THE TALMUD.

The JEWS have their TALMUD; the CATHOLICS their LEGENDS of Saints; and

the TURKS their SONNAH. The PROTESTANT has nothing but his BIBLE. The

former are three kindred works. Men have imagined that the more there is

to be believed, the more are the merits of the believer. Hence all

_traditionists_ formed the orthodox and the strongest party. The word

of God is lost amidst those heaps of human inventions, sanctioned by an

order of men connected with religious duties; they ought now, however,

to be regarded rather as CURIOSITIES OF LITERATURE. I give a

sufficiently ample account of the TALMUD and the LEGENDS; but of the

SONNAH I only know that it is a collection of the traditional opinions

of the Turkish prophets, directing the observance of petty superstitions

not mentioned in the Koran.

The TALMUD is a collection of Jewish traditions which have been _orally_

preserved. It comprises the MISHNA, which is the text; and the GEMARA,

its commentary. The whole forms a complete system of the learning,

ceremonies, civil and canon laws of the Jews; treating indeed on all

subjects; even gardening, manual arts, &c. The rigid Jews persuaded

themselves that these traditional explications are of divine origin. The

Pentateuch, say they, was written out by their legislator before his

death in thirteen copies, distributed among the twelve tribes, and the

remaining one deposited in the ark. The oral law Moses continually

taught in the Sanhedrim, to the elders and the rest of the people. The

law was repeated four times; but the interpretation was delivered only

by _word of mouth_ from generation to generation. In the fortieth year

of the flight from Egypt, the memory of the people became treacherous,

and Moses was constrained to repeat this oral law, which had been

conveyed by successive traditionists. Such is the account of honest

David Levi; it is the creed of every rabbin.--David believed in

everything but in Jesus.

This history of the Talmud some inclined to suppose apocryphal, even

among a few of the Jews themselves. When these traditions first

appeared, the keenest controversy has never been able to determine. It

cannot be denied that there existed traditions among the Jews in the

time of Jesus Christ. About the second century, they were industriously

collected by Rabbi Juda the Holy, the prince of the rabbins, who enjoyed

the favour of Antoninus Pius. He has the merit of giving some order to

this multifarious collection.

It appears that the Talmud was compiled by certain Jewish doctors, who

were solicited for this purpose by their nation, that they might have

something to oppose to their Christian adversaries.

The learned W. Wotton, in his curious "Discourses" on the traditions of

the Scribes and Pharisees, supplies an analysis of this vast collection;

he has translated entire two divisions of this code of traditional laws,

with the original text and the notes.

There are two Talmuds: the Jerusalem and the Babylonian. The last is the

most esteemed, because it is the most bulky.

R. Juda, the prince of the rabbins, committed to writing all these

traditions, and arranged them under six general heads, called orders or

classes. The subjects are indeed curious for philosophical inquirers,

and multifarious as the events of civil life. Every _order_ is formed of

_treatises_; every _treatise_ is divided into chapters, every _chapter_

into _mishnas_, which word means mixtures or miscellanies, in the form

of _aphorisms_. In the first part is discussed what relates to _seeds_,

_fruits_, and _trees_; in the second, _feasts_; in the third, _women_,

their duties, their _disorders_, _marriages_, _divorces_, _contracts_,

and _nuptials_; in the fourth, are treated the damages or losses

sustained by beasts or men; of _things found_; _deposits_; _usuries_;

_rents_; _farms_; _partnerships_ in commerce; _inheritance_; _sales_ and

_purchases_; _oaths_; _witnesses_; _arrests_; _idolatry_; and here are

named those by whom the oral law was received and preserved. In the

fifth part are noticed _sacrifices_ and _holy things_; and the sixth

treats of _purifications_; _vessels_; _furniture_; _clothes_; _houses_;

_leprosy_; _baths_; and numerous other articles. All this forms the

MISHNA.

The GEMARA, that is, the _complement_ or _perfection_, contains the

DISPUTES and the OPINIONS of the RABBINS on the oral traditions. Their

last decisions. It must be confessed that absurdities are sometimes

elucidated by other absurdities; but there are many admirable things in

this vast repository. The Jews have such veneration for this

compilation, that they compare the holy writings to _water_, and the

Talmud to _wine_; the text of Moses to _pepper_, but the Talmud to

_aromatics_. Of the twelve hours of which the day is composed, they tell

us that _God_ employs nine to study the Talmud, and only three to read

the written law!

St. Jerome appears evidently to allude to this work, and notices its

"Old Wives' Tales," and the filthiness of some of its matters. The truth

is, that the rabbins resembled the Jesuits and Casuists; and Sanchez's

work on "_Matrimonio_" is well known to agitate matters with such

_scrupulous niceties_ as to become the most offensive thing possible.

