or so extensive in its materials, as the Babylonish Talmud compiled by R. Ina and R. Ashi about one hundred years after the former. As this last is the one by far best known, and in the highest estimation, it is to it that we shall confine our remarks. No book, perhaps, has called forth greater diversity of opinion than the one of which we now treat; and the veneration in which it is held by the professors of one religious system can be equalled only by the fierceness of the assaults it has had to sustain from those of a different system. The world at large, which at present is obliged to form its opinion of the merits of this work on hearsay, or from extracts formed either by inveterate assailants or zealous defenders, will not be able to arrive at a correct estimate until the whole work shall be translated and illustrated ;-an undertaking rather to be wished-for than expected. For, strange as it may appear, neither assailants nor defenders have as yet entered into the essential spirit of that immense compilation. As Jews, our bias is decidedly and justly in its favour; and, as we shall have occasion frequently to offer extracts from its pages, and have been requested to state, as early as possible, what the Talmud is, what it actually contains, and under what circumstances it was compiled, we will endeavour in the present number partially to satisfy these inquiries.

The manner of its composition bears the impression not only of the remote age, but of the distant region, in which it was compiled. Had the arts of composition been then better known or observed, the method of its arrangement would probably have been very different. In the shape it now bears it is a congest of various materials, which neither in their worth nor in their contents have any affinity. The high reputation and authority which to this very day it justly enjoys and maintains among the Jews, does not arise from any or every individual opinion or sentiment advanced in it, or from the whole of the materials it includes; but solely because in it are embodied and preserved the ORAL LAWS, traditions

clearly traced to the days of Moses,. and the ordinance of the Deity. In addition to these, and the discussions connected with them,conducted with profound wisdom and acute logical reasoning,-the Gemara contains historical and biographical notices, legends, astro-X nomy according to the then prevailing system, sympathetic medicine, aphorisms, parables, apologues, sermons,-not discursive as in the present day, but condensing much meaning in few words,-ethics, and rules of practical wisdom. All these materials are not disposed of or introduced in any particular order, but are to be found dispersed in each of its thirty-six treatises as the occasion may require or call for them.

That the laws and precepts known as ORAL are of divine authority, no Jew will gainsay; and the scrupulous attention with which matters are treated which, to those of another faith, may appear of minor importance, is therefore not at at all a subject of wonder. That the maxims and sayings of the Talmud are imbued with a spirit of religion and morality of the very highest order; that they inculcate self-denial, resignation in suffering, submission to the will of God, love and devotion to Him as the Source of all good, and the centering of all our hopes and aspirations in another and a better world;-are truths which the most inveterate opponent of the Talmud will hardly dare to deny. But while these are the main characteristics of the composition, passages are to be found which the reader of the present age is astonished to meet with, and which appear to him any thing but worthy of the room that has been assigned to them in this most valuable compilation.

The later Rabbies-impressed with the conviction that their earlier predecessors, endued with the highest wisdom, could not have said any thing contrary to its dictates-have generally assigned a secret or allegorical meaning to these obscure or startling passages; and, by endeavouring to dive into their hidden sense, have sometimes succeeded in giving a

most sublime meaning to passages apparently the most incongruous. Respecting the propriety of some of these expositions, and the merit of all, we are not called upon to pronounce an opinion: But this we do say, that, even admitting the failure of all later expositions, (which we are far from doing,) and that consequently the worth of these comparatively few passages is as yet undiscovered, it nevertheless remains true that the general character of the compilation cannot, and does

not, therefore, lose any particle of its high worth or unquestionable authority; such passages being the unsupported dicta of individuals, which, in a compilation professedly undertaken for the purpose of embodying every known opinion of every Rabbi, found room amongst materials of greater value. The worst that can be said is, that the compilers may not have displayed so correct a taste in their selection, as compilers of the present day would not fail to do.-(To be resumed.)

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DIVISION 1.-CHAPTER V.

ALL animate beings on earth may, according to their instincts and manner of living, be divided into three great classes. One class cannot live and subsist, in a social state; as, for instance, beasts of prey: To these, the collecting together and associating in great numbers would be injurious; for, were a vast concourse of them collected on one spot, hunger and their ferocious instincts would soon lead them to destroy each other. A second class cannot live and subsist except in a social state; as, for instance, man; to whom the collecting together and associating in numbers is absolutely necessary for his preservation. His susceptible conformation subjects him to the influence of cold and heat, and of their alternations; he therefore needs raiment to protect him against their influence. His powers of digestion are not great; his food must therefore be prepared in order to aid them. But neither food nor raiment could he possibly obtain in sufficient abundance, except in a state of society, where many join for reciprocal aid and assistance: One weaves, while another makes the needle with which the third sews; and it is thus in every occupation that his wants render necessary. The third class of ani

The following is an introduc

mate beings form the medium between the two extremes; a state of society being to them neither injurious, as to beasts and birds of prey, nor of absolute necessity, as to man. But their instinct sometimes prompts them to associate and collect in numbers for their welfare; as many beasts and birds, which at certain seasons congregate and flock together for safety and protection, and afterwards separate again. With man, however, a state of society, when once formed, cannot again be dispensed with; which induced our Rabbies to say that man, by nature, was a social animal.

