of
                comment
                and
                explanation,
                of
                the
                Mlshna;
                as
                the
              
            
            
              
                Mishna
                contains
                the
                Pentateuch,
                with
                all
                the
                additional
              
            
            
              
                explanatory
                matter,
                so
                the
                Talmud
                contains
                the
                Mishna
              
            
            
              
                with
                a
                great
                deal
                more
                additional
                matter.
                'The
              
            
            
              
                Talmud
                is
                practically
                a
                mere
                amplification
                of
                the
              
            
            
              
                Mishna
                by
                manifold
                comments
                and
                additions;
                so
                that
              
            
            
              
                even
                those
                portions
                of
                the
                Mishna
                which
                have
                no
                Talmud
              
            
            
              
                are
                regarded
                as
                component
                parts
                of
                it.
                .
                .
                .
                The
                history
              
            
            
              
                of
                the
                origin
                of
                the
                Talmud
                is
                the
                same
                as
                that
                of
                the
              
            
            
              
                Mishna
                —
                a
                tradition,
                transmitted
                orally
                for
                centuries,
              
            
            
              
                was
                finally
                cast
                into
                definite
                literary
                form,
                although
                from
              
            
            
              
                the
                moment
                in
                which
                the
                Talmud
                became
                the
                chief
              
            
            
              
                subject
                of
                study
                in
                the
                academies
                it
                had
              
              
                a
              
              
                double
              
            
            
              
                existence
                (see
                below),
                and
                was
                accordingly,
                in
                its
                final
              
            
            
              
                stage,
                redacted
                in
                two
                different
                forms'
                (Bacher
                in
              
              
                JE
              
            
            
              
                xii.
                S"").
                Before
                coming
                to
                speak
                of
                the
                actual
                Talmud
              
            
            
              
                itself,
                it
                may
                be
                well
                to
                explain
                some
                terms
                without
                an
              
            
            
              
                understanding
                of
                which
                our
                whole
                subject
                would
                be
              
            
            
              
                very
                inadequately
                understood:
                —
              
            
          
          
            
              
                Halakhah.
              
              
                —
                Under
                this
                term
                the
                entire
              
              
                legal
              
              
                body
              
            
            
              
                of
                Jewish
                oral
                tradition
                is
                included;
                it
                comes
                from
                a
                verb
              
            
            
              
                meaning
                'to
                go,'
                and
                expresses
                the
                way
                'of
                going'
                or
              
            
            
              
                'acting,'
              
              
                i.e.
              
              
                custom,
                usage,
                which
                ultimately
                issues
              
            
            
              
                in
              
              
                law.
              
              
                Originally
                it
                was
                used
                in
                the
                plural
                form
              
            
            
              
                Halakhoth,
              
              
                which
                had
                reference
                to
                the
                multifarious
                civil
              
            
            
              
                and
                ritual
                laws,
                customs,
                decrees
                etc.,
                as
                handed
                down
              
            
            
              
                by
                tradition,
                which
                were
                not,
                however,
                of
                Scriptural
              
            
            
              
                authority.
                It
                was
                these
                Halakhoth
                which
                were
                codified
              
            
            
              
                by
                Jehudah
                ha-Nasi,
                and
                to
                which
                the-
                term
              
              
                Mishna
              
            
            
              
                became
                applied.
                Sometimes
                the
                word
              
              
                Halakhah
              
              
                is
                used
              
            
            
              
                for
                'tradition,'
                which
                is
                binding,
                in
                contradistinction
              
            
            
              
                to
                Dire,
                'argument'
                (lit.
                'judgment'),
                which
                is
                not
              
            
            
              
                necessarily
                binding.
              
            
          
          
            
              
                Haggadah
              
              
                (from
                the
                root
                meaning
                '
                to
                narrate
                ')
                .
                —
                This
              
            
            
              
                includes
                the
                whole
                of
                the
                non-legal
                matter
                of
                Rabbinical
              
            
            
              
                literature,
                such
                as
                homilies,
                stories
                about
                Biblical
                saints
              
            
            
              
                and
                heroes;
                besides
                this
                it
                touches
                upon
                such
                subjects
              
            
            
              
                as
                astronomy,
                astrology,
                medicine,
                magic,
                philosophy,
              
            
            
              
                and
                all
                that
                would
                come
                under
                the
                term
                'folklore.'
                This
              
            
            
              
                word,
                too,
                was
                originally
                used
                in
                the
                plural
              
              
                Haggadoth.
              