But as among the schoolmen and casuists there have been great men, the

same happened to these Gemaraists. Maimonides was a pillar of light

among their darkness. The antiquity of this work is of itself sufficient

to make it very curious.

A specimen of the topics may be shown from the table and contents of

"Mishnic Titles." In the order of seeds, we find the following heads,

which present no uninteresting picture of the pastoral and pious

ceremonies of the ancient Jews.

The Mishna, entitled the _Corner_, i.e. of the field. The laws of

gleaning are commanded according to Leviticus; xix. 9, 10. Of the corner

to be left in a corn-field. When the corner is due and when not. Of the

forgotten sheaf. Of the ears of corn left in gathering. Of grapes left

upon the vine. Of olives left upon the trees. When and where the poor

may lawfully glean. What sheaf, or olives, or grapes, may be looked upon

to be forgotten, and what not. Who are the proper witnesses concerning

the poor's due, to exempt it from tithing, &c. They distinguished

uncircumcised fruit:--it is unlawful to eat of the fruit of any tree

till the fifth year of its growth: the first three years of its bearing,

it is called uncircumcised; the fourth is offered to God; and the fifth

may be eaten.

The Mishna, entitled _Heterogeneous Mixtures_, contains several curious

horticultural particulars. Of divisions between garden-beds and fields,

that the produce of the several sorts of grains or seeds may appear

distinct. Of the distance between every species. Distances between vines

planted in corn-fields from one another and from the corn; between vines

planted against hedges, walls, or espaliers, and anything sowed near

them. Various cases relating to vineyards planted near any forbidden

seeds.

In their seventh, or sabbatical year, in which the produce of all

estates was given up to the poor, one of these regulations is on the

different work which must not be omitted in the sixth year, lest

(because the seventh being devoted to the poor) the produce should be

unfairly diminished, and the public benefit arising from this law be

frustrated. Of whatever is not perennial, and produced that year by the

earth, no money may be made; but what is perennial may be sold.

On priests' tithes, we have a regulation concerning eating the fruits

carried to the place where they are to be separated.

The order _women_ is very copious. A husband is obliged to forbid his

wife to keep a particular man's company before two witnesses. Of the

waters of jealousy by which a suspected woman is to be tried by

drinking, we find ample particulars. The ceremonies of clothing the

accused woman at her trial. Pregnant women, or who suckle, are not

obliged to drink for the rabbins seem to be well convinced of the

effects of the imagination. Of their divorces many are the laws; and

care is taken to particularise bills of divorces written by men in

delirium or dangerously ill. One party of the rabbins will not allow of

any divorce, unless something light was found in the woman's character,

while another (the Pharisees) allow divorces even when a woman has only

been so unfortunate as to suffer her husband's soup to be burnt!

In the order of _damages_, containing rules how to tax the damages done

by man or beast, or other casualties, their distinctions are as nice as

their cases are numerous. What beasts are innocent and what convict. By

the one they mean creatures not naturally used to do mischief in any

particular way; and by the other, those that naturally, or by a vicious

habit, are mischievous that way. The tooth of a beast is convict, when

it is proved to eat its usual food, the property of another man, and

full restitution must be made; but if a beast that is used to eat fruits

and herbs gnaws clothes or damages tools, which are not its usual food,

the owner of the beast shall pay but half the damage when committed on

the property of the injured person; but if the injury is committed on

the property of the person who does the damage, he is free, because the

beast gnawed what was not its usual food. As thus; if the beast of A.

gnaws or tears the clothes of B. in B.'s house or grounds, A. shall pay

half the damages; but if B.'s clothes are injured in A.'s grounds by

A.'s beast, A. is free, for what had B. to do to put his clothes in A.'s

grounds? They made such subtile distinctions, as when an ox gores a man

or beast, the law inquired into the habits of the beast; whether it was

an ox that used to gore, or an ox that was not used to gore. However

acute these niceties sometimes were, they were often ridiculous. No

beast could be _convicted_ of being vicious till evidence was given that

he had done mischief three successive days; but if he leaves off those

vicious tricks for three days more, he is innocent again. An ox may be

convict of goring an ox and not a man, or of goring a man and not an ox:

nay; of goring on the sabbath, and not on a working day. Their aim was

to make the punishment depend on the proofs of the _design_ of the

beast that did the injury; but this attempt evidently led them to

distinctions much too subtile and obscure. Thus some rabbins say that

the morning prayer of the _Shemáh_ must be read at the time they can

distinguish _blue_ from _white_; but another, more indulgent, insists it

may be when we can distinguish _blue_ from _green_! which latter colours

are so near akin as to require a stronger light. With the same

remarkable acuteness in distinguishing things, is their law respecting

not touching fire on the Sabbath. Among those which are specified in

this constitution, the rabbins allow the minister to look over young

children by lamp-light, but he shall not read himself. The minister is

forbidden to _read_ by lamp-light, lest he should trim his lamp; but he

may direct the children where they should read, because that is quickly

done, and there would be no danger of his trimming his lamp in their

presence, or suffering any of them to do it in his. All these

regulations, which some may conceive as minute and frivolous, show a

great intimacy with the human heart, and a spirit of profound

observation which had been capable of achieving great purposes.

