Page:משנה תורה דפוס ווארשא-ווילנא כרך ראשון 1.pdf/2

Introduction of Maimonides, of blessed memory

Then I shall not be ashamed, when I have regard unto all Your commandments.

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All of the commandments that were given to Moses at Sinai were given with their meanings, as it says: "And I will give you the Stone Tablets and the Torah and the commandments". "The Torah" refers to the Written Torah, and "the commandments" refers to its explanations. And He commanded us to fulfill the "Torah" based on the "commandments". And these "commandments" are what are called the Oral Law. The entire Torah was written by our teacher Moses before he died, in his handwriting. And he gave one copy of the Torah to each tribe and placed one copy in the Ark for a witness; as it says: "Take this Torah scroll and place it" etc. And he did not write down the "commandment" which is the explanation of the Torah. Rather he instructed it to the elders and to Joshua and to the rest of the entirety of Israel, as it says: "The entire matter which I command you, that you shall be careful to fulfill" etc. And therefore, it is called "the Oral Torah". Although the Oral Torah was not written down, our teacher Moses taught it in its entirety in his court to seventy elders; and Eleazar and Pinchas and Joshua, the three of them received it from Moses. And our teacher Moses passed down the Oral Torah to his student Joshua and commanded him on it; and Joshua also taught it orally for his entire life. And many elders received it from Joshua. And Eli received it from the elders and from Pinchas. And Samuel received it from Eli and his Court. And David received it from Samuel and his Court.

Criticism of Rabbi Abraham ben David

*And Ahijah the Shilonite etc. Said Abraham: This is not correct. Rather, Ahijah the Shilonite was from the Court of David.*And Ahijah the Shilonite was from those who left Egypt, and he was a Levite, and he heard from Moses, and he was young in the days of Moses, and he received it from David and his Court. And Elijah received it from Ahijah the Shilonite and his Court. And Elisha received it from Elijah and his Court. And Jehoiada the Priest received it from Elisha and his Court. And Zechariah received it from Jehoiada and his Court. And Hosea received it from Zechariah and his Court. And Amos received it from Hosea and his Court. And Isaiah received it from Amos and his Court. And Micah received it from Isaiah and his Court. And Joel received it from Micah and his Court. And Nahum received it from Joel and his Court. And Habakkuk received it from Nahum and his Court. And Zephaniah received it from Habakkuk and his Court. And Jeremiah received it from Zephaniah and his Court. And Baruch ben Neriah received it from Jeremiah and his Court. And Ezra and his Court received it from Baruch ben Neriah and his Court. The Court of Ezra are those who are called The Men of the Great Assembly, and they are: Haggai, Zechariah and Malachi, Daniel and Hananiah and Mishael and Azariah and Nehemiah ben Hachaliah and Mordecai Bilshan and Zerubbabel and many sages with them, comprising one hundred and twenty elders. The last one of them is Simeon the Just and he was included in the one hundred and twenty. And he received the Oral Torah from all of them. And he was a High Priest after Ezra. Antigonus of Sokho and his Court received it from Simeon the Just and his Court. And Jose ben Joezer of Zeredah and Joseph ben Jochanan of Jerusalem and their Court received it from Antigonus and his Court. And Joshua ben Perachiah and Nittai of Arbela and their Court received it from Jose ben Joezer and Joseph ben Jochanan and their Court. And Judah ben Tabbai and Simeon ben Shetach and their Court received it from Joshua ben Perachiah and Nittai of Arbela and their Court. Shmaya and Abtalion, the righteous converts, and their Court, received it from Judah and Simeon and their Court. Hillel and Shammai and their Court received it from Shmaya and Abtalion and their Court. And Rabbi Yohanan ben Zakkai and Rabbi Simeon son of Hillel the Elder received it from Hillel [and Shammai] and his Court. Rabbi Yohanan ben Zakkai had five students and they are the greatest of the Sages who received it from him. And they are: Rabbi Eliezer the Great and Rabbi Joshua and Rabbi Jose haKohen and Rabbi Simeon ben Nethaneel and Rabbi Eleazar ben Arach. And Rabbi Akiva ben Yosef received it from Rabbi Eliezer the Great. And Yosef, his father, was a righteous convert. And Rabbi Ishmael and Rabbi Meir, son of a righteous convert, received it from Rabbi Akiva. And Rabbi Meir and his colleagues also received it from Rabbi Ishmael. The colleagues of Rabbi Meir are: Rabbi Judah and Rabbi Yose and Rabbi Shimon and Rabbi Nehemiah and Rabbi Eleazar ben Shammua and Rabbi Johanan HaSandlar and Simeon ben Azzai and Rabbi Hananiah ben Teradion. And the colleagues of Rabbi Akiva also received it from Rabbi Eliezer the Great. And the colleagues of Rabbi Akiva are: Rabbi Tarfon, the teacher of Rabbi Jose the Galelian, and Rabbi Simeon ben Eleazar and Rabbi Johanan ben Nuri. Rabbi Gamaliel the Elder received it from Rabbi Simeon his father, the son of Hillel the Elder. And Rabbi Simeon his son received it from him. And Rabbi Gamaliel his son received it from him. And Rabbi Simeon his son received it from him. And Rabbi Judah the son of Rabbi Simeon – he is who's called Rabbenu HaQadosh; and he received it from his father and from Rabbi Eleazar ben Shammua and from Rabbi Shimon his colleagues. Rabbenu HaQadosh compiled the Mishnah. And from the days of our teacher Moses, and until Rabbenu HaQadosh, they did not compile a compilation to be taught in public in the Oral Torah. But in each and every generation, the Head of Court or

Introduction of Rabbi J. Karo, may the memory of the righteous be for a blessing (author of Kesef Mishneh).

