Mishneh Torah
The Mishneh Torah (משנה תורה), subtitled Yad ha-Chazaka (יד החזקה), is a code of Jewish law by one of the most important Jewish authorities, Rabbi Moshe ben Maimon, better known as Maimonides or by the Hebrew abbreviation RaMBaM (usually written "Rambam" in English). The Mishneh Torah was compiled between 1170 and 1180, while he was living in Egypt, and is regarded as Maimonides' magnum opus.
The work consists of fourteen books, which subdivide into sections, chapters and paragraphs. To this day it is the only post-Talmudic work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place.
Names of the work
- Mishneh Torah ("Repetition of the Torah") is an appellation originally used for the Biblical book of Deuteronomy.
- Yad ha-Chazakah ("The Strong Hand"), its parallel title, derives from its subdivision in fourteen books. When transcribed into Hebrew letters, the number fourteen forms the word yad (hand).
- Later sources simply refer to the work as "Maim", "Maimonides" or "RaMBaM", although Maimonides composed other works.
The books and sections
- Madda' (Knowledge):
- Yesodei ha-Torah: Belief in God and other Jewish principles of faith
- De'ot: general proper behavior
- Talmud Torah: see Torah study
- Avodah Zarah: the prohibition against idolatry
- Teshuvah: the law and philosophy of repentance
- Ahavah (Love): the precepts which must be observed at all times if the love due to God is to be remembered continually (prayer, tefillin).
- Zemanim (Times):
- Shabbat
- Eruv, a Rabbinic device that facilitates Sabbath observance
- Yom Tov: prohibitions on major Jewish holidays that are different from the prohibitions of Sabbath
- Shevitat `Asor: laws of Yom Kippur, except for the Temple service (see Avodat Yom ha-Kippurim, below)
- Hametz u-Matza: see Passover
- Shofar ve-Lulav ve-Sukkah: see Rosh Hashanah and Sukkot
- Chanukah u-Megillah: see Hanukkah and Purim
- Nashim (Women):
- Kedushah (Holiness)
- Issurei Biah: forbidden sexual relations, including niddah, incest, adultery. Since intermarriage with non-Jews is forbidden, the laws of conversion to Judaism are also included.
- Ma'akhalot Assurot: forbidden foods (see kashrut)
- Shechitah: ritual slaughter
- Hafla'ah (Separation): laws of vows and oaths
- Zera'im (Seeds): agricultural laws
- Avodah (Divine Service): the laws of the Temple in Jerusalem
- Korbanot (Offerings): laws for offerings in the Temple, excepting those of the whole community
- Tohorah (Cleanness): the rules of ritual purity
- Nezikin (Injuries): criminal and tort law
- Kinyan (Acquisition): laws of the marketplace
- Mishpatim (Rights): civil law
- Shofetim (Judges): the laws relating legislators, the Sanhedrin, the king, and the judges. It also addresses the Noahide Laws and those pertaining to messianic times.
Language and style
The work is written in a clear Hebrew in the style of the Mishnah. Maimonides was reluctant to writing in Talmudic Aramaic, since it was known only to those who were specially interested in it (Preface to the "Mishneh Torah"). His previous works had been written in Arabic.
Printed editions and textual accuracy
Over time many textual errors and distortions have appeared in the various editions of Maimonides' "Mishneh Torah". These inaccuracies are in the text of the halachot, in the drawings made by the Rambam, as well as in the division (and thus the numbering) of the halachot.
There are various reasons for this phenomenon. Some are due to errors by the copyings of manuscripts (before the age of printing) or mistakes by the typesetters of later published editions. Others are due to conscious attempts to "correct" the text, and yet others to Christian censorship (in countries under its control).
In addition, Maimonides himself frequently edited the text of his own autograph copy, such that manuscripts copied from his own book did not preserve his later corrections. Thus the received version may not be the text that Maimonides intended us to read.
