Terminology
The Hebrew root "ShNH" means "to repeat," and refers to memorization by repetition. "Mishnah" therefore has the sense of "that which is memorized by rote," as distinct from the Rabbinic designation for the Bible: "Miqra,"that which is read and recited from a written text.
Thus, Mishnah can refer in a general way to the full tradition of the Oral Torah, as formulated by the Rabbis in the first centuries of the Common Era. These traditions could not be written down, but had to be transmitted and learned by word of mouth. This restriction was observed quite scrupulously throughout the eras of the Mishnah and Talmud.
In some contexts "Mishnah" is contrasted with "Midrash." The latter term denotes Rabbinic teachings that are attached to the text of the Bible, whereas the former term refers to teachings that are organized or formulated independently of Scipture.
In its most narrow sense, as it is employed here, "the Mishnah" refers to a specific work of Rabbinic literature that embodies the features outlined above.
The Jewish sages whose statements are quoted in the Mishnah are known as Tanna'im (singular: "Tanna"), derived from the Aramaic root related to the Hebrew "ShNH". The era in which the Mishnah was developed is therefore referred to as the "Tanna'itic" era.
The term "Tanna" was originally applied to the functionary in the later Talmudic academies whose job it was to memorize and recite the oral traditions of the Tanna'itic era, serving as a sort of "living book." By extension it came to be applied to the actual Rabbis whose opinions make up the Mishnah and its contemporary works.
With a very few exception (e.g., quotations from Aramaic legal documents), the Mishnah is composed entirely in Hebrew, in a dialect that appears to reflect the spoken vernacular of Judea.
The Mishnah was composed entirely in the Land of Israel, and all the sages quoted there, even if they resided originally in other places (Babylonia, Rome, etc.), were active in the Holy Land.
On the Talmud page, the passages from the Mishnah (for which the Talmud serves as a commentary) are introduced with the abbreviation "MTNY'," short for the Aramaic"Matnitin," "our mishnah." It is customary for the Babylonian Talmud to refer to "our Mishnah" (or: We learned), to distinguish it from other, "external," mishnahs, referred to in Aramaic as "baraita." At the beginnings of chapters or tractates no introductory formula is required, since all chapters in the Talmud must begin with a Mishnah citation.
Friday, October 31, 2014
Thursday, October 30, 2014
Mishnah - Editions and Commentaries.
The Mishnah is extant in many editions, although only the earlier ones can be mentioned here: first edition, Naples, 1492, fol., with the Hebrew commentary of Maimonides; Venice, Justiniani, 1546-50, fol.; Venice, 1549, 4to, with the commentary of Obadiah Bertinoro; Riva di Trento, 1559, fol., with the commentaries of Maimonides and Obadiah; Sabbionetta and Mantua, 1559-63, 4to; Venice, 1606, fol., with the same two commentaries.
Many commentaries on the Mishnah have been written. Maimonides wrote one in Arabic with a general introduction on the history, origin, and arrangement of the Mishnah. This commentary, which was translated into Hebrew several times, is printed in many editions of the text. The Arabic original of several treatises has recently been published, in addition to that of the entire sixth order, edited by Derenbourg (comp. the enumeration in Strack, l.c. p. 113 and Appendix); the Hebrew translation, which is faulty in many passages, being corrected to agree with it.
Asher b. Jehiel of Germany (d. Toledo 1327) wrote a commentary on the first and sixth orders, which was first printed in the Amsterdam edition of the Talmud, 1714-16, and in the Frankfort-on-the-Main edition, 1720-21. R. Samson of Sens also wrote a commentary on the same orders, which is printed in most of the editions of the Talmud. R. Obadiah Bertinoro (end of 15th cent.) wrote a commentary on the entire Mishnah, which is printed in most editions. The commentaries "Tosefot YomṬob" by Yom-Ṭob Lipmann Heller (1579-1654) and "Tif'eret Yisrael" by Israel Lipschütz are likewise printed in many editions of the Mishnah. The following commentaries may also be mentioned: "Kaf Naḥat," by Isaac ibn Gabbai, printed in the Venice edition of the Mishnah, 1609, and in some other editions; "'Eẓ ha-Ḥayyim" (Leghorn, 1653 et seq.), by Jacob Ḥagiz; "Ḳab we-Naḳi," by Elisha b. Abraham, in ed. Amsterdam, 1697, 1698, etc.; "Zera' Yiẓḥaḳ," by Isaac b. Jacob Ḥayyut, Frankfort-on-the-Oder, 1739; "Sefer Bet Dawid," Amsterdam, 1739; "Melo Kaf Naḥat," by Senior Phoebus b. Jacob, in ed. Offenbach, 1737; Berlin, 1832-34; "Sefer Mishnat Rabbi Natan," on Zera'im (Frankfort-on-the-Main, 1862), by Nathan Adler; and "Liḳḳuṭe ha-Mishnah" (Breslau, 1873), by Shraga Phoebus Frenkel.
Many commentaries on the Mishnah have been written. Maimonides wrote one in Arabic with a general introduction on the history, origin, and arrangement of the Mishnah. This commentary, which was translated into Hebrew several times, is printed in many editions of the text. The Arabic original of several treatises has recently been published, in addition to that of the entire sixth order, edited by Derenbourg (comp. the enumeration in Strack, l.c. p. 113 and Appendix); the Hebrew translation, which is faulty in many passages, being corrected to agree with it.
Asher b. Jehiel of Germany (d. Toledo 1327) wrote a commentary on the first and sixth orders, which was first printed in the Amsterdam edition of the Talmud, 1714-16, and in the Frankfort-on-the-Main edition, 1720-21. R. Samson of Sens also wrote a commentary on the same orders, which is printed in most of the editions of the Talmud. R. Obadiah Bertinoro (end of 15th cent.) wrote a commentary on the entire Mishnah, which is printed in most editions. The commentaries "Tosefot YomṬob" by Yom-Ṭob Lipmann Heller (1579-1654) and "Tif'eret Yisrael" by Israel Lipschütz are likewise printed in many editions of the Mishnah. The following commentaries may also be mentioned: "Kaf Naḥat," by Isaac ibn Gabbai, printed in the Venice edition of the Mishnah, 1609, and in some other editions; "'Eẓ ha-Ḥayyim" (Leghorn, 1653 et seq.), by Jacob Ḥagiz; "Ḳab we-Naḳi," by Elisha b. Abraham, in ed. Amsterdam, 1697, 1698, etc.; "Zera' Yiẓḥaḳ," by Isaac b. Jacob Ḥayyut, Frankfort-on-the-Oder, 1739; "Sefer Bet Dawid," Amsterdam, 1739; "Melo Kaf Naḥat," by Senior Phoebus b. Jacob, in ed. Offenbach, 1737; Berlin, 1832-34; "Sefer Mishnat Rabbi Natan," on Zera'im (Frankfort-on-the-Main, 1862), by Nathan Adler; and "Liḳḳuṭe ha-Mishnah" (Breslau, 1873), by Shraga Phoebus Frenkel.
