Mishné Torah

The Mishné Torah (although the Mishneh C-W communication is more respectful Hebrew ), or Yad haHazaka , was composed by one of the most important authorities ic Rabbin of the Judaïsme, the Rav Moshe Ben Maïmon, the " Rambam" (for the Jewish S) or " Maïmonide" (for the Christian ).

This masterly work was compiled between 1170 and 1180, and is regarded as its large-work.

It consists of 14 books, divided into sections, chapters and paragraphs. It is the only work so far treating of all the details of the observance of the Judaism, including laws being able to apply only at the time of the Temple. It takes again for each law the sum of the ic lesson Talmud, while trying to withdraw the halakhic substance from it, i.e. the rule to be drawn some (literally, “way of going” in the ways of God).

Regarded as a monument of the Halakha, he many times was commented on and criticized, of aucuns reproaching the Rambam for fixing the halakha according to his personal opinion at the contempt of the others. It is on this work in particular that the other reference as regards halakha is based, the Choulhan Aroukh of Rav Yossef Karo.

Denominations of work

  • Mishné Torah (משנהתורה, " Repetition of Torah") fact allusion to the verse 17:18 of the Deutéronome:
וְהָיָהכְשִׁבְתּוֹ, עַלכִּסֵּאמַמְלַכְתּוֹ--וְכָתַבלוֹאֶת - מִשְׁנֵההַתּוֹרָה הַזֹּאת, עַל - סֵפֶר, מִלִּפְנֵי, הַכֹּהֲנִיםהַלְוִיִּם
When he (that which will have been indicated king d' Israël) will sit down on the throne of his kingdom, he will write for him, in a book, a copy of this law , qu `he will take near the sacrificateurs, the Levites.
to note that mishné Torah indicates also Deutéronome itself.
  • Yad haHazaka (ידהחזקה, " The Puissante" Hand;), the other title by which one often indicates work, makes reference to the number of its books, 14 transcribing in Hebraic alphanumeric values Yad (י " ד). " Yad" mean " Main" , the " Puissante" hand; also referring to the verse 13:9 of the Exodus:
כִּיבְּ יָדחֲזָקָה , הוֹצִאֲךָיְהוָהמִמִּצְרָיִם
Because it is of a Powerful Main that God made you leave Egypt.
Like with the last verse of Deutéronome:
וּלְכֹלהַ יָּדהַחֲזָקָה , וּלְכֹלהַמּוֹרָאהַגָּדוֹל, אֲשֶׁרעָשָׂהמֹשֶׁה, לְעֵינֵיכָּל - יִשְׂרָאֵל
And for all the wonders of terror which Moïse achieves of a powerful hand with the eyes of any Israel.
  • Of the later sources refers to it under the name of " Maim ", " Maïmonide " or " Rambam ", although Maïmonide composed of other work.

Preface in Mishneh Torah

It is made up of four parts:
  • general Introduction: transmission of the Torah, since it was given until the time of Maïmonide
  • Exposition of the 613 commands which were known as with Moïse on the the Sinai, their rules, their methods, their exceptions. Maïmonide subdivided them in:
    • Precriptions positive (מצוותעשה): comput of the 248 regulations to carry out (Rama" H)
    • negative Regulations (מצוותלאתעשה): comput of the regulations of what one should not carry out (ex: to lie, kill, steal)
  • Division of the books: contents, and explanation of the choice.

Goal of the book, according to Maïmonide

“In these times… the wisdom of our Wise is lost, and our comprehension is hidden. The comments, responsa and rules compiled by the Gueonim became too difficult for our time, and little include/understand them as it would be necessary… This is why me, Moshe, wire of the rav Maïmon the Spaniard… I endeavoured to join together all the words dispersed in these compilations, interdict license, of pure and impure with the other judgments of the Torah, to write them in a clear language and a concise style, so that all the Oral Law is joined together in its plenitude, without difficulty, and subdivision, and “such known as this, another known as that”; but contrary to the sentences simple, close, right, according to the judgment which explains all that is in its compilations and comments existing since the time of our saint Rabbi until today… until all the judgments are known, for the small one and the large one, each regulation, and all the judgments delivered by the Wise ones and the prophets: the goal of this work, is that there does not need another source, but that this work gathers all the Oral Law, with all the nuances, the habits and the judgments delivered since Moïse our Master until the compilation of Talmud… This is why I called this code Mishneh Torah , because if one starts to read the written Torah, and that one reads this then, one will know all the oral Law, and there does not need other delivers between them”.

