Rabbi Meir not less than his colleagues to be above
rejection. Rabbi Meir's statement was made to read: “Each party
(
(
## p. 14460 (#654) ##########################################
14460
THE TALMUD
con.
may object to the other party's single witness. ” The students pro-
ceed to inquire whether a single witness is not insufficient per se,
independently of the objections of a litigant.
But I think we have had enough of the atmosphere of Talmudic
scholasticism and casuistry. We have heard enough to bear out our
general conception of Talmudic methods. Suffice it to say that the
scholastic work of several generations is finally codified. Multiply
discussions like the one which we listened to, by the number of para-
graphs and the smaller divisions contained in the Mishna, and you
will have a pretty fair conception of the bulk as well as of the char-
acter of the matter of the Talmud — the Talmud as a book. The
Babylonian (there is an earlier Palestinian recension embodying the
less developed Palestinian scholasticism) Talmud was probably edited
in the fifth century of our era. The work of the schools continued,
with the written Talmud now as the basis of their operations. The
Talmud was excerpted and commented upon. The best commentary
on the Talmud was written by a French Jew in the eleventh cen-
tury. In the same century an Italian Jew composed a Talmudic lexi-
Upon the Talmud are based the codes of Maimonides (twelfth
century) and Karo (sixteenth century). The Talmud is still studied
in the schools of eastern Europe, and is regarded by orthodox Jews
as authoritative.
It would be unjust to convey the idea that nothing except hair-
splitting discussions, on topics more or less out of touch with modern
interests, are to be found in the Talmud. There is enough in the
Talmud to justify its claim to the attention of the student of general
literature. It is by no means merely a literary curiosity to be picked
up at some antiquary's, marveled at, and then laid down and con-
signed to the dust of oblivion. The students of the Babylonian
schools, whose work the Talmud records, occasionally give expression
to a weighty maxim bearing witness to deep spiritual insight. The
casuistry engages all their attention; but it is not the whole of their
mental store that is exhibited in their dry discussions. They delve
deeply into the mysteries of the Law; the rich treasures of spiritual
life are equally known to them. They discourse on competent judges
and witnesses, on what may be eaten and what may not, on what it
is permitted to do on certain occasions and what is not permitted;
but they are equally experts on the inward concerns of man, and
speak wise words on lofty subjects. Listen to some of their obiter
dicta : – "Be in attendance upon the wise; for even the ordinary con-
versation of a scholar is well worth a study. ” “He who supports
himself by his own labor is greater than he who fears heaven; for
by thine own name they will call thee, and in thine own place they
will seat thee, and give thee of what is thine own: but he who
looks forward to the table of his fellow - the world, as it were, lies
## p. 14461 (#655) ##########################################
THE TALMUD
14461
dark before him, and his life is no life. ”
“He who forces an oppor-
tunity, the opportunity forces him back; but he who is patient, it
comes to him. ” “Where there is a man, there be thou not the
man. ” «He who runs after greatness, greatness escapes him; but he
who shuns greatness, greatness seeks him. ” “It is not the position
that honors the man: the man honors the position. ” “Better is one
feeling of contrition than many stripes. ” «A man's prayer is not
accepted unless he have made his heart as soft as fesh; as it is
written: 'And it shall come to pass, that from one new moon to
another, and from one Sabbath to another, shall all flesh come to
worship before me. » «Make thy Sabbath a week-day rather than
)
to depend on thy fellow-man. ” “A father who strikes his adult son
puts a stumbling-block before the blind. ” “He is rich who has a
wife of beautiful conduct. " "He who loves his wife as himself, and
honors her more than himself, in reference to him Scripture says:
(And thou wilt know that thy tent will be in peace. )) “He whose
first wife dies — the temple, as it were, was destroyed in his days;
the world is darkened to him. Everything may be replaced save the
wife of one's youth. The husband dies to none except his wife, and
the wife to none except her husband. ” «The teacher's work is the
work of the Lord: Cursed be he that doeth the work of the Lord
deceitfully. ) » «By a single right judgment the judge becomes a
participator in God's creation; as, on the other hand, all punishments
inflicted upon the world come because of the unscrupulousness of
judges. ” “Justice must make straight her path, even though mount-
ains be in the way. ” “Ye shall not make with me gods of silver
and gods of gold. But gods of wood ? Hence the passage is inter-
preted as referring to a judge who has secured his office through the
use of silver and gold. ” “You may violate one Sabbath to preserve
the life of a child one day old: violate one Sabbath so that he may
observe many Sabbaths. " "He who smites the cheek of his fellow-
man is a wicked person. A smiting hand deserves to be cut off. ”
« The highwayman simply restores the robbed property, but the thief
is punished with a fine; because the former slights both man and
God, while the latter fears the eye of man, but is unconcerned about
the eye of God. ” "He who robs his neighbor of the smallest amount
takes, as it were, his life. ” "He who sets his eye upon that which
is not his, is denied what he seeks, and is deprived of what he pos-
