Mishnah

The Mishnah (. after its composition were then redacted as the Gemara (Aramaic: "Tradition").

In traditional Jewish belief, the " Oral Torah ", or "oral law," was an unwritten tradition which was given from God to Moses on Mount Sinai, which elucidated the written Torah but was not incorporated into its text. However, the Talmud relates that the oral laws were eventually recorded in the form of the Mishnah by Rabbi Yehudah HaNasi, referred to in its text simply as "rabbi," when the passage of time and the persecution of the Jews raised the possibility that its details would be forgotten.

The Mishnah consists of six orders ("''sedarim''"), each containing 7-12 tractates called ''masechtot,'' each of which is divided into verses called ''mishnayot''. The orders include: '' Zeraim '' ("Seeds"), dealing with agricultural laws and prayers, '' Moed '' ("Festival"), pertaining to the laws of the Sabbath and the Festivals, '' Nashim '' ("Women"), concerning marriage and divorce, '' Nezikin '' ("Damages"), dealing with civil and criminal law, '' Kodashim '' ("Holy things"), regarding sacrificial rites, the Temple , and the Dietary Laws , and '' Tohorot '' ("Purities"), pertaining to the laws of purity and impurity, including the impurity of the dead, the laws of ritual purity for the priests (''Kohanim''), the laws of "family purity" (the Menstrual laws) and others.

The word ''mishna'' (plural: ''mishnayot'') can also indicate a single paragraph of the work itself, ''i.e.'', the smallest unit of structure in the Mishnah. Thus, a number of ''mishnayot'' make up a ''perek'' (chapter), a number of ''perakim'' (chapters) make up a ''masechet'' (tractate), a number of ''masechtot'' (tractates) make up a ''seder'' (order) and the term ''Shas'' (an Acronym for ''Shisha Sedarim'' - the "six orders") may refer to the complete Mishnah.The term ''Shas'' is also used to refer to a complete Talmud, which follows the structure of the Mishnah. Common modern editions of the Talmud have each mishnah followed by its associated Gemara commentary. Then, the next Mishnah, often only a few lines or short paragraph, followed by the commentary relevant to that Mishnah which may be pages long, and so on, until that particular tractate of Mishnah is completed. There may be many chapters of Mishnah (''Ma'sechta'') in any given tractate.

CONTEXT

Relationship with the Hebrew Bible

through Deuteronomy .When Nevi'im ("Prophets") and Ketuvim [כתובים ("Writings"), are added to the Torah, the expanded volume is called the Tanakh . It is this collection of books that Christianity knows as '' The Old Testament ''.

According to this view, the second law given to Moses at Sinai, known as ''Torah she-be'al-peh'', is the exposition of the Written Law as relayed by the scholarly and other religious leaders of each generation. This Oral Law is authoritative in practical terms, as the traditions of the Oral Law are considered as the necessary basis for the interpretation, and often for the reading, of the Written Law .

Thus, Jewish Law And Custom is based not only on a literal reading of the Torah , or the rest of the Tanakh , but on the combined oral and written traditions. The Rabbinic sages whose views are recorded in the Mishnah are called '' Tannaim '' (תנאים), the plural of ''Tanna'' (תנא); ''Tanna'' is an Aramaic term for the Hebrew word ''shana'', which also is the root-word of ''Mishnah''. The verb ''shanah'' (שנה) literally means 'to repeat one was taught ' and is used to mean 'to learn'.

By 200 CE, the time of Rabbi Judah Ha-Nasi (referred to in the text as "Rabbi"), much of the Oral Law was edited together into the Mishnah. Over the next four centuries this material underwent analysis and debate, known as '' (Jerusalem Talmud) for the compilation in Israel, and Talmud Bavli (Babylonian Talmud) for the compilation undertaken in Babylon.

Notably, the Mishnah does not cite a written scriptural basis for its laws; since it is said that the Oral Law was given simultaneously with the Written Law, the Oral Law codified in the Mishnah does not derive directly from the Written Law of the Torah. This is in contrast with the '' Midrash Halakha '', works in which the sources of the traditionally received laws are identified in the Tanakh , often by linking a verse to a ''halakha''. These Midrashim often predate the Mishnah.