Mishnah - Orders and Treatises.
I. The order Zera'im ("Seeds") contains the following eleven treatises:
(1) Berakot ("Blessings"), divided into nine chapters; deals with the rules for the daily prayer, and other prayers and blessings.
(2) Pe'ah ("Corner"); eight chapters; deals with the regulations concerning the corners of the field (Lev. xix. 9, 10; xxiii. 22; Deut. xxiv. 19-22), and with the rights of the poor in general.
(3) Demai ("Doubtful"); seven chapters; deals chiefly with various cases in which it is not certain whether the offering of the fruit has been given to the priests.
(4) Kilayim ("Of Two sorts"; "Heterogeneous"); nine chapters; deals chiefly with rules regarding forbidden mixtures (Lev. xix. 19; Deut. xxii. 9-11).
(5) Shebi'it ("Sabbatical Year"); ten chapters; deals with the regulations concerning the seventh year (Ex. xxiii. 11; Lev. xxv. 1-8; Deut. xv. 1 et seq.).
(6) Terumot ("Offerings"); eleven chapters; deals with the laws regarding the offering to be given to the priest (Num. xviii. 8 et seq.; Deut. xviii. 4).
(7) Ma'aserot or Ma'aser Rishon ("Tithes" or "First Tithes"); five chapters; deals with the prescription regarding the tithe to be given to the Levites (Num. xviii. 21-24).
(8) Ma'aser Sheni ("Second Tithe"); five chapters; deals with the rules concerning the tithe or its equivalent which was to be eaten at Jerusalem (Deut. xiv. 22-26).
(9) Ḥallah ("Cake"); four chapters; deals with the laws regarding the heave-offering of dough to be given to the priests (Num. xv. 18-21).
(10) 'Orlah ("Foreskin of the Trees"); three chapters; deals chiefly with the regulations of Lev. xix. 23-25. (11) Bikkurim ("First-Fruits"); three chapters; deals with the laws in Ex. xxiii. 19; Deut. xxvi. 1 et seq.In many editions of the Mishnah, even early ones like those of Naples 1492, and of Riva 1559, as well as in most of the editions of the Babylonian Talmud, a fourth chapter to the eleventh treatise, which does not belong to the Mishnah, has been added (comp. the gloss in the Wilna edition of the Talmud, p. 87b). The sequence of the treatises of this first order in both the Talmudim corresponds with that of Maimonides.
II. Mo'ed ("Festivals") includes the following twelve treatises:
(1) Shabbat ("Sabbath"); twenty-four chapters; deals with the laws regarding the seventh day as a day of rest (Ex. xvi. 23 et seq., xx. 8-11, xxiii. 12, xxxiv. 21, xxxv. 2-3; Deut. v. 12-15).
(2) 'Erubin ("Mingling"); ten chapters; deals with the means by which inconvenient regulations regarding the Sabbath may be legally obviated.
(3) Pesaḥim ("Passover Festivals"); ten chapters; deals with the prescriptions regarding the Passover and the paschal sacrifice (Ex. xii., xiii. 6-8, xxiii. 15, xxxiv. 15 et seq.; Lev. xxiii. 5 et seq.; Num. ix. 2-14, xxviii. 16 et seq.).
(4) Sheḳalim ("Shekels"); eight chapters; treats chiefly of the poll-tax of a half-shekel for each male, prescribed in Ex. xxx. 12-16, and which was devoted to defraying the expenses of the services of the Temple.
(5) Yoma ("Day"), called also "Kippurim" or "Yom ha-Kippurim" (= "Day of Atonement"); eight chapters; deals with the prescriptions regarding worship and fasting on the Day of Atonement (Lev. xvi., xxiii. 26-32).
(6) Sukkah or Sukkot ("Booth"); five chapters; deals with the regulations concerning the Feast of Tabernacles, the Tabernacle, and the garland on it (Lev. xxiii. 34-36; Num. xxix. 12 et seq.; Deut. xvi. 13-16).
(7) Beẓah ("Egg"; so called from the first word, but originally termed, according to its subject, "Yom-Ṭob" = "Feast-Day"); five chapters; deals chiefly with the rules to be observed on the feast-days.
(8) Rosh ha-Shanah ("New-Year Feast"); four chapters; deals chiefly with the regulation of the calendar by the new moon, and with the services on the New-Year.
(9) Ta'anit ("Fasting"); four chapters; deals chiefly with the special fast-days in times of drought or other untoward occurrences.
(10) Megillah ("Esther Scroll"); four chapters; contains chiefly regulations and prescriptions regarding the reading of the scroll of Esther at Purim, and the reading of other passages in the synagogue.
(11) Mo'ed Ḳaṭan ("Half-Feasts"; originally called "Mashḳin," after its initial word); three chapters; deals with the regulations concerning the intermediate feast-days, or the days between the first two and the last two days of Pesaḥ and Sukkah.
(12) Ḥagigah ("Feasting"); three chapters; deals among other things with the manner of observance of the three principal feasts.In the Babylonian Talmud the treatises of the order Mo'ed are arranged as follows: Shabbat, 'Erubin, Pesaḥim, Beẓah, Ḥagigah, Mo'ed Ḳaṭan, Rosh ha-Shanah, Ta'anit, Yoma, Sukkah, Sheḳalim, and Megillah; while the sequence in the Palestinian Talmud is Shabbat, 'Erubin, Pesaḥim, Yoma, Sheḳalim, Sukkah, Rosh ha-Shanah, Beẓah, Ta'anit, Megillah, Ḥagigah, and Mo'ed Ḳaṭan.
III. Nashim ("Women") contains the following seven treatises:
(1) Yebamot ("Widows Obliged to Contract a Levirate Marriage"); sixteen chapters; deals chiefly with the rules for the levirate marriage and of the Ḥaliẓah, whereby the widow is enabled to contract another marriage (Deut. xxv. 5-10).
