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TRACES OF RABBINICAL MARITIME LAW AND CUSTOM * by S. M. PASSAMANECK (Los Angeles) The story of civilization is associated with landsmen, and *) Several of the terms and proper names used below require some brief explan- ation. The basic source for rabbinical law is the Talmud (plural: Talmudim). There are two Talmudim, the Babylonian and the Palestinian (Jerusalemite); however, the word Talmud, without further identification, refers to the Babylonian Talmud. Both Talmudim are largely legal in content, but they contain much material of non- legal character, e.g., biblical exegesis, moral philosophy, folklore, etc. The general term for rabbinical law is halakhah (adjective: halakhic). The Talmudim themselves are composed of two basic elements: the Mishnah (edited in Palestine c. 200 C. E. by Rabbi Judah the Prince) and the Gemara. The Gemara of the Palestinian Talmud was redacted in the late fourth century and the Babylonian Gemara, about 100 years later. The word Mishnah means, "teaching" or "oral repetition" and the word Gemara means "the discussion". In the Babylon- ian Talmud, a brief paragraph of Mishnah is first cited and the Gemara to the Mishnah follows directly. The authorities of the Mishnah are the Tannaim, "teach- ers" ;
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1966
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