The word ''mishna'' can also indicate a single paragraph, i.e., the smallest unit of structure in the Mishnah. The plural is ''mishnayot.'' Thus, a number of ''mishnayot'' make up a ''perek'' (chapter), a number of ''perakim'' (chapters) make up a ''masechet'' (tractate), a number of ''masechtot'' (tractates) make up a ''seder'' (order) and the ''Shas'' (acronym for ''Shisha Sedarim'' - the six orders) make up the Mishnah. (The term ''Shas'' is also used to refer to a complete Talmud, which follows the structure of the Mishnah.)

Authorship and writing

The author of the Mishnah was Rabbi Yehudah Ha-Nasi, though there may have been a few edits since his time (for example, those passages that cite him by name). It is thought that it may be based on an earlier collection by Rabbi Meir, as there is a tradition that unattributed statements of the law represent his opinions. (For this reason, the few passages that actually say "this is the view of Rabbi Meir" represent cases where his view was later rejected.) There are also references to the "Mishnah of Rabbi Akiva", though this may simply mean his teachings in general. It is possible that Rabbis Akiva and Meir established the divisions and order of subjects in the Mishnah, but this would make them the authors of a school curriculum rather than of a book.

Authorities are divided on whether Rabbi Yehudah Ha-Nasi recorded the Mishnah in writing or established it as an oral text for memorisation. The most important early account of its composition, the Epistle of Sherira Gaon , is ambiguous on the point, though the "Spanish" recension leans to the theory that the Mishnah was written. However, the Talmud records that, in every study session, there was a person called the ''tanna'' appointed to recite the Mishnah passage under discussion. This may indicate that, even if the Mishnah was reduced to writing, it was not available on general distribution.

Authorities cited

See Also: Tannaim

The Mishnaic period is commonly divided up into five periods according to generations of the Tannaim. There are approximately 120 known ''Tannaim''. The ''Tannaim'' lived in several areas of the Land Of Israel . The spiritual center of Judaism at that time was Jerusalem , but after the destruction of the city and the Second Temple , Rabbi Yohanan Ben Zakkai and his students founded a new Religious Center In Yavne . Other places of Judaic learning were founded by his students in Lod and in Bnei Brak .

The generations of the Tannaim included:
#First Generation: Rabban Yohanan Ben Zakkai 's generation (circa 40 BCE - 80 CE).
#Second Generation: Rabban Gamliel of Yavneh, Rabbi Eliezer and Rabbi Yehoshua 's generation, the teachers of Rabbi Akiva .
#Third Generation: The generation of Rabbi Akiva and his colleagues.
#Fourth Generation: The generation of Rabbi Meir , Rabbi Yehuda and their colleagues.
#Fifth Generation: Rabbi Judah HaNasi 's generation.
#Sixth Generation: The interim generation between the Mishnah and the and Yehoshua Ben Levi , etc.

Many of the ''Tannaim'' worked as laborers (e.g., charcoal burners, cobblers) in addition to their positions as teachers and legislators. They were also leaders of the people, and negotiators with the Roman Empire .

Competing oral laws and acceptance

It is unclear, according to J. Sussman (Mehqerei Talmud III), whether there was any writing connected to the Oral Law, or whether it was entirely oral. Over time, different traditions of the Oral Law came into being, raising debates about what the laws or their rulings were. According to the ''Mavoh Hatalmud'' many rulings were given about specific things that could have been taken out of context or where a ruling was revisited but the second ruling was not as popularly known. To correct this, Rabbi Yehuda haNasi took up the redaction of the Mishnah. If something was already there with no conflict, he used it without changes in language, he reordered and ruled on where there was conflict, and clarifed where context was not given. The idea was not do this at his own discretion, but rather to examine the tradition as far back as he could, and only supplement as required.

See Also: Karaite

Some Jews did not accept the written codification of the oral law at all; known as Karaites , they comprised a significant portion of the world Jewish population in the 10th and 11th Centuries CE, and remain extant, though they currently number in the thousands.

WRITING, STRUCTURE, CONTENTS

Redaction

According to Maimonides (Introduction to Mishnah Torah), after the tremendous upheaval caused by the destruction of the Temple and the Bar Kochba revolt, the Oral Torah was in danger of being forgotten. It was for this reason that Rebbi chose to redact the Mishnah. One must also note that in addition to redacting, Rebbi and his court also ruled on which opinions should be followed (see below on stam mishnah).