(2) Ketubot ("Marriage Contracts); thirteen chapters; deals chiefly with the mutual duties and rights of husband and wife.
(3) Nedarim ("Vows"); eleven chapters; deals with the regulations concerning vows (Num. xxx. 2-17).
(4) Nazir ("Nazarite"; called also "Nezirut" = "Nazariteship"); nine chapters; deals chiefly with the prescriptions regarding the Nazarite vows (Num. vi. 1-21).
(5) Giṭṭin ("Documents"; "Bills of Divorce"); nine chapters; deals chiefly with the laws for the dissolution of marriage (Deut. xxiv. 1-4).
(6) Soṭah ("Woman Suspected of Adultery"); nine chapters; deals chiefly with rules concerning a woman suspected of infidelity (Num. v. 11-31).
(7) Ḳiddushin ("Betrothal"); four chapters; discusses the question how, by what means, and under what conditions a legal marriage may be contracted.In the Babylonian Talmud the sequence of the treatises in this order is as follows: Yebamot, Ketubot, Ḳiddushin, Giṭṭin, Nedarim, Nazir, and Soṭah. In the Palestinian Talmud the sequence is: Yebamot, Soṭah, Ketubot, Nedarim, Giṭṭin, Nazir, and Ḳiddushin.
IV. Neziḳin ("Injuries"; called also "Yeshu'ot"="Deeds of Help," as in Num. R. xiii.) contains the following ten treatises:
(1) Baba Ḳamma ("First Gate"); ten chapters; deals chiefly with injuries and compensation for damages.
(2) Baba Meẓi'a ("Middle Gate"); ten chapters; deals chiefly with the laws relating to sales, leases, objects found, and usury.
(3) Baba Batra ("Last Gate"); ten chapters; deals chiefly with the rights of sale, the ownership of real estate, and the rights of succession.
(4) Sanhedrin ("Court of Law"); eleven chapters; deals chiefly with judicial procedure and criminal law.
(5) Makkot ("Blows," "Punishments"); three chapters; deals chiefly with the regulations concerning the number of stripes imposed as punishment by law (Deut. xxv. 1-3).
(6) Shebu'ot ("Oaths"); eight chapters; deals chiefly with the rules regarding different oaths (Lev. v. 4 et seq.).
(7) 'Eduyot, or 'Ediyyot ("Evidences"); eight chapters; contains the testimony of later teachers regarding statements of earlier authorities, a large part of this material being contained in other portions of the Mishnah as well.
(8) 'Abodah Zarah ("Idolatrous Worship"); five chapters; deals chiefly with the regulations concerning the attitude of the Jews toward idolatry and idolaters.
(9) Abot, or Pirḳe Abot ("Sayings of the Fathers"); five chapters; contains maxims and aphorisms. A sixth chapter called "Pereḳ Ḳinyan ha-Torah" (="Acquisition of the Law") was subsequently added to this treatise, but it does not belong to the Mishnah.
(10) Horayot, or Hora'ot ("Decisions"); three chapters; deals chiefly with such religious and legal decisions as had been made through error.The sequence of these treatises is as follows in the Babylonian Talmud: Baba Ḳamma, Baba Meẓi'a, Baba Batra, 'Abodah Zarah, Sanhedrin, Makkot, Shebu'ot, Horayot, 'Eduyot, and Abot. The usual sequence is observed in the Mishnah of the Palestinian Talmud.
V. Ḳodashim ("Holy Things") contains the following eleven treatises:
(1) Zebaḥim ("Sacrifice"; originally called "Sheḥiṭat Ḳodashim" = "Slaughtering of the Holy Animals"; B. M. 109b); fourteen chapters; deals chiefly with the laws regarding sacrifices (Lev. i. et seq.).
(2) Menaḥot ("Meat-Offering"); thirteen chapters; deals chiefly with the rules concerning meat-offerings (Lev. ii.; v. 11-13; vi. 7-16; vii. 9-10; xiv. 10-20; xxiii. 13, 16; Num. v. 11 et seq., vi. 13-20, xv. 24, xxviii., xxix.).
(3) Ḥullin ("Profane"; called also "Sheḥiṭat Ḥullin" = "Slaughtering of Non-Consecrated Animals"); twelve chapters; deals chiefly with the laws for slaughtering and withother rules relating to the eating of meat.
(4) Bekorot ("First-Born"); nine chapters; deals chiefly with the regulations concerning the various firstlings (Ex. xiii. 2, 12 et seq.; Lev. xxvii. 26 et seq.; Num. viii. 16-18, xviii. 15-17; Deut. xv. 19 et seq.).
(5) 'Arakin ("Estimations"); nine chapters; deals chiefly with the prescriptions regarding the ransom of those who have been dedicated to God (Lev. xxvii. 2 et seq.).
(6) Temurah ("Exchange"); seven chapters; deals chiefly with the laws regarding the exchange of a dedicated animal (Lev. xxvii. 10, 33).
(7) Keritot ("Extirpations"); six chapters; deals among other subjects with the punishment by excommunication ("karet"), which is frequently mentioned in the Old Testament.
(8) Me'ilah ("Trespass"); six chapters; deals with the rules concerning trespass in the case of a dedicated object (Num. v. 6-8).
(9) Tamid ("The Daily Morning and Evening Burnt Offering"); deals among other subjects with the regulations for the daily sacrifice (Ex. xxix. 38-42; Num. xxviii. 2-8). In the editions of the Mishnah, Tamid is divided into seven chapters, excepting in Lọwe's edition, where it has but six; while Levi b. Gershon (RaLBaG) enumerates only five chapters for Tamid in the introduction to his commentary on the Pentateuch.
(10) Middot ("Measures"); five chapters; describes the apartments and furniture of the Temple. (11) Ḳinnim ("Birds' Nests"); three chapters; deals with the prescriptions regarding the offering of doves (Lev. i. 14-17, v. 1 et seq., xii. 8).In the Babylonian Talmud the sequence of the treatises of this order is as follows: Zebaḥim, Menaḥot, Bekorot, Ḥullin, 'Arakin, Temurah, Keritot, Me'ilah, Ḳinnim, Tamid, and Middot.
VI. Ṭohorot ("Purifications") contains the following twelve treatises:
(1) Kelim ("Utensils"); thirty chapters; deals chiefly with the regulations concerning the different kinds of uncleanness of vessels (Lev. xi. 32 et seq.; Num. xix. 14 et seq., xxxi. 20 et seq.).
