3. D' Nashim.

Of Women-of marriages and divorces, and of the duties, and other circumstances relative to women. Of damages, by man or beaft, and of their punishment and compenfation.

.Nezikim נזיקים .

5. pp Kodafhim. Of holy things-of facrifices, and facred rites. Tahoroth. Of purifications-of the cleanfing and pollution of veffels, and other uncleanneffes.

6.

Each 770 Seder is divided into Maffictoth, or tracts, each Maffecheth into Pirke, or Chapters, and each Perek into Conftitutions or Sections.

I. The order of Seeds contains 11 Tracts.

Hilcoth

1. Berachoth Bleffings. Conftitutions corverning the repeating the yo Shema: prayers and thanksgivings for the fruits of the earth, and all other benefits, with directions how and when they are to be ufed. Chapters 9.-Hilcoth 57.

2.

Peah. The corner to be left in a corn-field for the poor to glean: of the gleaning of the vintage, and of the poor's tythe. Ĉ. 8.-H. 70. 3. ' Demai. Things doubtful; i. e. whether they have been tythed or not. C. 7.-H. 53.

4. ' Čilaim. Heterogeneous mixtures. Prohibitions against mixing together two or more things of different foils. C. 9. H. 77.

5. a Sheviith. The 7th Year. Of the laws of the 7th year, in which the earth was to reft, and of the difpofal of the produce of that year. C. 10. H. 89.

6. Terumoth. Offerings which were to be made and offered as facred to the priest; who are allowed to make them, and who not; and from what it is lawful to make them, and from what unlawful. C. 11. H. 101.

7. Maaferoth. Tythes. Of the firft tythes, which were given to the Levites, and of what things. C. 5. H. 40.

8. Maafer fheni. The fecond Tythe, which the Levites gave to the priest: to be confumed at Jerufalem. C. 5. II. 57.

9. Hhallah. The Cake of dough to be given to the prieft: from what fpecies of grain it was to be given. C. 4. H. 38.

10. Orlah. The Foreskin. Of uncircumcifed fruit trees, whose fruit for the three firft years was not to be eaten. C. 3. H. 35.

11. Biccurim. First Fruits. Of what things, and in what manner, the first fruits were to be offered. C. 4. H. 39,

II. The order of Solemn Feafts contains 12 Tracts.

1. Schabbath. The Sabbath. Of the privileges and prohibitions of the Sabbath of the fabbatical lamps, and the manner in which they are to be lighted: of the ornaments with which a perfon is fuffered to go out on that day. C. 24. H. 139.

2. Eruvin. Mixtures. Of affociations of families, and of the extenfion of Sabbath days journeys by these mixtures. C. 10. H. 96.

3. Do Pefachim. Pafchal Laws. Of fearching after leaven: of un leavened bread of the eve of the paffover: of the flaying and roafting the pafchal lamb: of the difference between the firft and Jecond paffover. C. io. H. 91.

4.

p Shekalim. The Shekels. Of the half fhekel to be paid annually, by every male of more than 20 years of age. C. S. H. 52. 5. Joma. The Day; called alfo or Jom hakkyphur. The

day

day of atonement. Duties of the high priest of the lots for the two goats a Rights of killing the one goat, and of fending away the fcape goat. C. 8. H. 62.

6. Succa. The Feast of Tabernacles. Of the form in which the booths were to be erected, and of the manner in which the people were to live in them; of the pouring out of the water, and of the golden candlesticks. C. 5. H. 53

7. Betza. The Egg; or, as it is otherwife called, Jom tof. The Feast Day. Of the prohibitions and conceffions on other feast days, befides the Sabbath. C. 5. H. 42.

Rites and fomoon: of the C. 4. H. 35.

8. nn w Rofch Hashana. The beginning of the Year. lemnities to be obferved: of the appearance of the new intercalation of months: of the blowing the trumpets. 9. Taanith. Fafts. Of the various times and manners of fafting. C. 4. H. 34.

10. a Megilla. The Roll. Of the feast of Purim, and reading the Book of Efther. C. 4. H. 32.

11. op Moed katon. The Leffer Solemn Feast Days; i. e. the intermediate days between the first and last day of the paffover, and the feast of tabernacles. C. 3. H. 24.

12. nan Hhagiga. Feftivity. Days of appearance of males three times a year before the Lord: who are exempted from this appearance. C. 3. H. 23.

III. The Order of Women contains 7 Tracts.

1. Jevammoth. Duty of husband's brothers towards their deceafed brothers wives. Ceremonies with which marriages of this fort are performed. C. 16. H. 128.

2. an Cethuwoth. Marriage Contracts. Of the portions and rights of wives. C. 13. H. 111.

3. Nedarim. Vows: what are obligatory, and what not: thefe who are allowed, and those who are prohibited to make them. C. II. 90.

H.