As he went through the tractates, the Mishnah was set forth, but throughout his life some parts were updated as new information came to light. Because of the proliferation of earlier versions, it was deemed too hard to retract anything already released, as such, a second version of certain laws were released. The Talmud refers to these differing version as ''Mishnah Rishona'' ("First Mishnah") and ''Mishna Acharona'' ("Last Mishnah"). Hoffman suggests that Mishnah Rishona actually refers to texts from earlier Sages upon which Rabbi based his Mishnah.

Structure

The Mishnah consists of six orders (''sedarim''). This explains the traditional name for the Talmud as ''Shas'', which is an abbreviation of ''shishah sedarim,'' "six orders". Each of the six orders contains between 7 and 12 tractates, called ''masechtot.'' Each ''masechet'' is divided into verses called ''mishnayot'' (singular - 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: '' Kodashim '' ("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.

In each order (with the exception of Zeraim) the tractates are arranged from biggest (in number of chapters) to smallest.

Most of the Mishnah is related ''stam'', i.e. without any name attributed to it. This usually indicates that many sages taught so, and the ''halakhic'' ruling usually follows that view. Sometimes, however, it is the opinion of a single sage whom Rabbi Judah HaNasi (and his Bet Din or court) favored and sought to establish the ruling accordingly.

The Babylonian Talmud (Hagiga 14a) states that there were either six-hundred or seven-hundred orders of the Mishnah. Hillel The Elder organized them into six orders to make it easier to remember. The historical accuracy of this tradition is disputed.
Interestingly, Reuvain Margolies posits that there were originally seven orders of Mishnah. He cites a Gaonic tradition on the existence of a seventh order. The missing order contained the laws of Sta"m and Berachos (blessings).

Worldview

The Mishnah is noteworthy in Rabbinic literature for its depiction of a religious universe in which the Temple In Jerusalem , destroyed a century earlier, still retains a central place. Laws concerning the Temple service constitute one of the Mishnah's six divisions.

Omissions

A number of important laws are not elaborated upon in the Mishnah. These include the laws of Tzitzit , Tefillin (phylactories), Mezuzah (Sta"m), the holiday of Hannukah , and the laws of Gerim (converts). These were later discussed in the minor tractates.

Rabbi Nissim Gaon in his ''Hakdamah Le'mafteach Hatalmud'' writes that many of these laws were so well known that it was unnecessary for Rebbe to discuss them. Reuvain Margolies suggests that as the Mishnah was redacted after the Bar Kochba revolt, Rebbe could not have included discussion of Hanukkah which commemorates the Jewish revolt against the Syrian-Greeks (the Romans would not have tolerated this overt Nationalism). Similarly, there were then several decrees in place aimed at suppressing outward signs of national identity, including decrees against wearing tefillin and tzitzit; as Conversion To Judaism was against Roman law, Rabbi would not have discussed this.

Dovid Hoffman suggests that there existed ancient texts in the form of the present day Shulchan Arukh that discussed the basic laws of day to day living.

MISHNAH STUDY

Oral traditions and pronunciation

The Mishnah was and still is traditionally studied through ''recitation'' (out loud). Many medieval manuscripts of the Mishnah are vowelized, and some of these contain partial Tiberian Cantillation . Jewish communities around the world preserved local melodies for chanting the Mishnah, and distinctive ways of pronouncing its words.

Most vowelized editions of the Mishnah today reflect standard Ashkenazic vowelization, and often contain mistakes. The Albeck edition of the Mishnah was vowelized by Hannokh Yellin, who made careful eclectic use of both medieval manuscripts and current oral traditions of pronunciation from Jewish communities all over the world. The Albeck edition includes an entire volume by Yellin detailing his eclectic method.

Two institutes at the Hebrew University in Jerusalem have collected major oral archives which hold (among other things) extensive recordings of Jews chanting the Mishnah using a variety of melodies and many different kinds of pronunciation. These institutes are the Jewish Oral Traditions Research Center and the National Voice Archives (the ''Phonoteca'' at the Jewish National and University Library). See below for external links.

Commentaries

In of Judaism.

Rabbi Samson Of Sens ( France ) was, apart from Maimonides, one of the few rabbis of the early medieval era to compose a Mishnah commentary. It is printed in many editions of the Mishnah.

