the decision, grew so voluminous that it became
gradually impossible to retain the complex tradition in the
memory--remarkable as the Oriental memory was and is. That fact, added
to the growing persecutions from Israel's over-lords, and the consequent
precarious fate of these precious traditions, made it necessary to write
them down in spite of the prejudice against committing the oral law to
writing at all. This work was undertaken by Rav Asche and his disciples,
and was completed before the year 500. The Mishnah, together with the
laws that later grew out of it, called also Gamara, or Commentary, form
the Talmud. While the Palestinian school evolved a Gamara from the
Mishnah which is called the "Palestinian Talmud," it was the tradition
of the Babylonian academies, far vaster because they continued for so
many more centuries, that is the Talmud _per se_, that great work of
2,947 folio leaves. Were we to continue the tradition further, we might
show how often this vast legal compilation was the subject of further
commentary, discussion and deduction by yet later scholars. But that
takes us beyond our theme and is another story.

In forming an estimate of these laws, we must first remember that they
belonged to the days when religion and state were one. So we shall find
priestly laws mixed up with police laws, sanitary regulations side by
side with regulations of sanctity, the injunctions teaching political
economy and morality almost in the same line. It should rather then be
compared to codes of law than to religious scriptures, though often
there the comparison would be incomplete, since the religious atmosphere
pervaded even the most secular circumstance of the life of the Jew.
There was no secular. The meanest function in life must be brought in
relation to the great Divine. This must be understood in studying the
Talmud, this must be understood in studying the Jew. As law, it compares
favorably with the Roman code--its contemporary in part. In the
treatment of a criminal it is almost quixotically humane. It abhors the
shedding of blood, and no man can be put to death on circumstantial
evidence. Many of its injunctions are intensely minute and
hair-splitting to the extreme of casuistry. Yet these elements are
familiar in the interpretation of law, not only in the olden time, but
in some measure even to-day. There are instances where Talmudic law is
tenderer than the Biblical; for example, the _lex talionis_ is softe