4. Nazer. The Nazariie. Of the different forts of Nazarites: the duration of their vow, and of their abftinence from various things. C. 9. H. 60.

5. a Gittin. Divorces. In what manner a bill of divorce is to be written, and how offered. C. 9. H. 75:

6. Sota. The Sufpected Woman. In what manner the is to be tried, and how the bitter water is to be drunk. C. 9. H. 67.

7. p Kiddufchin. Efponfals. Of the different ways in which a wife is lawfully taken. C. 4. H. 47.

IV. The order of damages contains 10 tracts.

1. NOP N Bava kama. The fof gate. Concerning damages done by man or beast, and their compenfation. C. 10. H. 79.

בבא קמא

The middle gate. Of the reftitution of things found: of trufts: of ufy and intereft: of bargains, lending and borrowing. C. 10. H. 101.

3. Bava bathra. laft gate. Of trades, of inheritances and fucceffions of buying and felling. C. 10. H. 86.

4.

Sanhedrin. The Council. Of pecuniary and capital proceffes; of the examination of witneffes; of the four capital punishments: of

the

the Ifraelites, who fall have no inheritance in the world to come.

C. 11. H. 71.

5.

Maccoth. Stripes. Of the punishment of crimes not capital.

C. 3. H. 34. 6. my

Shevuoth. Oaths. C. 8. H. 62.

.Edajoth ערות .7

C. 8. H. 73.

Teftimonies. The decifion of controverted cafes.

8. Avoda Zara. Strange, or idolatrous worship, called also,

-Avo עבודת כוכבים Avodath Elilim. The worship of Idols, and עבודת אלילים

dath Cochavim. The worship of the Stars. C. 5. H. 50.

9. mas Avoth. The Fathers. Of the fucceffion of tradition, and various apophthegms of the Jewish fathers. C. 6. H. 107.

10. Horajoth. Inftructions. Of the revifion of erroneous decifrons. C. 3. H. 20.

V. The order of holy things contains II tracts.

1. Zevachim. Sacrifices. Ceremonies relating to their fpecies, and the time and manner of killing and offering them. C. 14. H. 99. 2. nn Menachoth. Gifts, or meat-offerings. Circumftances requifite in making thefe offerings; ceremonies relating to the wave-fheaf, and to the fhew-bread. C. 13. H. 93.

3. Hholin. Things profane. Rules for killing birds or beafts for the facrifices of things torn: of animals clean and unclean. C. 12. H. 74.

4. Becoroth. The firft born. Of the redemption of the firft born: of blemishes in firftlings: of tithing cattle. C. 9. H. 73.

5. Erachin. Eftimations of things confecrated or vowed to God. C. 9. H. 50.

1

6. . Temurah. Exchange of one facrifice for another: what may be exchanged, and what may not. C. 7. H. 35.

7. Cerithuth. The cutting off of fouls: fins which incur this penalty: atonement for fins of ignorance. C. 6. H. 43.

.Tamid תמיד .

8. Meilah. Trefpaffes in holy things. C. 6. H. 38. The daily facrifice. Of the fervice of the altar: cere monies in killing the lamb. C. 7. H. 34.

10. Middoth. Meafures of the temple: its ornaments. C. 5.

H. 33.

11. p Kinnim. Birds-nefts. Of offering birds in facrifices. C. 3. H. 15.

VI. The order of purifications contains 12 tracts.

1. Celim. Veffets. Of the cleannefs, pollution, and manner of purification of household utenfils. C. 30. H. 254.

2. Oholoth. Tents. Of pollution from dead bodies and sepulchres. C. 18. H. 144.

3.

Negaim. Plagues of leprofy in men, garments, and houfes. C. 14. H. 114.

4. Parah. The heifer. Of the purification of one polluted by the dead by the ashes of the red heifer. C. 12. H. 95.

5. Tahoroth. Purifications. Of uncleanneffes, contracted from other fources than the dead. C. 10. H. 92.

6. nisip Mikvaoth. Collections of water, in which unclean perfons may purify themfelves. C. 10. H. 71.

נדה .7

7.77 Nidda. The menftruous woman. Of all pollutions of women. C. 10. H. 79.

8.

9.

5. H.

1. 32.

Machhirin. Liquids difpofing to pollution. C.6. H. 54. Zavim. Thofe whofe feed hath gone from them. C. Tevul jom. He that is washed by day. Of purification from uncleannefs. C. 4. H. 26.

11. Jadim. Hands. Of the manner of washing the hands before meals. C. 4. H. 22.

12. ypy. Oketzim. Foot-Stalks. Of the pollution of fruits whose ftalk touches any thing unclean. C. 3. H. 28.

*Thus the fix orders contain 63 tracts, 525 chapters, and 4198 fec

tions.

The judgments and ordinances contained in the Mishna may be ranged under thefe five heads.

