New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-05
The Taimnd.

WIlbl0lIs WndL "CUAbullSs uAV llpl WY
well or generally known. 1t is the
purpose of this paper to state briefly
some facts on these points gathered
from a recent article in the Quarterly
Reuielc. written by Emanuel Deutseh,s
of the British Museum, great linguist
and scholar. 'itV r-a
The Babylonian Talmud, as it now
exists, was written some time near
the close of the fifth century after
Christ, the Jerusalem Talmud having
been produced in its present shape
about a century earlier. The former
is about four times as large as the lat
ter. But the Talmud is much older
than the date of its reduction to
writing, as its origin is coeval with the
return from the Babylonish captivity.
1t is not the work of any one man or
of any one age, but the result of a
growth or development, extending
from the return from Babylon to the
fifth century after Christ.
What then is the Talmud! It is
ian encyclopedia of law, civil and
penal, ecclesiastical and international,
human and divine" The close of the
Babylonish captivity is marked in
Jewish history by reawakening of
interest in their religious laws and
books, which begat study and investi-
cation concerning them and their
teachings. These expoundings and
interpretations and commentaries,
grew to an expanding science, kind
of unwritten law-and this, in its final
form, is found in the Talmud.
But there is another kind of matter
in the Talmud strangely intermixed
and confused with this legal knowl-
edge, something peculiarly eastern,
and to our minds most out of place in
connection with the other. This CON
sists of allegories, parallels, tales, wise
sayings, and apethegms, set forth with
all the luxuriance of Eastern magma
tons and highly poetic language.
These two elements are not placed side
by side, but blended in the most baf-
fling manner. In the midst of an alb
struse discussion of a legal or doctrinal
point we suddenly lose the thread of
discourse; we drift away as it we're in
aimless reverie; all becomes imagina-
tive, allegorical, poetical. From this
strange fairy land, often as weird as
the Arabian nights, we come back
again as abruptly to the thread of the
discussion which was so suddenly
broken off. 1t is the Interpretation Of
the intellect and of the fancy of the
brain and of the heart, the prose and
the poetry, thus flowing in one cur
rent. Thus the whole work resem-
bles what we understand by a legal
code ''about as much as a primeval
forest resembles a Dutch garden"
The Talmud, therefore, is the I'M
written law, the interpretations and
presidents and principles of applica-
ton applied in practice to the precepts
of the Pentateuch. 1t consists of two
parts, the Mishna, a commentary of
the law of Moses, and the Gemahra, an
examination of the Mishna and appli-
cation to the individual instances. But
how was any unity given to matter
thus accumulated through ages by
multitudes of minds
The Development of this law was
in the hands of the scribes. They
had to preserve the sacred text, to
explain its precepts, to instruct the
people, and to preach in the syna-
gogues and teach in the schools. Be-
sides these were the Learners" or
"master builders" as they were called.
They formed schools, and in these the
received teachings were handed down
from master to pupil with scrupulous
care.
In the New Testament the term
"master or "doctor of laws " de-
scribes much more than strictly legal
requirements. 1t includes all de-
partments of investigation, all knowl-
edge then extant, because of the i'm
portance of all kinds of knowledge
in legal practice. At that time schools
were held in the highest estimation.
+" The world is only saved by the
breath of the school children and
"a scholar is more meritorious than a
prophet" are the popular sayings of
the time. Through the schools and the
constituted courts, or Sanhedtims,
these Talmudie principles we're pre-
served and developed. The highest
dignitaries were the President and
Vice-President of the Sanhedrim.
We can but briefly state some of
the characteristics Of the Talmudic
teachings specified by DIR. Deutsch.
While many of them are clear ex-
pansions of Scripture teachings, others
are mere traditions, connected with
Scripture only by forced and special
interpretations. Yet they seem all
to have been held equally authorita-
tive, and to have been appealed to
generally in preference to the Mosaic
law. They are extremely practical.
They look more to the intention in the
fulfllment of precept than to the full
fillment itself, Certain duties bring
fruits in this world, but the real re-
ward is in the world to come.
The spirit Of the laws is remarkably
humane. Theifrs duty of the Judge
in civil cases is always to urge an
agreement between the parties. The
Talmud says that justice and good
will meet when the eentending parties
agree peaceably. The law Of revenge
is wholly unknown, as the Talmud
says, /" Paying measure for measure
is in Gods hand only" The care
taken of human life was very remark
able. Time must elapse between
sentence and execution, that whatever
could favor the condemned might be
found out, and on the way to execn-
ton any one knowing aught in the