Horayot ( Hebrew : הוֹרָיוֹת ; "Decisions") is a tractate in Seder Nezikin in the Talmud .
130-752: In the Mishnah , this is the tenth and last tractate in Nezikin, the ninth tractate in the Babylonian Talmud , and the eighth in the Jerusalem Talmud . It consists of three chapters in the Mishnah and two in the Tosefta . The tractate mainly discusses laws pertaining to erroneous rulings by a Jewish court , as well as unwitting actions performed by leading authorities of the Jewish people, and
260-558: A "Middle Eastern origin of the Ashkenazi Levite lineage based on what was previously a relatively limited number of reported samples, can now be considered firmly validated", precising that a "rich variation of haplogroup R1a outside of Europe which is phylogenetically separate from the typically European R1a branches", referring to the R1a-Y2619 sub-clade. Having a last name of Levi or a related term does not necessarily mean
390-644: A Near or Middle Eastern origin for all Ashkenazi Levites, including the R1a Y-chromosome carriers, and refuted the Khazar hypothesis of Ashkenazi ancestry : Previous Y-chromosome studies have demonstrated that Ashkenazi Levites, members of a paternally inherited Jewish Levite caste, display a distinctive founder event within R1a, the most prevalent Y-chromosome haplogroup in Eastern Europe. Here we report
520-535: A bull as an offering for an unwitting sin. Still, the High Priest who is not anointed (referred to as the High Priest of multiple garments, because of his extended duties during the Yom Kippur rites) does not bring that bull-offering for unwitting sins. The Mishnah states that there are two differences between the High Priest currently serving in that position and a High Priest who is not in the active role: (1)
650-411: A bull only after he rules, and then acts on that mistaken ruling, in error, a case that parallels the sacrifice of a bull by the people at large: i.e., when the unwitting action was committed after a mistaken ruling was issued. The anointed priest does not bring an offering if his transgression was not based on a mistaken ruling. There is a discussion on the status of the anointed priest parallel to that on
780-643: A commoner; i.e., a female goat or ewe. The reason for this being that there was a corresponding center of power in Babylonia of the Exilarch , so Rabbi Yehuda HaNasi was not akin to a king, especially since Palestine was under the authority of Babylonia in the opinion attributed to Rabbi Hiyya (Hor.11b). Rav Safra thereon expounds upon the verse in Gen. 49:10 that in Babylonia the Exilarch had political authority (i.e.
910-510: A flask. The kings would be anointed by placing the oil around their head in a crown-like manner, but the priests would have the oil placed from their eyes to the head in the manner of the Greek letter Chi . There are several differences between the High Priest and the ordinary priest. In contrast to the ordinary priest, the High Priest is forbidden to marry a widow and is obligated to marry a virgin. The High Priest may not become ritually impure for
1040-456: A hypothetical case where one life should be saved with decisions (triage) based on title or rank, such that higher priests or administrators in the Temple should have their lives be saved first. Similarly, a triage of life based on hierarchy of class is categorized such that the order is from highest to lowest: Priest, Levite, Israelite, mamzer , Nethinim , convert, and lastly the slave. The slave
1170-409: A leper. The Bible (II Kings 15:5) states that he went to a house of freedom after he was removed from being king. Until then, the sages explain, he was a servant of the people. Similarly, Rabbi Yehoshua tells Rabban Gamliel on the boat about two great sages, Rabbi Elazar Hisma and Rabbi Yohanan ben Gudgeda, who though brilliant have no food nor garments. Rabban Gamliel sends for them to become servants of
1300-725: A number of demographic groups, reaching over 70% in West Bengal Brahmins in India and among the Mohani people in Sindh , Pakistan. Behar's data suggested a founding event, involving an 'introgression' of anywhere from one to fifty non-Jewish European men, occurring at a time close to the initial formation and settlement of the Ashkenazi community as a possible explanation. As Nebel, Behar and Goldstein speculate: although neither
1430-519: A number of different approaches. The main work discussing the Mishnah is the Talmud, as outlined . However, the Talmud is not usually viewed as a commentary on the Mishnah per se , because: the Talmud also has many other goals; its analysis — " Gemara " — often entails long, tangential discussions; and neither version of the Talmud covers the entire Mishnah (each covers about 50–70% of the text). As
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#17327835410331560-405: A person is a Levite, and many well-known Levites do not have such last names. Levitical status is passed down in families from father to child born from a Jewish mother, as part of a family's genealogical tradition. Tribal status of Levite is determined by patrilineal descent , so a child whose biological father is a Levite (in cases of adoption or artificial insemination, status is determined by
1690-543: A result, numerous commentaries-proper on the Mishna have been written, typically intended to allow for the study of the work without requiring direct reference to (and facility for) the Gemara . Mishnah study, independent of the Talmud, was a marginal phenomenon before the late 15th century. The few commentaries that had been published tended to be limited to the tractates not covered by the Talmud, while Maimonides' commentary
1820-536: A ruling was revisited, but the second ruling would not become popularly known. To correct this, Judah the Prince took up the redaction of the Mishnah. If a point was of no conflict, he kept its language; where there was conflict, he reordered the opinions and ruled, and he clarified where context was not given. The idea was not to use his discretion, but rather to examine the tradition as far back as he could, and only supplement as required. According to Rabbinic Judaism ,
1950-455: A section on mistaken rulings. Maimonides writes that we are all human and have the capacity for sin, and even the greatest of judges may issue mistaken rulings. Mishnah The Mishnah or the Mishna ( / ˈ m ɪ ʃ n ə / ; Hebrew : מִשְׁנָה , "study by repetition", from the verb shanah שנה , or "to study and review", also "secondary") is the first written collection of
2080-546: A similar number among Sephardic and Mizrahi Jews combined. The total percentage of Levites among the wider Jewish population is about 4%. Today, Levites in Orthodox Judaism continue to have additional rights and obligations compared to lay people, although these responsibilities have diminished with the destruction of the Temple . For instance, Kohanim are eligible to be called to the Torah first, followed by