(2) Oholot, or Ahilot ("Tents"); eighteen chapters; deals chiefly with the laws regarding the defilement occasioned by a corpse (Num. xix. 14-20).
(3) Nega'im ("Leprosy"); fourteen chapters; deals with the rules concerning the various kinds of leprosy (Lev. xiii., xiv.).
(4) Parah ("Red Heifer"); twelve chapters; deals with the regulations concerning the red heifer and the purificative ashes obtained from it (Num. xix.).
(5) Ṭohorot ("Purities"; euphemistic for "Impurities"); ten chapters; deals with minor defilements.
(6) Miḳwa'ot, or Miḳwot ("Ritual Baths"); ten chapters; deals with the regulations concerning the bathing of the defiled (Lev. xiv. 8, xv. 5 et seq.).
(7) Niddah ("Menstruous Woman"); ten chapters; deals with the laws concerning the defilement caused by menstruation (Lev. xii., xv. 19 et seq.).
(8) Makshirin ("Predisposings"; called also "Mashḳin" = "Liquids"); six chapters; deals with the rule which declares that an object is defiled by contact with anything unclean only in case it was wet beforehand (Lev. xi. 34, 37, 38).
(9) Zabim ("Sufferers from Discharges"); five chapters; deals with the rules in Lev. xv.
(10) Ṭebul Yom ("He Who Has Taken a Ritual Bath on That Same Day"); four chapters; deals chiefly with the effect produced upon an entire object which has come in contact with a "ṭebul yom," who, according to Lev. xv. 5, is unclean until sundown, even though this contact has been only partial.
(11) Yadayim ("Hands"); four chapters; deals chiefly with the defilement and cleansing of the hands.
(12) 'Uḳẓin ("Stems"); three chapters; deals chiefly with the relation of the fruit to the stems, skins, and seeds, with reference to defilement, uncleanness of the fruit affecting the stems, skins, and seeds, and vice versa.In the Babylonian Talmud the sequence of the treatises in Ṭohorot is as follows: Niddah, Kelim, Oholot, Nega'im, Parah, Ṭohorot, Miḳwa'ot, Makshirin, Zabim, Ṭebul Yom, Yadayim, and 'Uḳẓin.
(1) Berakot ("Blessings"), divided into nine chapters; deals with the rules for the daily prayer, and other prayers and blessings.
(2) Pe'ah ("Corner"); eight chapters; deals with the regulations concerning the corners of the field (Lev. xix. 9, 10; xxiii. 22; Deut. xxiv. 19-22), and with the rights of the poor in general.
(3) Demai ("Doubtful"); seven chapters; deals chiefly with various cases in which it is not certain whether the offering of the fruit has been given to the priests.
(4) Kilayim ("Of Two sorts"; "Heterogeneous"); nine chapters; deals chiefly with rules regarding forbidden mixtures (Lev. xix. 19; Deut. xxii. 9-11).
(5) Shebi'it ("Sabbatical Year"); ten chapters; deals with the regulations concerning the seventh year (Ex. xxiii. 11; Lev. xxv. 1-8; Deut. xv. 1 et seq.).
(6) Terumot ("Offerings"); eleven chapters; deals with the laws regarding the offering to be given to the priest (Num. xviii. 8 et seq.; Deut. xviii. 4).
(7) Ma'aserot or Ma'aser Rishon ("Tithes" or "First Tithes"); five chapters; deals with the prescription regarding the tithe to be given to the Levites (Num. xviii. 21-24).
(8) Ma'aser Sheni ("Second Tithe"); five chapters; deals with the rules concerning the tithe or its equivalent which was to be eaten at Jerusalem (Deut. xiv. 22-26).
(9) Ḥallah ("Cake"); four chapters; deals with the laws regarding the heave-offering of dough to be given to the priests (Num. xv. 18-21).
(10) 'Orlah ("Foreskin of the Trees"); three chapters; deals chiefly with the regulations of Lev. xix. 23-25. (11) Bikkurim ("First-Fruits"); three chapters; deals with the laws in Ex. xxiii. 19; Deut. xxvi. 1 et seq.In many editions of the Mishnah, even early ones like those of Naples 1492, and of Riva 1559, as well as in most of the editions of the Babylonian Talmud, a fourth chapter to the eleventh treatise, which does not belong to the Mishnah, has been added (comp. the gloss in the Wilna edition of the Talmud, p. 87b). The sequence of the treatises of this first order in both the Talmudim corresponds with that of Maimonides.
II. Mo'ed ("Festivals") includes the following twelve treatises:
(1) Shabbat ("Sabbath"); twenty-four chapters; deals with the laws regarding the seventh day as a day of rest (Ex. xvi. 23 et seq., xx. 8-11, xxiii. 12, xxxiv. 21, xxxv. 2-3; Deut. v. 12-15).
(2) 'Erubin ("Mingling"); ten chapters; deals with the means by which inconvenient regulations regarding the Sabbath may be legally obviated.
(3) Pesaḥim ("Passover Festivals"); ten chapters; deals with the prescriptions regarding the Passover and the paschal sacrifice (Ex. xii., xiii. 6-8, xxiii. 15, xxxiv. 15 et seq.; Lev. xxiii. 5 et seq.; Num. ix. 2-14, xxviii. 16 et seq.).
(4) Sheḳalim ("Shekels"); eight chapters; treats chiefly of the poll-tax of a half-shekel for each male, prescribed in Ex. xxx. 12-16, and which was devoted to defraying the expenses of the services of the Temple.
(5) Yoma ("Day"), called also "Kippurim" or "Yom ha-Kippurim" (= "Day of Atonement"); eight chapters; deals with the prescriptions regarding worship and fasting on the Day of Atonement (Lev. xvi., xxiii. 26-32).
(6) Sukkah or Sukkot ("Booth"); five chapters; deals with the regulations concerning the Feast of Tabernacles, the Tabernacle, and the garland on it (Lev. xxiii. 34-36; Num. xxix. 12 et seq.; Deut. xvi. 13-16).
(7) Beẓah ("Egg"; so called from the first word, but originally termed, according to its subject, "Yom-Ṭob" = "Feast-Day"); five chapters; deals chiefly with the rules to be observed on the feast-days.
(8) Rosh ha-Shanah ("New-Year Feast"); four chapters; deals chiefly with the regulation of the calendar by the new moon, and with the services on the New-Year.
