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Nashim

Nashim ("Women") is the third order of the Mishnah (also of the Tosefta and Talmud), containing the laws related to women and family life. Of the six orders of the Mishna, it is the second shortest. The order consists of 7 tractates:

  1. Yevamot: ("Levirates"); Deals with levirate marriage (Deut 15) and other topics, such as the status of minors. 16 chapters
  2. Ketubot: ("Marriage Contracts"); Deals with the Ketubah - the world's first "pre-nuptial" agreement, as well as topics such as virginity and the obligations of a couple towards each other. 13 chapters
  3. Nedarim: ("Vows"); Deals with various types of vows and their legal consequences. 11 chapters
  4. Nazir: ("One who abstains"); Deals with the details of the Nazirite vow and being a Nazirite (Num 6). 9 chapters
  5. Sotah: ("One who goes astray"); Deals with the ritual of the Sotah - the woman suspected of adultery (Num 6) as well as other rituals involving a spoken formula (such as breaking the heifer's neck). 9 chapters
  6. Gittin: ("Bills of Divorce"); Deals with the concepts of divorce, the legal document and the use of agents in divorce. 9 chapters
  7. Kiddushin: ("Betrothal"); Deals with the initial stage of marriage - betrothal, as well as the laws of Jewish lineages. 4 chapters

The traditional reasoning for the order of tractes (according to Rambam) is as follows. Yevamot is first because unlike the others, it is largely concerned with a compulsory commandment (levirate marriage) as opposed to a voluntary one. Ketubot follows as it signifies the beginning of married life. Nedarim follows because once a man is married to a woman, he has the legal right (under certain conditions) to annul her vows. Nazir, dealing with a special type of vow is a continuation on the subject of vows. The final section deals with the end of a marriage with Sotah which is concerned with infidelity and Gittin which is about actual divorce (Rambam's order swaps these two). Finally, Kiddushin is at the end because it follows the Scriptural order that once a woman is divorced, she can get betrothed to any man, this subsequent betrothal symbolised by the placement of Kiddushin.

Both the Babylonian and Jerusalem Talmud have a Gemara on each of the tractates in the Order.

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10-26-2009 08:16:03
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