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Mishnah

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The Mishnah (Hebrew, "Repetition") is the core of rabbinic Judaism's religious texts. It is the first recording of the oral law of the Jewish people, as championed by the Pharisees. It was redacted by Judah haNasi around the year 200 CE. It is considered the first work of Rabbinic Judaism.

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.

Also noteworthy is the Mishnah's lack of citation of a scriptural basis for its laws. Connecting the Mishnaic law with the Torah law was a major enterprise of the later Midrash and Talmuds.

The Rabbinic sages whose views are recorded therein are called Tannaim, the plural of Tanna; 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 [what one was taught] and is used to mean 'to learn'. The term 'Mishna' basically means the entire body of Jewish religious law that was passed down and developed before 200 CE, when it was finally redacted by Rabbi Yehudah haNasi (Judah the Prince). He is usually simply referred to as 'Rabbi'.

The word mishna can also indicate a paragraph ie. the smallest unit of structure in the Mishna. 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 (acronim for Shisha Sedarim - the six orders) make up the Mishna (or alternatively the Talmud if discussing the Gemara.)

Relation between the Bible and the Mishnah

Rabinical Judaism holds that the books of the Hebrew Bible (The Old Testament) have always been transmitted in parallel with an oral tradition. Two guides to laws were given to Moses at Mount Sinai: the first, known as Torah she-bi-khtav, or the "Written Law" is the Tanakh (Jewish Bible) as we know it today; the second, known as Torah she-ba'al peh, is the exposition of the Written Law as relayed by the scholarly and other religious leaders of each generation. The Oral Law is, in some sense, the more authoritative of the two: the traditions of the Oral Law are considered as the basis for the interpretation, and often for the reading, of the Written Law.

By the time of Judah Ha-Nasi (200 CE) much of the Oral Law was edited together into the Mishnah; see below. Over the next four centuries this material underwent analysis and debate, known as Gemara (completion), in both of the world's major Jewish communities (in the land of Israel and Babylon). These eventually came to be edited together into compilations known as the Talmud. Jewish law and custom thus is not based on a literal reading of the Torah, or the rest of the Tanakh, but on the combined oral and written tradition.

The writing of the Mishnah

Prior to the time of Rabbi, Jewish Law was transmitted orally; It was forbidden to write and publish the Oral Law, as any writing would be incomplete and subject to misinterpretation and abuse. However, after great debate, this restriction was lifted when it became apparent that it was the only way to ensure that the law could be preserved. To prevent the material from being lost, Rabbi took up the redaction of the Mishna. He did not do this at his own discretion, but rather examined the tradition all the way back to the Great Assembly. Some of tractates preceded him; These he merely supplemented.


The structure of the Mishna

The Mishna 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 smaller units called mishnayot.(mishna - singular)

  • First Order: Zeraim ("Seeds"). 11 tractates. It deals with agricultural laws and prayers.
  • Second Order: Mo'ed ("Festival Days"). 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: Neziqin ("Damages"). 10 tractates. Deals with civil and criminal law.
  • Fifth Order: Qodashim ("Holy things"). 11 tractates. This involves sacrificial rites, the Temple, and the dietary laws.
  • Sixth order: Taharot ("Purity"). 12 tractates. This pertains to ritual and the laws of family purity.

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 halkahic ruling usually follows that view. Sometimes, however, it is the opinion of a single sage whom Rabbi Judah haNasi favoured and sought to establish the ruling accordingly.

The generations of the Mishnah sages

First Generation: Rabban Yohanan ben Zakkai's generation (circa 40-80 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 Talmud: Rabbis Shimon ben Judah HaNasi and Yehoshua ben Levi, etc.


The Six Orders of the Mishnah and their Tractates

I. Tractates in Seder Zeraim ("The Order of Seeds"):

This Order deals with laws of the cultivation of the soil (especially in the Land of Israel), prefaced by a tractate on blessings and liturgy.