Often the distortions in existing versions prompted questions on the "Mishne Torah" which were solved in many creative and different ways by the scholars throughout the generations; many of these questions don’t arise in the first place if the version is corrected based upon reliable manuscripts.
In order to determine the exact version, scholars use reliable early manuscripts (some of them containing Maimonides' own signature), which are free of both Christian censorship and the changes of later readers who tried to "correct" the text on their own, without manuscript evidence.
Since the middle of the 20th century there have been 4 scientific printings of the book:
- Shabtay Frankel's edition includes critical editions of the "classical" commentators on Mishneh Torah as well as the book itself. However, the actual text of Mishneh Torah in this edition is based heavily on the printed editions, rather than the early manuscripts, whose variant readings are relegated to marginal notes and an apparatus at the end of each volume. All the volumes have been printed, with the exception of Sefer Ahavah (the second of Mishneh Torah's 14 books).
- Rabbi Yosef Kapah's edition – In this edition the version is based mainly on Yemenite manuscripts (known for their reliability), and includes an extensive commentary by Rabbi Kapah that surveys the discussions of the classical commentaries on Mishneh Torah and includes verbatum citation of previous commentaries in their entirety.
- The Yad Peshutah edition by Rabbi Nahum Eliezer Rabinovitch, Rosh Yeshivat Birkei Moshe in Maalei Adumim, Israel. This edition is based on a number of manuscripts (different ones are used for the different books, according to their reliability) and includes an original commentary on the Mishneh Torah. About one third of the volumes have been printed at this point.
- "The Exact Mishneh Torah" edition by Rabbi Yitzchak Shelat – This edition has no commentary. It essentially compares the printed versions to the fixed version. So far, 4 volumes have been printed; the publisher expects to print 2 new volumes each year.
An edition including all the editions based on reliable manuscripts, with no commentary, accompanied by surrounding indexes in one volume (1000 pages), has been published by "Or Vishua" Yeshiva. The text in this edition was checked again, based mainly on Rabbi Yosef Kapah's edition. It also includes a comparison of versions between the leading editions only in cases where the changes are meaningful.
"The Mishne Torah Project" of the Yeshiva, plans to publish a pocket edition including vowel diacritics and annotations according to the different books of Maimonides. The pocket version of "Sefer HaMada" (The Book of Konwledge) is already in print.
Maimonides' sources
Maimonides sought brevity and clarity in his Mishneh Torah and as in his Commentary on the Mishnah, he refrained from detailing his sources. He felt it sufficient to name his sources in the preface. He drew upon the Torah and the rest of Tanakh (the Old Testament), both Talmuds, and the Midrashic literature. It appears that occasion he preferred rulings in certain Midrash collections to rulings in the Talmud, which would have been a rare opinion at the time.
Later sources include the responsa (teshuvot) of the Geonim. The maxims and decisions of the Geonim are frequently presented with the introductory phrase "The Geonim have decided" or "There is a regulation of the Geonim", while the opinions of Isaac Alfasi and Alfasi's pupil Joseph ibn Migash are prefaced by the words "my teachers have decided" (although there is no direct source confirming ibn Migash as Maimonides' teacher).
Maimonides likewise refers to Spanish, French, and Palestinian rabbinic authorities, although he does not name them, nor is it known to whom he refers. He drew from non-Jewish sources, and a great part of his researches on the calendar was based upon Greek theories and reckonings. Since these rules rested upon sound argument, he thought that it made no difference whether an author was a prophet or a Gentile. The first volume of the Mishneh Torah, Sefer Mada, includes a section on the laws concerning Ma'aseh Merkuva, Ma'aseh B'resheyth, and fundamental beliefs such as the necessity of knowledge of the Creator's absolute oneness. (Some claim this section draws heavily on Aristotelian science and metaphysics; others suggest that it is within the tradition of Saadia Gaon.)