2210-469: A sin offering by the people here and elsewhere. In contrast, the anointed priest and the Sanhedrin would bring a bull, as was mentioned previously. However, if the sin which was transgressed unwittingly after a mistaken ruling was a sin of idolatry, then the king would bring a female goat as a sin offering, as would the anointed priest and the regular individual. The Gemara proceeds to discuss the details of
2340-478: A source and a tool for creating laws, and the first of many books to complement the Tanakh in certain aspects. Before the publication of the Mishnah, Jewish scholarship and judgement were predominantly oral, as according to the Talmud, it was not permitted to write them down. The earliest recorded oral law may have been of the midrashic form, in which halakhic discussion is structured as exegetical commentary on
2470-580: A special sacrifice. The same conditions, that governed the case of an erroneous ruling of the court with regard to the practice of the community, governed also the erroneous decision of the anointed priest with regard to his own practice. The laws regarding the special sacrifice of the Leading Elder of the Sanhedrin , the Nasi , are also discussed in this chapter. In the cases of the anointed priest and
2600-614: A special tune for the Mishnaic passage "Bammeh madliqin" in the Friday night service ; there may also be tunes for Mishnaic passages in other parts of the liturgy, such as the passages in the daily prayers relating to sacrifices and incense and the paragraphs recited at the end of the Musaf service on Shabbat . Otherwise, there is often a customary intonation used in the study of Mishnah or Talmud, somewhat similar to an Arabic mawwal , but this
2730-556: A successful business or trip are recorded by Rabbi Ammi . It is noted there that some would seek to see their shadow in a dark space (or shadow of a shadow) to know if they would be successful on their business trip. This superstitious practice noted in Tractate Horayot was discussed by David Abudarham in Seville in the fourteenth century and in many commentaries discussing the augury of seeing shadows. Abudarham notes that on
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#17327835410332860-600: A time of flood, Not of water, but of a bright fire, which burns and turns Jewish life into ruin. We are now drowning in a flood of blood. ... Through the Kohanim and Levi'im help will come to all Israel." A 2003 study of the Y-chromosome by Behar et al. pointed to multiple origins for Ashkenazi Levites, who comprise approximately 4% among the Ashkenazi Jews. It found that Haplogroup R1a1a (R-M17), uncommon in
2990-429: A tradition that unattributed statements of the law represent the views of Rabbi Meir (Sanhedrin 86a), which supports the theory (recorded by 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
3120-485: Is a definite identification of a comet with an orbit of seventy years. Halley's Comet was seen in 66 CE when Rabban Gamaliel II and Rabbi Yehoshua, a.k.a. Joshua ben Hananiah , were beginning their careers as sages. Dr. Jeremy Brown has stated that it is "both self-evident and beyond question" that Rabbi Yehoshua should be credited as the first to describe the time frame for the comet known today as Halley's Comet. This first identification of Halley's Comet by Rabbi Yehoshua
3250-492: Is arranged in order of topics rather than in the form of a Biblical commentary. (In a very few cases, there is no scriptural source at all and the law is described as Halakha leMoshe miSinai , "law to Moses from Sinai".) The Midrash halakha , by contrast, while presenting similar laws, does so in the form of a Biblical commentary and explicitly links its conclusions to details in the Biblical text. These Midrashim often predate
3380-759: Is clear to all that he did not learn, he will not have anything to say. Then we will say to him: "Who can express the mighty acts of the Lord, shall make all His praises heard?" (Psalms 106:2), indicating: For whom is it becoming to express the mighty acts of the Lord? It is becoming for one capable of making all His praises heard, and not for one who does not know one of the tractates. We will remove him from his position as Nasi, and I will be deputy Nasi and you will be Nasi. Rabbi Ya'akov ben Korshei heard Rabbi Meir and Rabbi Natan plotting to ask Rabban Shimon ben Gamliel to teach Uktzim. He proceeded to sabotage their plan by reciting Uktzim to Rabbi Shimon ben Gamliel so that he would know
3510-462: Is considered as a congregation, after the verse "And Jehoshaphat stood in the congregation." However, the bull that atones for the communal transgression is only brought when the majority of tribes or the majority of Israel's population err and follow a mistaken ruling. Twelve bulls are offered at the Temple for a sin of the entire people, but for the sin of idol worship, twelve bulls and twelve goats are sacrificed. The Gemara proceeds to further limit
3640-435: Is divided into chapters ( peraqim , singular pereq ) and then paragraphs ( mishnayot , singular mishnah ). In this last context, the word mishnah means a single paragraph of the work, i.e. the smallest unit of structure, leading to the use of the plural, " Mishnayot ", for the whole work. Because of the division into six orders, the Mishnah is sometimes called Shas (an acronym for Shisha Sedarim –
3770-401: Is last because of the curse of Ham . However, the overriding caveat to this discussion was already provided by the Mishnah. This triage based on class hierarchy is only applicable if they are of equal wisdom, but a wise mamzer precedes others of higher social rank. Chapter 3 of Horayot, unlike the previous two chapters, includes narrative stories about the sages, or Aggada . Horayot 10a tells
3900-613: Is likewise noted by R. Patai in The Children of Noah: Jewish Seafaring in Ancient Times (Princeton University Press 1998) and I. A. Ben Yosef in his monograph "The Concept of Nature in Classical Judaism". That story was cited in the Talmud to exemplify what it means for a leader to be a servant of the people. The sages had told the story of King Uzziah who was removed from his position of kingship after becoming
4030-630: Is not reduced to a precise system like that for the Biblical books. (In some traditions this intonation is the same as or similar to that used for the Passover Haggadah .) Recordings have been made for Israeli national archives, and Frank Alvarez-Pereyre has published a book-length study of the Syrian tradition of Mishnah reading on the basis of these recordings. Most vowelized editions of the Mishnah today reflect standard Ashkenazic vowelization, and often contain mistakes. The Albeck edition of
