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Nezikin
''Nezikin'' ( ''Neziqin'', "Damages") or ''Seder Nezikin'' (, "The Order of Damages") is the fourth Order of the Mishna (also the Tosefta and Talmud). It deals largely with Jewish criminal and civil law and the Jewish court system. Nezikin contains ten volumes (or "tractates"): #'' Bava Kamma'' (, ''First Gate'') deals with civil matters, largely damages and compensation. 10 chapters. (See also Shomer) #'' Bava Metzia'' (, ''Middle Gate'') deals with civil matters, largely torts and property law. 10 chapters. #''Bava Batra'' (, ''Last Gate'') deals with civil matters, largely land ownership. 10 chapters. #''Sanhedrin'' (, ''The Sanhedrin'') deals with the rules of court proceedings in the Sanhedrin, the death penalty, and other criminal matters. 11 chapters. #'' Makkot'' (, ''Lashes'') deals with colluding witnesses, cities of refuge and the punishment of lashes. 3 chapters. #'' Shevu'ot'' (, ''Oaths'') deals with the various types of oaths and their consequences. 8 chapters ...
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Horayot
Horayot (; "Decisions") is a Masekhet, tractate in Nezikin, Seder Nezikin in the Talmud. 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 Beth din, Jewish court, as well as unwitting actions performed by leading authorities of the Jewish people, and 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. Mishnah The Mishnah of Horayot is the final work of Nezikin. It contains three chapters. There are twenty paragraphs of Mishnah, or twenty ''Mishnayot'', within the three chapters. These chapters deal wit ...
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Mishnah
The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is the first work of rabbinic literature, written primarily in Mishnaic Hebrew but also partly in Jewish Palestinian Aramaic. The oldest surviving physical fragments of it are from the 6th to 7th centuries. The Mishnah was literary redaction, redacted by Judah ha-Nasi probably in Beit She'arim (Roman-era Jewish village), Beit Shearim or Sepphoris between the ending of the second century CE and the beginning of the third century. Heinrich Graetz, dissenting, places the Mishnah's compilation in 189 CE (see: H. Graetz, ''History of the Jews'', vol. 6, Philadelphia 1898, p105), and which date follows that penned by Rabbi Abraham ben David in his "Sefer HaKabbalah le-Ravad", or what was then ''anno'' 500 of the Seleucid era. in a time when the p ...
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Avodah Zarah
''Avodah Zarah'' (Hebrew: , or "foreign worship", meaning " idolatry" or "strange service") is the name of a tractate of the Talmud, located in '' Nezikin'', the fourth Order of the Talmud dealing with damages. The main topic of the tractate is laws pertaining to Jews living amongst Gentiles, including regulations about the interaction between Jews and "avodei ha kochavim", which literally interpreted is "Worshipers of the stars", but is most often translated as "idolaters", "pagans", or "heathen." Mishna The tractate consists of five chapters. The number of mishnayot is according to the standard numbering; however, different versions split up the individual mishnayot, or combine them, and the chapter breaks may vary, as well. Chapter One (nine mishnayot) deals with the prohibition of trade with idolaters around their festivals, such as Saturnalia and Kalenda (so as not to be complicit in the festive idolatry) and with the items that are forbidden to be sold to idolat ...
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Mishna
The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is the first work of rabbinic literature, written primarily in Mishnaic Hebrew but also partly in Jewish Palestinian Aramaic. The oldest surviving physical fragments of it are from the 6th to 7th centuries. 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. Heinrich Graetz, dissenting, places the Mishnah's compilation in 189 CE (see: H. Graetz, ''History of the Jews'', vol. 6, Philadelphia 1898, p105), and which date follows that penned by Rabbi Abraham ben David in his "Sefer HaKabbalah le-Ravad", or what was then ''anno'' 500 of the Seleucid era. in a time when the persecution of Jews and the passage of time raised the po ...
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Bava Kamma
Bava Kamma () is the first of a series of three Talmudic tractates in the order Nezikin ("Damages") that deal with civil matters such as damages and torts. The other two of these tractates are Bava Metzia ('The Middle Gate') and Bava Batra ('The Last Gate'): originally all three formed a single tractate called ''Nezikin'', each "Bava" meaning "part" or "subdivision." Bava Kamma discusses various forms of damage and the compensation owed for them. Biblical laws dealing with the cases discussed in Bava Kamma are contained in the following passages: , and . The principle that underlies the legislation in this respect is expressed by the sentence, "He that kindled the fire shall surely make restitution". Bava Kamma consists of ten chapters which may be grouped as follows: damage caused without criminality (chaps. 1-6); damage caused by a criminal act (chaps. 7-10). Mishna Damage caused without criminality Two types of damages are dealt with: (1) damage caused by agents in thei ...
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Bava Metzia
Bava Metzia (, "The Middle Gate") is the second of the first three Talmudic tractates in the order of Nezikin ("Damages"), the other two being Bava Kamma and Bava Batra. Originally all three formed a single tractate called ''Nezikin'' (torts or injuries), each ''Bava'' being a Part or subdivision. Bava Metzia discusses civil matters such as property law and usury. It also examines one's obligations to guard lost property that has been found, or property explicitly entrusted to him. Mishnah The Mishnah of Bava Metzia contains ten chapters. Honorary trustee (''Shomer Hinam''), chapters 1-3 An honorary trustee is one who finds lost property. He has to keep it as '' shomer hinam'' (watching over another's property without receiving any remuneration) until he can restore it to the rightful owner (). The laws as to what constitutes finding, what to do with the things found, how to guard against false claimants, how to take care of the property found, under what conditions the finde ...
