The Jew, The Gypsy and El IslamBurton, Richard Francis, Sir
Islamic
The Jew, The Gypsy and El Islam
Burton, Richard Francis, Sir
Islam; Jews; Romanies
Yet the Talmudic authors lay down the principle that their decisions
are in no wise absolute, but can always be modified by a power equal
to that which lay them down.[64] Their sole object was to fix the
sense and the rules of Written Law; for as Moïse de Coucy says in his
_S'mag, or Great Book of Precepts_: “If the interpretation of the Oral
Law had not been added to the Written Law, the whole code would have
been obscure and unintelligible, because Holy Writ is full of passages
which seem to oppose and contradict one another.” Rambáni Maimonides
of Cordova declares (Introduction to his _Guide_, Vol. I., p. 29):
“Thus we find continually written in the Talmud, ‘The beginning of the
chapter differs from the end’; and the explanation is given, ‘Because
the first part emanates from such-and-such a doctor, and the last from
another.’ Furthermore, we read, ‘Rabbi Yahúda the Holy approved the
opinion of that doctor in that case, and merely records the opinions
of this doctor in this case, without even naming him.’” The following
formulas are also frequent: “To whom belongs this anonymous assertion?”
R. “To A. B., the doctor!” and, “To whom belongs our paragraph of the
Mishnah?” R. “To such-and-such a person!”
To resume the history of the Talmud.
Some years after the publication of the Mishnah in the third century
(A.D. 230-270), R. Yochanan, who for eighty years had been President
of the Sanhedrin, undertook a commentary on the text like the Sharh,
which accompanies the Arabic Matu. Aided, it is said, by Rab and
Samuel, the disciples of Gamaliel, son of R. Yahúda, he produced about
A.D. 390 a book which, united with the Mishnayoth, received the title
Talmud (doctrine or learning) of Jerusalem, though written at Tiberias.
The product of the Schools of Palestine, it was composed in the West
Aramæan tongue; and it calls the Mishnic text by the simple name of
Halakah (rule), or dogmatic part. The School of Tiberias flourished
apparently in the days of St. Jerome, and passed into oblivion during
the fourth and early fifth centuries.
In A.D. 367 Askhi, President of the Babylonian Sanhedrin, whilst
teaching the Mishnah, annually commented upon two tracts of that work,
which, being concise, and as it were axiomatic, like all books that
announce legislative principles, required explanation of the author’s
exact intention. He was aided by the opinions of many doctors omitted
in the Mishnah, either those who died before R. Yahúda the Holy had
finished his labours, or the many who followed during the ensuing
years. In order that his learning might not be lost to the world,
he compiled and transcribed thirty-five tracts, and died A.D. 427.
His son Mar and Marimon his disciple continued the work, and after
seventy-three years appeared the Gemara, complement or conclusion. It
was written in the Eastern Aramæan tongue, and it corresponds with the
Hasheyah of Arabic standard works.
Public-domain text, read in full here on John Shaqi.
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