Theorybin Edits 6/17/2018 Mishna-Talmud Page 1 of 326 MISHNA Eighteen Treatises from the Mishna, by the Rev. D. A. Desola and Re
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MISHNA Eighteen Treatises from the Mishna, by the Rev. D. A. DeSola and Rev. M. J. Raphall, London: Sherwood, Gilbert, and Piper, Paternoster Row. [1843] London: Printed by Joan Wertheimer and Co., Circus Place, Finsbury Circus Scanned, proofed and formatted by John Bruno Hare at sacred-texts.com , January 2009. Theorybin author’s note: Eighteen Treatises of 62 are from the Mishna, these are Man’s Laws, and not always Torah Laws. They are answers to specific questions followed by the rabbinical quorum. Indexing and numeral edits by theorybin.com 1. TREATISE BERACHOTH: Pages 03 - 14 Regulating the daily prayers and the ritual of Divine worship 4. TREATISE KILAIM: Pages 14 - 30 Derived from, and enforcing the divine commands. – (Lev 19:19; Deut 22:9, 11) 12. TREATISE SABBATH: Pages 31 - 64 Precepts for the due observance of the Sabbath-Day 13. TREATISE ERUBIN: Pages 64 – 86 The combination of places and of limits 14. TREATISE PESACHIM: Pages 86 – 111 Passover Festival and the sacrifice of the Paschal Lamb on the 14 th of Nissan. 16. TREATISE YOMAH: Pages 112 - 114 The Day of Atonement 17. TREATISE SUCCAH: Pages 114 - 127 Festival of Tabernacles 18. TREATISE YOM TOB: Pages 127 - 137 The Festival Preparation 19. TREATISE ROSH HASHANAH: Pages 138 - 148 Festival of the New Year 20. TREATISE TAANITH: Pages 148 - 159 Observations of the Fasts 21. TREATISE MEGUILLAH: Pages 159 - 169 The roll of the Book of Esther 22. TREATISE MOED KATAN: Pages 169 - 177 The middle days of Festivals 23. TREATISE YEBAMOTH: Pages 177 - 212 Laws relating to unsuitable Marriages 24. TREATISE KETUBOTH: Pages 212 - 247 Marriage contracts, dowries, settlements, rights, duties and obligations 28. TREATISE GITTIN: Pages 248 - 271 Document legally dissolving a marriage 29. TREATISE KEDUSHIN: Pages 271 - 285 Betrothing or damages; the rights of persons and things 42. TREATISE CHOLIN: Pages 286 - 314 Regulations in respect to the killing or slaughtering for domestic use 61. TREATISE YADAIM: Pages 316 - 326 Purifying the hands and feet from uncleanness Theorybin edits 6/17/2018 Mishna-Talmud Page 1 of 326 This text is in the public domain in the US because it was published prior to 1923. _____ PREFACE. THE circumstances which gave rise to the translation of the following portions of the Mishna, deserve a brief record in the annals of Jewish History, and are as follows:-- During one of the public discussions that took place at the vestry hoard of the Sphardim Synagogue, on the subject of revising the liturgy used in that Synagogue, and for improving its Public Worship, the opponents to alteration took shelter under the authority of the Mishna, and this led the advocates of improvement to express their long entertained doubts as to the divinity of the Oral Law. These gentlemen, on being taunted with using arguments derived from partial extracts furnished by Christian writers, urged the necessity of being supplied with an English translation from persons of their own faith. In consequence of this application, the meeting passed a resolution authorizing the Rev. D. A. De Sola to translate the Mishna. Mr. De Sola having at the same time been empowered to call in a coadjutor, made choice of the Rev. M. J. Raphall, and the following translation (comprising such parts of the work as more immediately relate to Israel in their present dispersion) is the production of their joint labours. [*1] There can be no doubt that to the Israelite, who believes in the divinity of an Oral Law-- who thinks the salvation of his soul depends on such belief--but to whom the Mishna in the Hebrew is a sealed book--there can be no doubt that to such a man, if he be rational as well as pious, the present translation must be highly acceptable, as mere belief in the contents of a book not understood can confer no claim to heavenly reward. To his co- religionist, equally unacquainted with the Hebrew, who thinks that a doctrine involving the soul's salvation or perdition should rest, not on presumptive but on demonstrative proof, and whose scepticism is grounded on the expressive silence of God, of Moses, and of the Prophets, as to the existence of two divine codes--equally acceptable to him must be a publication which throws light on a subject of such deep spiritual interest. And as the entire Mishna has been translated by our continental brethren into German, it is to be hoped that the whole will be rendered into English for the enlightenment of the British Jew, who will thereby be enabled to read a book said to contain God's explanation of the Written Law. We find the holy pages of the Pentateuch, the Prophets, and the Hagiography, open for his instruction, comfort, and consolation; and the same free access should be given to pages containing so large a portion of the Oral Law, for which a Divine origin is also claimed. Tebet, 5603.