Language and style

Work is written in a Hebrew pure Mishna ïque, and in the style of Mishna. Maïmonide was reticent to only use the Araméen, because known of some initiates, or having the motivation to study it (Foreword with the " Mishneh Torah"). Its preceding works had been written in Arab.

Various versions of Mishne Torah

With the wire of time, many errors slipped, in the fixing of the laws, like the diagrams and images. Mainly, the errors come from the editors, the various scribes which have good judge of " corriger" certain points, but also of the Christian censure. Holding account owing to the fact that Maimonide even re-examined its text to him on several occasions, it goes without saying the texts which we have today are not rigorously authentic. In order to restore the most faithful text which is with the original, it is necessary for us to cross various sources, which were saved by various erosions arrived during time, such as the manuscripts of Maïmonide.

Exact editions

During the 20th century, four precise editions were born: *L' edition of Shabattai Frankel - This edition was carried out according to the first editions just as the first manuscripts, and included the traditional commentators. All volumes were publish, except Volume “ahava”, literally, “of L love”. *L' edition of Yossef Kappah' - This one integrates the Yemeni manuscripts, like certain additions carried out by various commentators during the centuries. *L' edition “yad Pshouta”, literally “simple hand” of Rav Eliezer Rabbinowitz - Mainly based on a certain number of manuscripts (vary, according to their precise details, from one volume to another). Also included original comments of Mishne Torah. Until now, half of volumes were published. *L' edition “Precis of Mishne Torah” of Rav Itshak Shalit - included no comments. Confront the various versions. Until now, 4 volumes were publishes, and approximately two new is publish each year. An edition including the editions based on the exact manuscripts, without additional comments, in only one volume (1000 pages). Published by Mishne Torah, edition of the yeshiva “Gold Vishoua”. This edition is carried out starting from the edition of Rav Kappah', and is included important modifications compared to the traditional editions.

Books

  1. Maddah (Knowledge): basic principles of the Judaism, hygiene of life, study of the Torah, prohibition of the idolatry, consideration on the repentire and the world to come.
  2. Ahavah (Love): precepts to observe in any time, if the love due to God is to be recalled continuously (Prière, Téfilline).
  3. Zmanim (Time, Periods): laws limited to certain periods, like the Shabbat and commemorations in the Judaism.
  4. Nashim (Women): laws on the Marriage, the Divorce, the lévirat and suitable control enters the sexes.
  5. Kedoushah (Holiness): prohibited sexual relationships, prohibited food, method of the ritual abbatage
  6. Hafla' ah (Separation): laws on the wishes
  7. Zeraïm (Seeds): laws on agriculture
  8. Avodah (Worship): Laws of Temple of Jerusalem
  9. Korbanot (Offerings): laws on the offerings in the Temple, except those of all the community
  10. Tohorah (Purification): Laws of ritual purity
  11. Nezikin (Wrongs): penal code and civilian
  12. Kinyan (Acquisition): laws of acquisition, the trade
  13. Mishpatim (Right): civil code
  14. Shoftim (Judges): laws in connection with the legislators, the Sanhédrin, the king, and the judges.