As a state of society is thus natural, and therefore absolutely necessary for the preservation of man, the maintaining of that society in every land or clime on the globe requires certain regulations, to determine and protect the right, and to point out and punish the wrong; so as to prevent the baneful effects which the collision of passions and interests might produce. In these regulations are comprised commands which tend to promote the social welfare, as the prohibition of murder, thefts, violence, and the like. These regulations our Rabbies called "the natural laws of society;" as being absolutely and indispensably necessary to the existence of society;

and they are generally imparted to mankind by a sage, a prophet, or a hero. The uniformity and perfection of this legal system of society (as for instance, the Roman laws) is called "civilization ;" which, however, cannot be upheld unless some head be empowered to watch over and preserve its integrity, either as ruler, judge, or king of the society. And as man by nature is a social animal, and is the more happy the more perfect the state of society is in which he lives, it thence results that government is to him a natural institution, as the power of ruler, judge, or king is indispensable to maintain the institutions of society, and with them the well-being and happiness of the individuals of which it is composed.

CHAPTER VI.

Ir we carefully examine the animal conformation and the perfection of its various members, we shall find that the Creator exerted his bountiful providence to furnish all his creatures with every requisite for their well-being; not only that which is indispensable for the preservation of the species or the individual, but likewise with whatever might be conducive to their happiness, so as to render them perfect according to their degree in the scale of creation. And when we find the careful dispensation of this bounty towards creatures of an inferior degree, we may reasonably infer its exercise likewise towards those of a superior degree, in order that they too may be furnished with whatever may tend to make them perfect. Whosoever maturely reflects on this subject will find, that it is the divine influence alone, by means of which whatever relates to the perfection of man can be effected; and that this divine influence is far more requisite to the well-being of man, who is gifted with reason, than any thing with which the Creator has gifted all other animals is to theirs; they being restrained by instinct.

This Divine influence, although directly communicated to one man only, will nevertheless in its operation cause and lead to the perfection of all mankind. For although the different species of animals, some of which

are more perfect than others, do not communicate their perfection to other races; (as each species forms a whole, and has its peculiar and distinct purpose in the creation ;) nevertheless, in the human species, comprising as it does different degrees of mental powers, some superior to others, all these powers combine but for one object,-the perfection of the whole race, which likewise has its peculiar and distinct purpose in the creation. If we were to assume that the great men of the earth, from their superior means of acquiring knowledge, are more perfect than their labourers, that the sage again is more perfect than the great, that one or more of each class are more perfect than his or their fellows; yet the perfection of any one or of all these individuals alone would not in itself constitute the aim or purpose for which his species was created, but would only be instrumental to the perfecting of the whole species of which he or they, however distinguished, form but a part; as in the body there are different members, each required for the preservation of the whole;-and though some of these members are more important, and therefore superior to others, yet they are not so for their own sakes only, but as forming a part of, and essentially contributing to preserve, the entirety and perfection of the whole. And as in the body the heart is the vital part of the animal, the instrument for circulating life throughout the frame, and particularly the brain, by means of which sensation and motion are gradually conveyed to all the different members; so likewise, in the human species, the mass receive the impulse towards its perfection from the principal members, not as being distinct from them, but because together they form but one whole.

The rank of principal members of the human species appertains to those few selected by the Deity for the purpose of conveying through them, to the rest of the species, the divine influence and the means of acquiring perfection. And it ought not to be less evident to us, that the bounty of Providence, intent on employing the means most conducive to

extracts as we insert, it cannot reasonably be expected that we shall, in any case, `aid the unhallowed efforts of Eisenmenger,* and his cavilling compeers. We would much rather be taunted with having extracted honey only, from the flowers of Hebrew literature, than give just cause to the reproach, that our selection was injudicious, or that we permitted weeds, however harmless, to disfigure our anthology.

To those who read merely for amusement, we cannot recommend the perusal of our pages. The Rabbies did not write to amuse; throughout their numerous works, there is not the slightest attempt on their part to call forth a smile from their readers; they wrote to instruct, and we are but their translators.

But those who purpose to draw from its very source their information respecting the genius and tendency of one of the oldest (if not the very oldest) systems of legislation now extant; who wish to avail themselves of the lights which the literature of an ancient and unmixed people must throw on the habits, the customs, and the history of the age in which the writers lived; and they, above all, who desire to improve by the morality of the Rabbies, to benefit by their wisdom, and to know, in order to obey, their sage and pious precepts; to each and all of these, we offer our invitation, and the sincere promise, that our utmost efforts will be exerted, in order that their expectations may not be altogether disappointed.

