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The History and Form of the Mishnah

The History and Form of the Mishnah. Why is it called the “Mishnah”?.

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The History and Form of the Mishnah

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  1. The History and Formof the Mishnah

  2. Why is it called the “Mishnah”? • The Hebrew root "ShNH" means "to repeat," (ושננתם לבניך) 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. • 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.

  3. “Our” Mishnah

  4. Generations of Tannaim

  5. When were the contents of the Mishnah was composed? • There are traditions in the Mishnah that claim to go back before the fifth century B.C.E. (the "Great Assembly"; cf. Nehemiah 8-10), as well as a few additions from as late as the mid-third century C.E. • However, the main body of the Mishnah consists of teachings attributed to authorities from about the middle of the first century, through 220 CE. It was compiled by R. Judah the Patriarch.

  6. Pre - Mishnah • SheriraGaon – before Mishnah, each Rabbi had his own formulation and order of traditions. • Rebbi’sMishnha is based on that of R. Akiva: • תוספתא מסכת זבים פרק א הלכה ה • כשהיה ר' עקיבא מסדר הלכות לתלמידים אמר • כל מי ששמע טעם על חברו יבוא ויאמר

  7. Rabbinic Texts Tannaitic Midrashim Mishnah Tosefta 200CE Talmud Yerushalmi 400CE Amoraic Midrashim Talmud Bavli 600CE See https://fc.gannacademy.org/gannopedia/genremap/rlgenremaphebrew.html

  8. Texts and Time Periods • 1000BCE King David • 586 BCE Destruction of Temple I • 539 BCE Cyrus the Great – Persian rule • 516 BCE Second Temple Built • 332 BCE Alexander the Great – Greek rule • 164 BCE Maccabean Revolt • 150BCE-70CE Pharisees • 70 CE Second Temple Destroyed • 132 CE Bar Kokhba Revolt • 50-200 CE Tannaitic Period • 220 CE Mishnah & Tannaitic Midrash Compiled • 200-500 CE Amoraic Period • 400 CE Yerushalmi & Amoraic Midrash Compiled • 500-700 CE Savoraim in Babylonia • 600 CE Bavli Completed

  9. Tannaitic Midrash

  10. Comparing Mishnah & Tosefta

  11. Purpose of Mishnah Book of Practical Halakha Textbook of Oral Tradition Quotes the opinion of a single Rabbi in the Tosefta as “the Sages” in order to say that he represent the Halakha. There are still multiple opinion and contradictions within the Mishnah. Also, Mishnah includes impractical temple and purity laws.

  12. Hail Ceaser!Some Famous Emporers

  13. Stephen Wald • The question of the form and purpose of the final redaction of the Mishnah has long been a topic of scholarly debate. In the twentieth century this debate focused on the question whether the Mishnah should be seen as a code of relatively self-consistent and authoritative religious practice (Epstein), or as an anthology of frequently contradictory sources (Albeck). • As so formulated, this dispute seems somewhat artificial. On the one hand, there is no reason to assume that the final redaction of the Mishnah was governed by one single overriding principle. On the other hand, the redaction of the Mishnah could reflect a preliminary, but as yet incomplete, effort to bring order and consistency to the body of tannaitichalakhah.

  14. The Roman Empire

  15. History of Roman Law • 450 BCE Twelve Tables: “When the fruit of a tree falls upon the premises of a neighbor, the owner of the tree shall have a right to gather and remove it” (8:6). • Then grew and grew with laws by various assemblies, magistrates, imperial edicts and senatorial resolutions. • Republic 510 – 31BCE • Empire 31BCE – 476CE

  16. Roman Legal Codification • Gaius (d. 180), Papinianus (d. 212), Paulus, Ulpianus (d. 228), and Modestinus (c. 250) • Theodosian Code (438CE) • Justinian Code (534CE)

  17. Roman Legal Codes • R. Aqiva and his colleagues began collecting and organizing rabbinic traditions under Hadrian, when Julianus, CelsusPomponius, and others were actively involved in making similar compilations in Rome. • Rabbi Judah the Prince compiled and edited his Mishnah, and tannaitic midrashim were collected under the Severans, at a time when Gaius, Papinianus, Paulus, and Ulpianus were likewise compiling codices and responsa of Roman law and commenting on earlier legal material. • Lee Levine, Judaism and Hellenism in Antiquity: Conflict or Confluence?, p. 135.

  18. Salomon Ben JerohamThe Karaite • “I have set the six division of the Mishnah before me. And I looked at them carefully with my eyes. And I say that they are very contradictory in content. This one Mishnaic scholar declares a thing to be forbidden to the people of Israel, while that one declares it to be permitted. My thoughts therefore answer me, and most of my reflections declare unto me, that there is in it no Law of logic nor the Law of Moses the Wise.”

  19. Why Include Controversy? • Mishnah Eduyot 1:5. And why do they record the opinion of a single person among the many, when the Halachah must be according to the opinion of the many? So that if a court prefers the opinion of the single person it may depend on him. For no court may set aside the decision of another court unless it is greater than it in wisdom and in number. If it was greater than it in wisdom but not in number, in number but not in wisdom, it may not set aside its decision, unless it is greater than it in wisdom and in number. • 1:6. R. Judah said: if so, why do they record the opinion of a single person among the many to set it aside? So that if a man shall say, thus have I learnt the tradition,’ it may be said to him, ‘according to the [refuted] opinion of that individual did you hear it.

  20. Law of Citations (321CE) • When conflicting opinions are cited, the greater number of the authors shall prevail, or if the numbers should be equal, the authority of that group shall take precedence in which the man of superior genius, Papinian, shall tower above the rest, and as he defeats a single opponent, so he yields to two.… Furthermore, when their opinions as cited are equally divided and their authority is rated as equal, the regulation of the judge shall choose whose opinion he shall follow.

