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SECTION 6 Sacred Writings and Commentaries
Topic 6.2 6.2 Talmud
Significance of the Talmud
Description of
Topic
Identification of what Talmud is
The significance of the Talmud for the continuing interpretation
of religious law
One case study of tort law in the Talmud (exploring the premise,
arguments and conclusions)
Midrash
Learning
Outcomes
explain the meaning of Talmud; explain how the Talmud
continues to have relevance for the interpretation of Jewish
religious law; present different perspectives using one case
study of tort law in the Talmud; explain the meaning of Midrash
and its role in Judaism
ORAL TORAH
Here’s a small story before we look at this subject of Oral
Torah. Get one person to read this and have everyone
listen..and NO CHEATING… you can’t write down any
details as the story is being told; they have to be
remembered! Now… are you sitting comfortably? Well,
here’s the story …
On the Great Blasket Island off the Kerry coast, there was a man, Peadar, living
with his wife, Moira. They had three sons - Eoin, Roibeárd, and Fintan – and two
daughters, Maeve and Sive. Eoin, like many Kerry people, moved up to the ‘Big
Smoke’ and worked as a teacher in Gaelcholáiste Reachrann in Donaghamede on
the northside of Dublin. Roibeárd was an engineer with Liebherr, that crane
manufacturing firm in Killarney which employs about 500 people. Fintan went
to his uncle Johnny in the US about four years ago. Maeve got a fine job as
principal of the school in Dingle and is living on the mainland, and Sive is
working in Centra in Dingle. Since the children have all moved off, Peadar and
Moira live in a lovely modest detached two bed-roomed cottage, with an open
kitchen with the old irons over the fire, a parlour for the visitors, and a pantry for
the wash-up and the more practical jobs of the house.
The little cottage was painted white with red rims around the windows. The roof
was green to help it blend in with the local environment. There were two
windows on the front, and the spectacular view from the front of the house
opened up to the Slea Head Peninsula and the full breadth of the Atlantic Ocean.
They had a lovely garden with a few colourful shrubs and plenty of red and
purple fuschia which you see growing a lot by the sea. They had a half-door in
the front of the house from which they could watch the occasional tourist,
Séamus bringing his cow up from the field in the evening time, and odd cat or
dog here and there. And after that, the sounds of the sea, the plaintive calls of the
gulls, the wind in the trees, and a few words or some laughter blown from a
distant conversationwere the only sounds to be heard.
They hadn’t many neighbours, just the O’Sé’s down the road, the O’Buachalla’s,
next door; the next neighbours were at the other side of the island near the pier
where five boats were moored for shelter. Peadar and Moira had two dogs as

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well: a Kerry Blue named, ironically, Dubh, and an Irish wolfhound called Barra.
The butcher, Sean Óg Cáit Jack Rua O’Súilleabháin, was always delighted to see
Moira or Peadar them coming to buy their food for the week! They would go
there every Tuesday at 10.09 exactly and on the third Tuesday of every second
month, they’d put in an additional order because on the Wednesday after that,
they always had a big crowd of relations coming for dinner from the mainland…
Back to the dogs now.. sorry, I’m digressing a bit… I do that sometimes! … Barra
was a big dog standing 2 feet 8 inches tall and he weighed about 150 pounds. A
bit of a monster, I’d say, but he had such a lovely personality! Dubh, on the other
hand, was a wild thing and he loved to roam about the open fields near the
cottage.
Unfortunately, their house was blown down in a hurricane last year on 23
November, and they’ve decided to live in an apartment over Dick Mack’s in
Dingle now. Anyway, look, I could keep going all day telling you all about this
family but right now, I’d love you to be able to tell someone else about Peadar’s
life on the Blaskets and maybe you’d like to write it down and then tell it to
someone else and so on…. Let’s see how much you remember. Try it!
In the completion of the above exercise, there are many details to be
remembered.
