Nezikin
Encyclopedia
For Jewish law on damages, see Damages (Jewish law)
Nezikin (Hebrew
: נזיקין, Damages Neziqin) or Seder Nezikin (סדר נזיקין, The Order of Damages) is the fourth Order
of the Mishna (also the Tosefta
and Talmud
). It deals largely with Jewish criminal and civil law and the Jewish court system
.
Nezikin contains ten volumes (or "tractates"):
Originally, the first three volumes were counted as one single, very lengthy volume. Since it was the chief repository of "civil" law, it was simply called Massekhet Nezikin ("Tractate Damages"). The traditional reasoning for the order of the volumes of Nezikin is as follows: The Order begins with civil law (the first 3 tractates) because it is considered the cornerstone of righteousness within a Jewish state. Sanhedrin naturally follows, as it deals with criminal law. Next comes Makkot, as it is a continuation of Sanhedrin's subject matter in terms of criminal procedure. Then, Shevuot, which continues the general topic dealt with in Makkot of the false testimony. After outlining the main points of civil and criminal law, Eduyot follows to fit it all into a halakhic framework. After dealing with "damages" within a society, the next stage is Avodah Zarah placed after to highlight what is seen as behaviour that inflicts damage on the universe. Avot is probably placed next to counteract the negativity of the laws of Avodah Zarah and to relate maxims of the Sages, an essential aspect of whose teaching was to counteract idolatry. Finally, Horayot brings the discussion from lofty heights to a humble note, highlighting the concept that even the Sages and battei din
can err.
There is both a Babylonian and Jerusalem Talmud to each of the tractates except for Eduyot and Avot. This is probably because these two tractates aren't concerned with individual laws and therefore don't lend themselves to a Gemara
style analysis.
Damages (Jewish law)
In Jewish law, damages covers a range of jurisprudential topics that roughly correspond in secular law to torts. Jewish law on damages is grounded partly on the Written Torah, the Hebrew Bible, and partly on the Oral Torah, centered primarily in the Mishnaic Order of Nezikin...
Nezikin (Hebrew
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
: נזיקין, Damages Neziqin) or Seder Nezikin (סדר נזיקין, The Order of Damages) is the fourth Order
Seder
Seder is a Hebrew word meaning "order" or "sequence", and can have any of the following meanings:For Jewish holidays*Passover Seder, a ritualized dinner observed during Passover...
of the Mishna (also the Tosefta
Tosefta
The Tosefta is a compilation of the Jewish oral law from the period of the Mishnah.-Overview:...
and Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
). It deals largely with Jewish criminal and civil law and the Jewish court system
Beth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
.
Nezikin contains ten volumes (or "tractates"):
- Bava KammaBava KammaBava Kamma is the first of a series of three Talmudic tractates in the order Nezikin that deal with civil matters such as damages and torts...
(בבא קמא, First Gate) deals with civil matters, largely damages and compensation. 10 chapters. (See also ShomerShomerA shomer in Halacha is a Jewish legal guardian, entrusted with the custody and care of another's object.The laws of shomrim are derived from the Torah in Shemot 22:6-14...
) - Bava MetziaBava MetziaBava Metzia is the second of the first three Talmudic tractates in the order of Nezikin , the other two being Bava Kamma and Bava Batra. Originally all three formed a single tractate called Nezikin , each Bava being a Part or subdivision...
(בבא מציעא, Middle Gate) deals with civil matters, largely torts and property law. 10 chapters. - Bava BatraBava BatraBava Batra is the third of the three tractates in the Talmud in the order Nezikin; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's oral law...
(בבא בתרא, Last Gate) deals with civil matters, largely land ownership. 10 chapters. - SanhedrinSanhedrin (Talmud)Sanhedrin is one of ten tractates of Seder Nezikin . It originally formed one tractate with Makkot, which also deals with criminal law...
(סנהדרין, The SanhedrinSanhedrinThe Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...