  21. Epistles of Manuschihra Zoroastrian text dating to 881 C.E. • On account of the depth and much intricacy of the religion they mention many opinions and well-considered decrees which were likewise formed devoid of uniformity, and the utterance of the different opinions of the priests is with the reciters of the Nasks; but even among themselves the most supremely just high-priests were of a different opinion, different judgment, different teaching, different interpretation, and different practice only in the peace, mutual friendship, and affection which they had together.

  22. Institutes of Gaius 1.7 (160CE) • The answers of jurists are the decisions and opinions of persons authorized to lay down the law. • If they are unanimous their decision has the force of law; • if they disagree, the judge may follow whichever opinion he chooses, as is ruled by a rescript of the late emperor Hadrian.

  23. Yerushalmi Yom 5:5 42d • שני כהנים ברחו בפולמוסיות אחד אומר עומד הייתי ומחטא ואחד אומר מהלך הייתי ומחטא • אמר רבי יודן הדא אמרה מאן דעבד הכין לא חשש ומאן דעבד הכין לא חשש. • Two priests ran away during the wars. One of them said, “I used to stand and sprinkle.” The other said, “I used to walk and sprinkle.” Rav Yudan said, “About this it is said: One who acts this way need not worry and one who acts that way need not worry.”

  24. Bavli Shev 48b • אמר רב חמא: השתא דלא איתמר הלכתא לא כרב ושמואל ולא כרבי אלעזר, האי דיינא דעבד כרב ושמואל - עבד, דעבד כרבי אלעזר - עבד. • Rav Hama said, “Since the halakha has not been stated either like Rav and Shmuel or like R. Elazar, a judge who rules according to Rav and Shmuel has acted [legitimately], and one who rules according to R. Elazar has acted [legitimately].

  25. Amoraim

  26. Important Political Events • 313CE Constantine converted to and declared toleration for Christianity • 351CE Jewish Revolt against Gallus protesting anti-Jewish legislation • 362CE Julian the Apostate announced rebuilding of the Bet Hamikdash • 380 Christianity declared the official religion of the roman empire • 395 Roman Empire splits into two • 425CE Elimination of the Patriarchate • 638CE Muslim Conquest

  27. Contents of the Mishnah • First Order: Zeraim ("Seeds"). 11 tractates. It deals with agricultural laws and prayers. • Second Order: Moed ("Festival"). 12 tractates. This pertains to the laws of the Sabbath and the Festivals. • Third Order: Nashim ("Women"). 7 tractates. Concerns marriage and divorce. • Fourth Order: Nezikin ("Damages"). 10 tractates. Deals with civil and criminal law. • Fifth Order: Kodshim ("Holy things"). 11 tractates. This involves sacrificial rites, the Temple, and the dietary laws. • Sixth order: Tohorot ("Purities"). 12 tractates. This pertains to the laws of purity and impurity, including the impurity of the dead, the laws of ritual purity for the priests (cohanim), the laws of "family purity" (the menstrual laws) and others.

  28. איגרת רב שרירא גאון כיצד נכתבה המשנה וביומוי דר' בנו של רשב"ג אסתייעא מילתיא ותרצינהו וכתבינהו

  29. Order of Masechtot within a Seder • Rambam tries to explain order of tractates in the Mishnah based on either chronological or logical progression.

  30. SEDER MOED • Shabbat • Eruvin • Pesachim • Shekalim • Yoma • Sukkah • Beitzah • Rosh Hashanah • Ta'anint • Megillah • Moed Katan • Hagigah

  31. SEDER MOED • Shabbat 24 • Eruvin 10 • Pesachim 10 • Shekalim 8 • Yoma 8 • Sukkah 5 • Beitzah 5 • Rosh Hashanah 4 • Ta'anint 4 • Megillah 4 • Moed Katan 3 • Hagigah 3

  32. SEDER NASHIM • Yevamot 16 • Ketubot 13 • Nedarim 11 • Nazir 9 • Sotah 9 • Gittin 9 • Kiddushin 4

  33. SEDER NEZIKIN • Bava Kamma 10 • Bava Metzia 10 • Bava Batra 10 • Sanhedrin 11 • Makkot 3 • Shevuot 8 • Edutoyot 8 • Avodah Zarah 5 • Avot 5 (6) • Horayot 3

  34. SEDER KODASHIM • Zevahim 14 • Menahot 13 • Hullin 12 • Bekhorot 9 • Arakhin 9 • Terumah 7 • Keritot 6 • Me'ilah 6 • Tamid 6 • Middot 5 • Kinnim 3

  35. SEDER TOHOROT • Keilim 30 • Oholot 18 • Negaim 14 • Parah 12 • Tohorot 10 • Mikvaot 10 • Niddah 10 • Makshirin 6 • Zavim 5 • Tevul Yom 4 • Yadaim 4 • Uktzin 3

  36. SEDER ZERAIM • Berakhot 9 • Peah 8 • Demai 7 • Kilaim 9 • Sheviit 10 • Terumot 11 • Ma'asrot 5 • Ma'aser Sheini 5 • Hallah 4 • Orlah 3 • Bikkurim 4

  37. The most reliable complete manuscript of the Mishnah.

  38. Save one life… • משנה מסכת סנהדרין פרק ד משנה ה • לפיכך נברא אדם יחידי ללמדך • שכל המאבד נפש אחד מישראל מעלה עליו הכתוב כאילו איבד עולם מלא • וכל המקיים נפש אחת מישראל מעלה עליו הכתוב כאילו קיים עולם מלא • ומפני שלום הבריות שלא יאמר אדם לחבירו אבא גדול מאביך

  39. Mishnah Sanhedrin 4:5 – Ms. Kaufman

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