            
            
              
                Haggadah
              
              
                is
                also
                used
                in
                a
                special
                sense
                of
                the
                ritual
                for
              
            
            
              
                Passover
                Eve.
              
            
          
          
            
              
                Gemara.
              
              
                —
                This
                is
                an
                Aramaic
                word
                from
                the
                root
              
            
            
              
                meaning
                'to
                learn,'
                and
                has
                the
                signification
                of
                'that
              
            
            
              
                which
                has
                been
                learned,'
              
              
                i.e.
              
              
                learning
                that
                has
                been
              
            
            
              
                handed
                down
                by
                tradition
                (Bacher
                in
              
              
                JE,
              
              
                art.
                '
                Talmud
                ')
                ;
              
            
            
              
                it
                has
                also
                the
                meaning
                'completion';
                in
                this
                sense
                it
              
            
            
              
                came
                to
                be
                used
                as
                a
                synonym
                of
              
              
                Talmud.
              
            
          
          
            
              
                Baraitha.
              
              
                —
                This
                is
                an
                apocryphal
              
              
                Halakhah.
              
              
                When
              
            
            
              
                Jehudah
                ha-Nasi
                compiled
                his
                Mishna,
                there
                was
                a
              
            
            
              
                great
                deal
                of
                the
                Oral
                Tradition
                which
                he
                excluded
              
            
            
              
                from
                it
                (see
                above);
                other
                teachers,
                however,
                the
                most
              
            
            
              
                important
                of
                whom
                was
                Rabbi
                Chijja,
                gathered
                these
              
            
            
              
                excluded
                portions
                into
                a
                special
                collection;
                these
              
            
            
              
                Halakhoth,
              
              
                which
                are
                known
                as
              
              
                Baraithoih,
              
              
                were
                incor-porated
              
              
                into
              
              
                the
                Talmud;
                the
                discussions
                on
                them
                in
              
            
            
              
                the
                Talmud
                occupy
                many
                folios.
              
            
          
          
            
              
                Tannaim
              
              
                ('
                Teachers
                ').
                —
                This
                was
                the
                technical
                name
              
            
            
              
                applied
                to
                the
                teachers
                of
                the
                Mishna;
                after
                the
                close
                of
              
            
            
              
                the
                Mishna
                period
                those
                who
                explained
                it
                were
                no
              
            
            
              
                more
                called
                'Teachers,'
                but
                only
                'Commentators'
              
            
            
              
                {Amoraim);
              
              
                the
              
              
                dicta
              
              
                of
                the
              
              
                Tannaim
              
              
                could
                not
                be
              
            
            
              
                questioned
                excepting
                by
                a
                Tannaite,
                but
                an
                exception
              
            
            
              
                was
                made
                in
                the
                case
                of
                Jehudah
                ha-Nasi,
                who
                was
              
            
            
              
                permitted
                to
                question
                the
                truth
                of
                Tannaite
                pronounce-ments.
              
            
          
          
            
              
                There
                are
                two
                Talmuds,
                the
                'Jerusalem'
                or
                'Talmud
              
            
            
              
                of
                Palestine'
                and
                the
                'Baliiylonian,'
                known
                respectively
              
            
            
              
                by
                their
                abbreviated
                forms
                '
              
              
                Yerushalmi
                '
              
              
                and
              
              
                'Babli.'
              
            
            
              
                The
                material
                which
                went
                to
                make
                up
                the
              
              
                Yerushalmi
              
            
            
              
                had
                been
                preparing
                in
                the
                academies,
                the
                centres
                of
              
            
            
              
                Jewish
                learning,
                of
                Palestine,
                chief
                among
                which
                was
              
            
            
              
                Tiberias;
                it
                was
                from
                here
                that
                Rabbi
                Jochanan
                issued
              
            
            
              
                the
              
              
                Yerushalmi,
              
              
                in
                its
                earliest
                form,
                during
                the
                middle
                of
              
            
            
              
                the
                3rd
                cent.
              
              
                a.d.
              