(9) Ta'anit ("Fasting"); four chapters; deals chiefly with the special fast-days in times of drought or other untoward occurrences.
(10) Megillah ("Esther Scroll"); four chapters; contains chiefly regulations and prescriptions regarding the reading of the scroll of Esther at Purim, and the reading of other passages in the synagogue.
(11) Mo'ed Ḳaṭan ("Half-Feasts"; originally called "Mashḳin," after its initial word); three chapters; deals with the regulations concerning the intermediate feast-days, or the days between the first two and the last two days of Pesaḥ and Sukkah.
(12) Ḥagigah ("Feasting"); three chapters; deals among other things with the manner of observance of the three principal feasts.In the Babylonian Talmud the treatises of the order Mo'ed are arranged as follows: Shabbat, 'Erubin, Pesaḥim, Beẓah, Ḥagigah, Mo'ed Ḳaṭan, Rosh ha-Shanah, Ta'anit, Yoma, Sukkah, Sheḳalim, and Megillah; while the sequence in the Palestinian Talmud is Shabbat, 'Erubin, Pesaḥim, Yoma, Sheḳalim, Sukkah, Rosh ha-Shanah, Beẓah, Ta'anit, Megillah, Ḥagigah, and Mo'ed Ḳaṭan.
III. Nashim ("Women") contains the following seven treatises:
(1) Yebamot ("Widows Obliged to Contract a Levirate Marriage"); sixteen chapters; deals chiefly with the rules for the levirate marriage and of the Ḥaliẓah, whereby the widow is enabled to contract another marriage (Deut. xxv. 5-10).
(2) Ketubot ("Marriage Contracts); thirteen chapters; deals chiefly with the mutual duties and rights of husband and wife.
(3) Nedarim ("Vows"); eleven chapters; deals with the regulations concerning vows (Num. xxx. 2-17).
(4) Nazir ("Nazarite"; called also "Nezirut" = "Nazariteship"); nine chapters; deals chiefly with the prescriptions regarding the Nazarite vows (Num. vi. 1-21).
(5) Giṭṭin ("Documents"; "Bills of Divorce"); nine chapters; deals chiefly with the laws for the dissolution of marriage (Deut. xxiv. 1-4).
(6) Soṭah ("Woman Suspected of Adultery"); nine chapters; deals chiefly with rules concerning a woman suspected of infidelity (Num. v. 11-31).
(7) Ḳiddushin ("Betrothal"); four chapters; discusses the question how, by what means, and under what conditions a legal marriage may be contracted.In the Babylonian Talmud the sequence of the treatises in this order is as follows: Yebamot, Ketubot, Ḳiddushin, Giṭṭin, Nedarim, Nazir, and Soṭah. In the Palestinian Talmud the sequence is: Yebamot, Soṭah, Ketubot, Nedarim, Giṭṭin, Nazir, and Ḳiddushin.
IV. Neziḳin ("Injuries"; called also "Yeshu'ot"="Deeds of Help," as in Num. R. xiii.) contains the following ten treatises:
(1) Baba Ḳamma ("First Gate"); ten chapters; deals chiefly with injuries and compensation for damages.
(2) Baba Meẓi'a ("Middle Gate"); ten chapters; deals chiefly with the laws relating to sales, leases, objects found, and usury.
(3) Baba Batra ("Last Gate"); ten chapters; deals chiefly with the rights of sale, the ownership of real estate, and the rights of succession.
(4) Sanhedrin ("Court of Law"); eleven chapters; deals chiefly with judicial procedure and criminal law.
(5) Makkot ("Blows," "Punishments"); three chapters; deals chiefly with the regulations concerning the number of stripes imposed as punishment by law (Deut. xxv. 1-3).
(6) Shebu'ot ("Oaths"); eight chapters; deals chiefly with the rules regarding different oaths (Lev. v. 4 et seq.).
(7) 'Eduyot, or 'Ediyyot ("Evidences"); eight chapters; contains the testimony of later teachers regarding statements of earlier authorities, a large part of this material being contained in other portions of the Mishnah as well.
(8) 'Abodah Zarah ("Idolatrous Worship"); five chapters; deals chiefly with the regulations concerning the attitude of the Jews toward idolatry and idolaters.
(9) Abot, or Pirḳe Abot ("Sayings of the Fathers"); five chapters; contains maxims and aphorisms. A sixth chapter called "Pereḳ Ḳinyan ha-Torah" (="Acquisition of the Law") was subsequently added to this treatise, but it does not belong to the Mishnah.
(10) Horayot, or Hora'ot ("Decisions"); three chapters; deals chiefly with such religious and legal decisions as had been made through error.The sequence of these treatises is as follows in the Babylonian Talmud: Baba Ḳamma, Baba Meẓi'a, Baba Batra, 'Abodah Zarah, Sanhedrin, Makkot, Shebu'ot, Horayot, 'Eduyot, and Abot. The usual sequence is observed in the Mishnah of the Palestinian Talmud.
V. Ḳodashim ("Holy Things") contains the following eleven treatises:
(1) Zebaḥim ("Sacrifice"; originally called "Sheḥiṭat Ḳodashim" = "Slaughtering of the Holy Animals"; B. M. 109b); fourteen chapters; deals chiefly with the laws regarding sacrifices (Lev. i. et seq.).
(2) Menaḥot ("Meat-Offering"); thirteen chapters; deals chiefly with the rules concerning meat-offerings (Lev. ii.; v. 11-13; vi. 7-16; vii. 9-10; xiv. 10-20; xxiii. 13, 16; Num. v. 11 et seq., vi. 13-20, xv. 24, xxviii., xxix.).
(3) Ḥullin ("Profane"; called also "Sheḥiṭat Ḥullin" = "Slaughtering of Non-Consecrated Animals"); twelve chapters; deals chiefly with the laws for slaughtering and withother rules relating to the eating of meat.
(4) Bekorot ("First-Born"); nine chapters; deals chiefly with the regulations concerning the various firstlings (Ex. xiii. 2, 12 et seq.; Lev. xxvii. 26 et seq.; Num. viii. 16-18, xviii. 15-17; Deut. xv. 19 et seq.).
(5) 'Arakin ("Estimations"); nine chapters; deals chiefly with the prescriptions regarding the ransom of those who have been dedicated to God (Lev. xxvii. 2 et seq.).
(6) Temurah ("Exchange"); seven chapters; deals chiefly with the laws regarding the exchange of a dedicated animal (Lev. xxvii. 10, 33).