I have seen that which Moses, the Great Light, son of Maimon, of blessed memory, took upon him to expound this law. Moses commanded us a law, an inheritance, and compiled the compilation of the Great "Hand" on all the ordinances of the entire law, its generalities, its particularities and its details; and who like him teaches in a short and pure language like the language of the Mishnah? And the hand of the generations that come after him is short of understanding his words and of descending to the depth of his pure sayings, that are refined seven times. The source of each and every law is also hidden from them. And moreover, with regard to that which Rabbi Abraham ben David criticised him; and in some instances, one needs a carpenter and the son of a carpenter to solve them. And Rabbi Moses Kohen also commented on him. And his words turn out as the words of the sealed book. And as our teacher Rabbi Asher wrote in a responsum, and this is his language: All those who instruct instructions from the words of our teacher, Rabbi Moses, son of Maimon, and are not fluent in Mishnah and Gemara to know from where he brought out his words, err to permit the forbidden and to forbid the permitted; for whoever reads it thinks that he understands it and it is not so. For if he is not fluent in Mishnah and Gemara and does not understand a thing to its right way and to its truth, he will fail in judgement and in instruction. Therefore, a man should not rely on reading his book to judge and to instruct if not that he will find proof in Gemara. And so I heard from the mouth of a great man in Barcelona who was fluent in three Orders and said: I wondered on people who did not learn Gemara and they read the books of our teacher, Rabbi Moses, son of Maimon, and they instruct and judge from his books and they think that they recognise from them; for he said: I recognise in myself that in the three Orders that I learnt, I understand when I read his books; but in his books in the laws of Kodashim and Agriculture, I do not understand in them anything. And I know that so it is to them in all his books. Until here is his language. And then, one holy one stood up speaking and authored the book Maggid Mishneh in which he revealed the location of the source of each law. And if that law is learnt as a disagreement, he gave a praiseworthy reason why he ruled that way. And he also settled and answered the criticisms of Rabbi Abraham ben David. And we heard that the name of the rabbi, the author of the book Maggid Mishneh, was Invidal de Tolosa, a friend of our teacher Rabbi Nissim. And behold, we did not merit his light, only in the Book of Seasons and Women and Holiness and Damages and Acquisition and Judgements. And even in these books, some laws and some chapters remained from which their explanation did not arrive to our hands. And my soul yearned and even pined to understand his words in all his books and to know their source and from where they come. And so did I see several people desiring and yearning for this. And therefore, I, the young Joseph, son of our teacher Rabbi Ephraim, son of our teacher Rabbi Joseph Karo, may his memory be for the life of the World to Come, stood up and were encouraged and strengthened with the mercy of Heaven and agreed to write on the rest of the books of Maimonides the source of each and every law and to explain his words and to answer to the criticisms of Rabbi Abraham ben David and to the comments of Rabbi Moses Kohen as my short hand will reach. And also in the books that the rabbi, the Maggid, did write on them, there remained instances that one needs to scrutinise in them and I will turn my hand on them. And if it is found in the words of the commentators of the Gemara, or Rabbi Isaac Alfasi, or in their responsa, that they spoke in them, in the understanding of the words of our teacher Moses, son of Maimon, I will write their words. And if I will see to answer his words in another way, I will write what they will show me from Heaven. And the reader, whatever he will choose he shall want and bring close. And in instances where I will not find it in the words of the aforementioned commentaries, I will write that which seems in my humble opinion. And I relied on the benevolence of God; He shall grant me free gifts to enlighten my eyes to be wise, to do good, to descend to the depth of the understanding of Maimonides, of blessed memory. And He should reveal my eyes to understand wonders from His Torah. And I named this book Kesef Mishneh since it contains the yearn of those yearning to understand the words of this precious book, Mishneh Torah. And from the True Helper, may He be adored, I will request help and assistance; He shall help me for the sake of the Glory of His Name and He should reveal my eyes and I shall see wonders from His Torah.

Kesef Mishneh

And Ahijah the Shilonite was from those who left Egypt etc. In the chapter There are those who Inherit (page 121b) it is learnt: Ahijah the Shilonite saw Amram. Wrote Rabbi Abraham ben David: "Said Abraham: This is not correct. Rather, Ahijah the Shilonite was from the court of David." Until here is his language. It seems that he means to say that since he was extremely old, it is not correct to say that he received from David who was younger than him in days. And also in wisdom, it is possible that Ahijah was greater than him; either because wisdom is with the aged or because he received from Moses. But what could be said is that he was from the Court of David; for David was the head of the Sanhedrin. And according to the opinion of our teacher, it could be said that even though we will say that he was wiser than David, it will still be correct to say "he received from David", meaning to say that he remained the head of oral tradition in his place.