A number of laws appear to have no source in any of the works mentioned; it is thought that Maimonides deduced them through independent interpretations of the Bible or that they they are based on versions of previous Talmudic texts no longer in our hands. Maimonides himself states a few times in his work that he possessed what he considered to be more accurate texts of the Talmud than what most people possessed at his time. The latter has been confirmed to a certain extent by versions of the Talmud preserved by the Yemenite Jews as to the reason for what previously were thought to be rulings without any source.
Opposition
Critics and criticism
The Mishneh Torah was strongly opposed almost as soon as it appeared. Major sources of contention were the absence of sources and the fact that the work appeared to be intended to supersede study of the Talmud. Some criticisms appear to have been less rational in nature.
The most sincere but influential opponent, whose comments are printed parallel to virtually all editions of the Mishneh Torah, was Rabbi Abraham ben David of Posquières, France, 1100s, (Raavad III).
Many critics were especially bitter against the new methods which he had employed, and the very peculiarities which he had regarded as merits in his work failed to please his opponents because they were innovations. Thus they reproached him because he wrote in Hebrew instead of in the customary Talmudic idiom, because he departed from the Talmudic order and introduced a division and arrangement of his own, and because he dared to decide according to the Tosefta and the Jerusalem Talmud as against the Babylonian Talmud.
Especially sharp was the blame heaped upon Maimonides because he neglected to cite his sources; this was considered an evidence of his superciliousness, since it made it difficult, if not absolutely impossible, for scholars to verify his statements, and compelled them to follow his decisions absolutely. Yet despite all this, Maimonides remained certain that in the future the Mishneh Torah would find great influence and acceptance. This is boldly expressed in a letter to to his student Rabbi Yoseph ben ha-rav Yehudah:
"And all that I've described to you regarding those who won't accept it [the Mishneh Torah] properly, that is uniquely in my generation. However, in future generations, when jealousy and the lust for power will disappear, all of Israel will subsist [lit. "we be satiated"] on it alone, and will abandon all else besides it without a doubt, --except for those who seek something to be involved with all their lives, even though it doesn't achieve a purpose."
Maimonides' Reply
Maimonides defended himself. He had not composed this work for glory; he desired only to supply the necessary but lacking code, for there was danger lest pupils, weary of the difficult study, might go astray in decisions of practical importance (Letter to Rabbi Jonathan of Lunel, in which he thanks the latter for certain corrections; Responsa of Maimonides, 49).
He noted that it had never been his intention to abolish Talmudic studies, nor had he ever said that there was no need of the "Halakot" of Rabbi Isaac Alfasi, for he himself had lectured to his pupils on the Gemara and, at their request, upon Alfasi's work (Responsa, No. 140).
He said that his omission of his sources was due solely to his desire for brevity, although he regretted that he had not written a supplementary work citing his authorities for those halakot whose sources were not evident from the context. He would, however, should circumstances permit, atone for this error, however toilsome it might be to write such a supplement (Responsa, No. 140).
Raavad was forced to acknowledge that the work of Maimonides was a magnificent contribution (note on Kilayim 6:2), nor did he hesitate to praise him and approve his views in many passages, citing and commenting upon the sources.
Later works (e.g. Yosef Karo's "Kesef Mishné") set out to find sources for Maimonides' decisions, and to resolve any disputes between him and the Raavad.
Yonah of Gerona
Special mention should be made of Yonah of Gerona, a nephew of Nachmanides, who was initially a member of the vocal opponents of the "Yad". He was involved in the burning of a number of copies of the work in the 1240's. Regret followed, when he saw the Talmud being burnt in Paris in 1244, which he interpreted as a sign from Heaven that he had been mistaken. He set out to the Land of Israel, composing a classic work on penitence (titled Shaarei Teshuva, "The Gates of Repentance") during his soul-searching.
Influence
Decisors
Thus the work of Maimonides, notwithstanding the sharp attacks upon it, soon won general recognition as an authority of the first importance for ritual decisions. According to several authorities ("Yad Mal'akhi" rule 26, pg 186), a decision may not be rendered in opposition to a view of Maimonides, even though the latter apparently militated against the sense of a Talmudic passage, for in such cases the presumption was that the words of the Talmud were incorrectly interpreted. Likewise: "One must follow Maimonides even when the latter opposed his teachers, since he surely knew their views, and if he decided against them he must have disapproved their interpretation" (ibid, rule 27).
