The Pentateuch and the Talmud form the double basis of Hebrew
jurisprudence. "The wisdom of the lawgiver," says Bacon, "consists not
only in a platform of justice, but in the application thereof." The
Mosaic Code, embodied in the Pentateuch, furnished to the children of
Israel the necessary platform of justice; ancient tradition and Rabbinic
interpretation contained in the Talmud, supplied needed rules of
practical application. Employing classic terminology, it may be said
that the ordinances of Moses were the substantive and the provisions of
the Talmud were the adjective laws of the ancient Hebrews. These terms
are not strictly accurate, however, since many absolute rights are
declared and defined in the Talmud as well as in the Pentateuch. Another
definition, following the classification of Roman legists, describes
Mosaic injunction as the _lex scripta_ and Talmudic provision as the
_lex non scripta_ of the Commonwealth of Israel. In other words, the
Pentateuch was the foundation, the cornerstone; the Talmud was the
superstructure, the gilded dome of the great temple of Hebrew justice.
Bible students throughout the world are familiar with the provisions of
the Mosaic Code; but the contents of the Talmud are known to few, even
among scholars and literary men. The most appalling ignorance has
existed in every age among the Gentile uninitiated as to the nature and
identity of this gigantic literary compilation. Henricus Segnensis, a
pious monk of the Middle Ages, having heard and read many things about
the despised heretical Talmud, conceived it to be a person and, in a
transport of religious frenzy, declared that he would sooner or later
have _him, the Talmud_, put to death by the hangman![48]
For the benefit of the average reader as well as to illuminate the
general subject, a short description of the Talmud will be given.
_Definition._--Many attempts have been made to define the Talmud, but
all definition of this monumental literary production is necessarily
inaccurate and incomplete because of the vastness and peculiarity of the
matter treated. To describe it as an encyclopedia of the life and
literature, law and religion, art and science of the Hebrew people
during a thousand years would convey only an approximately correct idea
of its true meaning, for it is even more than the foregoing descriptive
terms would indicate. Emanuel Deutsch in his brilliant essay on the
Talmud defines it as "a Corpus Juris, an encyclopedia of law, civil and
penal, ecclesiastical and international, human and divine. It is a
microcosm, embracing, even as does the Bible, heaven and earth. It is as
if all the prose and poetry, the science, the faith and speculation of
the Old World were, though only in faint reflections, bound up in it _in
nuce_."
Public-domain text, read in full here on John Shaqi.
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