1. What do you remember best? And what was easiest to remember?
2. What was more difficult to remember? Why?
3. Were names, amounts, times or dates easier to remember?
4. What would help you to remember some more details?
5. How would that be done?
In about three hours’ time, re-tell the story again, what you remember, and
get someone else to note what you have recalled. Do the same tomorrow…
in a week… in a month…. See what happens! Just recall and note what you
remember as time moves on. NO CHEATING!
You will notice that you don’t remember all the details there. Such were the
problems presented when you try to remember things orally. You forget the little
details while you might remember the broader things which you can picture in
your mind. These are normal difficulties in memory and this is what was facing the
Jewish community throughout generations. How were they going to remember
what they had heard from the time of Moses up to the present day?
A large portion was taught and remembered by heart. It came into being with
Moses heard the commandments, guidelines and rules directly from G-d. He
taught them to his student Joshua who taught them to the Zekenim, the elders
of Israel in the days before the kings. The elders passed them on then to Nevi-
im, the prophets who guided Israel in the time of the Kings. They taught the
people at the time of the First Temple and after its Destruction. The prophets
passed the oral Torah on to the Men of the Great Assembly, the 120 sages who
led the Jewish people when they returned to land of Israel after the Babylonian
exile. Aramaic was language of Babylon. The Sages spoke both. Oral Torah
helps us to understand the written Torah.
After the sages, the task of teaching the Jewish people moved to the Zugot

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(pairs), two great teachers who guided the sages and taught the people. These
gathered at meetings and made up the Sanhedrin. President was called the
Nassi. His role was to help Jewish people live according to Torah in love and
peace. The second leader was known as the Av Bet Din, head of court of law. His
role was to help the sages during discussions to make sure proper decisions
were made. Last two Zugot were Hillel and Shammai. Their students had many
arguments. Sages believed everyone’s opinions were important to remember
and understand. They remembered all the words of all the sages even when
there was an argument. They made new rules to protect the Torah and help
Jewish people to connect to G-d. Oral Torah grew over time.
Even after the destruction of the Second Temple, sages continued teaching,
talking, and arguing about how G-d’s will should be done. The sages in the days
after the Zugot were known as the Tannaim (repeaters). They were wise.
Period of Tannaim lasted 5 generations.
MISHNAH
Over time Oral Torah grew very large and people were having difficulty
remembering the content. Rabbi Yehuda Ha Nasi (Judah the Prince), from the
family of Hillel, gathered teachings of Tannaim and made them into small bits of
Torah called mishnayot coming from Hebrew word Shanah meaning repeat. The
whole collection of bits is called the Mishnah. Oral Torah should not usually be
written down but the sages realized if it was not written it would be forgotten, so
the Mishnah was eventually put into writing. At same time HaNasi was
collecting, other sages were collecting also. These are called Baraita, an Aramaic
word meaning ‘outside’. These texts were not put into the mishnah. They are
outside the Mishnah.
The Mishnah teaches the oral traditions by example, presenting actual cases
being brought to judgment, usually along with the debate on the matter and the
judgment that was given by a wise and notable rabbi based on the halacha
(Jewish Law), mitzvot (commandments) and spirit of the teaching ("Torah") that
guided his sentencing. In this way, it brings to everyday reality the practice of the
mitzvot as presented in the Bible, and aims to cover all aspects of human living,
serve as an example for future judgments, and, most important, demonstrate the
exercise of the Biblical laws, which was much needed at the time when the
Second Temple was destroyed (70 CE).
GEMARA
The Mishnah was eventually finished and no further changes were allowed.
Scholars worked very hard to understand them. Amoraim, speakers or
explainers, came after the Tannaim and they explained the mishnayot. They
showed how they were based on the written Torah, compared them, contrasted
them. The discussions of the Amoraim continued for years. Each discussion is
called sugyot and the entire collection is called the Gemara, meaning ‘teaching’
or ‘tradition’. Discussions were collected, arranged and written in Aramaic.
TALMUD
Mishnah and Gemara together are known as the Talmud, ‘the teaching’, in

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Hebrew. Mishnayot are short, sugyot much longer. The Talmud is usually
referred to as the Gemara because it contains more sugyot. It is the one written
authority (codex) secondary (only) to the Tanakh as a basis for the passing of
judgment, a source and a tool for creating laws, and the first of many books to
complement the Bible in certain aspects.