--December, 1842. Footnotes ^0:1 The Treatise Nidda not being suited to the refined notions of the English reader, has not been printed; and for the same reason the Hebrew in some places has been substituted for the English. In Treatise Yebamoth it has been deemed necessary to omit, for similar reasons, chapters 6. and 8., as well as several sections in the same Treatise; the omissions being indicated by asterisks. Theorybin edits 6/17/2018 Mishna-Talmud Page 2 of 326 1. TREATISE BERACHOTH : Pages 03 - 14 Regulating the daily prayers and the ritual of Divine worship Chapter 1 pg 03: From what time is the shm` to be said in the evening Chapter 2 pg 04: A man who is reading in the Torah Chapter 3 pg 06: He whose dead lieth before him Chapter 4 pg 07: The morning prayer may be said until noon Chapter 5 pg 08: Men are not to stand up and pray, except with profound humility Chapter 6 pg 09: What blessing must be said for fruit Chapter 7 pg 10: Three men who have eaten together Chapter 8 pg 11: The following are the points relating to meals Chapter 9 pg 12: He who sees a place wherein wonders were wrought unto Israel CHAPTER 1. section 1. From what time is the shm` [*1] to be said in the evening? From the time the priests [*2] again enter [the sanctuary] to eat their heave offerings, until the close of the first watch [*3] [of the night]. Such is the dictum of R. Eleazar; but the sages say, "until midnight." Rabbon Gamaliel saith, "until the break of dawn." It happened [once] that his sons returned from a banquet [after midnight]. They said to him, "We have not yet said the shm`." He replied, "If the day is not yet dawned, ye are bound to say it: and," added he, "not only in this [instance], but every [duty the performance of which] the sages say [is limited] to midnight only, the legal obligation does not cease until the break of dawn. [Thus in] the burning of the fat and members [of sacrifices] the legal obligation [is in force] till break of dawn. And all [offerings] which must be eaten the slime day [they have been brought] the legal obligation [extends] until the break of dawn." Such being the case, why do the sages say "until midnight" only? To withhold man from transgression. section 2. From what time is the shm` to be said in the morning? From the time man can distinguish between blue and white. R. Eleazar saith, "between blue and leek-green." And it may be said, "until the sun shines forth [over the mountain tops]." R. Joshua saith, "until the third hour," [*4] for such is the habit of royal princes who rise at the third hour. He who says the shm` after that time loses nothing, [but is] like any man who reads in the Torah. section 3. Beth [the school of] Shammai hold, that in the evening, men are to recline when they say the shm`, and in the morning, they are to stand upright; for it is said, "when thou liest down, and when thou risest up." [*5] But Beth Hillel hold, that every man is to say it his own way, [in what posture] he pleases, for it is said, "when thou walkest by the way." [*6] Such being the case, why [then] is it said, "when thou liest down, and when thou risest up"? The meaning is, at the time when mankind is in the habit to lie down, and at the time when mankind is in the habit to rise. R. Tarphon said, "Once I came along the road, and reclined, in order to say the shm`, according to the dictum of Beth Shammai; but I exposed myself to danger from robbers." They [the sages] Theorybin edits 6/17/2018 Mishna-Talmud Page 3 of 326 answered him, "Thou wast guilty against thyself [deserving of death] because thou didst violate the decision of Beth Hillel." section 4. In the morning, two benedictions are said before [the shm`] and one after it; and in the evening, two benedictions before and two after it, one long and one short. [*7] Where they, the sages, have adopted the long [form] no man is authorised to shorten [use the short form]; and where they have adopted the short form no man is authorised to lengthen [use the long form]. [Where they] close [with a benediction] no man is authorised not [so] to close: and [where they do] not close [with a benediction] no man is authorised [so] to close.