  • Berakhot ("Benedictions") is about liturgy, especially the recitation of the Shema and blessings.
  • Peah ("Corner") is about various kinds of agricultural produce that are left for the poor (Lev. xix. 9, 10; xxiii. 22; Deut. xxiv. 19-22).
  • Demai ("Doubtfully Tithed") deals chiefly with various cases in which it is not certain whether the offering of the fruit has been given to the priests.
  • Kilayim ("Mixtures") deals with rules regarding forbidden mixtures in terms of clothing, planting and breeding (Lev. xix. 19; Deut. xxii. 9-11).
  • Shevi'it ("Sabbatical Year") deals with the regulations concerning the seventh year (Ex. xxiii. 11; Lev. xxv. 1-8; Deut. xv. 1 et seq.).
  • Terumot ("Priest's Dues") deals with the laws regarding the offering to be given to the Kohen, the Jewish priest (Num. xviii. 8 et seq.; Deut. xviii. 4).
  • Ma'aserot ("Tithes") deals with the prescription regarding the tithe to be given to the Levites (Num. xviii. 21-24).
  • Ma'aser Sheni ("Second Tithe") deals with the rules concerning the tithe or its equivalent which was to be eaten at Jerusalem (Deut. xiv. 22-26).
  • Hallah ("Dough") deals with the laws regarding the heave-offering of dough to be given to the priests (Num. xv. 18-21).
  • Orlah ("Uncircumcised" fruits, i.e. fruits of trees during the first four years after planting) deals chiefly with the regulations of Lev. xix. 23-25.
  • Bikkurim ("First Fruits") deals with the laws in Ex. xxiii. 19; Deut. xxvi. 1.

II. Tractates in Seder Moed ("The Order of Appointed Times"):

This Order deals with the laws of the Sabbath, Festivals, and Fasts.

  • Shabbat ("Sabbath") Deals with the 39 categories of prohibitions on the Shabbat.
  • Eruvin ("Mixtures") Deals with the Eruv or Sabbath-bound - a category of constructions/deliniations that alter the domains of the Sabbath for carrying and travel.
  • Pesachim ("Paschal Lambs") Deals with the Pesach festival and especially the Paschal offering.
  • Shekalim ("Shekels") Deals with the collection of the half-Shekel as well as the expences and expendature of the Temple.
  • Yoma ("The Day") Deals with Yom Kippur (the Day of Atonement), especially with the service performed by the Kohen Gadol (High Priest).
  • Sukkah ("Booth") Deals with the laws of Sukkot (the Festival of Booths).
  • Beitzah ("Egg") Deals with the laws of Yom Tov and the leniencies of the prohibitions compared to the Sabbath.
  • Rosh Hashanah ("New Year") Deals with the proclamation of the New Year and the setting of the calendar as well as the festival of Rosh Hashanah.
  • Taanit ("Fast") Deals with the laws of public fasts, especially ones announced due to a bad harvest.
  • Megillah ("Scroll") Deals with the reading of the Megillat Esther (Scroll of Esther) on Purim and with the laws of reading the Torah scroll in the Synagogue.
  • Moed Katan ("Little Festival") Deals with Hol Hamoed - the intermediate festival days of Pesach and Sukkot.
  • Hagigah ("Festival Offering") Deals with the Three Pilgrimage Festivals (Pesach, Shavuot, Sukkot) in the pilgrimage offering that males were supposed to bring in Jerusalem.

III. Tractates in Seder Nashim ("The Order of Women"):

This Order deals with family life in Judaism.

  • Yevamot ("Levirates") Deals with levirate marriage (Deut 15) and other topics, such as the status of minors.
  • Ketubot ("Marriage Contracts") Deals with the Ketubah - the world's first "pre-nuptual" agreement, as well as topics such as virginity and the obligations of a couple towards each other.
  • Nedarim ("Vows") Deals with various types of vows and their legal consequences.
  • Nazir ("One who abstains") Deals with the details of the Nazirite vow and being a Nazirite (Num 6)
  • Sotah ("One who goes astray") Deals with the ritual of the Sotah - the woman suspected of adultery (Num 6) as well as other rituals involving a spoken formula (such as breaking the heifer's neck).
  • Gittin ("Bills of Divorce") Deals with the concepts of divorce, the legal document and the use of agents in divorce.
  • Kiddushin ("Betrothal") Deals with the initial stage of marriage - betrothal, as well as the laws of Jewish lineages.