sesses. ” “He who causes his fellow to blush publicly, is guilty of
bloodshed. ” “He who slanders his neighbor denies the existence of
God; for it is written: Who have said, with our tongue will we pre-
vail; our lips are with us, who is lord over us? Of him the Holy
One, blessed be He, says, We cannot exist together in the world. ”
“They say of the man of the tongue, that he speaks here and kills
C
## p. 14462 (#656) ##########################################
14462
THE TALMUD
in Rome, speaks in Rome and kills in Syria. ” “The liar is not be-
lieved even when he tells the truth. ” “Falsehood is popular, truth
unpopular; falsehood is frequent, truth scarce: but truth prevails,
while falsehood does not prevail. «Ten hard things have been
created in the world: the rocks of mountains are broken by iron;
iron is melted by fire; fire is extinguished by water; waters are
borne by clouds; clouds are scattered by the wind; a fierce wind is
resisted by the body; a strong body is broken by fear; fear is dis-
pelled by wine; wine yields to sleep: but the hardest of all is death,
and alms-giving delivereth from death. ” “Who is under the obliga-
tion of alms-giving ? Even he who himself receives charity. ” “Feed
the hungry, if you are convinced that you are not imposed upon;
clothe the naked and ask no questions. ” “Charity is the salt of
wealth. ” “If you are not able to give yourself, encourage others. ”
« You are not obliged to make a poor man rich; but you must supply
all his wants. ” “Charity for the sake of pride is a sin. ” « The giver
should not know to whom he giveth; and the receiver should not
know from whom he has received. ” “He who does not visit the sick
is guilty of bloodshed. ” He who finds anything blameworthy in
his fellow-man must reprove him; on the other hand, he who un-
justly suspects his neighbor must ask his pardon. One in whose
power it is to reprimand the members of his household and fails to
do so, is held responsible for them; the greater a man's influence,
the greater his responsibility. He who leads his fellow-man to good-
ness is, as it were, his creator. ” “He who does not return a greet-
ing is guilty of theft. ” “Respect the customs of the place whither
thou comest; for Moses ascended to heaven and ate no bread, while
the angels descended to earth and partook of food. ” "If a man give
to his fellow all the gifts of the world grudgingly, it is accounted
to him as if he had given nothing; but he who receiveth his neigh-
bor with a cheerful disposition, even though he give nothing, it is
accounted to him as if he had given him all the gifts of the world. ”
“What is hatred of mankind ? A man ought not to say, I will love
the master but hate the student; love the student but hate the com-
mon man: but a man ought to say, I will love them all. ”
Interesting are the ethical testaments, or counsels given by a
dying teacher to his pupil:- “Do not enter your house suddenly,
much less the house of your neighbor. Take heed thereunto that
you honor your mother. More than a stranger can harm you, you can
harm yourself. Bargain not for goods when you have no means to
buy. Spread out a carcass in the street, and say not, I am a great
man: it is unbecoming to me. ” And to the daughters: “Be modest
in the presence of your husbands. When a person knocks at the
door, do not ask, Who (masculine) is there? but, Who (feminine) is
## p. 14463 (#657) ##########################################
THE TALMUD
14463
»
>
there ? » Of the same nature are ethical prayers:—“May my lot be
among those who dwell in the house of study, and not among those
who support it; among those who collect charity, and not among those
who distribute it; among those who are unjustly suspected of wrong-
doing. ” Sometimes the scholars give a review of their moral char-
acter, often when asked by their disciples to state the cause of their
long life:-“I have never acted against the will of my colleagues. ”
“I have never said anything which I afterwards retracted. ” “I have
never spoken profane speech. ” "I never rejoiced in the misfortune
of my fellow-man. ” “I never accepted a gift, nor insisted on my
rights. ”
Here are some of their thoughts on theological matters. "He who
is instructed in the Law, but lacks fear of Heaven, is to be likened
to him who has the key to the inner door, without that of the outer
door: how can he enter ? » << To love God is to act in such a man-
ner that the name of God is loved through us. ” “If one chooses to
sin, no obstruction is put in his path. ” « The evil thought is at first
like a thread of spider-web, but finally it becomes like a cart-rope. ”
«The evil thought settles at first in our heart like a traveler that
came from afar, but then it becomes a permanent lodger. It over-
whelms its host every moment, and seeks to kill him. It seduces
man in this world, and testifies against him in the world to come. ”
“There was a little city, and few men within it; and there came a
great king against it, and besieged it, and built great bulwarks against
it, etc. (A little city,' that is the body; and there came a great
king against it,' that is the evil thought; (and built great bulwarks
against it,' i. e. , the sins: 'now there was found in it a poor wise
man,' that is the good thought; (and he by his wisdom delivered the
city,' i. e. , by repentance and good works; yet no man remembered
that same poor man,' for when the evil thought obtains the upper
hand, the counsels of conscience are forgotten. ” « The evil thought
is the strange god in the heart of man. ” "In the future world God
will slaughter the evil thought in the presence of the righteous and
the wicked; to the righteous it will appear like a high mountain,
while to the wicked it will seem a tiny hair.