1. "Interpretations fuppofed to have been received from Mofes, concerning which there are hints in the written law, or fuch as may be drawn by reasoning from it; but then they are such as have never been contefted; fo that, when once any man faid concerning any thing of this nature, I have received it by tradition, the queftion was at an end.

2. "Determinations, which they call Confiitutions of Mofes from Mount Sinai, which have no proof from any text to back them, but yet have never been difputed.

66

3. Opinions formed upon the feveral ways of reasoning, which were controverted at first, and afterwards determined by the majority. These are properly in cafes where the nature of the things themselves is obfcure, and where there is no tradition.

4. "Decrees made by prophets and wife men, in feveral ages, to be hedges and fences to the law.

5. Conftitutions made in conformity to, and fimilitude of, human laws, in which they do not pretend to add any thing to, or to take from the law itself."

Of these five forts of determinations, the whole traditional law, both in the Mithna and Gemara, confifts. And R. Juda took particular care to specify the divifions upon any head that came before him, and to take notice of the opponents, if there were any, that he might stop the mouths of pofterity, which might otherwife have been scandalifed at him, for afferting dogmatically, in controverted cafes, when they fhould afterwards find that any of thofe things did not pafs without oppofition, efpecially if (what often happened) the decifions of one man, who was found to reafon more exactly than the rest, were received against the multitude; i. e. they receded from their former opinion, and gave into bis.t

(To be continued.)

Maimonides reckons only 60 tracts; but then it is to be obferved, that, in his time, the tracts, Bava Kama, Bava Bathra, and Bava Metzia, were reckoned as one. Buxtorf, and, after him, Jof. Voifin, reckon only 524 chapters (contrary to Maimonides' cálculation) arifing from their counting only 6 inftead of chapters in Tamid.

Wotton from Maimonides.

IN

ON RELIGIOUS ESTABLISHMENTS.

TO THE EDITORS OF THE ORTHODOX CHURCHMAN'S MAGAZINE. GENTLEMEN,

an age like the prefent, when RELIGIOUS ESTABLISHMENTS have been razed to their foundations, in a neighbouring kingdom, and the like attempts have been and ftill continue to be made to do the fame thing in this country, and in most other countries on the face of the civilized part of the globe, a few reflections on this important topic, may neither be unacceptable to your numerous readers, nor irrelevant to the purpose of your useful and excellent Mifcellany. Senfible, indeed, I am of my own inability to treat this subject in the manner I could wish, and as the magnitude of it most truly deferves; but if the following thoughts fhould induce any of your numerous learned Correspondents to difcufs it more at large, it will give me the trueft pleasure.

My fpeculations will be confined to the two following points; 1. The NECESSITY of NATIONAL RELIGIOUS ESTABLISHMENTS; and, 2. The UTILITY of them; and I fhall conclude with a few reflections naturally arifing from the subject.

Το prove the first of these points, it may be useful to turn our thoughts to the contemplation of ANCIENT HISTORY, and it will from thence appear, that fome national religion or other hath been established, not only in thofe civilised states where fociety has been brought to fome degree of refinement, but in those likewise which were the most barbarous and unpolifhed. If it be objected, that, in thefe latter countries, the profeffed religion has been grofs, fenfual, impious, abfurd, and cruel, as might indeed be expected from the ftate of fociety, and therefore thefe inftances can bring little or no fupport to the argument in queftion: it may be replied, that we are not here contending for the truth or purity of the religion which they profeffed, but only for the fact of there having been fome national religion or other, good or bad. But the above objection is the moft unfortunate for their caufe, that our opponents could pottibly bring forward: for if it be true, as beyond the shadow of a doubt or contradiction it is, that nations, countries, or tribes, in the most remote periods of time, although covered with the abominable rites of Heathen Idolatry, and with their minds involved in Egyptian Darkness, have yet had fome national mode of worthip or other, the strongest argument arifes from hence for the abfolute NECESSITY of them: the point alone for which I am here contending. It may be truly afferted, that although the Almighty Creator of Heaven and Earth hath been pleased, (for reafons, which, though hid from the finite comprehenfion of fhort-fighted man, are yet undoubtedly both wife and good) to permit the great enemy of mankind, the DEVIL, thus to delude a great portion of the earth by his diabolical arts, and that alfo for a long fucceffion of ages, yet hath he in no age or country fince the foundation of the world futtered all impreffions of his divine existence to be utterly obliterated from the minds of men; and this univerfal fenfe of God's exiftence, feems to have brought with it an idea, that he delighted to be adored in fome particular manner, in preference to all others. And all nations have had some particular manner, or some national mode of worshipping their Deities. In the PERSIANS, who worshipped the fun; in the Egyptians, who worshipped REPTILES, VEGETABLES, &c.; in the feveral other Heathen nations, which paid divine honours to prepofterous,

fenfelefs,