Why is Masechet Eduyot in Seder Nezikin?
As a collection of miscellaneous laws, I realize that it would be difficult to fit into the themes of any of the six sedarim, but I’m wondering if there is a rationale given for why Nezikin was chosen.
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myjewishlearning.com has an article titled "Maimonides on Seder Nezikin" which adapts Maimonides Introduction to His Commentary on the Mishnah (ie the English translation of the Rambam's Introduction to the Mishnah), which states:
After Makkot [R' Yehuda HaNasi] placed tractate Shevu’ot (oaths), because the conclusion of the former tractate and the beginning of this latter tractate deal with similar laws and judgments, as is mentioned in the Talmud. Furthermore, it also pertains to the actions of judges in that only a judge can impose an oath.
Having completed the discussion of civil laws and judges and all that pertains to judges’ actions exclusively in the matter of corporal punishment, and the imposition of oaths, he then describes the subject of Eduyot (testimonies). Most of the topics in this tractate are the enumeration of all the legal testimonies rendered by trustworthy individuals whose decisions are final rulings. This fact is fundamental for the establishment of laws because testimonies are only to be pronounced before a court. Similarly, all testimony from these people is only pronounced before a court. It is placed after tractate Shevu’ot because Shevu’ot deals with matters regularly needed throughout the generations, whereas Eduyot are testimonies pronounced before judges at specific times in the past and which were accepted.