IV. Tractates in Seder Nezikin ("The Order of Damages"):

Deals with Jewish "criminal and civil" law, court system etc.
Originally, the first three tractates were counted as a single, very lengthy tractate. Since it was the chief repository of "civil" law, it was simply called Masechet Nezikin (The Tractate of Damages)

  • Bava Kamma ("First Gate") Deals with civil matters, largely damages and compensation.
  • Bava Metzia ("Second Gate") Deals with civil matters, largely torts and property
  • Bava Batra ("Third Gate") Deals with civil matters, largely land ownership.
  • Sanhedrin ("The Sanhedrin") Deals with the rules of court precedings, the death penalty and other criminal matters.
  • Makkot ("Lashes") Deals with collusive witnesses, cities of refuge and the punishment of lashes.
  • Shevuot ("Oaths") Deals with the various types of oaths and their consequences.
  • Eduyot ("Testimonies") Presents case studies of legal disputes in Mishnaic times and the miscellaneous testimonies that illustrate various Sages and principles of halakha.
  • Avodah Zarah ("Foreign Worship") Deals with the laws of interactions between Jews and idolaters.
  • Avot ("Fathers") A collection of the Sages' favourite ethical maxims.
  • Horayot ("Decisions") Deals with the communal sin-offering.

V. Tractates in Seder Kedoshim ("The Order of Holy Things"):

Deals with the Temple service.

  • Zevahim ("Sacrifices") Deals with the procedure of animal and bird offerings.
  • Menahot ("Meal Offerings") Deals with the various grain-based offerings in the Temple.
  • Hullin ("Profane Things") Deals with the laws of slaughter and meat consumption (ie animals used for profane as opposed to sacred reasons).
  • Bekhorot ("Firstborns") Deals with the sanctification and redemption of animal and human firstborns.
  • Arakhin ("Dedications") Deals mainly with a person dedicating their value to the Temple or dedicating a field.
  • Temurah ("Substitution") Outlines the laws of what happens if an animal is substituted for an animal dedicated for a sacrifice.
  • Keritot ("Excisions") Deals with the commandments for which the penalty is karet (spiritual excision) as well as the sacrifices associated with their (mostly unwitting) transgression.
  • Me'ilah ("Sacrilege") Deals with the laws of restitution for the misappropriation of Temple property.
  • Tamid ("Always") Outlines the procedure of the Tamid (daily sacrifice).
  • Middot ("Measurements") Describes the measurements of the second Temple.
  • Kinnim ("Sacrificial birds") Deals with the complex laws for situations where the mixing of bird-offerings occured.

VI. Tractates in Seder Tohorot ("The Order of Purities"):

This order deals with the clean/unclean distinction, kashrut and family purity.

  • Keilim ("Vessels") deals with a large array of various utensils and how they fare in terms of purity.
  • Oholot ("Tents") deals with the uncleanness from a corpse and it's peculiar property of "overshadowing" objects in the same tent-like structure as it.
  • Negaim ("Plague-Sufferers") deals with the laws of the metzorah.
  • Parah ("Cow") deals largely with the laws of the Red Heifer.
  • Tohorot ("Purities") deals with miscellaneous laws of purity, especially the actual mechanics of contracting impurity and the laws of the impurity of food.
  • Mikvaot ("Ritual Naths") deals with the laws of the Mikvah.
  • Niddah ("Separation") deals with the Niddah, a woman during her menstrual cycle.
  • Makshirin ("Preliminary acts of preparation"), preparations for rituals.
  • Zavim ("Seminal Emissions") deals with the laws of a person who has had a seminal (or similar) emission.
  • Tevul Yom ("Bathing (of the ) day") deals with a special kind of impurity where the person immerses in a Mikvah but is still unclean for the rest of the day.
  • Yadaim ("Hands") deals with a Rabbinic impurity restricted to the hands.
  • Uktzin ("Stalks") deals with the impurity of the stalks of fruit.

Important Manuscripts and Editions

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

See also:

Talmud, Tosefta, Minor Tractates, Judaism

External Links:

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