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4160-447: Is often used in a narrower sense to mean traditions concerning the editing and reading of the Biblical text (see Masoretic Text ). The resulting Jewish law and custom is called halakha . While most discussions in the Mishnah concern the correct way to carry out laws recorded in the Torah, it usually presents its conclusions without explicitly linking them to any scriptural passage, though scriptural quotations do occur. For this reason it
4290-458: Is printed with tractate Avodah Zarah . The Gemara is mainly devoted to interpreting the laws of the Mishnah dealing with sacrifices for unintentional sin, with a few aggadic digressions in the third chapter. The commentary attributed to Rashi is more profuse here than in other parts of the Talmud. There is reason to believe that this commentary on Horayot attributed to Rashi was composed by the school of Rabbeinu Gershom . The Tosafot published in
4420-407: Is that King Josiah had hidden away the anointing oil of Moses and Aaron, together with the manna and Aaron's rod with its almonds and blossoms. Horayot 12a discusses augury and acceptable predictors of the future. Abaye notes the tradition of eating certain foods on Rosh Hashana—such as squash, fenugreek, leeks, beets, and dates—that are foods of a good omen. Superstitious practices for ensuring
4550-475: Is that of a male goat, in contrast to the female goat or ewe brought by the common person, and this is true even if the sin took place before he became king. When an apostate sins unwittingly, he does not bring a sin offering. The sages seek to define the parameters of apostasy in the context of sins of pleasure contrasted with sins to anger. The chapter also discusses personal status of individuals in comparison to figures who have status accorded to them on account of
4680-574: The Gibeonites ), proselytes, and then freed slaves. However, the Mishnah then states that this prioritization is overridden by one's level of scholarship or piety: "This is only when all other things are equal, but in the case of an ignorant priest and a scholar who is an illegitimate mamzer, the latter must precede the priest in all honors". The Tractate Horayot in the Babylonian Talmud consists of only fourteen pages. In many editions, it
4810-697: The House of Shammai and the House of Hillel . After the First Jewish–Roman War in 70 CE, with the end of the Second Temple Jewish center in Jerusalem, Jewish social and legal norms were in upheaval. 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. It is during this period that Rabbinic discourse began to be recorded in writing. The possibility
4940-585: The Israelites into the land of Canaan ( Joshua 13:33 ), the Sons of Levi were the only Israelite tribe that received cities but were not allowed to be landowners "because the Lord the God of Israel Himself is their inheritance" ( Deuteronomy 18:2 ). In modern times, Levites are integrated in Jewish communities, but keep a distinct status. There are estimated 300,000 Levites among Ashkenazi Jewish communities, and
5070-464: The Torah , with the oldest surviving material dating to the 6th to 7th centuries CE. Rabbis expounded on and debated the Tanakh without the benefit of written works (other than the Biblical books themselves), though some may have made private notes ( מגילות סתרים ) for example of court decisions. The oral traditions were far from monolithic, and varied among various schools, the most famous of which were
5200-558: The Tribe of Levi . The Tribe of Levi descended from Levi , the third son of Jacob and Leah . The surname Halevi , which consists of the Hebrew definite article " ה " Ha- ('the') plus Levi ('Levite'), is not conclusive regarding being a Levite; a titular use of HaLevi indicates being a Levite. The daughter of a Levite is a Bat Levi ( Bat being Hebrew for 'daughter'). The Tribe of Levi served particular religious duties for
5330-590: The Vilna Edition Shas occur only in the first two chapters, the style and method, mainly of an interpretive nature, being very different from those of the Tosafot in other books. In the Vilna edition, besides the commentary of Rabbeinu Hananel , there is a commentary called Tosafot HaRosh , attributed to Asher ben Jehiel . The earliest printed editions of the Babylonian Talmud, from Venice forward, include
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5460-587: The biblical Aaron of the Tribe of Levi . The origins of the name/term "Levy" in Hebrew remain unclear. Some hypotheses link this name with the Hebrew root lwh , the Aramaic root lwy , or the Arabic root lwy . The noun kohen is used in the Torah to refer to priests , both Israelite and non-Israelite, such as the Israelite nation as a whole, as well as the priests (Hebrew kohanim ) of Baal . During
5590-424: The mitzvah of burial of a close relative. The High Priest tears his garments in mourning differently than the ordinary priest. The High Priest participates in bringing Temple offerings, even if this were to be immediately after the death of a close relative, i.e. during the time of aninut . The Gemara (12b) proceeds to explicate an argument between Rav ( Abba Arikha ) and Shmuel ( Samuel of Nehardea ) regarding how
5720-405: 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. Very roughly, there are two traditions of Mishnah text. One is found in manuscripts and printed editions of the Mishnah on its own, or as part of the Jerusalem Talmud . The other is found in manuscripts and editions of
5850-407: The "six orders"), although that term is more often used for the Talmud as a whole. The six orders are: The acronym "Z'MaN NaKaT" is a popular mnemonic for these orders. In each order (with the exception of Zeraim), tractates are arranged from biggest (in number of chapters) to smallest. The Babylonian Talmud ( Hagiga 14a ) states that there were either six hundred or seven hundred orders of
5980-541: The Babylonian Talmud ; though there is sometimes a difference between the text of a whole paragraph printed at the beginning of a discussion (which may be edited to conform with the text of the Mishnah-only editions) and the line-by-line citations in the course of the discussion. Robert Brody, in his Mishna and Tosefta Studies (Jerusalem 2014), warns against over-simplifying the picture by assuming that
6110-475: The Biblical laws, which was much needed since the destruction of the Second Temple in 70 CE . The Mishnah is thus a collection of existing traditions rather than new law. The term "Mishnah" is related to the verb "to teach, repeat", and to adjectives meaning "second". It is thus named for being both the one written authority (codex) secondary (only) to the Tanakh as a basis for the passing of judgment,
6240-406: The High Priest tears his garment in an expression of mourning in accordance with the Mishnah. Rav says that the High Priest tears the cloth at the bottom edge of the garment, but Shmuel says he tears from below the neckline. The Gemara explicates that the position of Shmuel is partially in accord with that expressed by Rav Yehuda ( Judah bar Ilai ). Rav Yehuda believes that any tear that does not break
