Earlier Divisions.

Earlier Divisions.
The division of the Mishnah into treatises is a very old device, the collections upon which Rabbi drew being also arranged in this same way. II Esd. xiv. 44-46 mentions, in addition to the twenty-four written books of the Old Testament, seventy other books which may not be written down, having been given by God to Moses for oral communication to the elders of the people. According to an assumption of Ginsberg's, which is supported by a comparison of the passage in Esdras with its parallel in the Tan., Ki Tissa (ed. Buber, pp. 58b-59a), these seventy books are the seventy treatises of the oral teachings, and hence of the Mishnah. The number seventy may be obtained by counting either the seven small treatises (comp. R. Kirchheim, Preface to his edition of them, Frankfort-on-the-Main, 1851), or, as Ginsberg obtains it, the halakic midrashim Sifra and Sifre, the first of which was divided into nine parts. In any case, it is evident that the division into treatises is a very old one, and that Rabbi arranged his Mishnah in conformity with it, although, as has been said, the present division is not the original one which he adopted, but has been subjected to many changes.

Sixty-three treatises are now extant, although the traditional number is only sixty, as Cant. R. vi. 9says, "Sixty queens, these are the sixty treatises of the halakot." The three "babot," or gates, at the beginning of the order Neziḳin formed originally only a single treatise, which also was called "Neziḳin" (B. Ḳ. 102a; B. M. 10a, b; Lev. R. xix.), and which was divided into three treatises on account of its size. Makkot was originally a dependent treatise combined with Sanhedrin, of which it formed the end (comp. Maimonides' introduction to his commentary on the Mishnah). The names of the treatises, which were derived mostly from the contents, but occasionally from the initial letter, are old, being known to the Amoraim, and in part even to the Tannaim.

The following treatises are mentioned by name in the Talmud: Baba Ḳamma and Baba Meẓi'a (B. Ḳ. 102a); Bekorot (Beẓah 20a); Berakot (B. Ḳ. 30a); 'Eduyot under the name "Beḥirta" (Ber. 27a) as well as under its own name (Ber. 28a); Kelim (Mishnah Kelim, end); Keritot (Sanh. 65a); Ketubot (Soṭah 2a); Ḳiddushin (Ḳid. 76b); Ḳodashim (B. M. 109b); Makkot (Sheb. 2b); Menaḥot (Men. 7a); Middot (Yoma 16a); Nazir and Nedarim (Soṭah 2a); Oholot under the name "Ahilot" ('Er. 79a); Rosh ha-Shanah (Ta'an. 2a); Shebu'ot (Sheb. 2b); Tamid (Yoma 14b); Terumot (Pes. 34a); 'Uḳẓin (Hor. 13b); Yoma (Yoma 14b); and Zebaḥim under the name "Sheḥitat Ḳodashim" (B. M. 109b). The names of the treatises have, however, been subjected to various changes, and have, in some cases, been replaced by later terms. Thus the earlier name "Mashḳin" gave way to the later "Mo'ed Ḳaṭan"; "Zebaḥim" was substituted for "Sheḥiṭat Ḳodashim"; and "Sheḥiṭat Ḥullin" was abbreviated to "Ḥullin" (on the names comp. A. Berliner in "Ha-Misderonah," i. 20 et seq., 40 et seq.; see also Frankel, l.c. p. 255; Brüll, l.c. ii. 18-20). The treatises belonging to each order deal with similar subjects, or have some other bond of relationship which causes them to be placed in a given order. Although there are some tractates, such as Nazir (comp. Naz. 2a) and Berakot, which apparently do not belong to the order in which they are included, a closer examination reveals the reason for their inclusion (comp. Maimonides' introduction to his commentary on the Mishnah; Brüll, l.c. ii. 17-18; Weiss, l.c. ii. 207; Geiger, l.c. p. 486).