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Mishna Torah

The Mishna Torah (Mishneh although the spelling is more respectful of the Hebrew ), or Yad haHazaka, was written by one of the most important authorities rabbinical of Judaism , the Rabbi Moshe ben Maimon , the "Rambam" (for Jews ) and "Maimonides" (for Christians ).

This seminal work was compiled between 1170 and 1180 , and is considered his great work.

It consists of 14 books, divided into sections, chapters and paragraphs. It is the only book to date dealing with all the details of the observance of Judaism, including laws can not apply at the time of the Temple. It takes the sum for each law lessons Talmudic , trying to remove the substance halakhic , that is to say the rule to be drawn (literally, "way to go" in the ways of God).

Considered a monument of the halakha , he was repeatedly criticized and commented, some criticizing the Rambam fix the halakha according to his personal opinion in contempt. It is for that book in particular that the other reference is based on halakha, the Shulchan Aruch of Rabbi Yosef Karo.

Summary

/ / Names of the work
  • Mishna Torah ( , "Repetition of the Torah") alludes to the verse 5:18 p.m. of Deuteronomy :
, - - , - , ,
When he (one who has been appointed king of Israel) will sit on the throne of his kingdom, he wrote to himself in a book, a copy of this law, let him take to the priests the Levites.
Mishna Torah also refers to Deuteronomy itself.
  • Yad haHazaka ( , "The Powerful Hand"), the other title by which it often means the work, refers to the number of his books, 14 are in transcribing Hebrew alphanumeric values ("). "Yad "means" Hand ", the" strong hand "referring also to verse 13:9 of the Exodus :
,
Because a mighty hand that God brought you out of Egypt.
And the last verse of Deuteronomy:
, , , -
And for all the prodigies of terror which Moses carries a powerful hand in the eyes of all Israel.
  • Later sources refer to it as the "Maim", "Maimonides" or "Rambam", although Maimonides is composed of other work.

Preface to Mishneh Torah

It consists of four parts:

  • General Introduction: the transmission of the Torah , since it was given to the time of Maimonides
  • Exposure of 613 commandments which were said to Moses on Sinai , their rules, their rules, their exceptions. Maimonides has subdivided into:
    • Positive prescriptions ( ): computation of the 248 requirements to achieve (the Rama "h)
    • Negative prescriptions ( ): computation of requirements (eg lying, killing, stealing)
  • Books Division: table of contents and explanation of the choice.

Purpose of the book, according to Maimonides

"In these times ... the wisdom of our Sages is lost, and our understanding is buried. Comments, responsibility and rules compiled by Geonim became too difficult for our time, and little understood as it should ... That's why I, Moshe son of Rabbi Maimon the Spaniard ... I tried to gather all scattered words in these compilations, in terms of forbidden and permitted, pure and impure with other judgments of the Torah, to write in clear and concise, so that the entire Oral Law is met in its fullness, without difficulty, and without subdivision, and no one reads this, another said that ', but instead of simple sentences, relatives, just, in the opinion that explains everything that is in its compilations and reviews existing since the days of our holy Rebbe until now ... until all judgments are known, for breakfast and for the general, for each prescription, and all the judgments of the Sages and Prophets: The aim of this work is that there is no need for another source, but this work brings together the entire Oral Law, with all the nuances, customs and judgments from Moses our Teacher up the compilation of the Talmud ... That's why I called this code Mishneh Torah, because if one starts reading the written Torah, and reads this then we will all the Oral Law, and it does will not need another book them. "

Language and style

The work was written in Hebrew Mishnaic pure, and in the style of the Mishna. Maimonides was reluctant to use the Aramaic , since only few insiders known, or having the motivation to study (Preface to the "Mishneh Torah"). His previous works were written in Arabic.

Different versions of the Mishneh Torah

Over time, many errors have crept in the setting of laws, as well as diagrams and pictures. Primarily, the errors come from publishers, various scribes who saw fit to "correct" certain points, but also the Christian censorship. Taking into account the fact that Maimonides himself had revised the text several times, it goes without saying that the texts we have today are not strictly true. To restore the text which is more faithful to the original, we must cross different sources, which were spared by the various erosions managed over time, such as manuscripts of Maimonides.

