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2 Although the Mishnah is based upon the Five Books of Moses it scarcely quotes the Torah sources and passages.
3 For an extensive discussion of this topic see Abrams 1998 p. 38
4 Translations of the Mishnah in this essay have been adapted from Neusner1988.
5 See Abrams 1998 p. 49 and pp 56-59 and Eilberg-Schwartz 1986, 196..
6 See Garland 1995 pg.31.
7 For a discussion of this topic and additional sources see Edards Martha , 1996.
8 See Garland 1995 pg. 31.
9 See for example Fullan 1998 pg. 1, Garland 1995 and Edwards 1966.
10 See Garland 1995 pp 63-67.
11 See Turner 1990 p2-3.
12 See Turner 1990 p 5.
13 A katan is considered by rabbinic sources as one who has two pubic hairs and in later documents boys who have reached the age of 13 and girls 12.
14 Although the Torah does deem the marriage of a person with psychological deficiencies with a person of good sense valid the Rabbis permitted it.
15 Give her a divorce.
16 Although one can argue the payment of indignity would suggest the status of the handicapped the Mishnah does not say this but rather reflects the individuals embarrassment rather than the communities.
17 Translated a story of …
18 The Toseftah cites the same law using other examples.
19 There are different translations and interpretations for the word used in Mishnah. The majority of commentators based upon the Babylonian Talmud explain it to be a mask or another form of entertaining object. It would seem that Neusner, preceded by Albek preceded by Rabbi Hananel felt the flow of the Mishanh would suggest an artificial arm. The problem with translating it an artificial arm is that it should not be pure as the artificial leg unless it was flat without a receptacle which is unlikely.
20 The passage reads “If a man meets a virgin who is not betrothed and seizes her and lies with her and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver and she shall be his wife because he has violated her; he may not put her away all his days”.
21 This is referring to a case when one seduces a woman and he then is obligated to marry her irrelevant of her physical being.
22 This Mishnah is also found in Kiddushin 2:5.
23 If the wife demands a divorce.
24 He writes in his Republic (1987, 173), “This then is the kind of medical and judicial provisions for which you will legislate in your state. It will provide treatment for those of your citizens whose physical and psychological constitution is good; as for the others, it will leave the unhealthy to die, and those whose psychological constitution is incurably corrupt it will put to death. That seems to be the best thing for both the individual sufferer and for society”.