Sons More Desirable than Daughters.

_G_. The world cannot exist without males and females, yet blessed is he whose children are boys, and unlucky he whose children are girls. Cf.

Baba Bathra, p. 113, col. I:--"Whoever does not leave a son to be heir, G.o.d will heap wrath upon him."

_IV.--CONCERNING PENALTIES_ (NEZIKIN)

[In this division the princ.i.p.al part of the civil and criminal court of the Hebrews is included. See especially the treatise "Sanhedrin."]

1. TREATISE CALLED LIT. Chap. I, or THE FIRST GATE. (20)(Heb. _Baba Qama_.)

Damages to be made good by those responsible for them.

_M_. There are four princ.i.p.al causes of damage to life and property. I.

The Ox. 2. The Uncovered Pit. 3. The Man who sets fire to anything. 4.

The Fire which starts of its own accord through neglect.

Whenever damage is done in any of these four ways the one that is responsible for it must make the loss good.

_G_. The Rabbis teach that there are many specific forms of the above four kinds of injuries, _i.e._, the ox can do an injury with his horns, his teeth, or his feet.

Accident through falling over a jug or barrel.

_M_. If anyone places a jug on a public road and another person stumbles over it and breaks it, the latter is not liable for the breakage. But if he is injured by the fall, the owner of the barrel is liable for the damage.

_G_. The Mishnah uses "jug" in the first clause and "barrel" in the second. Rabbi Papa said that the same thing is meant in both cases.

On breaking a jug full of water on a public road.

_M_. If a jug full of water breaks on a public road and its contents cause a person to slip, or if in any way one is injured by the pieces, he who carries the jug is liable for any injury. Rabbi Jehuda, however, says he is only liable if he breaks it intentionally.

2. TREATISE CALLED THE MIDDLE CHAPTER (Heb. _Baba Metsia_). 2nd in order.

_G_. It was Elijah"s custom to frequent the Rabbi"s council chamber. On one occasion, being later than usual, Rabbi asked him to explain his delay. Elijah answered as follows: "It is my business to wake up Abraham, Isaac, and Jacob one after the other, to wash each one"s hand, and to wait until each one has said his prayers and returned to rest."

"But," said Rabbi, "why don"t they all rise at the same time?"

"Because," was Elijah"s reply, "if they all three prayed at once, their united prayers would precipitate the advent of the Messiah before its appointed time." "Then," said Rabbi, "have we amongst us such praying people?" Elijah said there were, mentioning Rabbi Khizah and his sons.

Rabbi then proclaimed a fast, which Rabbi Khizah and his sons came to observe. When repeating the 18 benedictions (21) they were about to say "Thou restorest life to the dead" when the world was convulsed and it was asked in Heaven who revealed to them the secret. Elijah was then beaten sixty times with a rod of fire. He afterwards came down like a fiery bear and scattered the congregation.

3. TREATISE CALLED THE LAST CHAPTER _(Baba Bathra_). No. 3 in order.

_G_. The members of the Great Synagogue who wrote the Book of Ezekiel, the Books of the twelve minor prophets, the Book of Daniel, and the Book of Ezra (22).

4. TREATISE CALLED SANHEDRIN. NO. 4 in order. [It treats at length of the inst.i.tution of the munic.i.p.al and provincial courts called Sanhedrin from a Greek word, and also of the great Sanhedrin, or _Bethdin_, at Jerusalem.]

Jewish Courts and their Const.i.tution.

_G_. [The Sanhedrin was composed of 71 members. If an Israelite had a point of law to decide, he first proposed it to the Court which met in his own city. If they failed to decide the matter, it was submitted to the judgment of the Court of the next city. If the Justices of the immediate district failed to come to a decision, the case was laid before the Court which met at the entrance of the Temple area. In the event of their failing to decide, they appealed to the Court which met at the entrance to the ante-court. Failure in this Court was followed by an appeal to the Supreme Court of 71, where the matter was finally disposed of by a majority of votes.

The Sanhedrin sat in a semicircle in order that the members might be able to see one another. There were two notaries, one on the right and the other on the left, to count the "Ayes" and "Noes" in all cases of voting.]

The authorship of the BOOK OF EZRA.

_G_. [The Book of Ezra was written by Nehemiah. He does not attach his name to it because he gave too much attention to his own merits, as it is written (Neh. v, 19) "Think upon me, my G.o.d, for good, according to all that I have done for my people."

5. TREATISE ON IDOLATRY _(Aboda Zara_). No. 8 in order.

_M_. It is forbidden to have any dealings with non-Jews for three days before they hold their unholy festivals (23). One must not lend them any money, for that could be useful to them in preparing for the festival.

Nor must one borrow from them, for they would gain thereby and be more able, out of the interest, to meet the expenses of their coming feasts.

Similarly, one must not pay them any money, even though due, nor in return must payment be received.

Rabbi Jehuda, however, maintains that payment should be allowed because that is a displeasure and a disadvantage to those who pay.

_M_. When there is an idol in the city one may go to that city, providing that the road does not lead to the idol alone. Jews are not allowed to sell to non-Jews any of the following things, because they can be used for purposes of heathen worship:--Fir cones, white figs, or their stems, frankincense, and a white c.o.c.k. A white c.o.c.k may, however, be sold if one of its claws has been cut off, since non-Jews do not sacrifice an animal when an organ is lacking.

THE BOOK OF YASHAR (see 2nd Sam. i, 18).

_G_. What is meant by the Book of Yashar? Rabbi Khyiah bar Abba on the authority of Rabbi Jokhanan says "It is the book of Abraham, Isaac and Jacob, they being called righteous _(yesharim),_ and concerning whom it is written, Numb, xxiii, 10, "Let me die the death of the righteous""

_(yesharim)._

6. TREATISE CALLED "SENTENCES OF THE FATHERS" (Heb. _Pirga Abot_). No. 9 in order.

[This treatise, on which no Gemara has been handed down, contains moral precepts, aphorisms, and so forth, of the elder Tannain. It has been often translated, an excellent rendering by the late Dr. Charles Taylor having been published by the Cambridge Press.]

The Two Tables of the Law.

_M_. The two Tables of the Law, handed to Moses on Mount Sinai, were created, along with nine other things, at the time when the world was made, and at sunset, before the first Sabbath began.

_V.--SACRED THINGS, SACRIFICES, MEASUREMENTS OF THE TEMPLE, ETC._

1. TREATISE ON THE MEASUREMENTS OF THE TEMPLE _(Middot)._ 10th in order.

Extent of the Temple Area.