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Nezikin (Hebrew: נזיקיןNeziqin, "Damages") 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"):
Bava Kamma (בבא קמא, First Gate) deals with civil matters, largely damages and compensation. 10 chapters. (See also Shomer)
Bava Metzia (בבא מציעא, Middle Gate) deals with civil matters, largely torts and property law. 10 chapters.
Bava Batra (בבא בתרא, Last Gate) deals with civil matters, largely land ownership. 10 chapters.
Sanhedrin (סנהדרין, The Sanhedrin) deals with the rules of court proceedings in the Sanhedrin, the death penalty, and other criminal matters. 11 chapters.
Makkot (מכות, Lashes) deals with colluding witnesses, cities of refuge and the punishment of lashes. 3 chapters.
Shevu'ot (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 halakha. 8 chapters.
Avodah Zarah (עבודה זרה, Foreign worship) deals with the laws of interactions between Jews and Gentiles and/or idolaters (from a Jewish perspective). 5 chapters.
Avot (אבות, Fathers) is a collection of the Sages' favourite ethical maxims. 6 chapters.
Horayot (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 behavior 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.
Judah ha-Nasi or Judah I, known simply as Rebbi or Rabbi, was a second-century rabbi and chief redactor and editor of the Mishnah. He lived from approximately 135 to 217 CE. He was a key leader of the Jewish community in Roman-occupied Judea after the Bar Kokhba revolt.
The Mishnah or the Mishna is the first major written collection of the Jewish oral traditions that are known as the Oral Torah. It is also the first major work of rabbinic literature. The Mishnah was redacted by Judah ha-Nasi probably in Beit Shearim or Sepphoris between the ending of the second century and the beginning of the 3rd century CE in a time when, according to the Talmud, the persecution of Jews and the passage of time raised the possibility that the details of the oral traditions of the Pharisees from the Second Temple period would be forgotten. Most of the Mishnah is written in Mishnaic Hebrew, but some parts are in Aramaic.
The Tosafot,Tosafos or Tosfot are medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes.
The Jerusalem Talmud or Palestinian Talmud, also known as the Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century Jewish oral tradition known as the Mishnah. Naming this version of the Talmud after Palestine or the Land of Israel—rather than Jerusalem—is considered more accurate, as the text originated mainly from Galilee in Byzantine Palaestina Secunda rather than from Jerusalem, where no Jews lived at the time.
Capital punishment in traditional Jewish law has been defined in Codes of Jewish law dating back to medieval times, based on a system of oral laws contained in the Babylonian and Jerusalem Talmud, the primary source being the Hebrew Bible. In traditional Jewish law there are four types of capital punishment: a) stoning, b) burning by ingesting molten lead, c) strangling, and d) beheading, each being the punishment for specific offenses. Except in special cases where a king can issue the death penalty, capital punishment in Jewish law cannot be decreed upon a person unless there were a minimum of twenty-three judges (Sanhedrin) adjudicating in that person's trial who, by a majority vote, gave the death sentence, and where there had been at least two competent witnesses who testified before the court that they had seen the litigant commit the offense. Even so, capital punishment does not begin in Jewish law until the court adjudicating in this case had issued the death sentence from a specific place on the Temple Mount in the city of Jerusalem.
Johanan bar Nappaha was a leading rabbi in the early era of the Talmud. He belonged to the second generation of amoraim.
Judah II or Nesi'ah I was a Jewish sage who lived in Tiberias in the Land of Israel, in the middle of the third century CE.
Israel Lewy was a German-Jewish scholar.
Bava Kamma is the first of a series of three Talmudic tractates in the order Nezikin ("Damages") that deal with civil matters such as damages and torts. The other two of these tractates are Bava Metzia and Bava Batra : originally all three formed a single tractate called Nezikin, each "Bava" meaning "part" or "subdivision." Bava Kamma discusses various forms of damage and the compensation owed for them.
Bava Metzia is the second of the first three Talmudic tractates in the order of Nezikin ("Damages"), 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. Bava Metzia discusses civil matters such as property law and usury. It also examines one's obligations to guard lost property that have been found, or property explicitly entrusted to him.
Bava Batra is the third of the three Talmudic 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. Originally it, together with Bava Kamma and Bava Metzia, formed a single tractate called Nezikin.
Sanhedrin is one of ten tractates of Seder Nezikin. It originally formed one tractate with Makkot, which also deals with criminal law. The Gemara of the tractate is noteworthy as precursors to the development of common law principles, for example the presumption of innocence and the rule that a criminal conviction requires the concurrence of twelve.
Makot is a tractate of the Mishnah and Talmud. It is the fifth volume of the order of Nezikin. Makkot deals primarily with laws of the 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.
Horayot is a tractate in Seder Nezikin in the Talmud. In the Mishnah, this is the tenth and last tractate in Nezikin, the ninth tractate in the Babylonian Talmud, and the eighth in the Jerusalem Talmud. It consists of three chapters in the Mishnah and two in the Tosefta. The tractate mainly discusses laws pertaining to erroneous rulings by a Jewish court, as well as unwitting actions performed by leading authorities of the Jewish people, and the sacrificial offerings that might be brought as a consequence of these actions. The conclusion of the tractate (12a-13b) deals with the prioritization of korbanot in the temple and explores the question of how to quantify human life in emergencies.
Jose ben Halafta or Yose ben Halafta was a tanna of the fourth generation. He is the fifth-most-frequently mentioned sage in the Mishnah. Of the many Rabbi Yose's in the Talmud, Yose Ben Halafta is the one who is simply referred to as Rabbi Yose.
Avodah Zarah is the name of a tractate of the Talmud, located in Nezikin, the fourth Order of the Talmud dealing with damages. The main topic of the tractate is laws pertaining to Jews living amongst Gentiles, including regulations about the interaction between Jews and "avodei ha kochavim", which literally interpreted is "Worshipers of the stars", but is most often translated as "idolaters", "pagans", or "heathen."
The House of Hillel and House of Shammai were, among Jewish scholars, two schools of thought during the period of tannaim, named after the sages Hillel and Shammai who founded them. These two schools had vigorous debates on matters of ritual practice, ethics, and theology which were critical for the shaping of the Oral Law and Judaism as it is today.
Rav Hiyya bar Joseph was a Babylonian rabbi of the 3rd century.
Rav Mesharshiya was a Babylonian rabbi, of the fifth generation of amoraim.
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