The Halacoth and Haggadoth accumulated rapidly after the Captivity, representing in due time “a body of traditional exposition of high authority, which increased rapidly, and required the life-long study of a numerous body of Sopherim, or Scribes, to digest and hand on without loss to succeeding generations.” Soon it outgrew the grasp of even the strongest memory and the profoundest application, and it became evident that, unless put upon record, all that was valuable would perish, and only that be preserved which chanced to be in accordance with popular sentiment. To the digest made by Hillel, Simon ben Gamaliel added the worthiest of the later material; and his son, Jehudah the Holy, entered on a complete redaction and revision, which he published in A.D. 219. Hillel, grandfather of the Gamaliel at whose feet S. Paul sat, had arranged the traditional Halacoth under eighteen heads; Jehudah re-arranged them into six Sedarim, or sections: —
1. Zeraïm (Seeds,) on Agriculture;
2. Moed (Feast,) on the Sabbath, Festivals, and Fasts;
3. Nashim (Women,) on Marriage, Divorce, &c., including the laws on Vows and the Nazirship;
4. Nizikin (Damages,) chiefly civil and penal law, including the ethical treatise Aboth;
5. Kadashim (Sacred things,) Sacrifices, &c., a description of the Temple at Jerusalem, &c.;
6. Tehoroth (Purifications,) on pure and impure persons and things.
We now see that, about A.D. 221 Jehudah the Holy created the Mishna, we have already seen that three centuries later, the same exhaustive work of redaction and revision was done for the Gemara, – the two forming what is now known as the Talmud. The two “editors” received each his peculiar title of honour; Jehudah was styled Rabbina, Ashi Rabban.
Of the language of the Babylon Talmud it is said that it is debased with foreign and barbarous terms and grammatical solecisms to a much greater extent than the “Jerusalem Talmud.” Mr. Blunt asserts that “the Haggadic narratives resemble more closely the vernacular Aramaic, showing their origin in ordinary folk lore. The Halacoth are in Mishnic Hebrew, carrying evidence of higher date. The style is so exceedingly concise as to make the sense that it contains a microscopic study. The difficulties indeed of the Gemara are so great, that no one need think to master them thoroughly who has not drawn in Gemara with his mother’s milk. The study of the Talmud presumes a thorough knowledge also of the Hebrew Bible, a single word often indicating an entire passage. The wonderful moral confusion of the Talmud, the mixed character of which may be detected in every page, is nowhere more strikingly exemplified than in the prayer put by the Gemarist into the mouth of Rabbi Nechoniah ben Hakakana, on entering the school, or Beth Midrash, and quitting it again in the evening.”
The morning prayer was as follows: —
“I beseech Thee that no scandal may occur through fault of mine, and that I err not in matters of Halacah, so as to cause my colleagues to exult. May I not call impurity pure, or purity impure; and may my colleagues not blunder in matters of Halacah, that I may have no cause to triumph over them.”
The spirit of this prayer, in its meekness and modesty, is truly commendable, and presents a striking contrast to that of the evening prayer: —
“I thank Thee that Thou hast given me my portion among those who have a seat in the Beth Midrash, and that Thou hast not cast my lot among those who sit in the corner. I early rise, and they early rise; but I rise to the service of the law, they to vanity. I labour, and they also labour, but I labour and receive a recompense; they labour, but receive nothing. I hasten, and they also hasten; but I hasten in the direction of the world to come, they hasten towards the pit of destruction.”
It is impossible to believe that both these prayers come from the same source; “sweet waters and bitter” do not alike flow from the fountain of Marah.
With respect to the general character of the Talmud, with all its weakness and strength, its beauty and deformity, its poetry and commonplace, its tender wisdom and glaring absurdity, we cannot do better than quote the moderate opinion of the writer already cited, as infinitely more trustworthy than the dithyrambic utterances of Deutsch and his imitators. He says: —
“In its origin it was the result of an almost necessary development. Starting with the axiom that the law of Moses is binding on the children of Abraham in every generation, its precepts have been applied to the changing habits and customs of the Jews in different ages and under various climates, by a literal interpretation when possible, otherwise on the ci-près principle, rarely by giving a new direction to its enactments, as instanced under the Hillel régime. It is this application of the Law to the needs of Jewish Society, by a process slow and gradual, that has made each successive stage of development, in Jewish opinion, more valuable than its predecessors. Thus if the Law has been likened to water, the Mishna, which gives a later direction to its precepts, is as wine; and the Gemara, declaring as it does the sense in which the Mishnic Hilkoth are to be taken, is as hippocras. It is not that the Law is less, or that the traditional decisions and expository matter are more sacred, but the latest phase of judicial interpretation is the most binding; and where the rule of action is clear and decisive, no antecedent utterance need trouble the inquirer. Yet the Talmud has always been antiquated. It has never known the sunshine of youth. It has still been the mouldering, moss-grown ruin. In its origin it presupposed vital action where there was nothing but death; Temple service with the Temple hopelessly in ruins, ‘not one stone upon another;’ sacrificial rites that were impossible without an altar, and for which certain prayers were substituted, carefully numbered out, and made binding on the individual in lieu of public offering… Nothing can be more completely out of place than strict Talmudism amid the complications of modern society; it is impossible to make its precepts consist with the social and political duties of the highly educated Jew. Our Lord, Who came not to destroy the Law, but to fulfil it, has pointed out those modes of dealing with the Law in its higher and more spiritual bearings, that in the end must be accepted by Israel as his truest wisdom.”
Mr. Deutsch gives the following account of the six sections of the Mishna: —
“Section I. Seeds: of Agrarian laws, commencing with a chapter on Prayers. In this section the various tithes and donations due to the Priests, the Levites, and the poor, from the products of the lands, and further the Sabbatical year, and the prohibited mixtures in plants, animals, and garments, are treated of.
“Section II. Feasts: of Sabbaths, Feast and Fast days, the work prohibited, the ceremonies ordained, the sacrifices to be offered, on them. Special chapters are devoted to the Feast of the Exodus from Egypt, to the New Year’s Day, to the Day of Atonement (one of the most impressive portions of the whole book,) to the Feast of Tabernacles, and to that of Haman.
“Section III. Women: of betrothal, marriage, divorce, &c.; also of vows.
“Section IV. Damages: including a great part of the civil and criminal law. It treats of a law of trades, of buying and selling, and the ordinary monetary transactions. Further, of the greatest crime known to the law, viz., idolatry. Next of witnesses, of oaths, of legal punishments, and of the Sanhedrim itself. This section concludes with the so-called ‘Sentences of the Fathers,’ containing some of the sublimest ethical dicta known in the history of religious philosophy.
“Section V. Sacred Things: of sacrifices, the first-born, &c.; also of the measurements of the Temple (Middoth).
“Section VI. Purifications: of the various Levitical and other Hygienic laws, of impure things and persons, their purification, &c.”22
In defence of the Haggadah, with all its incongruities, puerilities, and absurdities, it is only just to hear what Deutsch, its enthusiastic apostle, has to say. And first he applies to it the rhyming apology which Bunyan put forward on behalf of his great allegory, – which, by the way, Mr. Deutsch surely