Rabbi Obadiah Ben Abraham of Bertinoro ( 15th Century ) wrote one of the most popular Mishnah commentaries. He draws on Maimonides' work but also offers Talmudical material (in effect a summary of the Talmudic Discussion ) largely following the commentary of Rashi . In addition to its role as a commentary on the Mishnah, this work is often referenced by students of Talmud as a review-text, and is often referred to as "the ''Bartanura''" or "the ''Ra'V''".

After the Maharal Of Prague had initiated organised Mishnah study (''Chevrath ha-Mishnayoth''), Yomtov Lipman Heller (who is often believed to be his pupil but came to Prague already as a mature scholar) wrote a commentary called ''Tosafoth Yom Tov.'' In the introduction Heller says that his aim is to make additions ( Tosafoth ) to Bertinoro’s commentary. The glosses are sometimes quite detailed and analytic. That is why it is sometimes compared to the Tosafoth - discussions of Babylonian gemarah by French and German scholars of 12-13th C. In many compact Mishnah printings, a condensed version of his commentary, titled ''Ikar Tosafoth Yom Tov'', is featured.

Other Acharonim who have written Mishnah commentaries:

---Rabbi Solomon Luria (the ''Maharshal'')

---The Vilna Gaon (''Shenoth Eliyahu'')

---Rabbi Akiva Eiger

A prominent commentary from the 19th Century is ''Tifereth Yisrael'' by Rabbi Yisrael Lipschutz. It is subdivided into two parts, one more general and the other more analytical, titled ''Yachin'' and ''Boaz'' respectively (after two large pillars in the Temple In Jerusalem ). Lipschutz has not been completely without controversy, in some hasidic cricles.

The commentary by Rabbi Pinhas Kehati , which is written in Modern Israeli Hebrew and based on classical and contemporary works, has become popular in the late Twentieth Century. The commentary is designed to make the Mishnah widely accessible to a wide spectrum of learners of all ages and all levels of experience in Torah study. It is popularly referred to as "The Kehati". Each tractate is introduced with an overview of its contents, including historical and legal background material, and each mishnah is prefaced by a thematic introduction. The current version of this edition is printed with the Bartenura commentary as well as Kehati's.

The above-mentioned edition edited by Hanokh Albeck and vocalized by Hanokh Yellin (1952-59) includes the former's extensive commentary on each mishnah, as well as introductions to each tractate (Masekhet) and order (Seder.) This commentary tends to focus on the meaning of the mishnayot themselves, without as much reliance on the Gemara's interpretation and is, therefore, considered valuable as a tool for the study of Mishnah as an independent work.

Historical relevance

Both the Mishnah and Talmud contain little serious biographical studies of the people discussed therein, and the same tractate will conflate the points of view of many different people. Yet, sketchy biographies of the Mishaic sages can often be constructed with historical detail from Talmudic and Midrash ic sources.

Many modern historical scholars have focused on the timing and the formation of the Mishnah. A vital question is whether it is composed of sources which date from its editor's lifetime, and to what extent is it composed of earlier, or later sources. Are Mishnaic disputes distinguishable along theological or communal lines, and in what ways do different sections derive from different schools of thought within early Judaism? Can these early sources be identified, and if so, how? In response to these questions, modern scholars have adopted a number of different approaches.

Some scholars hold that there has been extensive editorial reshaping of the stories and statements within the Mishnah (and later, in the Talmud.) Lacking outside confirming texts, they hold that we cannot confirm the origin or date of most statements and laws, and that we can say little for certain about their authorship. In this view, the questions above are impossible to answer. See, for example, the works of Louis Jacobs , Baruch M. Bokser, Shaye J. D. Cohen , Steven D. Fraade.

Some scholars hold that the Mishnah and Talmud have been extensively shaped by later editorial redaction, but that it contains sources which we can identify and describe with some level of reliability. In this view, sources can be identified to some extent because each era of history and each distinct geographical region has its own unique feature, which one can trace and analyze. Thus, the questions above may be analyzed. See, for example, the works of Goodblatt, Lee Levine, David C. Kraemer and Robert Goldenberg.

Some scholars hold that many or most of the statements and events described in the Mishnah and Talmud usually occurred more or less as described, and that they can be used as serious sources of historical study. In this view, historians do their best to tease out later editorial additions (itself a very difficult task) and skeptically view accounts of miracles, leaving behind a reliable historical text. See, for example, the works of Saul Lieberman , David Weiss Halivni , Avraham Goldberg and Dov Zlotnick.

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