Short talk

Sefer ha' Madda (Book of Knowledge)

It comprises five traités.
Maïmonide explains that it could not have composed a clear work on the precepts to be followed in the daily life without exposing the basic principles of the Judaism as a preliminary, i.e. the commands with the " racine" mosaic religion. Among these principles matters with strongly philosophical consonance are: the existence of God, His Unit, Its incorporeity, providence, the free-referee, prophecy, the thirteen articlees of faith, etc These principles being able only to harmonize itself, the first book of Mishneh Torah is a théologico-philosophical talk underlining the harmony between the Law and philosophy .

first treaty: Yessodei haTorah (Basic principles of the Torah)

It contains according to the terms of Maïmonide itself, all the precepts constituting the authentic gasoline of the Jewish faith, its sine qua non.

second treaty: De'ot

De' ot means " literally; connaissances" , or " opinions" , but Maïmonide employs it in the more particular direction of " predispositions morales". Each article is a model of healthy behavior, as well moral as physical. The fourth chapter, in particular, comprising many elements of medical theory, resembles the Régime of Health , opuscule written by Maïmonide for submission to its owner, sultan Al Malik Al Afdal. They are recommendations of Diététique, of Hygiène, not only body but of life. In short, Maïmonide recommends to adopt the way of the happy medium, in all circumstances and for any provision, except for one: the Humility , which could never be excessive.

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

It approaches the way of studying itself, but also the way of teaching it and the marks of respect required towards the Masters, and the scientists in general.

fourth treaty: Avoda Zara ve' Houkat haGoyim (pagan Idolatry and habits)

This treaty only comments on with him 51 of the 613 regulations of the Torah. The Idolâtrie is obviously prohibited there, but also the practice of the magic (independently of the question of accepting or not its effectiveness), of sorcery, the divination, the mutilation in connection with the superstitions, the embalming of died and the Tatouage.

fifth treaty: Hilkhot Teshouva (Rules of the Repentance)

It exposes the obligation of the repentance and for the consent of the faults, for the remuneration of the acts, rewards or punishment, but also of the destiny, of the heart, its nature, similar to the intelligence which apprehends and includes/understands the Creator (Hilkhot Teshouva 8:6), his immortality, and especially, its destiny in the world to come : this one is spiritual, only the hearts live it, released from the material needs, and the materiality even. There is not nor body need, nor emotion, if not the pleasure which the radiation of the Shekhina gets (Divine Presence). This idea seems to make dead end on a basic principle of the Judaism, that Maïmonide proclaims itself in its 13 articles: the resurrection of deaths. This apparent inconsistency was worth in Maïmonide hardest criticisms, and the perpetual mistrust of exilarque Solomon Ben Eliya. It obliged it to write the Epître on the Resurrection of Dead the (Iggeret You hiyat haMetim) to answer criticisms: it reconciles the two theses by explaining why the Messie will ressucitera deaths well, but that those will die shortly after to enter the world to come. It should be noted that, according to Maurice Ruben-Hayoun, some dispute the paternity of this epistle to him, and think that it was written by his disciples.

Sources of Maïmonide

Maïmonide seeking the concision of the style in order to gain there in clearness, it abstained from detailing its sources, as it had done in its Commentaire on the Mishna , being satisfied to name them in its foreword, by indicating that it referred to Wise of the Tanakh, of both Talmud S, and of the ic literature Midrash.

He preferred, on certain occasions, the rules stipulated in the midrashic literature with the rules found in Talmud, which was original a enough opinion for the time.

He includes also the Responsa ( teshouvot ) of the Gueonim, which he introduces by the sentence " Gueonim have décidé" or " There is a regulation coming from Gueonim" , while the opinions of Isaac Alfasi and Joseph ibn Migash (his “immediate” Master, apart from his/her father, Maïmon, although it was actually the latter which accepted the teaching of Ibn Migash) are preceded by the words " My Masters have décidé".

Maïmonide does not hesitate either to refer to authorities rabbinical Spanish, Palestinian, more rarely French (he did not know Rachi), without naming them nor to indicate to which Master he refers for which enseignement.
He also bases on not-Jewish sources , and a great part of its work on the calendar based on theories and Greek intuitions . These rules being indeed established on solid evidence according to him, it estimated that there were few differences between a Juif author or Gentil.
C' is in a similar spirit which it adopted of the principles resulting from philosophy aristotelician in the first book of his Code, although no authority being able to guarantee this lesson is in Talmud or Midrash.