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Bava Batra
Bava Batra (also Baba Batra; ) is the third of the three Talmudic tractates in the Talmud in the order Nezikin; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's oral law. Originally it, together with Bava Kamma and Bava Metzia, formed a single tractate called ''Nezikin'' (torts or damages). Unlike Bava Kamma and Bava Metzia, this tractate is not the exposition of a certain passage in the Torah. Mishnah The Mishnah is divided into ten chapters, as follows: * Regulations relating to jointly owned property (chapter 1) * Responsibilities of a property owner towards his neighbor (chapter 2) * Established rights of ownership and rights connected with property (chapter 3) * Laws referring to the acquisition of property by purchase, as also what constitutes an unclean vessel when purchased from a Gentile (chapters 4–7) * Laws of inheritance (chapters 8–9) * Laws concerning documents (chapter 10) Joint ownership Chapter 1: ...
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Sanhedrin (Talmud)
''Sanhedrin'' () is one of ten tractates of Seder Nezikin (a section of the Talmud that deals with damages, i.e. civil and criminal proceedings). It originally formed one tractate with Makkot, which also deals with criminal law. The Gemara of the tractate is noteworthy as precursors to the development of common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ... principles, for example the presumption of innocence and the rule that a criminal conviction requires the concurrence of twelve. Summary of Sanhedrin Within Seder Nezikin, the Sanhedrin focuses on questions of jurisdiction, criminal law and punishments. The tractate includes eleven chapters, addressing the following topics: # The different levels of courts and which cases each level presides over # Laws of the hig ...
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Tosefta
The Tosefta ( "supplement, addition") is a compilation of Jewish Oral Law from the late second century, the period of the Mishnah and the Jewish sages known as the '' Tannaim''. Background Jewish teachings of the Tannaitic period were characteristically transmitted orally, and consisted of short sayings presented with or without attribution, which were memorized through repetition (''Shanah'' in Hebrew) and recited in halls of study. These teachings were primarily concerned with laws and customs (Halacha), though they also included non-legal traditions (Aggada), as well as supplementary material (Tosefta) which was appended later to traditions which warranted clarification or addition of legal material. The Halacha, Aggada, and Tosefta collectively served as the foundation of the Oral Torah and the primary focus of study for the sages during the first two centuries CE. The oral traditions were no doubt transmitted as different collections by different scholars, though the ...
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Pirkei Avot
Pirkei Avot (; also transliterated as ''Pirqei Avoth'' or ''Pirkei Avos'' or ''Pirke Aboth'', also ''Abhoth''), which translates into English as Chapters of the Fathers, is a compilation of the ethical teachings and maxims from Rabbinic Jewish tradition. It is part of didactic Jewish ethical literature. Because of its contents, the name is sometimes given as Ethics of the Fathers. Pirkei Avot consists of the Mishnaic tractate of ''Avot'', the second-to-last tractate in the order of Nezikin in the Mishnah, plus one additional chapter. Avot is unique in that it is the only tractate of the Mishnah dealing ''solely'' with ethical and moral principles; there is relatively little halakha (laws) in Pirkei Avot. Translation of the title In the title ''Pirkei Avot'', the word "pirkei" is Hebrew for "chapters of". The word ''avot'' means "fathers", and thus ''Pirkei Avot'' is often rendered in English as "Chapters of the Fathers", or (more loosely) "Ethics of the Fathers". This tra ...
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Shevu'ot
Shevu'ot or Shevuot (Hebrew: שבועות, "Oaths") is a book of the Mishnah and Talmud. It is the sixth volume of the book of Nezikin. Shevu'ot deals primarily with the laws of oaths in halakha (Jewish law). Mishnah The Mishnah to Shevu'ot contains eight chapters: # In connection with the statement that oaths may be divided into two classes, which are again subdivided into four, other actions and conditions are enumerated which are similarly divided; e.g., the perception of defilement, carrying from a private domain to the public domain on the Sabbath and vice versa, and the appearance of the different kinds of leprosy (§ 1); further details concerning the method of recognizing uncleanness; manner of effecting atonement, by various private or communal sacrifices, for offenses committed consciously or unconsciously in a state of uncleanness, or for other trespasses against the Law (§ § 2-7). #Further details relating to the perception of uncleanness; the statement that a person ...
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Eduyot
Tractate Eduyot (Hebrew: עדויות, lit. "testimonies") is the seventh tractate in the order Nezikin of the Mishnah. When, after the destruction of the Temple, it became necessary, through the removal of R. Gamaliel II from the office of patriarch, to decide religious questions by the will of the majority, there was produced, as the groundwork of the treatise Eduyot, a collection of unassailable traditions. From time to time more material was added to this groundwork, until the treatise was concluded on the redaction of the whole Mishnah. There is no connection between the many subjects touched upon in the Eduyot; and an exhaustive discussion of each is not its purpose. Even the names of the sages responsible for the halakhot provide but a loose thread of union. Mishnah Following is a synopsis of the longer portions of the treatise: * Chapter 1: In 1:1-3 a matter of dispute between Hillel and Shammai is again brought up for consideration; namely, the chief rules to be observed ...
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