The owner of an innocent beast only pays half the costs for the mischief

incurred. Man is always convict, and for all mischief he does he must

pay full costs. However there are casual damages,--as when a man pours

water accidentally on another man; or makes a thorn-hedge which annoys

his neighbour; or falling down, and another by stumbling on him incurs

harm: how such compensations are to be made. He that has a vessel of

another's in keeping, and removes it, but in the removal breaks it, must

swear to his own integrity; i.e., that he had no design to break it. All

offensive or noisy trades were to be carried on at a certain distance

from a town. Where there is an estate, the sons inherit, and the

daughters are maintained; but if there is not enough for all, the

daughters are maintained, and the sons must get their living as they

can, or even beg. The contrary to this excellent ordination has been

observed in Europe.

These few titles may enable the reader to form a general notion of the

several subjects on which the Mishna treats. The Gemara or Commentary is

often overloaded with ineptitudes and ridiculous subtilties. For

instance, in the article of "Negative Oaths." If a man swears he will

eat no bread, and does eat all sorts of bread, in that case the perjury

is but one; but if he swears that he will eat neither barley, nor

wheaten, nor rye-bread, the perjury is multiplied as he multiplies his

eating of the several sorts.--Again, the Pharisees and the Sadducees had

strong differences about touching the holy writings with their hands.

The doctors ordained that whoever touched the book of the law must not

eat of the truma (first fruits of the wrought produce of the ground),

till they had washed their hands. The reason they gave was this. In

times of persecution, they used to hide those sacred books in secret

places, and good men would lay them out of the way when they had done

reading them. It was possible, then, that these rolls of the law might

be gnawed by _mice_. The hands then that touched these books when they

took them out of the places where they had laid them up, were supposed

to be unclean, so far as to disable them from eating the truma till they

were washed. On that account they made this a general rule, that if any

part of the _Bible_ (except _Ecclesiastes_, because that excellent book

their sagacity accounted less holy than the rest) or their phylacteries,

or the strings of their phylacteries, were touched by one who had a

right to eat the truma, he might not eat it till he had washed his

hands. An evidence of that superstitious trifling, for which the

Pharisees and the later Rabbins have been so justly reprobated.

They were absurdly minute in the literal observance of their vows, and

as shamefully subtile in their artful evasion of them. The Pharisees

could be easy enough to themselves when convenient, and always as hard

and unrelenting as possible to all others. They quibbled, and dissolved

their vows, with experienced casuistry. Jesus reproaches the Pharisees

in Matthew xv. and Mark vii. for flagrantly violating the fifth

commandment, by allowing the vow of a son, perhaps made in hasty anger,

its full force, when he had sworn that his father should never be the

better for him, or anything he had, and by which an indigent father

might be suffered to starve. There is an express case to this purpose in

the Mishna, in the title of _Vows_. The reader may be amused by the

story:--A man made a vow that his _father should not profit by him_.

This man afterwards made a wedding-feast for his son, and wishes his

father should be present; but he cannot invite him, because he is tied

up by his vow. He invented this expedient:--He makes a gift of the court

in which the feast was to be kept, and of the feast itself, to a third

person in trust, that his father should be invited by that third person,

with the other company whom he at first designed. This third person then

says--If these things you thus have given me are mine, I will dedicate

them to God, and then none of you can be the better for them. The son

replied--I did not give them to you that you should consecrate them.

Then the third man said--Yours was no donation, only you were willing to

eat and drink with your father. Thus, says R. Juda, they dissolved each

other's intentions; and when the case came before the rabbins, they

decreed that a gift which may not be consecrated by the person to whom

it is given is not a gift.

The following extract from the Talmud exhibits a subtile mode of

reasoning, which the Jews adopted when the learned of Rome sought to

persuade them to conform to their idolatry. It forms an entire Mishna,

entitled _Sedir Nezikin_, Avoda Zara, iv. 7. on idolatrous worship,

translated by Wotton.

"Some Roman senators examined the Jews in this manner:--If God hath no

delight in the worship of idols, why did he not destroy them? The Jews

made answer--If men had worshipped only things of which the world had

had no need, he would have destroyed the object of their worship; but

they also worship the sun and moon, stars and planets; and then he must

have destroyed his world for the sake of these deluded men. But still,

said the Romans, why does not God destroy the things which the world

does not want, and leave those things which the world cannot be without?

Because, replied the Jews, this would strengthen the hands of such as

worship these necessary things, who would then say--Ye allow now that

these are gods, since they are not destroyed."

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