Exact Editions

During the 20th century, four specific editions have emerged:

  • Frankel's edition Shabattai - This edition was produced by the first editions as well as early manuscripts, and includes the classical commentators. All volumes have been published, with the exception of Volume "ahava" literally "to love".
  • Yosef's edition Kappah '- This includes the Yemeni manuscripts, and some additions made by various commentators over the centuries.
  • The edition "yad Pshouta", literally "single hand" of Rabbi Eliezer Rabbinowitz - Primarily based on a number of manuscripts (varies, depending on their information, a volume JURISDICTION). Also included the original comments of Mishneh Torah. So far, half of the volumes have been published.
  • The edition "Summary of Mishneh Torah of Rav Yitzhak Shalit - Does not comment. Compares the different versions. So far, four volumes have been published, and about two new ones are published each year.

An edition including editions based on manuscripts accurate, no additional comments, in a single volume (1000 pages). Published by Torah , edition of the yeshiva "Now Vishoua. This edition is made from the edition of Rabbi Kappah ', and includes significant changes are compared to conventional publishing.

Books

  1. Maddah (Knowledge): fundamental principles of Judaism, lifestyle, Torah study, prohibition of idolatry, on account of repentance and the world to come.
  2. Ahava (Love): precepts to be observed at all times, whether due to God's love is continually reminded ( prayer , tefillin ).
  3. Zmanim (Time, Dates): legislation limited to certain periods, such as Shabbat and celebrations in Judaism.
  4. Nashim (Women): laws on marriage , the divorce , levirate and proper conduct between the sexes.
  5. Kedoushah (Holiness) prohibited sexual relations, forbidden foods, method of ritual slaughter
  6. Hafla'ah (Separation): Laws vows
  7. Zeraim (Seeds): laws on agriculture
  8. Avodah (Worship): Laws of the Temple of Jerusalem
  9. Korbanot (Offerings): Laws offerings in the temple, except those of the whole community
  10. Tohorah (Purification): Laws of ritual purity
  11. Nezikin (Harms): penal and civil code
  12. Kinyan (Acquisition) Acts of the acquisition, trade
  13. Mishpatim (Laws): Civil Code
  14. Shoftim (Judges): Laws relating to legislators, the Sanhedrin , the king, and judges.

Brief summary

Sefer ha Madda (Book of Knowledge)

There are five treaties.
Maimonides explains that he could not compose a clear structure to follow the precepts in daily life without exposing first the basic principles of Judaism, that is to say the commandments to the "root" of the Mosaic religion. Among these principles are strongly material-sounding philosophy: the existence of God , His Unity, His incorporeality, providence, free will, prophecy, the thirteen articles of faith, etc.. These principles can not only match, the first book of the Mishneh Torah is a presentation highlighting the theological-philosophical harmony between law and philosophy.

first treaty: Yessodei haTorah (Fundamental Principles of the Torah)

It contains the words of Maimonides himself, all the precepts constituting the authentic essence of the Jewish faith , its sine qua non.

Second Treatise: De'ot

De'ot literally means "knowledge" or "opinions" but Maimonides employs more specific in the sense of "moral predispositions. Each item is a model of healthy behavior, both moral and physical. The fourth chapter in particular has many elements of medical theory, like the Health Plan, pamphlet written by Maimonides to the attention of his patron, Sultan Al-Malik Al-Afdhal. These are recommendations of diet , to health , not only body but of life. In short, Maimonides recommended adopting the middle way in all circumstances and to any provision, except for one: the humility , which can never be excessive.

third treaty: Hilkhot Talmud Torah (Rules for the study of Torah )

It discusses how to study itself, but also how to teach and mark of respect to providing teachers and scholars in general.

fourth treaty: Avodah Zara ve'Houkat haGoyim (idolatry and pagan customs)

This treaty itself says 51 of 613 prescriptions of the Torah. The idolatry is clearly prohibited, but also the practice of magic (regardless of whether or not to believe in its effectiveness), sorcery, divination, mutilation related superstitions, embalming dead and the tattoo.

Fifth Treaty: Hilkhot Teshuva (Laws of Repentance)

It outlines the obligation of repentance and confession of sins, acts of retribution, reward or punishment, but also the destiny of the soul, its nature, similar to the intelligence apprehends and understands the Creator (Hilkhot Teshuva 8:6), his immortality, and above all, his destiny in the world to come : it is spiritual, the only living souls, freed from material needs, and materiality. There is no need physical or emotional, if not the enjoyment that comes from the influence of the Shekhinah (Divine Presence). This idea seems to ignore a fundamental principle of Judaism, Maimonides declares itself in its 13 articles: the resurrection of the dead. This apparent inconsistency earned Maimonides harshest critics, and perpetual distrust of exilarch Solomon ben Eliya. She forced him to write the Epistle on Resurrection of the Dead (Iggeret T'hiyat haMetim) to respond to criticism: it reconciles the two theories explaining the Messiah well resurrect the dead, but they die shortly after to enter the world to come. According to Maurice-Ruben Hayoun, some of them deny authorship of this epistle, and think it was written by his disciples.