THE Compilation of the TALMUD ranks amongst the oldest Hebrew writings. It consists of two distinct works: 1. The MISHNA. 2. The GEMARA; which together form the TALMUD.

The MISHNA chiefly contains the oral or traditional laws, transmitted, according to the order itself lays down at the commencement of the treatise АBOTH: ("Ethics of the Fathers :")

"Moses received the law from Sinai and transmitted it to Joshua, Joshua to the Elders, the Elders to the Prophets, and the Prophets to the men of the great Assembly. Simon the just was among the last members of the great Assembly. Antigonus of Socho received the traditions from Simon the just: Jose the son of Joeser of Sorceda, and Jose the son of Jochanan, of Jerusalem, received from him. Jehoshua the son Perachia, and Nithai the Arbelite,

* A German, author of a most virulent attack on the writings of the Rabbies.

learned from them. Judah the son of Tabai, and Simon the son of Schatach, succeeded them; and were followed by Shamaiah and Abtalion, from whom Hilel and Schamai received the traditions. The successor of Hilel and Schamai was R. Jochanan the son of Sachai, who lived at the time of the destruction of the second temple." He had five pupils, by means of whom the link of tradition was connected with the compilers of the Mishna.

The GEMARA contains expositions on the Mishna, and various other subjects, which we shall hereafter enumerate.

The compilation of the Mishna by R. Jehuda Hanasi, the prince, also called Rabenu hakadosh, ("our holy Rabbi,") the contemporary and friend of Antoninus Pius, was undertaken in the latter half of the second century of the Christian era. The Jerusalem Talmud was compiled by R. Jochanan, about one hundred years later; but is not so generally in use,

As

or so extensive in its materials, as the Babylonish Talmud compiled by R. Ina and R. Ashi about one hundred years after the former. this last is the one by far best known, and in the highest estimation, it is to it that we shall confine our remarks. No book, perhaps, has called forth greater diversity of opinion than the one of which we now treat; and the veneration in which it is held by the professors of one religious system can be equalled only by the fierceness of the assaults it has had to sustain from those of a different system. The world at large, which at present is obliged to form its opinion of the merits of this work on hearsay, or from extracts formed either by inveterate assailants or zealous defenders, will not be able to arrive at a correct estimate until the whole work shall be translated and illustrated;—an undertaking rather to be wished-for than expected. For, strange as it may appear, neither assailants nor defenders have as yet entered into the essential spirit of that immense compilation. As Jews, our bias is decidedly and justly in its favour; and, as we shall have occasion frequently to offer extracts from its pages, and have been requested to state, as early as possible, what the Talmud is, what it actually contains, and under what circumstances it was compiled, we will endeavour in the present number partially to satisfy these inquiries.

The manner of its composition bears the impression not only of the remote age, but of the distant region, in which it was compiled. Had the arts of composition been then better known or observed, the method of its arrangement would probably have been very different. In the shape it now bears it is a congest of various materials, which neither in their worth nor in their contents have any affinity. The high reputation and authority which to this very day it justly enjoys and maintains among the Jews, does not arise from any or every individual opinion or sentiment advanced in it, or from the whole of the materials it includes; but solely because in it are embodied and preserved the ORAL LAWS, traditions

clearly traced to the days of Moses,. and the ordinance of the Deity. In addition to these, and the discussions connected with them,conducted with profound wisdom and acute logical reasoning,-the Gemara contains historical and biographical notices, legends, astro-X nomy according to the then prevailing system, sympathetic medicine, aphorisms, parables, apologues, sermons, not discursive as in the present day, but condensing much meaning in few words,-ethics, and rules of practical wisdom. All these materials are not disposed of or introduced in any particular order, but are to be found dispersed in each of its thirty-six treatises as the occasion may require or call for them.

are

That the laws and precepts known as ORAL are of divine authority, no Jew will gainsay; and the scrupulous attention with which matters treated which, to those of another faith, may appear of minor importance, is therefore not at at all a subject of wonder. That the maxims and sayings of the Talmud are imbued with a spirit of religion and morality of the very highest order; that they inculcate self-denial, resignation in suffering, submission to the will of God, love and devotion to Him as the Source of all good, and the centering of all our hopes and aspirations in another and a better world;-are truths which the most inveterate opponent of the Talmud will hardly dare to deny. But while these are the main characteristics of the composition, passages are to be found which the reader of the present age is astonished to meet with, and which appear to him any thing but worthy of the room that has been assigned to them in this most valuable compilation. The later Rabbies-impressed with the conviction that their earlier predecessors, endued with the highest wisdom, could not have said any thing contrary to its dictates-have generally assigned a secret or allegorical meaning to these obscure or startling passages; and, by endeavouring to dive into their hidden sense, have sometimes succeeded in giving a