All throughout the development of Oral Torah there were great Jewish
communities and schools of Torah learning, yeshivot, in Babylon. These are set
up where there is study of Talmud in larger communities. In Israel in ancient
times, there were wise amoraim in Jerusalem and Babylon. The Jerusalem
Talmud was not composed in Jerusalem because Jerusalem was destroyed by
the Romans so they wrote it in the north of the country but they called ‘The
Jerusalem Talmud’ because of their desire one day to return to Jerusalem and
study Talmud there. The Romans made life difficult for the Jews who wrote
quickly to record details. Consequently, the Jerusalem Talmud is brief, deep and
difficult. The Amoraim of Babylon had more peace of mind. Discussions took
more time and were clearer. Many from Israel went to Babylon and brought
material from Israel. The Babylonian Talmud has a mixture of both but greater
clarity of thought and expression so that it is more accessible.
Mishnah Sedarim
The Mishnah has six groups called the Sedarim (Orders). They follow one
another in logical order. It is like a map to help you find your way through it.
Sometimes instead of saying Mishnah, the term ‘Shas’ is used. The same word
can also be used to refer to the Talmud.
Zeraim (Seeds): Mishnayot, Torah laws about growing food,
holiness of land of Israel, sharing food with others, not to mix
different types of plants, blessings.
Moed (Times/Festivals): Laws of Shabbat, holidays, fast days
Nashim (Women): Laws of marriage and divorce, some forms
of oaths and the laws for the Nazirites
Nezikin (Damages): Laws of money and other valuable things
that belong to a person, criminal and civil law, courts

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Kodashim (Holy Things): Sacrifices offered in Temple, dietary
laws
Pure Things: How to become spiritually clean and pure; dipping
in a mikveh; washing hands before you eat food etc., laws of
purity
Masechtot
Each of the sedarim is made up of masechtot. The mishnayot in each masechet
are connected and attached to each other. Each masechet is made up of chapters
and has a particular subject it teaches. These sections and sub-sections are all
named. Each volume of the Talmud was hand-written originally by scribes.
Sefer (Book) Structure:
Cover Inscription: Babylonian Talmud
Inside: Place for you to write your name so if you loose it, it will be returned
to you.
Two prayers in the inside cover or in the front flap. The first is said before
you read; the second after you finish.
The Gate Page, Daf Hasha’ar: Passing through it brings you into the subject.
It reminds you that it is a gate to G-d which the righteous will enter. It’s
partly closed with fence so not everyone gets through. Not everyone really
understands it. It depends on why you learn i.e. in order to get close to G-d
and not so that you will be greatly renowned. On top of the gate there are
two lions, one smiling, one sad; after you’ve learned you might feel happy for
what you’ve accomplished or you might feel sad because of all you still have
to do. In the centre of the gate is the name of the masechet.
The ‘What’s in it’ page which tells you all the commentaries included in the
Gemara
A word… carefully chosen so it shines like a diamond begins the chapters.
MIDRASH
Midrash is a tool of interpretation which assumes that every word, letter, and
even stroke of the pen in the Torah has meaning. Midrash Aggadah focuses on
biblical narratives, Midrash Halakhah interprets legal passages. In modern times,
midrash can include any retellings, additions, or twists on Torah stories.