A number of laws, finally, seems to have sources in none above-mentioned works; it is generally thought that Maïmonide deduced them starting from biblical interpretations which were clean for him.

Omissions

Maïmonide did not demolish its independence of judgment, even when its points of view were in conflict with other authorities. It seemed impossible to him that a man can renoncerà his own reasons, or to reject truths recognized because of some contradictory assertions in the Talmud or the Midrash. It thus set up sometimes its own authority in rule and was based on its medical knowledge without being able to be based on older sources.

In the same way, it did not mention many rules contained in Mishna and Talmud, as the precepts which seemed to him to hold of the popular belief, the demonology or the angeology. In the same spirit, it passed in addition to on many things prohibited in Talmud, because described harmful for health. The exact reasons of these omissions were the subject of many speculations.

Controversies related to work

Critical and criticisms

The Mishneh Torah was the object of strong resistances as of its publication. One reproached him, inter alia, the absence of sources, and his claim (connect) to replace the Talmud. Others critical were founded, even less rational.

The largest opponent, and sourest, whose comments appear in practically all the editions of Mishneh Torah, was the Raavad III (Rav Abraham Ben David de Posquières), contemporary of Maïmonide. However, Raavad recognized itself the importance and the magnificience of this work (note on Kilayim 6:2), and did not hesitate to rent the author of it. Nevertheless, this opinion was only that of the Maître Brace, not that of Moïse the Master: others opinoins were possible, and it was necessary that the students know it.

to see Abraham Ben David

Many criticisms related to the methods employed, too innovative with their taste, and wasting his merits. One reproached him:

  • the use of mishnaïque Hebrew, rather than the idiom Araméen of Talmud,
  • to separate classification of known as Talmud and to propose of it a news which was of its composition ( one will on this subject note that the laws exposed in Deutéronome do not respect either the classification established in the four preceding books),
  • to give precedence in its decisions to the Tossefta and Talmud of Jerusalem of Talmud of Babylon.
  • not to quote its sources, which made impossible the checking of its opinion, and obliged to follow them absolutely.

Another critic to be mentioned is Yona de Gérone, cousin and predecessor of Nahmanide to the head of the community of Gérone. It was initially one of more “noisy” the opponents in Mishneh Torah, and made some burn in 1240. However, when the Talmud was burned with Paris in 1244, he saw it like a divine punishment of his acts, and a sign which he had been mistaken. He then wrote many treaties on the repentance (of which traditional the Shaarei Teshuva , " Doors of Repentir"), and undertook a pilgrimage on the tomb of Maïmonide with Tibériade in order to require of forgiveness in the presence of ten witnesses of him. He died however on the road before concretizing his project.

The answer of Maïmonide

Maïmonide answered its criticisms (at least, those which he considered worthy of attention): Mishneh Torah had not been composed for its own glory, but to mitigate the difficulty which the comments of the Gueonim offered, and the resulting danger that the students are not mislaid by studying them to find the decision adequate. He thus answered a need, or rather a lack (Letter in Rav Jonathan de Lunel, which he thanks for certain corrections; Responsa de Maïmonide, 49).
One is in right to wonder what Maïmonide would have done if he had known the comments of Rachi and of the Tossafistes

He never insisted not to have intend to abolish the study of Talmud, nor that of the " Hilkhot" Ri" F, since itself leant on the Guemara with its pupils, and on Ri" F if they asked it (Responsa, No 140).

The omission of its sources was due only to its desire of concision ( If I could summarize Talmud in a book, I would not do it into two ), although he regretted not to have written an additional work to quote the authorities in the case of these halakhot whose sources were not obvious to deduce from the context. It would correct this error, if the circumstances allowed it, although this work would not be less gigantic (Responsa, No 140).
Ce work would be carried out, well later, by Yossef Karo, which in its Kessef Mishné attempts to find the sources of the decisions of Maïmonide, and to solve the divergences between Raavad and him.

