Unlike the Talmud the majority of the Mishnah is written in Hebrew, while the Talmuds are written in Judeao-Aramaic, European scholars over the past 1000 years have termed this 'Mishnaic Hebrew'.
The Mishnah reflects debates between 70-200 CE by the group of rabbinic sages known as the Tannaim. The Mishnah teaches the oral traditions by example, presenting actual cases being brought to judgment, usually along with the debate on the matter and the judgment that was given by a wise and notable rabbi based on the halakha, Mitzvot, and spirit of the teaching ("Torah") that guided his sentencing. In this way, it brings to everyday reality the practice of the mitzvot as presented in the Bible, and aimed to cover all aspects of human living, serve as an example for future judgments, and, most important, demonstrate pragmatic exercise of the Biblical laws, which was much needed at the time when the Second Temple was destroyed (70 CE). The Mishnah does not claim to be the development of new laws, but rather the collection of existing traditions.
The Mishnah consists of six orders (, singular ), each containing 7-12 tractates (, singular ; lit. "web"), 63 in total, and further subdivided into chapters and paragraphs or verses. The orders and their subjects are: Zeraim ("Seeds"), dealing with prayer and blessings, tithes and agricultural laws (11 tractates), Moed ("Festival"), pertaining to the laws of the Sabbath and the Festivals (12 tractates), Nashim ("Women"), concerning marriage and divorce, some forms of oaths and the laws of the nazirite (7 tractates), Nezikin ("Damages"), dealing with civil and criminal law, the functioning of the courts and oaths (10 tractates), Kodashim ("Holy things"), regarding sacrificial rites, the Temple, and the dietary laws (11 tractates) and Tohorot ("Purities"), pertaining to the laws of purity and impurity, including the impurity of the dead, the laws of food purity and bodily purity (12 tractates).
The word Mishnah can also indicate a single paragraph or verse of the work itself, i.e. the smallest unit of structure in the Mishnah.
The Mishnah orders its content by subject matter, instead of by biblical context. Likewise it discusses individual subjects more thoroughly than the Midrash. It includes a much broader selection of halakhic subjects than the Midrash.
The six orders are:
In each order (with the exception of Zeraim), tractates are arranged from biggest (in number of chapters) to smallest.
The word Mishnah can also indicate a single paragraph or verse of the work itself, i.e. the smallest unit of structure in the Mishnah.
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. There is also a tradition that Ezra the scribe dictated from memory not only the 24 books of the Tanakh but 60 esoteric books. It is not known whether this is a reference to the Mishnah, but there is a case for saying that the Mishnah does consist of 60 tractates. (The current total is 63, but Makkot was originally part of Sanhedrin, and Bava Kamma, Bava Metzia and Bava Batra may be regarded as subdivisions of a single tractate Nezikin.)
Interestingly, Reuvein Margolies (1889–1971) posited that there were originally seven orders of Mishnah, citing a Gaonic tradition on the existence of a seventh order containing the laws of Sta"m (scribal practice) and Berachot (blessings).
Most of the Mishnah is related without attribution (). This usually indicates that many sages taught so, or that Judah haNasi (often called "Rebbi") who redacted the Mishna together with his academy/court ruled so. The halakhic ruling usually follows that view. Sometimes, however, it appears to be the opinion of a single sage, and the view of the sages collectively (, hachamim) is given separately.
The Talmud records a tradition that unattributed statements of the law represent the views of Rabbi Meir (Sanhedrin 86a), which supports the theory (recorded by Rav Sherira Gaon in his famous Iggeret) that he was the author of an earlier collection. For this reason, the few passages that actually say "this is the view of Rabbi Meir" represent cases where the author intended to present Rabbi Meir's view as a "minority opinion" not representing the accepted law.
Rebbi is credited with publishing the Mishnah, though there have been a few edits since his time (for example, those passages that cite him or his grandson, Rabbi Yehuda Nesi'ah; in addition, the Mishnah at the end of Tractate Sotah refers to the period after Rebbi's death, which could not have been written by Rebbi himself). According to the Epistle of Sherira Gaon, 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 the Mishnah, Rebbi and his court also ruled on which opinions should be followed, though the rulings do not always appear in the text.