Even when later authorities, like Asher ben Jehiel (the Rosh), decided against Maimonides, it became a rule of the Oriental Jews to follow the latter, although the European Jews, especially the Ashkenazim, preferred the opinions of the Rosh in such cases. But the hope which Maimonides expressed, that in time to come his work and his alone would be accepted, has been only half fulfilled. His "Mishneh Torah" is indeed still very popular, but there has been no cessation in the study of other works.
Ironically, while Maimonides refrained from citing sources out of concern for brevity (or perhaps because he designed his work to be used without studying the Talmud or other sources first), the result has often been the opposite of what he intended. Various commentaries have been written which seek to supply the lacking source documentation, and indeed today the Mishneh Torah is sometimes used as a sort of an index to aid in locating Talmudic passages. In cases where Maimonides' sources or interpretation thereof is questionable, the lack of clarity has at times led to lengthy analyses and debates - quite the opposite of the brevity he sought to attain.
Codes and commentators
Mishneh Torah itself has been the subject of a number of commentaries: Kesef Mishné by Yosef Karo, Mishné la-Melech, Lechem Mishné, Radvaz and Hagahot Maimoni (which details Ashkenazi customs). Most commentators aim to resolve criticisms of the Raavad, and to trace Maimonides' sources to the text of the Talmud, Midrash and Geonim.
Later codes of Jewish law, e.g. Arba'ah Turim by Rabbi Jacob ben Asher and Shulkhan Arukh by Rabbi Yosef Karo, draw heavily on Maimonides' work, and in both whole sections are often quoted verbatim.
Present day
The in-depth study of Mishneh Torah underwent a revival in Lithuanian Judaism in the late 19th century. Prominent authorities who have written recent commentaries on the work are Rabbis Meir Simcha of Dvinsk (Ohr Somayach), Chaim Soloveitchik (Chiddushei Rabbeinu Chaim), Isser Zalman Meltzer (Even HaEzel) and, more recently, Menachem Mendel Schneerson (Hadran al HaRambam) and Elazar Shach (Avi Ezri) . See also: List of commentaries on Mishneh Torah
Today, thousands of Orthodox Jews, particularly Chabad Hasidim, participate in one of the annual study cycles of Mishneh Torah (1 or 3 chapters a day).
Mishneh Torah is often one of the first post-Talmudic sources consulted when investigating a question of Jewish law. Likewise, many scholarly speeches (e.g. the traditional Rabbi's speech on the Shabbat preceding Pesach and Yom Kippur) often revolve around a difficulty between two passages in Maimonides' work.
As for halakha l'maaseh (practical application of Jewish law), although the majority of Jews keep Jewish law according to various other Rabbinic codes organized around the Shulhhan Arukh, an increasing number of Yemenite Jews as well as various other individuals, are being attracted to the Mishneh Torah as their choice code of Jewish law by which to live. The reasons for this attraction may range from a personal desire to return to the ways of their ancestors, as is possibly the case with many Yemenite Jews, to a desire for keeping Torah in a way that, from their perspective, is more in line with historical Talmudic Judaism, more rational, and less influenced by Kabbalistic innovations.
The individual who most likely spearheaded this phenomenon was the Rabbi Mori Yosef Gafahh (Kapach), grandson of Rabbi Yihyeh Gafahh - himself the spearhead of the Dor Daim movement. Rabbi Mori Yosef Gafahh (Kapach) is credited with the publication of an almost encyclopedic commentary to the entire Mishneh Torah, including his own insights, set to a text of the Misheh Torah based upon the authoritative hand-written manuscripts preserved by the Yemenite Jewish community. The introduction to his edition of the Mishneh Torah is well known in itself as a defense for the keeping of halakha according to the Mishneh Torah [1].
