Maimonides' halakhic magnum opus.
By Rachel Furst
In size and scope, as well as organization and literary
style, Moses Maimonides' Mishneh Torah ranks among the greatest and most innovative
Jewish legal texts of all time. In its own day, the Mishneh Torah was
ground-breaking for its novel system of codifying halakhah (Jewish law),
and in the more than 800 years since its composition, the Mishneh Torah remains
matchless in its lucidity and breadth.
Moses ben Maimon
(1135–1204)--physician, philosopher, rabbinic authority--was a towering figure
in the world of Jewish scholarship even before he composed his halakhic
masterpiece.
As a young man, he
wrote a commentary on the Mishnah, commentaries on several tractates of the Babylonian Talmud, and
another composition (most of which has
been lost) focusing on the legal elements of the Jerusalem Talmud. Later in
life, he wrote his philosophical classic, the Guide for the Perplexed.
Yet the Mishneh Torah was the work Maimonides himself deemed his magnum
opus ("Hibbur Ha-Gadol"). By his own account, Maimonides invested
ten years of incessant drafting, revising, and editing in this tour de force, which was finally completed in 1180.
A Halakhic All-Inclusive
The Mishneh
Torah (literally, "Review of the Torah") was conceived as an
all-inclusive halakhic compendium, a guide to the entire system of Jewish law.
Maimonides was explicit about his reasons for undertaking an encyclopedic work
of such magnitude. He noted that the trials and tribulations of life in the
Diaspora had deprived scholars and laymen alike of the ability to understand
and assimilate the vast talmudic literature and the essential rulings of the geonim
(the leaders of Babylonian and North African Jewry); consequently, Jews were
unable to discern or properly observe the law. In its comprehensive scope, its
pragmatic style, and its systematic classification, the Mishneh Torah was
designed to simplify the process of study and to make the law accessible to
all.
The Mishneh
Torah is introduced by Sefer Ha-Mitzvot ("Book of the
Commandments"), which Maimonides actually wrote some years earlier, in
preparation for drafting his code. In Sefer Ha-Mitzvot,
Maimonides enumerates the traditional 613 mitzvot of the Torah, dividing
them into positive and negative precepts, and elaborating upon the rationale
behind his system of classification.
Organization of the Mishneh Torah
The Mishneh
Torah itself is comprised of fourteen sections, arranged thematically,
which encompass the range of Jewish law, from torts to ritual worship. In later
years, the work was called "Yad Ha-Hazakah," ("The Mighty
Hand") which alludes to the fourteen books that make up the code, as yod
and daled, the letters of the word "yad," represent
the number fourteen. The title was also a play on Deuteronomy 34:12, which
contains the author's first name: "And for all the great might [lit.
'mighty hand'] and awesome power that Moses displayed before all Israel."
This verse is a particularly apt reference, as the book of Deuteronomy itself
is sometimes called "Mishneh Torah."
The books of the Mishneh
Torah are:
Sefer Ha-Madda (The
Book of Knowledge), which examines the fundamentals of Jewish faith.
Sefer Ahavah
(The Book of Love [of God]), which covers prayers and blessings.
Sefer Zemanim
(The Book of Seasons), which is devoted to the Sabbath and holidays.
Sefer Nashim
(The Book of Women), which deals with family law, including marriage and
divorce.
Sefer Kedushah
(The Book of Holiness), which includes sexual prohibitions and dietary laws.
Sefer Hafla'ah
(The Book of Utterances), which treats subjects such as oaths and vows.
Sefer Zera'im (The
Book of Seeds), which deals with agricultural law and other commandments
effective in the Land of Israel.
Sefer Avodah
(The Book of Temple Service), which focuses on Temple worship.
Sefer Korbanot (The
Book of Sacrifices), which details the laws of sacrificial offerings.
Sefer Taharah
(The Book of Purity), which is devoted to the rules governing ritual purity.
Sefer Nezikin
(The Book of Damages), which focuses on property damage and personal injury.
Sefer Kinyan
(The Book of Acquisition), which deals with property rights and includes
sections on sales, neighborly relations, and partnerships.
Sefer Mishpatim
(The Book of Civil Laws), which includes hiring, borrowing, loaning, and
inheritance.