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, and therefore a second version of certain laws were released. The Talmud refers to these differing versions as Mishnah Rishonah ("First Mishnah") and Mishnah Acharonah ("Last Mishnah"). David Zvi Hoffman suggests that Mishnah Rishonah actually refers to texts from earlier Sages upon which Rebbi based his Mishnah.
One theory is that the present Mishnah was based on an earlier collection by Rabbi Meir. There are also references to the "Mishnah of Rabbi Akiva", though this may simply mean his teachings in general. It is possible that Rabbi Akiva and Rabbi 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 Rebbi 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.
The end of the Jewish commonwealth in the year 70 CE resulted in an upheaval of Jewish social and legal norms. The Rabbis were faced with the new reality of Judaism without a Temple (to serve as the center of teaching and study) and Judea without autonomy, both serving as sources of pride. It is during this period that Rabbinic discourse began to be recorded in writing.
The earliest recorded oral law may have been of the midrashic form, in which halakhic discussion is structured as exegetical commentary on the Torah. But an alternative form, organized by subject matter instead of by biblical verse, became dominant by about the year 220 CE, when Rebbi Judah haNasi redacted the Mishnah. In general, all opinions, even the non-normative ones, were recorded in the Mishnah and subsequently the Talmud.
In modern times, "the law" takes on a different meaning than discussed in the Mishnah and Talmud. "The law" in Judaism refers primarily to biblical law, given to the Israelites by God through Moses, as well as interpretations of the meaning and application of those rules. Thus, "the Law" is understood to be the religious teachings and rules given by God. Yet, since religion was infused in every area of life, rules for governing society, resolution of disputes, and enforcing safety and public order were also governed by the religious law, leading to an overlap of religion and modern conceptions of law.
According to the Rabbinic view, the Oral Law (Torah she-be'al-peh) was also given to Moses at Sinai, and 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. 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.
By 220 CE, much of the Oral Law was edited together into the Mishnah, and published by Rabbi Judah haNasi. Over the next four centuries this material underwent analysis and debate, known as Gemara ("completion"), in what were at that time the world's two major Jewish communities, in the land of Israel and in the Babylonian Empire. These debates eventually came to be edited together into compilations known as the Talmud: the Talmud Yerushalmi (Jerusalem Talmud) for the compilation in Israel, and Talmud Bavli (Babylonian Talmud) for the compilation undertaken in Babylon.
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.
Rabbi Nissim Gaon in his Hakdamah Le'mafteach Hatalmud writes that many of these laws were so well known that it was unnecessary for Rabbi to discuss them. Reuvein Margolies suggests that as the Mishnah was redacted after the Bar Kochba revolt, Rabbi 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.
David Zvi Hoffman suggests that there existed ancient texts in the form of the present day Shulchan Aruch that discussed the basic laws of day to day living and it was therefore not necessary to focus on these laws in the Mishnah.
As well as being printed on its own, the Mishnah is included in all editions of the Babylonian and Jerusalem Talmuds. Each paragraph is printed on its own, and followed by the relevant Gemara discussion. However, that discussion itself often cites the Mishnah line by line. While the text printed in paragraph form has generally been standardized to follow the Vilna edition, the text cited line by line often preserves important variants, which sometimes reflect the readings of older manuscripts.
The nearest approach to a critical edition is that of Hanoch Albeck. There is also an edition by Yosef Qafiḥ of the Mishnah together with the commentary of Maimonides, which compares the base text used by Maimonides with the Napoli and Vilna editions and other sources.
Most vowelized editions of the Mishnah today reflect standard Ashkenazic vowelization, and often contain mistakes. The Albeck edition of the Mishnah was vowelized by Hanokh 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 introduction 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 1168, Maimonides published a comprehensive commentary on the Mishnah. It was written in transliterated Arabic (using Hebrew letters) and was one of the first commentaries of its kind. In it, "Rambam" condenses the associated Talmudical debates, and offers his conclusions in a number of undecided issues. Of particular significance are the various introductory sections - as well as the introduction to the work itself - these are widely quoted in other works on the Mishnah, and on the Oral law in general. Perhaps the most famous is his introduction to the tenth chapter of tractate Sanhedrin where he enumerates the thirteen fundamental beliefs of Judaism. The work has been translated a number of times. Rabbi Yosef Qafiḥ's translation was popular in the twentieth century, but a recent translation by Machon MaOhr offers much more comprehensive footnotes.
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.
Category:Jewish texts Category:Talmud Mishnah
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