ing any of them to do it in his. All these
regulations, which some may conceive as minute and frivolous, show a
great intimacy with the human heart, and a spirit of profound
observation which had been capable of achieving great purposes.
The owner of an innocent beast only pays half the costs for the mischief
incurred. Man is always convict, and for all mischief he does he must
pay full costs. However there are casual damages,--as when a man pours
water accidentally on another man; or makes a thorn-hedge which annoys
his neighbour; or falling down, and another by stumbling on him incurs
harm: how such compensations are to be made. He that has a vessel of
another's in keeping, and removes it, but in the removal breaks it, must
swear to his own integrity; i.e., that he had no design to break it. All
offensive or noisy trades were to be carried on at a certain distance
from a town. Where there is an estate, the sons inherit, and the
daughters are maintained; but if there is not enough for all, the
daughters are maintained, and the sons must get their living as they
can, or even beg. The contrary to this excellent ordination has been
observed in Europe.
These few titles may enable the reader to form a general notion of the
several subjects on which the Mishna treats. The Gemara or Commentary is
often overloaded with ineptitudes and ridiculous subtilties. For
instance, in the article of "Negative Oaths." If a man swears he will
eat no bread, and does eat all sorts of bread, in that case the perjury
is but one; but if he swears that he will eat neither barley, nor
wheaten, nor rye-bread, the perjury is multiplied as he multiplies his
eating of the several sorts.--Again, the Pharisees and the Sadducees had
strong differences about touching the holy writings with their hands.
The doctors ordained that whoever touched the book of the law must not
eat of the truma (first fruits of the wrought produce of the ground),
till they had washed their hands. The reason they gave was this. In
times of persecution, they used to hide those sacred books in secret
places, and good men would lay them out of the way when they had done
reading them. It was possible, then, that these rolls of the law might
be gnawed by _mice_. The hands then that touched these books when they
took them out of the places where they had laid them up, were supposed
to be unclean, so far as to disable them from eating the truma till they
were washed. On that accoun
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