Both will weep.
The
righteous will say, How could we pass this great mountain ? The
wicked will say, How is it that we were not able to surmount this
tiny hair? ” “In the world which is to come there will be neither
eating nor drinking, nor wooing, no business, envy, hatred, or quarrel;
but the righteous, with crowns on their heads, will enjoy the splendor
of the Godhead. ”
We conclude with a few specimens of connected narrative found
in the Talmud. We select those of an ethical character.
## p. 14464 (#658) ##########################################
14464
THE TALMUD
< Do
Said Rabbi Johanan: The first verse of Psalm cxxvi. (“When the
Lord brought back those that returned to Zion, we were like unto
them that dream”) always caused difficulty to Onias (a pious man
who was famous for his successful intercessions in times of drought):
how can a man sleep for seventy years ? One day, as he was walk-
ing along the road, he saw an old man planting a carob-tree.
you know,” he asked the man, “that these trees do not bear fruit
before seventy years ? Do you expect to live seventy more years ? ”
The old man replied, “I found many carob-trees in the world: as
my fathers planted for me, I plant for my children. ” As Onias sat
down to partake of his scanty meal, he was overcome by sleep; and
covered from sight by a grotto, he slept seventy years.
When he
awoke, he saw a man eating of the fruit of that carob-tree.
planted this tree ? ” asked Onias. «My father's father. ” Onias said
to himself, I have then slept these seventy years. He proceeded to
his home. “Does the son of Onias live here ? ” he inquired.
son of Onias is dead," was the answer; “but you may see the grand-
Onias then introduced himself as the grandfather, but no one
would believe him. He went to the schoolhouse and overheard the
discussions of the scholars. « The lesson is as clear to us as it was
in the old times of Onias. ” He again introduced himself, but no one
would believe him or treat him with the respect he deserved. He
prayed to God that he would take him away from this world. That
is why people say, said Rabba, Either company, or death.
( Who
( The
Son. "
ABBA HILKIAH was the name of the grandson of Onias. Whenever
rain was scarce, he was asked to pray for rain; and his prayer met
with response.
Once two scholars were sent to him to ask of him a
similar favor. They went to his home, and were directed to the field
where he was digging. They greeted him, but he would not recog-
nize them. In the evening, on his way home, he put some wood on
one of his shoulders and his coat on the other. When he passed
through water, he put on his shoes. When he came among thorns,
he lifted his clothes. As he entered the village, his wife met him
in her best attire. When they came to the house, his wife entered
first and he followed her. He sat down to his evening meal, but did
not invite the two scholars. As he dealt out the bread, he gave his
younger boy two pieces, but one to the older boy.
Then he said to
his wife, “I know what these scholars want of me. Let us go up to
the roof and pray, perchance that God will have mercy and send
rain. ” He stood in one corner and she in another. The clouds were
soon seen to come from the side on which the wife stood. Then he
descended. “What do you wish ? ” said he to the scholars. « We
were sent to ask you to pray for rain,” answered they. “Blessed be
>
.
1
## p. 14465 (#659) ##########################################
THE TALMUD
14465
)
(
God,” he replied, “who made you independent of me. ” “We know
well,” said they, «that the rain came through you.
But would you
kindly explain to us some of the strange things we have witnessed ?