6370-597: The House of Israel. ("A first-born son washes the Kohen's hands if there is no Levite". ) In Orthodox Judaism, children of a Bat Levi, like those of a Bat-Kohen , regardless of the child's father's tribe or the mother's marital status, retain the traditional exemption for their children from the requirement of being redeemed through the Pidyon HaBen . Conservative Judaism permits a Bat Levi to perform essentially all
6500-659: The Israelites and had political (administering cities of refuge) and educational responsibilities as well. In return, the landed tribes were expected to support the Levites with a tithe ( Numbers 18:21–25 ), particularly the tithe known as the First tithe , ma'aser rishon . The Kohanim , a subset of the Levites, were the priests, who performed the work of holiness in the Temple. The Levites, referring to those who were not Kohanim, were specifically assigned to: When Joshua led
6630-534: The Jewish oral traditions that are known as the Oral Torah . It is also the first work of rabbinic literature , with the oldest surviving material dating to the 6th to 7th centuries BCE. The Mishnah was redacted by Judah ha-Nasi probably in Beit Shearim or Sepphoris between the ending of the second century CE and the beginning of the third century in a time when the persecution of Jews and
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#17327835410336760-665: The Jewish People in the Period of the Second Temple and the Talmud, Volume 3 The Literature of the Sages: First Part: Oral Tora, Halakha, Mishna, Tosefta, Talmud, External Tractates. Compendia Rerum Iudaicarum ad Novum Testamentum , Ed. Shmuel Safrai, Brill, 1987, ISBN 9004275134 The first printed edition of the Mishnah was published in Naples . There have been many subsequent editions, including
6890-557: The Jewish revolt against the Seleucid Empire (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, Judah would not have discussed this. David Zvi Hoffmann suggests that there existed ancient texts analogous to
7020-520: The Levites. Levites also provide assistance to the Kohanim , particularly washing their hands, before the Kohanim recite the Priestly Blessing . Since Levites (and Kohanim) are traditionally pledged to Divine service, there is no Pidyon HaBen (redemption of the firstborn) ceremony for: Orthodox Judaism believes in the eventual rebuilding of a Temple in Jerusalem and a resumption of
7150-539: The Levitical role. A small number of schools, primarily in Israel , train priests and Levites in their respective roles. Conservative Judaism —which believes in a restoration of the Temple as a house of worship and in some special role for Levites, although not the ancient sacrificial system as previously practised—recognizes Levites as having special status. Not all Conservative congregations call Kohanim and Levites to
7280-583: The M582 lineage also occurs at low frequencies in non-Ashkenazi Jewish populations. In contrast to the previously suggested Eastern European origin for Ashkenazi Levites, the current data are indicative of a geographic source of the Levite founder lineage in the Near East and its likely presence among pre-Diaspora Hebrews. In a later 2017 study Behar et al. revised their initially mitigated position, concluding that
7410-603: The Middle East or among Sephardic Jews , is present in over 50% of Ashkenazi Levites, while the rest of Ashkenazi Levites' paternal lineage is of certain Middle Eastern origin, including Y-chromosome haplogroups E3b, J2, F, R1b, K, I, Q, N and L. Haplogroup R1a1a is found at the highest levels among people of Eastern European descent, with 50 to 65% among Sorbs , Poles , Russians , and Ukrainians . In South Asia , R1a1a has often been observed with high frequency in
7540-463: The Mishnah in its original structure, together with the associated Gemara , are known as Talmuds . Two Talmuds were compiled, the Babylonian Talmud (to which the term "Talmud" normally refers) and the Jerusalem Talmud , with the oldest surviving Talmudic manuscripts dating to the 8th century CE. Unlike the Hebrew Mishnah, the Gemara is written primarily in Aramaic. The Mishnah teaches
7670-710: 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. Both the Mishnah and Talmud contain little serious biographical studies of the people discussed therein, and the same tractate will conflate
7800-417: The Mishnah was vocalized by Hanoch Yelon , 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 Yelon detailing his eclectic method. Two institutes at the Hebrew University in Jerusalem have collected major oral archives which hold extensive recordings of Jews chanting
7930-459: The Mishnah-only tradition is always the more authentic, or that it represents a "Palestinian" as against a "Babylonian" tradition. Manuscripts from the Cairo Geniza , or citations in other works, may support either type of reading or other readings altogether. Complete manuscripts (mss.) bolded . The earliest extant material witness to rabbinic literature of any kind is dating to the 6th–7th centuries CE, see Mosaic of Rehob . The Literature of
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#17327835410338060-409: The Mishnah. The Mishnah also quotes the Torah for principles not associated with law , but just as practical advice, even at times for humor or as guidance for understanding historical debates. Some Jews do not accept the codification of the oral law at all. Karaite Judaism , for example, recognises only the Tanakh as authoritative in Halakha (Jewish religious law ) and theology . It rejects
8190-401: The Mishnah. The Mishnah was divided into six thematic sections by its author, Judah HaNasi. 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
8320-475: The NRY haplogroup composition of the majority of Ashkenazi Jews nor the microsatellite haplotype composition of the R1a1 haplogroup within Ashkenazi Levites is consistent with a major Khazar or other European origin, as has been speculated by some authors (Baron 1957; Dunlop 1967; Ben-Sasson 1976; Keys 1999), one cannot rule out the important contribution of a single or a few founders among contemporary Ashkenazi Levites." A 2013 paper by Siiri Rootsi et al. confirmed
8450-416: The Nasi, whose tenure of office is temporary, a question might arise about the kind of sacrifice they must bring for sins committed before entering their offices or after leaving them. If the sin was committed before they assumed office, they were considered private individuals. If the sin was committed after they left their offices, the Nasi was regarded as an individual, while the status of the anointed priest