Sefer Shofetim
(The Book of Judges), which covers the legal system, the political system, and
mourning.
Each book is divided into sub-sections by topic, and each topic is reflected in
the sub-section's title, as in "Hilkhot Shabbat" ("The
Laws of Sabbath"), which is included in The Book of Seasons. The sub-sections are internally divided
into numbered chapters and paragraphs.
An Original Design
The format of the Mishneh
Torah was among its most innovative features. Prior to Maimonides, halakhic
writing followed either the order of the Torah, whose organizing principle is
difficult to discern, or the order of the Talmud, which is not entirely logical
in its classification or sequence. The organization of the Mishneh Torah into
books, sub-sections, chapters, and paragraphs was inspired by the similar
format of the Mishnah, yet
deviates from the specifics of the talmudic arrangement, which Maimonides found
lacking.
In reflecting upon
his own organizational principle, Maimonides held both logic and pedagogical
instincts responsible for his ultimate choice of arrangement, which was
dogmatically topical. Indeed, he considered the Mishneh Torah's original
design and its successful implementation to be among the greatest achievements
of his work.
Halakhic Methodology
In promoting his magnum
opus, Maimonides emphasized the comprehensive, all-inclusive nature of his
work, a feat of scholarship which had not been attempted since the composition
of the Mishnah. He envisioned
his work as a library of Jewish scholarship and suggested that one who studied
his code would have no need of consulting other books.
Determined to
combat widespread neglect of the theoretical and non-functional branches of the
Oral Torah, Maimonides incorporated these "academic" topics into his
code, in the hopes that their simplification would inspire renewed interest.
Indeed, a striking feature of the Mishneh Torah, which was presumably
intended as a guide to practical knowledge and observance, is the inclusion of
entire realms of halakhah not
applicable in the post-Temple era or outside the Land of Israel, such as the
laws of sacrifices and those of agriculture.
In drafting the Mishneh
Torah, Maimonides purposefully omitted bibliographic citations and excised
all traces of talmudic debate. Although every paragraph of the Mishneh Torah
draws upon a multitude of relevant biblical, talmudic, and geonic sources, Maimonides referenced none of
these, choosing instead to present the law as a uniform whole. He similarly
neglected to attribute legal opinions to their talmudic authors, even when he
himself ruled in accordance with one position over another, preferring to
create the impression of an undisputed legal tradition. The goal of this
unconventional approach was to simplify, condense, and increase accessibility,
yet it drew harsh and unforgiving criticism from Maimonides' opponents.
Opposition to the Mishneh Torah
Indeed, despite his
renown as a God-fearing Torah scholar and intellectual giant, Maimonides
encountered fierce opposition to his publication of the Mishneh Torah,
mainly in response to its innovative
halakhic methodology.
Rabbi Abraham ben
David (RaBaD) of Posquières was
his most passionate opponent; his critique centered on Maimonides' failure to
cite his sources or to preserve the names of talmudic sages. Others accused
Maimonides of attempting to supplant the Talmud and of weakening the chain of
tradition. The Mishneh Torah elicited controversy not only during the
course of Maimonides' own lifetime but for several generations thereafter.
Influence of the Mishneh Torah
That is not to say
that Maimonides' work went unappreciated. The Mishneh Torah was widely
disseminated throughout the Jewish world within years of its publication, and
it drew immediate praise from many quarters.
Maimonides merited
the sort of acclaim reserved for the champions of the ages, eliciting
comparisons to the heroic Rabbi Yehudah the Prince, redactor of the Mishnah,
and to Moses himself. Few who encountered the work remained unaffected, and the
Mishneh Torah inspired the composition of more commentaries than almost
any other piece of halakhic literature.
Although the Mishneh
Torah did not achieve the status of a definitive code or displace the
classics of Jewish scholarship, it undeniably changed the landscape of halakhic
study and practice. Virtually no subsequent halakhic work neglects to reference
Maimonides, and the influence of his masterpiece on the field of Jewish law can
hardly be understated.
Rachel Furst is a Talmud teacher and a graduate student
in medieval Jewish history at the Hebrew University of Jerusalem.