Influence

on the décisionnaires

The work of Maïmonide, notwithstanding the attacks of which it was the object, quickly gained the recognition as an authority of first importance in the ritual decisions: according to some décisionnaires ( Yad Mal' akhi" regulate 26, page 186 ), a decision cannot be returned in opposition with the opinion of Maïmonide, when well even this one would have apparently sliced against the direction of a passage talmudic, because in this case, it should be supposed that the words of the Talmud were badly interpreted!
In the same way ( ibid, rule 27 ): “It is necessary to follow Maïmonide, even when it is opposed to its Masters, because he knew surely their point of view, and if he decided against them, it is that he disapproved their interpretation”.

Even when later authorities as the Rosh decided against him, its decisions took the force of law at the Jews of the East, although the Jews of Occident, Ashkenazim in particular, stick rather to Rosh in these cases.

Nevertheless, the hope of Maïmonide, that in times to come, only would be accepted its work and it, only to half was not exaucé: although extremely popular, work former (and posterior) never ceased being studied. It is true that Maïmonide had a rather dark vision of the future of the Judaism, especially in the East, when it composed its Mishneh Torah, and that he did not imagine that the study can one day show.

Ironically, whereas Maïmonide had not announced its sources to ensure concision (or perhaps because it did not consider that one would study Talmud before Mishneh), the result was that on the contrary, of many comments were written in order to fill these omissions, and actually, the Mishneh Torah is nowadays sometimes used as index to find certain passage talmudic. Moreover, whenever its sources or interpretation that it in fact are prone to debate, this lack of clarity sometimes led to long analyzes and discussions -- the reverse of the required result.

on the codifiers and the commentators

Mishneh Torah indeed did itself the object of many comments: in addition to Raavad and the Kessef Mishné of Maran Yossef Karo already quoted, one counts Mishné la-Melekh , Lekhem Mishné , Radvaz , Hagahot Maïmoni (which details the habits Ashkénazes). The majority of the comments aim answering the critics of Raavad and at finding the sources of Maïmonide in the text of the Talmud, the Midrash and the Gueonim.

The later codes, like the Arbaa Tourim of Rav Jacob Ben Asher and the Shoulhan Aroukh of Maran Yossef Karo, are inspired highly by the work of Maïmonide, so much so that whole sections are sometimes “only” comments of some verbatim.

nowadays

In-depth study of Mishneh Torah knew a renewal in the Judaism Lithuania N of the end of the 19th century. Among the eminent authorities to have carried out a recent comment, one notes the Or Samea' H (Merry Light) of Rav Meïr Simha de Dvinsk, the Hiddoushei Rabbi Haïm ( novellae of Rav Haïm) of Rav Haïm Soloveitchik, the Even ha-Ezel (basic stone) of Rav Isser Zalman Meltzer and, more recently, the Avi Ezri (My father is my assistance) of Rav Elazar Menachem Shach and the Hadran Al ha-Rambam (Return on Rambam) of Rav Menachem Mendel Schneerson.

Mishneh Torah is often one of the first post-talmudic sources consulted during the investigation of a question of Jewish law. Of mêem, much of speech of scholarship (for example, the drasha of the rabbi at the time of the Shabbat preceding Pessa' H or Yom Kippour) often turns around a difficulty between two passages of the work of Maïmonide.

Nowadays, of many Jewish orthodoxe, particularly the Habad, take part in the one of the annual academic cycles of Mishneh Torah (1 or 3 chapters per day).

To read

  • Pr F. Rosner, " Medicine drawn from Mishne Torah of Maïmonide" (Transl. D. & Dr. A. Beresniak), published by BibliEurope and International Britt, 1992 ISBN 2-9506285-3-2

External bonds

  • Wikisource
  • Full text of Mishné Torah
  • Full text of Mishné Torah
  • study of the French yad on torah.org
  • integral Mishné Torah (Edition 2005), precise version, in only one volume, including/understanding 8 index and an introduction on the biography of Rambam, the various versions, the book itself, the methodology of Rambam and its influence on the world of Halacha and the Jewish thought.

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