              
                The
                first
                editor,
                or
                at
                all
                events
                the
              
            
            
              
                first
                compiler,
                of
                the
              
              
                Babli
              
              
                was
                Rabbi
                Ashi
              
              
                (d.
              
              
                a.d.
              
              
                430),
              
            
          
         
        
          
            
              
                who
                presided
                over
                the
                academy
                of
                Sura.
                Both
                these
              
            
            
              
                Talmuds
                were
                constantly
                being
                added
                to,
                and
                the
              
            
            
              
                Yerushalmi
              
              
                was
                not
                finally
                closed
                until
                the
                end
                of
                the
              
            
            
              
                4th
                cent.,
                the
              
              
                Babli
              
              
                not
                until
                the
                beginning
                of
                the
                6th.
              
            
            
              
                The
                characteristics
                which
                differentiated
                the
                academies
              
            
            
              
                of
                Palestine
                from
                those
                of
                Babylonia
                have
                left
                their
              
            
            
              
                marks
                upon
                the
                two
                Talmuds:
                in
                Palestine
                the
                tendency
              
            
            
              
                was
                to
                preserve
                and
                stereotype
                tradition,
                without
                per-mitting
                it
                to
                develop
                itself
                along
                natural
                channels;
                the
              
            
            
              
                result
                was
                that
                the
              
              
                Yerushalmi
              
              
                became
                choked
                with
              
            
            
              
                traditionalism,
                circumscribed
                in
                its
                horizon,
                and
                in
                con-sequence
                was
                regarded
                with
                less
                veneration
                than
                the
              
            
            
              
                Babli,
              
              
                and
                has
                always
                occupied
                a
                position
                of
                subordinate
              
            
            
              
                importance
                in
                comparison
                with
                this
                latter.
                In
                the
              
            
            
              
                Babylonian
                academies,
                on
                the
                other
                band,
                there
                was
                a
              
            
            
              
                wider
                outlook,
                a
                freer
                mental
                atmosphere,
                and,
                while
              
            
            
              
                tradition
                was
                venerated,
                it
                was
                not
                permitted
                to
                impede
              
            
            
              
                development
                in
                all
                directions;
                the
              
              
                Babli
              
              
                therefore
                ab-sorbed
                the
                thought
                and
                learning
                of
                all
                Israel's
                teachers,
              
            
            
              
                and
                is
                richer
                in
                material,
                and
                of
                more
                importance
                gener-ally,
                than
                the
              
              
                Yerushalmi.
              
              
                In
                order
                to
                give
                some
                idea
                of
              
            
            
              
                what
                the
                Talmud
                is,
                and
                of
                the
                enormous
                masses
                of
              
            
            
              
                material
                gathered
                together
                there,
                the
                following
                example
              
            
            
              
                may
                be
                cited,
                abbreviated
                from
                Bacher
                (op.
              
              
                cit.
              
              
                xii.
                5).
                It
              
            
            
              
                will
                be
                remembered
                that
                the
                Talmud
                is
                a
                commentary
              
            
            
              
                on
                the
                Mishna.
                In
                the
                beginning
                of
                the
                latter
                occurs
                this
              
            
            
              
                paragraph:
                'During
                what
                time
                in
                the
                evening
                is
                the
              
            
            
              
                reading
                of
                the
              
              
                Shema'
              
              
                begun?
                From
                the
                time
                when
              
            
            
              
                the
                priests
                go
                in
                to
                eat
                their
                leaven
                (Lv
                22')
                until
                the
                end
              
            
            
              
                of
                the
                first
                watch
                of
                the
                night,
                such
                being
                the
                words
                of
              
            
            
              
                R.
                Eliezer.
                The
                sages,
                however,
                say
                until
                midnight,
              
            
            
              
                though
                R.
                Gamaliel
                says
                until
                the
                coming
                of
                the
                dawn.'
              