(7) Keritot ("Extirpations"); six chapters; deals among other subjects with the punishment by excommunication ("karet"), which is frequently mentioned in the Old Testament.
(8) Me'ilah ("Trespass"); six chapters; deals with the rules concerning trespass in the case of a dedicated object (Num. v. 6-8).
(9) Tamid ("The Daily Morning and Evening Burnt Offering"); deals among other subjects with the regulations for the daily sacrifice (Ex. xxix. 38-42; Num. xxviii. 2-8). In the editions of the Mishnah, Tamid is divided into seven chapters, excepting in Lọwe's edition, where it has but six; while Levi b. Gershon (RaLBaG) enumerates only five chapters for Tamid in the introduction to his commentary on the Pentateuch.
(10) Middot ("Measures"); five chapters; describes the apartments and furniture of the Temple. (11) Ḳinnim ("Birds' Nests"); three chapters; deals with the prescriptions regarding the offering of doves (Lev. i. 14-17, v. 1 et seq., xii. 8).In the Babylonian Talmud the sequence of the treatises of this order is as follows: Zebaḥim, Menaḥot, Bekorot, Ḥullin, 'Arakin, Temurah, Keritot, Me'ilah, Ḳinnim, Tamid, and Middot.
VI. Ṭohorot ("Purifications") contains the following twelve treatises:
(1) Kelim ("Utensils"); thirty chapters; deals chiefly with the regulations concerning the different kinds of uncleanness of vessels (Lev. xi. 32 et seq.; Num. xix. 14 et seq., xxxi. 20 et seq.).
(2) Oholot, or Ahilot ("Tents"); eighteen chapters; deals chiefly with the laws regarding the defilement occasioned by a corpse (Num. xix. 14-20).
(3) Nega'im ("Leprosy"); fourteen chapters; deals with the rules concerning the various kinds of leprosy (Lev. xiii., xiv.).
(4) Parah ("Red Heifer"); twelve chapters; deals with the regulations concerning the red heifer and the purificative ashes obtained from it (Num. xix.).
(5) Ṭohorot ("Purities"; euphemistic for "Impurities"); ten chapters; deals with minor defilements.
(6) Miḳwa'ot, or Miḳwot ("Ritual Baths"); ten chapters; deals with the regulations concerning the bathing of the defiled (Lev. xiv. 8, xv. 5 et seq.).
(7) Niddah ("Menstruous Woman"); ten chapters; deals with the laws concerning the defilement caused by menstruation (Lev. xii., xv. 19 et seq.).
(8) Makshirin ("Predisposings"; called also "Mashḳin" = "Liquids"); six chapters; deals with the rule which declares that an object is defiled by contact with anything unclean only in case it was wet beforehand (Lev. xi. 34, 37, 38).
(9) Zabim ("Sufferers from Discharges"); five chapters; deals with the rules in Lev. xv.
(10) Ṭebul Yom ("He Who Has Taken a Ritual Bath on That Same Day"); four chapters; deals chiefly with the effect produced upon an entire object which has come in contact with a "ṭebul yom," who, according to Lev. xv. 5, is unclean until sundown, even though this contact has been only partial.
(11) Yadayim ("Hands"); four chapters; deals chiefly with the defilement and cleansing of the hands.
(12) 'Uḳẓin ("Stems"); three chapters; deals chiefly with the relation of the fruit to the stems, skins, and seeds, with reference to defilement, uncleanness of the fruit affecting the stems, skins, and seeds, and vice versa.In the Babylonian Talmud the sequence of the treatises in Ṭohorot is as follows: Niddah, Kelim, Oholot, Nega'im, Parah, Ṭohorot, Miḳwa'ot, Makshirin, Zabim, Ṭebul Yom, Yadayim, and 'Uḳẓin.
Mishnah - Chapters.
The division of the several treatises into chapters as well as the sequence of these chapters was the work of Rabbi himself (Letter of Sherira Gaon, l.c. p. 13). The portion discussed each day constituted an independent pereḳ; and this term was, therefore, applied elsewhere to a single discourse also (Ber. 11b; 'Er. 36b; on a statement in the "Seder Tanna'im we-Amora'im," to the effect that the Saboraim divided the treatises into chapters, see M. Lerner, "Die Aeltesten Mischna-Compositionen," in Berliner's "Magazin," 1886, p. 3, note 1). Generally speaking, the original division and sequence of the chapters have been preserved, as appears from various passages of the Talmud (R. H. 31b; Suk. 22b; Yeb. 9a; Ket. 15a; Niddah 68b; Zeb. 15a). The names of the chapters taken from the initial letters are likewise old, and some of them are mentioned even in the Talmud (B. M. 35b; Niddah 48a). In the course of time, however, various changes were made in the division, sequence, and names of the chapters; thus, for example, the division of Tamid into seven chapters is not the original one. On other variations in sequence see Frankel, l.c. pp. 264-265, and on the changes in the names see Berliner in "Ha-Misderonah," i. 40b.
There are altogether 523 chapters in the Mishnah, divided as follows: Zera'im 74 (Bikkurim 3), Mo'ed Ḳaṭan 88, Nashim 71, Neziḳin 73 (Abot 5), Ḳodashim 91, Ṭohorot 126. Some authorities reckon 524 chapters by adding a sixth chapter to Abot, while others count 525 by adding a sixth chapter to Abot and a fourth chapter to Bikkurim.
The division of the chapters into paragraphs, which is likewise very old, has not been preserved in its original form, the different recensions of the present Mishnah having a different division (comp. Frankel, l.c. p. 265). The several paragraphs are mostly cast in the form of the fixed Halakah without a Scripture passage (see Midrash Halakah), although Weiss (l.c. ii. 211, notes 1-6) has enumerated 217 passages in which the Halakah is given togetherwith the Scriptural text on which it is based, hence assuming the form of the Midrash. Some of these midrashic sentences in the Mishnah have the form of the earliest exegesis of the Soferim (comp. Frankel, l.c. p. 5), and there are also many passages modeled on the tannaitic Talmud (comp. Weiss, l.c. ii. 209-210).
The following is the list of the mishnaic orders with their treatises, according to Maimonides, the deviations in both Talmudim being given at the end of each order (for details see separate articles under the names of the respective orders and treatises; and on variations in certain editions of the Mishnah comp. Strack, l.c. pp. 9-12):
Mishnah - Treatises.
The Treatises.