8580-469: The Oral Torah ( Hebrew : תורה שבעל-פה ) was given to Moses with the Torah at Mount Sinai or Mount Horeb as an exposition to the latter. The accumulated traditions of the Oral Law, expounded by scholars in each generation from Moses onward, is considered as the necessary basis for the interpretation, and often for the reading, of the Written Law. Jews sometimes refer to this as the Masorah (Hebrew: מסורה ), roughly translated as tradition, though that word
8710-477: The Order of Kodashim ( holies ). In fact, Maimonides codifies the laws of Horayot in his Mishneh Torah in Sefer Korbanot, Hilkhot Shegagot or under the laws of Unintentional Sacrificial Offerings. Maimonides explains that the reason for the compilers of the Mishnah deciding on placing Horayot last in the Order of Nezikin was that after they dealt with torts and the laws of capital punishment, and then with ethics in Pirkei Avot , they felt it necessary to include
8840-402: The Prince recorded the Mishnah in writing or established it as an oral text for memorisation. The most important early account of its composition, the Iggeret Rav Sherira Gaon (Epistle of Rabbi Sherira Gaon) is ambiguous on the point, although 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
8970-615: The Prince 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 Hoffmann suggests that Mishnah Rishonah actually refers to texts from earlier Sages upon which Rebbi based his Mishnah. The Talmud records
9100-489: The Sanhedrin. Rav Pappa teaches that the case in question is one in which the anointed priest was a distinguished Torah scholar with the same authority to issue rulings as the Sanhedrin. The anointed priest does not bring a provisional guilt offering in cases of doubt with regard to his transgression. Within the category of the sin offering, there is a subcategory of "sliding-scale offerings" that individuals bring based on their financial standing. The anointed priest does bring
9230-402: The Talmud Yerushalmi and the Talmud Bavli, and in variances of medieval manuscripts and early editions of the Mishnah. The best known examples of these differences is found in J.N.Epstein's Introduction to the Text of the Mishnah (1948). Epstein has also concluded that the period of the Amoraim was one of further deliberate changes to the text of the Mishnah, which he views as attempts to return
9360-678: The Talmudic discussion that follows, the conclusion is drawn that experts in Halakha are obligated to weigh their internal truth and autonomous decision before acting on halakhic matters. As one modern writer notes, the "inner truth" of Halakha takes precedence over a court's instructions, especially when the court's instructions require one to transgress against Halakha. The Mishnah calls for experts on Halakha to be independent in reaching halakhic conclusions. The Gemara rules that each tribe in Israel
9490-470: The Torah also mentions community offerings. The sages understand the second passage in Numbers to be referencing the sin of unintentional idolatry committed by the congregation. Maimonides sums up the conditions necessary for the bringing of such a sacrifice, the conditions being found in the first and second chapters, as follows: (1) the head of the Sanhedrin and all its members must have been present when
9620-555: The Vilna edition, the text cited line by line in the Gemara 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. The Mishnah
9750-436: The accepted law. There are also references to the "Mishnah of Rabbi Akiva ", suggesting a still earlier collection; on the other hand, these references may simply mean his teachings in general. Another possibility is that Rabbi Akiva and Rabbi Meir established the divisions and order of subjects in the Mishnah, making them the authors of a school curriculum rather than of a book. Authorities are divided on whether Rabbi Judah
9880-512: The analysis of 16 whole R1 sequences and show that a set of 19 unique nucleotide substitutions defines the Ashkenazi R1a lineage. While our survey of one of these, M582, in 2,834 R1a samples reveals its absence in 922 Eastern Europeans, we show it is present in all sampled R1a Ashkenazi Levites, as well as in 33.8% of other R1a Ashkenazi Jewish males and 5.9% of 303 R1a Near Eastern males, where it shows considerably higher diversity. Moreover,
10010-527: The basis of the Sephardic tradition for recitation. 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
10140-628: The beginning of the 3rd century CE. Modern authors who have provided examples of these changes include J.N. Epstein and S. Friedman. Following Judah the Prince's redaction there remained a number of different versions of the Mishnah in circulation. The Mishnah used in the Babylonian rabbinic community differing markedly from that used in the Palestinian one. Indeed within these rabbinic communities themselves there are indications of different versions being used for study. These differences are shown in divergent citations of individual Mishnah passages in
10270-475: The cases in which a court would bring a bull that atones for communal transgression. The only times when the bull is offered to atone for communal transgression is when the entire congregation sinned based on a court ruling on a detail of mitzvah prohibited in the Torah; i.e., no bull would be brought if the court annulled an entire negative prohibition and the congregation blindly followed them. Likewise, no bull atoning for communal transgression would be brought if
10400-439: The central role he saw for Priests and Levites in terms of Jewish and world responses, in worship, liturgy, and teshuva , repentance. In The Priests and the Levites (1940), he stressed that members of these groups exist in the realm between history (below) and redemption (above), and must act in a unique way to help move others to prayer and action, and help bring an end to suffering. He wrote, "Today, we also are living through
10530-416: The codification of the Oral Torah in the Mishnah and Talmud and subsequent works of mainstream Rabbinic Judaism which maintain that the Talmud is an authoritative interpretation of the Torah . Karaites maintain that all of the divine commandments handed down to Moses by God were recorded in the written Torah without additional Oral Law or explanation. As a result, Karaite Jews do not accept as binding
10660-534: The court rules on a matter so obvious that even the most straightforward reading of the Hebrew Bible would lead one to realize that the court is mistaken. In the language of the Talmud, if the matter is such that even the Sadducees acknowledge it is a prohibited mitzvah in the Torah, no bull would be brought in such a case of communal transgression following a court's unwitting ruling. Chapter two begins with
10790-458: The court was mistaken in its ruling, should not follow a misguided ruling of the court and perform a forbidden action. This applies to an individual who has a great understanding of Halakha. However, an individual who is not an expert and does not know that the court's ruling was indeed misguided would be exempt from punishment were that person to transgress against a commandment by following the court's incorrect ruling. From this first Mishnah, and
