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Baraita of the Forty-nine Rules

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Authorship and character

Ibn Ezra mentions R. Nathan as the author of the Baraita. Zunz showed, by referring to a number of passages in the Talmud, that the tanna R. Nathan, in both halakhah and aggadah, was accustomed to group things arithmetically, and to arrange his sayings accordingly. On this basis, Zunz conjectured that "this lost work of R. Nathan contained a large portion of his Mishnah, and was arranged in rubrics from one to forty-nine; so that each rubric, under the introductory formula "Middah," mentioned halakhic, aggadic, and, in general, scientific subjects which belonged in that particular place in regard to number".

From the few fragments of this Baraita preserved by the above-mentioned authors, only one fact pertaining to its character can be ascertained, viz., that it contained aggadic as well as halakhic matter, especially halakhic topic which involve exact measurement; for instance, the measurement of the Tabernacle and its furnishings. If from these short fragments an opinion could be formed concerning the composition of the Baraita, Zunz's assumption would be justified that it contained aggadah and halakhah numerically arranged. Another assumption of his, however, that it represents the "Mishnat R. Nathan" mentioned elsewhere, is highly improbable; R. Nathan's Mishnah was in all likelihood only a version of Akiva's Mishnah differing from the authoritative Mishnah. Against Zunz's opinion, compare Eliakim Milsahagi.

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