Sources of Maimonides

Maimonides sought brevity of style in order to gain clarity, he refrained from detailing his sources, as he did in his Commentary on the Mishna , merely name them in his preface, stating that Wise was referring to the Tanakh , the two Talmud , and literature midrashic.

He preferred, on some occasions, the rules stipulated in the midrashic literature rules found in the Talmud, which was an opinion rather original for its time.

It also includes Responsi (teshouvot) of Geonim , he introduced the phrase "The Geonim decided" or "There is a regulation from the Geonim" while the views of Isaac Alfasi and Joseph ibn Migash (his master "Now, apart from his father, Maimon , although it was actually the latter who received the teaching of Ibn Migash) are preceded by the words "My masters have decided."

Maimonides does not hesitate to refer to Spanish rabbinical authorities, Palestinian, rarely French (he did not know Rashi ), without naming them or indicate to what master he refers to what teaching.
It is also based on non-Jewish sources, and much of his work schedule was based on theories and intuitions Greek. These rules are indeed established on solid evidence, he felt there was little difference between an author Jew or Gentile.
It is similar in spirit it has adopted principles from the philosophy Aristotelian in the first book of its Code, although no authority can condone these teachings are not in the Talmud or the Midrash.

A number of laws, finally, seems to have sources in any of the works mentioned above, it is generally believed that Maimonides has deduced from biblical interpretations that were his own.

Omissions

Maimonides does not challenge their impartiality, even when his views were in conflict with other jurisdictions. It seemed impossible that a man could abandon his own reasons, or reject the truths accepted by a few contradictory statements in the Talmud or the Midrash. So sometimes he built his own authority to rule and basa on his medical knowledge without being able to rely on older sources.

Similarly, he did not mention a lot of rules contained in the Mishna and the Talmud , like the precepts that seemed to hold the popular belief of demonology or angelology. In a similar vein, he passed on many things forbidden in the Talmud, described as harmful to health. The exact reasons for these omissions have been the subject of much speculation.

Controversies related to the work

Criticism and Critical

The Mishneh Torah was the subject of fierce resistance upon its release. He was accused, among other things, the absence of sources, and its claim (apparent) to replace the Talmud. Other critics were less valid, even less rational.

The biggest opponent, and most acerbic, whose comments appear in virtually every edition of the Mishneh Torah, was the Raavad III (Rabbi Abraham ben David Posquieres), a contemporary of Maimonides. However, the Raavad himself recognized the importance and magnificence of this work (note Kilayim 6:2), and did not hesitate to praise the author. Nevertheless, this opinion was that of Master Moses , not of Moses, the Master : other views were possible, and it was necessary for students to know.

see Abraham ben David

Many critics focused on the methods used, too innovative to their liking, and tempering its merits. He was blamed:

  • the use of Mishnaic Hebrew, the idiom rather than Aramaic of the Talmud,
  • to depart from the Talmud that classification and propose a new composition which was (we note here that the laws outlined in Deuteronomy does not meet the classification established in the four previous books)
  • to give priority in its decisions Tosefta and the Jerusalem Talmud on the Babylonian Talmud.
  • not cite his sources, making it impossible to verify his opinion, and obliged to follow them absolutely.

Another critical to mention is Yona of Gerona , cousin and predecessor Nahmanides at the head of the community of Girona. It was originally one of the "noisy" opponents of the Mishneh Torah, and burned in 1240. However, when the Talmud was burned in Paris in 1244 , he saw it as divine punishment for his actions, and a sign that he was mistaken. He then wrote many treatises on repentance (including the classic Shaarei Teshuva, "Gates of Repentance") and undertook a pilgrimage to the tomb of Maimonides in Tiberias to ask forgiveness in the presence of ten witnesses. However, he died on the road before the project materialize.

The response of Maimonides

Maimonides replied to his critics (at least those he deemed worthy of attention): the Mishneh Torah was not written for his own glory but to overcome the difficulty of the comments offered by Geonim , and the danger result that students do not get lost in the student to find the proper decision. He was responding to a need, or rather a lack (Letter to Rabbi Jonathan of Lunel , whom he thanked for certain corrections; Responsa of Maimonides, 49).