Why did you not return our greeting >» "I was hired by the day,
and did not deem it right to be idle for a moment. ” — «Why did you
put wood on one shoulder, and your coat on the other ? » « Because
my coat was not my own: I borrowed it for one purpose, and could
not use it for another. ” —«Why did you put on your shoes when
passing through water? “Because I can see what is on the road,
but not what is in the water. ” — «Why did you lift up your clothes
when you came among thorns ? ” “Because the flesh may heal, but
the clothes when torn cannot be made whole. " — «Why did your wife
meet you in her best attire ? ” “That I might not cast my glance
on another woman. ” “Why did you let us enter last ? » « Because
you were strangers, and I would not trust you. ”. “Why did you not
invite us to partake of your food ? ” « Because the food was scanty. ”
– “Why did you give the older boy one piece and the younger one
two pieces ? ” « Because the former stays at home, while the latter
goes to school. ” — “Why did the cloud appear from the side where
your wife stood ? » « Because a woman is always at home and has
more opportunity to give charity. ”
(
(
WHENEVER the collectors of charity saw Eleazar of Bartotha they
would hide themselves; for he would give them whatever he had.
One day he went to the market-place to buy a bridal outfit for his
daughter. The collectors saw him and hid themselves. But he fol-
lowed them and inquired what their mission was. He was told that
they were trying to raise money to buy an outfit for two orphans
that were to marry. By the service! ” said the rabbi: "they come
first. ” He gave them all the money he had save one zuz (a silver
denarius). With that he bought some wheat, and stored it away in
his corn chamber. The rabbi's wife was eager to see the outfit which
her daughter was to get. What did your father buy you ? " she
inquired of her daughter. "I do not know,” replied the daughter:
"he stored it away in the corn chamber. ” The key was hurriedly
brought, but the door could scarcely be opened: the chamber had
meanwhile by Divine blessing been filled with wheat. When the
scholar returned from the schoolhouse, his wife met him with the
glad news: “See here what your Lover has done for you! " "By
the service! ) was the rabbi's rejoinder: “sacred be it to thee! thou
canst have of it only as much as any other poor Jew. ”
There are indeed two sides to the Talmud: one rigidly formalis-
tic, legalistic, intellectual; the other ethical, spiritual, appealing to the
feelings. If viewed from the intellectual point of view. Talmudic
XXIV—905
## p. 14466 (#660) ##########################################
14466
THE TALMUD
thought is mature, analytic, critical, penetrating to the bottom of
things, capable of coping with the most abstruse and complicated
problems of the human mind. Talmudic scholasticism was an excel-
lent preparation for the philosophical and scientific erudition for
which the Jews of the Middle Ages were noted. To this very day, in
the Talmud schools are trained the future mathematicians, philolo-
gists, historians, critics, statesmen. If on the other hand the spirit-
ual test is applied to the Talmud, the result is equally satisfactory.
What we do regret is the disproportionally large space given to rit-
ualism, the symbols of religion; which, if made the chief and most
absorbing topic, may deal a fatal blow to religion itself. The Tal-
mud has, however, been among the Jews the creator of institutions.
The elementary schoolhouse and the higher academy; the various
organizations for mutual help, common study, or spiritual encourage-
ment; the societies for the dispensation of charity, for clothing the
naked, befriending the homeless, visiting the sick, burying the dead,
and for other purposes,— are all due to the influence of the Talmud.
Of the invisible influence exerted by the Talmud on the individual
Jew, his dealings with his fellow-men, his home life, etc. , we possess
unmistakable evidence in the lives of the great masters who were
brought up in Talmudic lore; who in all their walks of life, whether
in matters of ritual as the dietary laws, or in their moral and reli-
gious life, lived up to the letter of the Talmud, and were noted for
their sincere piety and their saintly life. We have moreover the best
evidence in the Jew of to-day, the Talmud Jew; who with all his
shortcomings, and no matter how lowly his lot may be, always pos-
sesses a certain degree of culture and spiritual wealth. Institutions,
however, are visible, tangible. There, even the outsider may recog-
nize the points of contact between the doctrines of the Talmud and
the practice of life. Such is the place which the Talmud still largely
occupies in Jewish life.
NOTES: HISTORICAL AND BIBLIOGRAPHICAL
1. The Jewish community of Babylonia had its origin in the Bab-
ylonian exile (597 and 586 B. C. ). In 537 and 458 only a small body,
consisting of the lovers of the ancient soil, returned to Palestine.