It is a harder task to define the principle on which the treatises are arranged within the various orders; and this difficulty is increased by the existence of many different sequences, especially since it is uncertain which of these is the oldest. According to the Letter of Sherira Gaon (l.c. pp. 12-13), Rabbi observed no definite sequence, but discoursed on each massekta singly without reference to the other treatises, changing their arrangement at will. This statement is supported by 'Ab. Zarah 7a, which states that for two treatises there was no definite order in the Mishnah—an assertion which is all the more trust, worthy since it is recognized as a principle in maing halakic decisions as well. It appears, on the other hand, from various passages in the Talmud (e.g., Sheb. 2b; Soṭah 2a; Ta'an. 2a), that even at an early period a certain arrangement of the several treatises within their respective orders was followed, and it is necessary, therefore, to adopt Hoffmann's view (in Berliner's "Magazin," 1890, pp. 322-323) that a definite sequence was gradually developed and observed in the course of instruction in the Palestinian and Babylonian academies. The teachers of these schools arranged their material on pedagogic lines, and in interpreting an order of the Mishnah they selected the longest treatise for the beginning of the lesson, when the minds of their pupils were still fresh, and then passed on to the smaller tractates. Likewise in Maimonides' sequence, which was the one generally adopted, the treatises from the second to the sixth order are arranged according to length, as Geiger has remarked ("Einiges über Plan," etc., in Geiger's "Wiss. Zeit. Jüd. Theol." ii. 480 et seq.); and this principle is evident in the first order likewise (Hoffmann, l.c. p. 323; Geiger, l.c. p. 402). Maimonides' sequence seems, therefore, to have been the same as that adopted in the Palestinian and Babylonian academies, and hence was the original one (for other reasons for this sequence see Maimonides' introduction to his commentary on the Mishnah; Frankel, l.c. pp. 255-264; Brüll, l.c. ii. 20-27).
It is a harder task to define the principle on which the treatises are arranged within the various orders; and this difficulty is increased by the existence of many different sequences, especially since it is uncertain which of these is the oldest. According to the Letter of Sherira Gaon (l.c. pp. 12-13), Rabbi observed no definite sequence, but discoursed on each massekta singly without reference to the other treatises, changing their arrangement at will. This statement is supported by 'Ab. Zarah 7a, which states that for two treatises there was no definite order in the Mishnah—an assertion which is all the more trust, worthy since it is recognized as a principle in maing halakic decisions as well. It appears, on the other hand, from various passages in the Talmud (e.g., Sheb. 2b; Soṭah 2a; Ta'an. 2a), that even at an early period a certain arrangement of the several treatises within their respective orders was followed, and it is necessary, therefore, to adopt Hoffmann's view (in Berliner's "Magazin," 1890, pp. 322-323) that a definite sequence was gradually developed and observed in the course of instruction in the Palestinian and Babylonian academies. The teachers of these schools arranged their material on pedagogic lines, and in interpreting an order of the Mishnah they selected the longest treatise for the beginning of the lesson, when the minds of their pupils were still fresh, and then passed on to the smaller tractates. Likewise in Maimonides' sequence, which was the one generally adopted, the treatises from the second to the sixth order are arranged according to length, as Geiger has remarked ("Einiges über Plan," etc., in Geiger's "Wiss. Zeit. Jüd. Theol." ii. 480 et seq.); and this principle is evident in the first order likewise (Hoffmann, l.c. p. 323; Geiger, l.c. p. 402). Maimonides' sequence seems, therefore, to have been the same as that adopted in the Palestinian and Babylonian academies, and hence was the original one (for other reasons for this sequence see Maimonides' introduction to his commentary on the Mishnah; Frankel, l.c. pp. 255-264; Brüll, l.c. ii. 20-27).
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).
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).
Mishnah - Division into Orders.
The Mishnah is divided into six main parts, called orders (Aramaic, "sedarim," plural of "seder"; Hebr. "'arakin," plural of "'erek"), the (as in B. M. 85b) or the (Pesiḳ., ed. Buber, 7a; Cant. R. vi. 4) being therefore frequently mentioned. The abbreviated name ("shas") was formed from the initial letters of (Ḥag. 3a, 10a; M. Ḳ. 10b). Each order contains a number of treatises, "massektot" (Mishnah, ed. Lowe, fol. 32a; Midr. Teh. to Ps. civ.) or "massekot" (Mishnah, ed. Lowe, fol. 69a), plural of "masseket," or "massektiyyot" (Cant. R. vi. 9), the singular of which is "massekta." Each treatise is divided into chapters, "peraḳim" (singular, "pereḳ") (Ned. 8a; Ḥag. 9a; Men. 99b), and each chapter into paragraphs or sentences, "mishnayot," or "halakot" in the Palestinian Talmud (see above).
