The Mishnah, the first written work of Jewish oral tradition, contains in its fourth book, «Nezikin,» which means «damages,» everything related to civil and commercial law. In the Talmud, ten tractates comment on the topics discussed in Nezikin. And for civil law alone, three of those ten were required. These tractates are: Bava Kamma, which means «the first gate,» deals with damages to persons and their property, loans and interest, and stolen goods; Bava Metzia, «the middle gate,» deals with lost and recovered property, fraud, usury, buying and selling, leasing, and the rights of wage earners; and Bava Batra, «the last gate,» deals with real estate, possessions, inheritances, partnerships, evidence, and testimony.

The Shulchan Aruch, the most widely used code of laws and precepts in Judaism, codifies in its fourth and final book, Choshen Mishpat, «Body of Judgment,» the laws of public, criminal, and private law discussed by our sages in Nezikin and its ten tractates in the Talmud. Choshen Mishpat is the least known of the four books of the Shulchan Aruch, for the simple fact that it is rarely used in daily Jewish practice. In most cases, when a legal matter arises, these are resolved within the laws of the country of residence.

Jewish civil law is a rather complicated subject. Not so much because of the number of laws it comprises, which are many, but because of its moral undertones. People are very zealous in defending their property. But this defense cannot be seen in isolation from the general moral code that governs the well-being of the entire society. Jewish law seeks, in a just and practical way, to strike a balance between the well-being of society at large and the property rights of an individual. This is the ethical foundation of civil law, as set forth by our sages.

Where do these commandments come from? From verses in the Torah, such as Exodus 22:9: «In every kind of fraud, whether it concerns an ox, a donkey, a sheep, garments, or anything lost, of which it may be said, ‘This is it,’ the case of both shall be brought before the judges; and whoever the judges find guilty shall pay double to his neighbor.” Some scholars, such as Frankel, believe that most of the legal cases dealt with in Talmudic law are similar to those in the Roman code. It should be remembered that the Mishnah was compiled during the time of Roman rule. But there is an important difference between the two codes: the Roman method seeks a single universal legal principle, while the Talmud is distinguished by legal promulgations based on specific cases, presented with precision and creativity, but with an ethical foundation.

By Marcos Gojman

Bibliography: The Jewish Encyclopedia, The Steinzalt edition of the Talmud, and other sources.