We hear nothing of the Babylonian Jewry until some time before the
destruction of the second temple (70 A. D. ). The famous scholar Hil-
lel, who flourished in the last decades of the first century B. C. , was
a Babylonian by birth. When the Temple was destroyed, the centre
of Jewish life still remained in Palestine. The descendants of Hillel
became the religious heads of the Jews throughout the Roman em-
pire; schools were established in various Palestinian towns: there was
## p. 14467 (#661) ##########################################
THE TALMUD
14467
little formality about the organization of a school; the scholars flocked
to this or that famous teacher, and the location of a school depended
on the teacher's place of residence. Most of the Jewish settlements
were in Galilee: there the schools that produced the Mishna, there
the schools that elaborated the Talmud of Palestine, are to be sought.
Then taught Jehuda the Holy One, whose activity in the last quarter
of the second century of our era gathered about him students from
near and far: his disciple from Babylon, Abba, carried back with him
his master's methods to his native country; with Abba, Jewish learning
in Babylonia may be said mainly to begin. The schools of Palestine
still continued to exist; the scholars of both countries were in con-
stant communication with one another: but the Babylonian schools
soon became more important, and when the schools of the mother
country came to an abrupt end with the advance of the Christian
Church (during the fourth century), the academies of Babylonia and
their heads came to be regarded as the representatives of Jewish
learning, and wielded great influence until they in turn yielded to the
advance of Islam; which again was the means of transplanting Jew-
ish science into Spain and the countries of Europe. But the influence
of Babylonia was felt even after it was extinct in the country where
it first manifested itself. The Talmud of Palestine was forgotten,
subsequently to be recovered from oblivion; it had no direct influence
on Jewish life in the Middle Ages. That is why when we speak of
the Talmud, we usually have reference to the Talmud of Babylon,
the Talmud par excellence. In all matters of law, the authority of the
iatter is final. Jewish Babylonia comprised the southern part of
Mesopotarnia.
2. The literature that clustered around the Talmud may fairly
be said to be a library in itself. The commentary spoken of in the
text is that of Solomon ben Isaac, commonly called Rashi, of Troyes;
he died in 1105. His disciples, who belonged at the same time to
his family, carried on his work in the form of supplementary notes
to the Commentary commentaire, kontres), called by the Hebrew
name Tosaphoth (supplements). Our ordinary Talmud editions have
the text in the centre of the page, with Rashi's commentary on
the inner and the Tosaphoth on the outer side. The author of the
lexicon is Nathan of Rome. The words are alphabetically arranged;
and the exegetical work underlying the meanings which are assigned
to them is mainly based on tradition and the works of older com-
mentators. The codes based on the Talmud and alluded to in the
text are written in the language of the Mishna,- i. e. , not in Ara-
maic, but in late Hebrew; they also adopt the Mishnic method, inas-
much as discussions are avoided, the result being stated in concise
language. It is needless to say that these codes have not escaped
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14468
THE TALMUD
the commentator's zeal; they are therefore as a rule printed in the
form of the Talmud, text in the middle and commentaries on the
two margins. To these codes, with their commentaries and super-
commentaries and glosses and scholia, the orthodox rabbi has recourse
whenever he is consulted on any matter of Jewish law; he may then
at times follow up a given decision to its very source in the Talmud.
But the Talmud is still studied without regard to practical application:
the dialectical exercise in quick questioning and answering is suffi-
ciently fascinating. In modern times the Talmud is also studied by
Christians. Portions of the Talmud are translated, but as
a rule
badly: the right method has as yet been hit upon by no translator.
D. A. de Sola and M. J. Raphall have translated eighteen treatises of
the Mishna into English (London, 1843). A French translation of the
greater part of the Palestinian Talmud was made by Moise Schwab
(Paris, 1871-1890). Of the Babylonian Talmud, single treatises have
of late been translated into modern languages. To mention one, Hagi-
gah was translated into English by A. W. Streane (Cambridge, 1891).
The criminal and civil legislation contained in the Talmud was elab-
orated in French by J. J. M. Rabbinowicz (Paris, 1876-1879). Professor
Hermann L. Strack of the University of Berlin is the author of a
German introduction to the Talmud (Berlin, 1894); more comprehens-
ive is the English introduction written by Professor Moses Mielziner
of the Hebrew Union College (Cincinnati, 1894). The treatise Aboth
(The Sayings of the Fathers) has been translated repeatedly: Charles
Taylor's translation (Cambridge, 1877) is the most scholarly. August
Wünsche has translated into German the haggadic portions of the
Talmud, - that is, those portions which are the production of the
leisure hours of the school, and deal with subjects which are of
more interest to the general reader (Zürich, 1880; Leipzig, 1886-1889).
a
Max Margols,
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