10920-460: The decision was rendered; (2) every one of them must have been fully qualified to serve as a member of that body; (3) the decision must have been passed by a unanimous vote; (4) the error must concern a Biblical law; (5) at least a majority of the people must have followed the decision in practice; (6) those who followed the decision in practice must have been unaware of the mistake, and must have supposed that they were acting in accordance with law; (7)
11050-410: The discussion about priority or precedence when saving a life or rescuing an individual from captivity. The principal is stated that, "A Torah scholar precedes the king of Israel because in the case of a sage who dies we would have no one like him, but in the case of a king of Israel who dies, all of Israel are fit for royalty." This overriding condition aside, the Talmud quantifies the priority of life in
11180-412: The error must have been due merely to ignorance of a matter of detail, and not to ignorance of the existence of the whole Biblical law in question. Unless these conditions are present, every one of those who have acted in accordance with the erroneous enactment must bring an individual offering. The anointed priest who had interpreted a Biblical law erroneously, and acted accordingly, was required to bring
11310-507: The existence of the Temple in Jerusalem , Kohanim performed the daily and holiday ( Yom Tov ) duties of sacrificial offerings . Today kohanim retain a lesser though somewhat distinct status within Judaism , and are bound by additional restrictions according to Orthodox Judaism . During the Priestly Blessing , the Levites traditionally wash the hands of the Kohanim prior to the blessing of
11440-435: The first and second centuries CE. Judah ha-Nasi is credited with the final redaction and publication of the Mishnah, although there have been a few additions since his time: those passages that cite him or his grandson ( Judah II ), and the end of tractate Sotah (which refers to the period after Judah's death). In addition to redacting the Mishnah, Judah and his court also ruled on which opinions should be followed, although
11570-405: The first and second reading of the Torah , and many no longer perform rituals such as the Priestly Blessing and Pidyon HaBen in which Kohanim and Levites have a special role. Reconstructionist and Reform Judaism do not observe distinctions between Kohanim, Levites, and other Jews . The Kohanim are traditionally believed and halachically required to be of direct patrilineal descent from
11700-408: The genetic father), is also considered a Levite. Jewish status is determined by matrilineal descent, thus conferring levitical status onto children requires both biological parents to be Israelites and the biological father to be a Levite. Accordingly, there is currently no branch of Judaism that regards levitical status as conferrable by matrilineal descent. It is either conferrable patrilineally with
11830-481: The hall. Rabbi Yosei asked the other sages, "How is it that the Torah is outside (the study hall) and we are inside?" The Nasi, Rabban Shimon ben Gamliel, admitted them but censured them by erasing their names from their teachings, such that Rabbi Meir's teachings were recorded as being taught by "Others" and Rabbi Natan's teachings were recorded as taught by "Some say" (Hor. 13b). The topics of Horayot, relating largely to sacrificial offerings, may seem to fit well within
11960-535: The kings are explained, including the history of the practice (in Horayot 11b-12a), and also in the Jerusalem Talmud (in Horayot 3:4, 47c). The sages describe how anointing oil was made only one time in history by Moses (Ex.30:31-33). The original amount that Moses prepared was used by Aaron and his descendants until it was hidden by Josiah. The High Priest and the "priest anointed for war" (Deut. 20:2) were
12090-842: The late 19th century Vilna edition, which is the basis of the editions now used by the religious public. Vocalized editions were published in Italy, culminating in the edition of David ben Solomon Altaras , publ. Venice 1737. The Altaras edition was republished in Mantua in 1777, in Pisa in 1797 and 1810 and in Livorno in many editions from 1823 until 1936: reprints of the vocalized Livorno editions were published in Israel in 1913, 1962, 1968 and 1976. These editions show some textual variants by bracketing doubtful words and passages, though they do not attempt detailed textual criticism. The Livorno editions are
12220-472: The laws of conversion to Judaism . These were later discussed in the minor tractates . Nissim ben Jacob 's Hakdamah Le'mafteach Hatalmud argued that it was unnecessary for "Judah the Prince" to discuss them as many of these laws were so well known. Margolies suggests that as the Mishnah was redacted after the Bar Kokhba revolt , Judah could not have included discussion of Hanukkah, which commemorates
12350-421: The neckline is worthless, but Rav Yehuda also believes that the High Priest should not tear anything at all. Shmuel's position, however, is that it is not a legally binding tear for the High Priest to rip a garment from below the neckline without rending the neckline. Still, the tear itself, minor as it is, shows that the High Priest is experiencing grief after the passing of his relatives. The Talmud next explicates
12480-407: The night of Hoshana Rabba people would walk out naked in the dark covered only in a cloth to see if they could see the shadow of their head. He cites this passage from Horayot 12a as a text arguing that the practice was not legitimate. The conclusion of Horayot deals with precedence in sacrifices and prioritizes the life of the learned sage above all else. In this context the gemara informs us that it
12610-515: The office they hold or their lineage. Other concepts raised by the sages in chapter 3 include "a transgression for the sake of heaven". " Rav Nachman bar Yitzchak says: A transgression performed for the sake of Heaven is greater than a mitzva performed not for its own sake, as it is stated: 'Blessed above women shall be Yael , the wife of Heber the Kenite, above women in the tent shall she be blessed' (Judges 5:24)." The laws regarding anointing oil for
12740-561: The only priests anointed with that special oil. The High Priest and the anointed priest were anointed with sacred oil during the First Temple, but the high priests who came afterward, in the Second Temple, relied on a different oil. Moses prepared sacred oil for the High Priest for the kings from the Davidic line in the First Temple, but Davidic kings whose succession to the monarchy was unquestioned were not anointed. After King Josiah hid
