It is impossible to believe that both these prayers come from the same source; “sweet waters and bitter” do not alike flow from the fountain of Marah.
With respect to the general character of the Talmud, with all its weakness and strength, its beauty and deformity, its poetry and commonplace, its tender wisdom and glaring absurdity, we cannot do better than quote the moderate opinion of the writer already cited, as infinitely more trustworthy than the dithyrambic utterances of Deutsch and his imitators. He says:—
“In its origin it was the result of an almost necessary development. Starting with the axiom that the law of Moses is binding on the children of Abraham in every generation, its precepts have been applied to the changing habits and customs of the Jews in different ages and under various climates, by a literal interpretation when possible, otherwise on the ci-près principle, rarely by giving a new direction to its enactments, as instanced under the Hillel régime. It is this application of the Law to the needs of Jewish Society, by a process slow and gradual, that has made each successive stage of development, in Jewish opinion, more valuable than its predecessors. Thus if the Law has been likened to water, the Mishna, which gives a later direction to its precepts, is as wine; and the Gemara, declaring as it does the sense in which the Mishnic Hilkoth are to be taken, is as hippocras. It is not that the Law is less, or that the traditional decisions and expository matter are more sacred, but the latest phase of judicial interpretation is the most binding; and where the rule of action is clear and decisive, no antecedent utterance need trouble the inquirer. Yet the Talmud has always been antiquated. It has never known the sunshine of youth. It has still been the mouldering, moss-grown ruin. In its origin it presupposed vital action where there was nothing but death; Temple service with the Temple hopelessly in ruins, ‘not one stone upon another;’ sacrificial rites that were impossible without an altar, and for which certain prayers were substituted, carefully numbered out, and made binding on the individual in lieu of public offering.... Nothing can be more completely out of place than strict Talmudism amid the complications of modern society; it is impossible to make its precepts consist with the social and political duties of the highly educated Jew. Our Lord, Who came not to destroy the Law, but to fulfil it, has pointed out those modes of dealing with the Law in its higher and more spiritual bearings, that in the end must be accepted by Israel as his truest wisdom.”
Mr. Deutsch gives the following account of the six sections of the Mishna:—
“Section I. Seeds: of Agrarian laws, commencing with a chapter on Prayers. In this section the various tithes and donations due to the Priests, the Levites, and the poor, from the products of the lands, and further the Sabbatical year, and the prohibited mixtures in plants, animals, and garments, are treated of.
“Section II. Feasts: of Sabbaths, Feast and Fast days, the work prohibited, the ceremonies ordained, the sacrifices to be offered, on them. Special chapters are devoted to the Feast of the Exodus from Egypt, to the New Year’s Day, to the Day of Atonement (one of the most impressive portions of the whole book,) to the Feast of Tabernacles, and to that of Haman.
“Section III. Women: of betrothal, marriage, divorce, &c.; also of vows.
“Section IV. Damages: including a great part of the civil and criminal law. It treats of a law of trades, of buying and selling, and the ordinary monetary transactions. Further, of the greatest crime known to the law, viz., idolatry. Next of witnesses, of oaths, of legal punishments, and of the Sanhedrim itself. This section concludes with the so-called ‘Sentences of the Fathers,’ containing some of the sublimest ethical dicta known in the history of religious philosophy.
“Section V. Sacred Things: of sacrifices, the first-born, &c.; also of the measurements of the Temple (Middoth).
“Section VI. Purifications: of the various Levitical and other Hygienic laws, of impure things and persons, their purification, &c.”[22]