During his lifetime the Rabbi Mori Yosef Gafahh (Kapach) was a leading figure in the more strictly Maimonidean segment of Yemenite Jews. After the Rabbi Mori Yosef Gafahh (Kapach) passed away, the Rabbi Rasson Arusi [2] has largely filled in his stead as the leading public representative of the Yemenite Maimonidean community (those Yemenites who more strictly adhere to the Mishneh Torah as their code of Jewish law) Members of this same community are often referred to as Dor Daim, although this term does not accurately apply to them all. Rav Rasson Arusi is founder of 'Halikhoth Ahm Yisroel' and Makhon Mishnath haRambam [3], over the marriage department of the Rabbinuth of Israel, as well as head rabbi of city of Qriath Ono in Israel. Rav Arusi and the organization Makhon Mishnath haRambam have published several books filled with commentary on various parts and aspects of the Mishneh Torah as well as topics related to the Yemenite Jewish community. Besides the works of Rav Mori Yosef Gafahh (Kapach) and Rav Rasson Arusi, there are a number of other commentaries to the Mishneh Torah written by leaders of the Yemenite Jewish community.
English translations
- The Yale Judaica series edition of the Mishneh Torah is almost complete.
- Introduction , Isadore Twersky (1982) ISBN 0-300-02846-6
- Book 2, The Book Of Love , Menachem Kellner (2004) ISBN 0-300-10348-4
- Book 3, The Book Of Seasons , Solomon Gandz and Hyman Klein (1961) ISBN 0-300-00322-6
- Book 3, Treatise 8, The Sanctification of the New Moon, Solomon Gandz, Julian Obrmann, Otto Neugebauer (1956) ISBN 0-300-00476-1
- Book 4, The Book Of Women , Isaac Klein (1972) ISBN 0-300-01069-9
- Book 5, The Book Of Holiness , Leon Nemoy, Louis I. Rabinowitz, and Philip Grossman (1965) ISBN 0-300-00846-5
- Book 6, The Book Of Asservations , B. D. Klein (1962) ISBN 0-300-00633-0
- Book 7, The Book Of Agriculture , Isaac Klein (1979) ISBN 0-300-02223-9
- Book 8, The Book Of Temple Service , Mendell Lewittes (1957) ISBN 0-300-00497-4
- Book 9, The Book Of Offerings , Herbert Dan, (1950) ISBN 0-300-00398-6
- Book 10, The Book Of Cleanness , Herbert Dan, (1954) ISBN 0-300-00397-8
- Book 11, The Book Of Torts , Hyman Klein (1954) ISBN 0-300-00632-2
- Book 12, The Book Of Acquisitions , Isaac Klein (1951) ISBN 0-300-00631-4
- Book 13, The Book Of Civil Laws , Jacob J. Rabinowitz (1949) ISBN 0-300-00845-7
- Book 14, The Book Of Judges , Abraham M. Hershman (1949) ISBN 0-300-00548-2
- Moznaim Publishing Corp. also has an English translation - 27 volumes are now available.
- Excerpted translation by Philip Birnbaum: "Maimonides' Mishneh Torah: Yad Hazakah", Hebrew Pub. Co. 1944. ISBN 0-88482-437-3
online English translations:
- SichosInEnglish.org provides online audio translation / lessons of the complete text, recorded by Torah scholars in an 'interesting and clearly comprehensible fashion'. Lessons run from 15-40 minutes.
- The Laws Concerning Moshiach Online English Translation (in text) of Chapters 11 & 12 of Hilchos Melachim from Mishneh Torah of the Rambam ( also published by Sichos In English)
See also
External links
- Full text (Hebrew)
- Mishnetorah Project, one volume and 8 indexes
- Another version of the full text (Hebrew)
- Rambam's Introduction (English)
- Maimonides Page, links to translations and resources
- overview of topics from www.torah.org
- Schedule for the present cycle of daily study (PDF file)
- Mishne Torah laRambam Translation Project