) deals with the rules of court proceedings in the SanhedrinSanhedrinThe Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...
, the death penalty, and other criminal matters. 11 chapters. - MakkotMakkotMakkot is a book of the Mishnah and Talmud. It is the fifth volume of the book of Nezikin. Makkot deals primarily with laws of Jewish courts and the punishments which they may administer, and may be regarded as a continuation of tractate Sanhedrin, of which it originally formed part.Included in...
(מכות, Lashes) deals with collusive witnesses, cities of refugeCities of RefugeThe Cities of Refuge were towns in the Kingdom of Israel and Kingdom of Judah in which the perpetrators of manslaughter could claim the right of asylum; outside of these cities, blood vengeance against such perpetrators was allowed by law...
and the punishment of lashes. 3 chapters. - Shevu'otShevu'otShevu'ot or Shevuot is a book of the Mishnah and Talmud. It is the sixth volume of the book of Nezikin. Shevu'ot deals primarily with the laws of oaths in halakha ....
(שבועות, Oaths) deals with the various types of oaths and their consequences. 8 chapters. - Eduyot (עדויות, Testimonies) presents case studies of legal disputes in Mishnaic times and the miscellaneous testimonies that illustrate various Sages and principles of halakhaHalakhaHalakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
. 8 chapters. - Avodah ZarahAvodah ZarahAvodah Zarah is the name of a tractate in the Talmud, located in Nezikin, the fourth Order of the Talmud dealing with damages...
(עבודה זרה, Foreign worship) deals with the laws of interactions between Jews and Gentiles and/or idolaters (from a Jewish perspective). 5 chapters. - AvotPirkei AvothPirkei Avot , which translates to English as Chapters of the Fathers is a compilation of the ethical teachings and maxims of the Rabbis of the Mishnaic period. Because of its contents, it is also called Ethics of the Fathers. The teachings of Pirkei Avot appear in the Mishnaic tractate of Avot,...
(אבות, Fathers) is a collection of the Sages' favourite ethical maxims. 6 chapters. - HorayotHorayotHorayot is the final tractate of Seder Nezikin in the Talmud. It discusses laws pertaining to errors in judgment by a Jewish court....
(הוריות, Decisions) deals with the communal sin-offering brought for major errors by the Sanhedrin. 3 chapters.
Originally, the first three volumes were counted as one single, very lengthy volume. Since it was the chief repository of "civil" law, it was simply called Massekhet Nezikin ("Tractate Damages"). The traditional reasoning for the order of the volumes of Nezikin is as follows: The Order begins with civil law (the first 3 tractates) because it is considered the cornerstone of righteousness within a Jewish state. Sanhedrin naturally follows, as it deals with criminal law. Next comes Makkot, as it is a continuation of Sanhedrin's subject matter in terms of criminal procedure. Then, Shevuot, which continues the general topic dealt with in Makkot of the false testimony. After outlining the main points of civil and criminal law, Eduyot follows to fit it all into a halakhic framework. After dealing with "damages" within a society, the next stage is Avodah Zarah placed after to highlight what is seen as behaviour that inflicts damage on the universe. Avot is probably placed next to counteract the negativity of the laws of Avodah Zarah and to relate maxims of the Sages, an essential aspect of whose teaching was to counteract idolatry. Finally, Horayot brings the discussion from lofty heights to a humble note, highlighting the concept that even the Sages and battei din
Beth din
A beth din, bet din, beit din or beis din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel...
can err.
There is both a Babylonian and Jerusalem Talmud to each of the tractates except for Eduyot and Avot. This is probably because these two tractates aren't concerned with individual laws and therefore don't lend themselves to a Gemara
Gemara
The Gemara is the component of the Talmud comprising rabbinical analysis of and commentary on the Mishnah. After the Mishnah was published by Rabbi Judah the Prince The Gemara (also transliterated Gemora or, less commonly, Gemorra; from Aramaic גמרא gamar; literally, "[to] study" or "learning by...
style analysis.