            
            
              
                This
                is
                the
                text
                upon
                which
                the
              
              
                Yerushalmi
              
              
                then
                com-ments
                in
                three
                sections;
                the
                first
                section
                contains
                the
              
            
            
              
                following:
                a
                citation
                from
                a
              
              
                bariatha
              
              
                with
                two
                sayings
              
            
            
              
                from
                R.
                Jose
                to
                elucidate
                it;
                remarks
                on
                the
                position
                of
              
            
            
              
                one
                who
                is
                in
                doubt
                whether
                he
                has
                read
                the
              
              
                Shema';
              
            
            
              
                another
                passage
                from
                a
              
              
                baraitha,
              
              
                designating
                the
                ap-pearance
                of
                the
                stars
                as
                an
                indication
                of
                the
                time
                in
              
            
            
              
                question;
                further
                explanations
                and
                passages
                on
                the
              
            
            
              
                appearance
                of
                the
                stars
                as
                bearing
                on
                the
                ritual;
                other
              
            
            
              
                Rabbinical
                sayings;
                a
              
              
                baraitha
              
              
                on
                the
                division
                between
              
            
            
              
                day
                and
                night,
                and
                other
                passages
                bearing
                on
                the
                same
              
            
            
              
                subject;
                discussion
                of
                other
              
              
                baraithas,
              
              
                and
                further
              
            
            
              
                quotations
                from
                important
                Rabbis;
                a
                sentence
                of
              
            
            
              
                Tannaitic
                origin
                in
                no
                way
                related
                to
                the
                preceding
              
            
            
              
                matters,
                namely,
                '
                One
                who
                prays
                standing
                must
                hold
                his
              
            
            
              
                feet
                straight,'
                and
                the
                controversy
                on
                this
                subject
              
            
            
              
                between
                Rabbis
                Levi
                and
                Simon,
                the
                one
                adding,
                'like
              
            
            
              
                the
                angels,'
                the
                other,
                'like
                the
                priests';
                comments
                on
              
            
            
              
                these
                two
                comparisons;
                further
                discussion
                concerning
              
            
            
              
                the
                beginning
                of
                the
                day;
                Haggadic
                statements
                con-cerning
                the
                davro;
                a
                conversation
                between
                two
                Rabbis;
              
            
            
              
                cosmological
                comments;
                dimensions
                of
                the
                firmament,
              
            
            
              
                and
                more
                Haggadic
                comments
                in
                abimdance;
                a
                dis-cussion
                on
                the
                night-watches;
                Haggadic
                material
                con-cerning
                David
                and
                his
                harp.
                Then
                comes
                the
                second
              
            
            
              
                section,
                namely,
                a
                Rabbinical
                quotation;
                a
              
              
                baraitha
              
              
                on
              
            
            
              
                the
                reading
                of
                the
              
              
                Shema'
              
              
                in
                the
                synagogue;
                other
              
            
            
              
                Rabbinical
                and
                Haggadic
                matter;
                further
                Haggadic
              
            
            
              
                sayings;
                lastly,
                section
                3
                gives
                R.
                Gamaliel's
                view
                com-pared
                with
                that
                of
                another
                Rabbi,
                together
                with
                a
              
            
            
              
                question
                which
                remains
                unanswered.
              
            
          
          
            
              
                This
                is,
                of
                course,
                the
                merest
                skeleton
                of
                an
                example
              
            
            
              
                of
                the
                mass
                of
                commentary
                which
                is
                devoted
                to
                the
              
            
            
              
                Mishna,
                section
                by
                section.
                Although
                the
                Haggadic
              
            
            
              
                element
                plays
                a
                much
                less
                important
              
              
                rOle
              
              
                than
                the
              
            
            
              
                Halakhic,
                still
                the
                former
                is
                well
                represented,
                and
                is
              
            
            
              
                often
                employed
                for
                purposes
                of
                edification
                and
                rebuke,
              
            
            
              
                as
                well
                as
                for
                instruction.
                The
                following
                outline
                of
                a
              
            
            
              
                Haggadic
                passage
                from
                the
              
              
                Yerushalmi
              
              
                will
                serve
                as
                an
              
            
            
              
                example;
                it
                is
                intended
                as
                a
                rebuke
                to
                '
                Scandal-mongers,'
              
            
            
              
                and
                a
                text
                (Dt
                1'*)
                is
                taken
                as
                a
                starting-point,
                namely,
              
            
            
              
                '
              
              
                How
                can
                I
                myself
                alone
                bear
                your
                cumbrance
                and
                your
              
            
            
              
                burden
                and
                your
                strife
                f
              
              
                '
                It
                then
                continues:
                '
                How
                did
              
            
            
              
                our
                forefathers
                worry
                Moses
                with
                their
                cumbrances?