12870-545: The oral traditions by example, presenting actual cases being brought to judgment, usually along with (i) the debate on the matter, and (ii) the judgment that was given by a notable rabbi based on halakha , mitzvot , and spirit of the teaching ("Torah") that guided his decision. In this way, the Mishnah brings to everyday reality the practice of the 613 Commandments presented in the Torah and aims to cover all aspects of human living, serve as an example for future judgments, and, most important, demonstrate pragmatic exercise of
13000-545: The order of the Bible. As a written compilation, the order of the Mishnah is by subject matter and includes a much broader selection of halakhic subjects and discusses individual subjects more thoroughly than the Midrash . The Mishnah consists of six orders ( sedarim , singular seder סדר ), each containing 7–12 tractates ( masechtot , singular masechet מסכת ; lit. "web"), 63 in total. Each masechet
13130-406: The original anointing oil, a balsamic oil recipe was used during the Second Temple. The sages state that, "One anoints the kings only upon a spring", as an omen so that their rule will be drawn out in time like water flowing from a spring. This is derived from the story of the anointing of Solomon (I Kings 1:33-34). The anointing oil for David and his descendants was done from a horn, but for Saul from
13260-694: The passage of time raised the possibility that the details of the oral traditions of the Pharisees from the Second Temple period (516 BCE – 70 CE) would be forgotten. Most of the Mishnah is written in Mishnaic Hebrew , but some parts are in Jewish Western Aramaic . The term " Mishnah " originally referred to a method of teaching by presenting topics in a systematic order, as contrasted with Midrash , which followed
13390-515: The people (Hor 10b). Another story in the third chapter informs us of the bifurcation of powers in Jewish life in Palestine and Babylonia. Rabbi Judah ha-Nasi asks his colleague if he were to sin as the Nasi, or Patriarch in Palestine, would he be liable to bring a male goat as a sin offering in the same manner a king should. Rabbi Hiyya, Hiyya bar Abba , responds that the offering would be that of
13520-410: The people", as teaching that the anointed priest and the king bring a sacrifice due to their unwitting actions similar to that required to expiate the "guilt upon the people". This means that just as in the case of the people at large, who bring a sacrifice after transgressing due to mistaken rulings, so likewise is it in the case of the anointed priest and the king. The High Priest brings the sacrifice of
13650-484: The points of view of many different people. Yet, sketchy biographies of the Mishnaic sages can often be constructed with historical detail from Talmudic and Midrashic sources. According to the Encyclopaedia Judaica (Second Edition), it is accepted that Judah the Prince added, deleted, and rewrote his source material during the process of redacting the Mishnah between the ending of the second century and
13780-413: The preceding conversation: that of the bull of the anointed priest, the bull of the congregation, and the bull for an unwitting communal sin, and for idol worship. The principle that all sin offerings should precede burnt offerings is established. Likewise, it is taught that the goat sacrifice for idol worship precedes the goat of the king, because the communal precedes the individual. The Talmud continues
13910-517: 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. Rabbinic commentary, debate and analysis on the Mishnah from the next four centuries, done in the Land of Israel and in Babylonia , were eventually redacted and compiled as well. In themselves they are known as Gemara . The books which set out
14040-519: The provisional guilt offering, which the Mishnah states does not apply to the Sanhedrin or the anointed priest, but does apply to the individual and the Nasi. Chapter 3 opens with a discussion of the responsibility of the High Priest and the King for committing sins, with the question being whether those figures would be responsible to atone for transgressions committed prior to attaining the office and similar matters. The king's sacrifice for an unwitting sin
14170-427: The provisional guilt-offering in cases where an individual would. The Mishnah teaches that for offerings in which the penalty is kareth for intentional violation, the individual brings a sacrifice if he transgressed unwittingly. In this specific case of unwitting transgression, the Nasi (king) should bring a male goat, and not the female goat, ( Hebrew : seira ), or ewe ( Hebrew : kivsa ) that would be brought as
14300-488: The rituals a male Levi would perform, including being called to the Torah for the Levite aliyah in those Conservative synagogues which have both retained traditional tribal roles and modified traditional gender roles. In Israel, Conservative/Masorti Judaism has not extended Torah honors either to a bat Kohen or to a bat Levi. In 1938, with the outbreak of violence that would come to be known as Kristallnacht , American Orthodox rabbi Menachem HaKohen Risikoff wrote about
14430-417: The rulings do not always appear in the text. Most of the Mishnah is related without attribution ( stam ). This usually indicates that many sages taught so, or that Judah the Prince 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 ( Hebrew : חכמים , hachamim ) is given separately. As Judah
14560-443: The sacrificial offerings (Hebrew korban , plural korbanot ) that might be brought as a consequence of these actions. The conclusion of the tractate (12a-13b) deals with the prioritization of korbanot in the temple and explores the question of how to quantify human life in emergencies. The Mishnah of Horayot is the final work of Nezikin. It contains three chapters. There are twenty paragraphs of Mishnah, or twenty Mishnayot , within
14690-495: The scepter) but in Palestine they had religious authority (scribal staff). The sages proceed to discuss various legends regarding the anointing oil of the High Priest in the Bible and the First Temple Kings of Judah and Israel. Rav Pappa states that they used balsam oil, or balm of Gilead , for the kings of Israel and for King Jehoahaz of Judah . The reason why they used balsamic oil for the anointing of King Jehoahaz
14820-434: The serving High Priest brings the bull-offering on Yom Kippur, and (2) the daily gift offering of flour is prepared by the serving High Priest. The Mishnah begins prioritizing the distribution of charity money or lost objects to people based on their gender or title. The Mishnah ranks people from priests to slaves in terms of priority—priests, Levites , Israelites, illegitimate mamzers , Nethinim (the alleged descendants of
14950-435: The statement in the Mishnah that "Any mitzvah that is more frequent than another mitzvah precedes that other mitzvah" when the fulfillment of two commandments may occur simultaneously. The Talmud explains that the source for this is from the verse (Numbers 28:23), "Beside the burnt offering of the morning, which is for a daily burnt-offering." A baraita of the sages is then cited that orders the priority of those sacrifices from