ORAL TORAH SUMMARY
REVELATION OF G-D

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MOSES (1571-1451 BCE)
JOSHUA/YEHOSH’UA (1500-1390 BCE)
ZEKENIM
(Elders of Israel)
NEVI’IM (1200-515BCE)
(Prophets from time of Joshua to Malachi)
ANSHEI KNESSET HaGEDOLAH
(Men of the Great Assembly)
ZUGOT (Pairs)
(e.g. Hillel and Shammai)
TANNAIM (10-220 CE)
(‘Repeaters’ whose views were recorded in Mishnah)
YEHUDA HaNASI (Judah the Prince; b. 135 CE)
(Compiled the Mishnah)
AMORAIM (200-500 CE)
(‘Speakers’ Discussed the Mishnah)
GEMARA
(Collections of discussions called sugyot)
JERUSALEM TALMUD
(Written north of Jerusalem because of Roman persecution: written in very
stressed and violent context; had to be written quickly; no time to explore
matters in detail; short; dense)
BABYLONIAN TALMUD
(Written in Babylonian: no stress here; more relaxed environment; more time to
discuss issues; greater clarity; has material from Jerusalem Talmud)
TORT LAW
A tort, in common law jurisdictions, is a civil wrong. Tort law deals with
situations where a person's behaviour has unfairly caused someone else to suffer
loss or harm. A tort is not necessarily an illegal act but causes harm. The law
allows anyone who is harmed to recover their loss.

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Tort law is different from criminal law, which deals with situations where a
person's actions cause harm to society in general. A claim in tort may be brought
by anyone who has suffered loss after suing a civil law suit. Criminal cases tend
to be brought by the state, although private prosecutions are possible.
Baba Kamma ("The First Gate") is the first of a series of three Talmudic
tractates (books of the Talmud) in the order Nezikin ("Damages") that deal with
civil matters such as damages and torts. The other two of these tractates are
Baba Metzia and Baba Batra: originally all three formed a single tractate called
Nezikin, each "Baba" meaning "part" or "subdivision". Baba Kamma discusses
various forms of damage and the compensation owed for them.
Biblical laws dealing with the cases discussed in Baba Kamma are contained in
the following passages: Exodus 21:18-19, and Exodus 21:24-22:5. The principle
that underlies the legislation in this respect is expressed by the sentence, "He
that kindled the fire shall surely make restitution". Exodus 22:5
Baba Kamma consists of ten chapters, which may be grouped as follows: damage
caused without criminality (chaps. i-vi); damage caused by a criminal act (chaps.
vii-x).
There are three types of damages caused by a criminal act:
(1) by theft (ch. vii.);
(2) by violence (ch. viii.);
(3) by robbery (ch. ix.-x.).
(1) "If a man steal an ox or a lamb and slaughter the same or sell it, five cattle
shall he pay for the ox and four sheep for the lamb" (Exodus 21:37). The
regulations as to how to apply this law under various circumstances are
contained in chapter vii. 1-6.
(2) The compensation for injuries as the result of violence is discussed in chapter
viii. Such compensation includes five items: for the permanent loss ("nezeḳ "), if
any, in earning capacity; loss of time ("shebet"); pain ("ẓ a'ar"); cost of the cure
("rippuy"); and insult ("boshet"). The scale of compensation for an insult, as given
in the Mishnah, seems to indicate the maximum compensation, for the Mishnah
adds, "The principle is that the amount depends on the injured man's station in
life." Rabbi Akiba, however, opposed this principle, and desired to have one
measure for all. A practical case decided by Rabbi Akiba is then cited (viii. 7). In
addition to all the compensation paid, the offender must beg the injured man's
pardon.
(3) He who has robbed his neighbour, and desires to make restitution, pays the
full value of the thing taken and a fine of one-fifth of its value. (Lev 5:21-24 [A. V.
vi. 2-5]). If the things taken by robbery have undergone a change, he pays
according to the value the things had at the time of the robbery (ch. ix.). The last
chapter considers cases in which the things taken are no longer in the hands of
the robber, and concludes with the warning not to buy things suspected to be
stolen. With the exception of chap. vii. 7 (on certain restrictions with regard to
the rearing of cattle or poultry in Palestine), there are neither halakic nor

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haggadic digressions in this tractate.
(If you would like to see some of the items for discussion in the Bava Kamma, you can see it in
English in the following website:
http://www.come-and-hear.com/babakamma/babakamma_0.html)
THE CASE OF THE GORING OX (Talmud Tractate Baba Kamma, Chapter IV)
Here is the case of the Ox. If an ox comes and gores another ox, or a number of
oxen, what happens? Think about this first… What are the issues? Who or what
would be affected? Let us take the goring ox and see what might be the issues
there:
The goring ox
In the case of the goring ox, what
may have given rise to the incident?