The six orders are first mentioned by R. Ḥiyya (B. M. 85b), and represent the original division. A division into five orders is nowhere mentioned, although Geiger ("Einiges über Plan," etc., p. 487), misinterpreting the Midrash passage Num. R. xiii., considers only five orders to be enumerated there. Ulla (Meg. 28b), when he alludes to those who teach and learn only four orders, does not imply that the Mishnah was divided into four orders, but refers merely to those who study only four. This conclusion is confirmed by a conversation in which Simeon b. Laḳish communicates to a man who has studied only the first four orders a sentence belonging to the sixth order (Meg.28b). The geonic tradition ("Sha'are Teshubah," No. 143) which refers to seven orders of the Mishnah seems to include the "Small Treatises" ("Massektot Ḳeṭannot"; Hoffmann, l.c. pp.98-99). The names of the orders are old, and are mentioned by Simeon b. Laḳish (Shab. 31a), who enumerates them, according to his interpretation of Isa. xxxiii. 6, in the following sequence: Zera'im, Mo'ed, Nashim, Neziḳin, Ḳodashim, Ṭohorot. This is the original order, which is found also in Num. R. xiii. There are other enumerations with different sequences. R. Tanḥuma has the following in Yalḳ., Ps. xix.: Nashim, Zera'im, Ṭohorot, Mo'ed, Ḳodashim, Neziḳin. He gives another series in Num. R. xiii.: Nashim, Zera'im, Mo'ed, Ḳodashim, Ṭohorot, Neziḳin. As R. Tanḥuma evidently does not intend to give the actual sequence but only to explain the verses as referring to the orders of the Mishnah, he adapts his enumeration of the orders to the sequence of the verses. That Simeon b. Laḳish's sequence is the correct one may be proved also from other sources. For example, Ta'an. 24b has: "In the days of Rab Judas they went in their studies only as far as the order Neziḳin; but we study all six orders." The parallel passage reads: "We have proceeded in our studies as far as 'Uḳẓin" (the end of the sixth order Ṭohorot). It is clear from Meg. 28b that formerly only four orders were studied, of which Neziḳin formed the conclusion (according to Ta'an. 24a, where the shorter course of study in former times is mentioned in another form of expression). That the treatise 'Uḳẓin of the order Ṭohorot was the end of the sixth order is shown by Ber. 20a. It is seen, therefore, that the order Neziḳin is always mentioned as the fourth, and the order Ṭohorot as the sixth and last, thus conforming to the sequence of Simeon b. Laḳish (comp. Brüll, l.c. ii. 15; Weiss, l.c. iii. 186). Isaac ibn Gabbai, author of the mishnaic commentary "Kaf Naḥat," has, consequently, no grounds for his reversal of the arrangement of the orders (comp. Lipmann Heller, l.c. Preface); nor is there any foundation for the attempt of Tobias Cohn to reverse the sequence ("Aufeinanderfolge der Mischna Ordnungen," in Geiger's "Jüd. Zeit." iv. 126 et seq.). For a justification of the accepted sequence see the introduction of Maimonides to his commentary on the Mishnah; Frankel, l.c. p. 254; Brüll, l.c. ii. 15-16. It can not be ascertained whether Rabbi himself originated this sequence, or whether the orders were thus discussed in the academies. Isaac Alfasi and Asher b. Jehiel apply the Talmudic passage "En seder le-Mishnah" (= "Rabbi observed no definite sequence in the Mishnah") to the orders as well, and infer that this arrangement did not originate with Rabbi himself. Other authorities, however, assert that the passage "En seder le-Mishnah" refers only to the treatises, and not to the orders; for here Rabbi himself observed a definite series (comp. Lipmann Heller, l.c.; idem, commentary on Soṭah ix. 1). This view seems to be the correct one, since Simeon b. Laḳish, who was in his youth a pupil of Rabbi (Yer. Beẓah v. 2, 63a), refers to this sequence of the orders as being well known. The names of the several orders, which are frequently mentioned in the Talmud (Suk. 4b; Shab. 54b; Meg. 7a; Nid. 8a; Bek. 30b), were selected according to the subject of most of the treatises belonging to them.
The six orders are first mentioned by R. Ḥiyya (B. M. 85b), and represent the original division. A division into five orders is nowhere mentioned, although Geiger ("Einiges über Plan," etc., p. 487), misinterpreting the Midrash passage Num. R. xiii., considers only five orders to be enumerated there. Ulla (Meg. 28b), when he alludes to those who teach and learn only four orders, does not imply that the Mishnah was divided into four orders, but refers merely to those who study only four. This conclusion is confirmed by a conversation in which Simeon b. Laḳish communicates to a man who has studied only the first four orders a sentence belonging to the sixth order (Meg.28b). The geonic tradition ("Sha'are Teshubah," No. 143) which refers to seven orders of the Mishnah seems to include the "Small Treatises" ("Massektot Ḳeṭannot"; Hoffmann, l.c. pp.98-99). The names of the orders are old, and are mentioned by Simeon b. Laḳish (Shab. 31a), who enumerates them, according to his interpretation of Isa. xxxiii. 6, in the following sequence: Zera'im, Mo'ed, Nashim, Neziḳin, Ḳodashim, Ṭohorot. This is the original order, which is found also in Num. R. xiii. There are other enumerations with different sequences. R. Tanḥuma has the following in Yalḳ., Ps. xix.: Nashim, Zera'im, Ṭohorot, Mo'ed, Ḳodashim, Neziḳin. He gives another series in Num. R. xiii.: Nashim, Zera'im, Mo'ed, Ḳodashim, Ṭohorot, Neziḳin. As R. Tanḥuma evidently does not intend to give the actual sequence but only to explain the verses as referring to the orders of the Mishnah, he adapts his enumeration of the orders to the sequence of the verses. That Simeon b. Laḳish's sequence is the correct one may be proved also from other sources. For example, Ta'an. 24b has: "In the days of Rab Judas they went in their studies only as far as the order Neziḳin; but we study all six orders." The parallel passage reads: "We have proceeded in our studies as far as 'Uḳẓin" (the end of the sixth order Ṭohorot). It is clear from Meg. 28b that formerly only four orders were studied, of which Neziḳin formed the conclusion (according to Ta'an. 24a, where the shorter course of study in former times is mentioned in another form of expression). That the treatise 'Uḳẓin of the order Ṭohorot was the end of the sixth order is shown by Ber. 20a. It is seen, therefore, that the order Neziḳin is always mentioned as the fourth, and the order Ṭohorot as the sixth and last, thus conforming to the sequence of Simeon b. Laḳish (comp. Brüll, l.c. ii. 15; Weiss, l.c. iii. 186). Isaac ibn Gabbai, author of the mishnaic commentary "Kaf Naḥat," has, consequently, no grounds for his reversal of the arrangement of the orders (comp. Lipmann Heller, l.c. Preface); nor is there any foundation for the attempt of Tobias Cohn to reverse the sequence ("Aufeinanderfolge der Mischna Ordnungen," in Geiger's "Jüd. Zeit." iv. 126 et seq.). For a justification of the accepted sequence see the introduction of Maimonides to his commentary on the Mishnah; Frankel, l.c. p. 254; Brüll, l.c. ii. 15-16. It can not be ascertained whether Rabbi himself originated this sequence, or whether the orders were thus discussed in the academies. Isaac Alfasi and Asher b. Jehiel apply the Talmudic passage "En seder le-Mishnah" (= "Rabbi observed no definite sequence in the Mishnah") to the orders as well, and infer that this arrangement did not originate with Rabbi himself. Other authorities, however, assert that the passage "En seder le-Mishnah" refers only to the treatises, and not to the orders; for here Rabbi himself observed a definite series (comp. Lipmann Heller, l.c.; idem, commentary on Soṭah ix. 1). This view seems to be the correct one, since Simeon b. Laḳish, who was in his youth a pupil of Rabbi (Yer. Beẓah v. 2, 63a), refers to this sequence of the orders as being well known. The names of the several orders, which are frequently mentioned in the Talmud (Suk. 4b; Shab. 54b; Meg. 7a; Nid. 8a; Bek. 30b), were selected according to the subject of most of the treatises belonging to them.
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