15080-463: The story of Rabbi Gamliel and Rabbi Yehoshua on a boat journey. The story has been cited as the first reference to Halley's Comet as a periodic event in world literature. The story is told that: Rabban Gamliel and Rabbi Yehoshua were travelling together on a ship. Rabban Gamliel had sufficient bread for the journey. Rabbi Yehoshua also had sufficient bread, and additionally he had flour. The journey lasted longer than expected, and Rabban Gamliel's bread
15210-452: The study hall, they saw that the people did not stand before them as the matter was typically done. They said: What is this? The people said to them: This is what Rabban Shimon ben Gamliel instituted. Rabbi Meir said to Rabbi Natan: I am the Ḥakham and you are the deputy Nasi. Let us devise a matter and do to him as he did to us. What shall we do to him? Let us say to him: Reveal to us tractate Okatzim, Uktzim which he does not know. And once it
15340-698: The text to what was regarded as its original form. These lessened over time, as the text of the Mishnah became more and more regarded as authoritative. 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
15470-472: The three chapters. These chapters deal with the verses in the Torah (Leviticus 4) that specify different procedures for the sin offering brought by a private individual, an anointed priest, a nasi , and an entire community. The "community's" offering is understood to be that which is brought when the community has followed an erroneous ruling by the higher court. In addition to the discussion in Leviticus 4,
15600-503: The tractate. The next day when Meir and Natan entered the study hall, the Nasi was already well versed in Uktzim and taught it in the study hall when they asked him to recite. In response to their plot, the Nasi blocked the two conspirators from entering the place of study. The two figures, Natan and Meir, continued to direct the conversation within the study hall even while they were blocked from entering, by means of throwing little notes into
15730-653: The words "The Rulings of the Anointed Priest". The chapter deals with the sacrificial offerings required by unwitting sin. The Gemara clarifies that a sin offering ( korban ḥatat , IPA: [χaˈtat] ) would be brought either by the High Priest or by the king, who is called the Nasi in Leviticus. In Leviticus, the High Priest and the Nasi, in particular, brought special sacrifices in Leviticus 4:9 and 4:23, apparently because their errors caused harm to their people. The Gemara understands Leviticus 4:3, "guilt upon
15860-483: The writings of the Jerusalem Talmud on Horayot at the end of the printing. This was done because the printers could not find extensive Tosafot on Horayot. Revisions or minor edits to the text of Horayot were done for each printed edition. The first Mishnah discusses the authority of the sages and the responsibility to act autonomously and not follow a misguided ruling. A sage who is an expert in Halakha and knows that
15990-569: The written collections of the oral tradition in the Midrash or Talmud. The Karaites comprised a significant portion of the world Jewish population in the 10th and 11th centuries CE, and remain extant, although they currently number in the thousands. The rabbis who contributed to the Mishnah are known as the Tannaim , of whom approximately 120 are known. The period during which the Mishnah was assembled spanned about 130 years, or five generations, in
16120-480: Was and still is traditionally studied through recitation (out loud). Jewish communities around the world preserved local melodies for chanting the Mishnah, and distinctive ways of pronouncing its words. Many medieval manuscripts of the Mishnah are vowelized, and some of these, especially some fragments found in the Genizah , are partially annotated with Tiberian cantillation marks. Today, many communities have
16250-563: Was felt that the details of the oral traditions of the Pharisees from the Second Temple period (530s BCE / 3230s AM – 70 CE/ 3830 AM) would be forgotten, so the justification was found to have these oral laws transcribed. Over time, different traditions of the Oral Law came into being, raising problems of interpretation. According to the Mevo Hatalmud , many rulings were given in a specific context but would be taken out of it, or
16380-487: Was finished. He relied on Rabbi Yehoshua's flour for nourishment. Rabban Gamliel said to Rabbi Yehoshua: Did you know from the outset that we would have so substantial a delay? Is that the reason that you brought flour with you? Rabbi Yehoshua said to Rabban Gamliel: There is one star that rises once in seventy years and misleads sailors at sea, causing their journeys to be extended. And I said: perhaps that star will rise during our journey and mislead us. That story from Horayot
16510-407: Was originally part of Sanhedrin , and Bava Kamma (literally: "First Portal"), Bava Metzia ("Middle Portal") and Bava Batra ("Final Portal") are often regarded as subdivisions of one enormous tractate, titled simply Nezikin.) A number of important laws are not elaborated upon in the Mishnah. These include the laws of tzitzit , tefillin (phylacteries), mezuzot , the holiday of Hanukkah , and
16640-469: Was the custom to rise in the study hall at the entrance of the sages bearing the title of Nasi, Hakham, and deputy Nasi. Rabban Shimon ben Gamliel was the Nasi at that time and thought there should be distinctions made in the practice of standing for him and those of lower rank to him, namely Rav Meir and Rav Natan. That day, when Rabban Shimon ben Gamliel instituted these provisions, Rabbi Meir and Rabbi Natan were not there. The following day when they came to
16770-409: Was unchanged. The Mishnah (10a) states that the Nasi is considered the king, deriving this from the verse in Leviticus 4:22, that "all the commandments of the Lord his God." This verse must refer to the king, who alone has only God above him. The Mishnah clarifies the meaning of the Hebrew word Mashiach , anointed one or messiah, in the context of the high priesthood. The "anointed priest" must bring
16900-656: Was written in Judeo-Arabic and thus inaccessible to many Jewish communities. Dedicated Mishnah study grew vastly in popularity beginning in the late 16th century, due to the kabbalistic emphasis on Mishnah study and as a reaction against the methods of pilpul ; it was aided by the spread of Bertinoro's accessible Hebrew Mishnah commentary around this time. Commentaries by Rishonim : Levites Levites ( / ˈ l iː v aɪ t / LEE -vyte ; Hebrew : לְוִיִּם , romanized : Lǝvīyyīm ) or Levi are Jewish males who claim patrilineal descent from
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