Was the ox provoked?
Who owns the ox?
On whose land does the incident
occur?
Who bears responsibility?
How are the owners of the injured parties to be compensated?
These are the kind of issues that are discussed in the Talmud and they refer to
situations which were relevant to the times in which they were written which is
why you see reference to oxen etc. and agricultural environments. However, while
the environment of our world in the 21st century has changed, the manner of
exploring the issues, discussing them, seeing the situation from all perspectives, is
still relevant today in how legal systems operate. One of the more famous
situations of tort law to be discussed is the goring ox and is discussed in the
Talmud. The situation here would be in the category of damages caused without
criminality. Below is a summary of these discussions of the issues.
(If you want to see the full discussions from the Talmud Tractate Baba Kamma, check out the
following website:
http://www.come-and-hear.com/babakamma/babakamma_36.html#chapter_iv)
(Information below is from http://www.daatemet.org/issues.cfm?ISSUE_ID=281)
What is the rule for an ox which gored an ox, another ox, a third ox, and then a
donkey and a camel? In the era of Chazal (the sages) the economy was based on
a pastoral, agrarian society. Therefore oxen and other domesticated animals
were common in the streets of towns and villages. By their nature animals harm
each other, and often oxen gore one another and various other animals.
Therefore the Torah, the Mishnah, and the Talmud dealt at length with the laws
of damages caused by oxen. It is written in the Torah, "If it be known that the ox
has gored in the past [what the sages call a "warned ox"] and his owner has not
kept him in, he shall surely pay ox for ox" (Exodus 21:36). But if the ox has gored
for the very first time, its owner pays half the cost of the damage. It is written in

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the Torah, "If one man's ox hurts another's, causing its death, then they shall sell
the live ox and divide the money from it." When is an ox to be considered
"warned"? The sages ruled that it earns that designation after three incidents of
goring. Mounds of discussion in the Talmud revolve around the designation of a
warned ox. Thus, for example, the sages ruled that an ox which has gored three
oxen is warned only about oxen, but is not warned about camels and donkeys; in
regard to them it is considered an "innocent" ox (and its owner only pays half the
damages). What is the rule if the ox gores only on the Sabbath? If it gores on
three consecutive Sabbaths it is warned only about Sabbaths, so if this ox then
gores on a weekday, it is considered an innocent ox (and its owner only pays
half the damages). If the ox gored three different kind of animals, it is warned
about all animals (for example, if an ox gored an ox, a camel, and a donkey). The
scholars ask what the rule is for an ox which gored an ox, another ox, a third ox, a
donkey, and then a camel. How is this ox to be judged: as warned about oxen
only, or as warned about all animals? What are the issues under debate? On one
hand, after the ox gored three oxen in a row, he is warned about oxen only. On
the other hand, one could argue that it gored an ox, a donkey, and a camel, and so
is to be warned about all animals. Is the third ox part of a series of oxen, along
with the first two oxen (in which case the ox would be warned only about oxen),
or part of a series of three types of animals, along with the donkey and the camel
(in which case it would be warned about all animals)? (This question was not
resolved in the Talmud.) (Babylonian Talmud, Tractate Baba Kamma 37a-b)
ISSUES IN THE OX CASE: SUMMARY BOX
The ox gores another ox.
Is this the first time the ox has gored an ox?
If it is, then what can we say to the owner about his responsibility?
Or has this ox gored before, in which case the owner has been issued a warning?
If that is the case, what is the injury and the compensation?
If the ox attacks another ox or two or three or more oxen, then what happens?
A warning is given to the owner should the same ox attack other oxen
But what if the goring ox attacks a donkey? A camel? Then what happens?
Then the owner gets a warning about his ox attacking all animals.
What if the ox gores on a Sabbath?
On consecutive Sabbaths?
On weekdays?
Now, think of a contemporary issue which might occur for which the same
principles apply to the discussions. What would the Talmud have to say to
that issue?