One is left to wonder what Maimonides would have done had he known the comments of Rashi and Tosafists

He insisted he never had the intention to abolish the study of the Talmud, nor the "Hilkhot" of R "f , since he himself was leaning on the Gemara with his students, and Ri "f s 'they asked (Responsa, No. 140).

The omission of his sources was only due to his desire of brevity (If I could summarize the Talmud in a book, I would not do it in two), although he regretted not having written a book additional to cite the authorities in case of Halachot whose sources were not obvious from the context. Correcting this error, if circumstances permitted, although this work would not be less massive (Responsa, No. 140).
This work would be carried out, much later, by Yosef Karo , who in his Kessef Mishna seeks to find the sources of Maimonides' rulings, and to resolve differences between him and Raavad.

Influence

on the decision

The work of Maimonides, notwithstanding the attacks she was the object, quickly gained recognition as an authority for major decisions in the ritual: according to some decision (Yad Mal'akh "Rule 26, page 186), a decision can be made in opposition to the opinion of Maimonides, even though it apparently decided against the meaning of a Talmudic passage, because in this case, we must assume that the words of the Talmud have been misinterpreted!
Similarly (ibid., rule 27): "We must follow Maimonides, even when opposed to his masters, because he surely knew their views, and has decided against them is that disagreed with their interpretation. "

Even when authorities later as Rosh decided against him, his decisions took the force of law among the Jews of the East, yet the Jews of the West, especially the Ashkenazim, rather stick to the Rosh in these cases.

Nevertheless, the hope of Maimonides, that in times to come, and his work alone would be accepted, has been only half fulfilled: although very popular earlier work (and later) have never ceased to be studied. It is true that Maimonides was a pretty dark vision of the future of Judaism, especially in the East, when he composed his Mishneh Torah, and he did not imagine that the study might one day resume.

Ironically, while Maimonides had not reported its sources for the sake of brevity (or perhaps because he did not plan it would study the Talmud before the Mishneh), the result was that, contrary to Many comments were written to address these omissions, and in reality, the Mishneh Torah is nowadays sometimes used as an index to find some Talmudic passage. Moreover, in cases where its sources or its interpretation makes are debatable, this lack of clarity has sometimes led to lengthy analysis and discussion-l'inverse the desired result.

for the coders and reviewers

The Mishneh Torah was indeed made himself the subject of many comments: besides Raavad Kessef Mishna and Maran Yosef Karo already mentioned, include the Mishna-Melech, Lekhem Mishna, Radvaz, Hagahot Maimon (detailing the customs Ashkenazi ). Most comments are intended to address criticisms of Raavad and find sources of Maimonides in the text of the Talmud , the Midrash and Geonim.

Codes later, as the Arbaa Tourime Rav Jacob ben Asher and Shoulhan Arukh of Maran Yosef Karo , highly inspired by the work of Maimonides, to the point where entire sections are sometimes 'only' comments some verbatim.

Today

The in-depth study of the Mishneh Torah was revived Judaism in Lithuania in the late nineteenth century. Among the eminent authorities have made a recent comment, we note the Samea'h Gold (Light Joyeuse) of Rabbi Meir Simcha of Dvinsk the Hiddoushei Rabbi Chaim (Rabbi Chaim of novellae) of Rabbi Chaim Soloveitchik, the Even ha-Ezel ( stone base) of Rav Isser Zalman Meltzer, and, more recently, the Avi Ezri (My father is my helper) Elazar Menachem Shach Rav and Hadran al ha-Rambam (Back to the Rambam) of Rabbi Menachem Mendel Schneerson.

The Mishneh Torah is often one of the first post-Talmudic sources consulted during the investigation of a matter of Jewish law. Likewise, many scholarly discourse (eg, drash the rabbi at the Shabbat before Passover or Yom Kippur ) often revolves around a difficulty between two passages from the works of Maimonides.

Today, many Orthodox Jews , especially Chabad , participate in a study of annual cycles of Mishneh Torah (1 or 3 chapters per day).

Read

  • Prof. F. Rosner, "The medicine derived from the Mishneh Torah of Maimonides" (Translated by Dr. D. & A. Beresniak), edited by BibliEurope and Britt International, 1992 ISBN 2-9506285-3-2

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