Jewish philosophy -- Early works to 1800; Judaism -- Works to 1900; Philosophy, Medieval -- Early works to 1800
This Sefer ha-miẓvot was executed as a preparation for his principal
work, the Mishneh Torah, or Yad ha-ḥazakah, which consists of an
Introduction and fourteen Books. In the Introduction the author first
describes the chain of tradition from Moses to the close of the Talmud,
and then he explains his method in compiling the work. He distinguishes
between the dicta found in the Talmud, Sifre, Sifra, or Tosefta, on the
one hand, and the dicta of the Geonim on the other; the former were
binding on all Jews, the latter only as far as their necessity and
their utility or the authority of their propounders was recognized.
Having once for all stated the sources from which he compiled his work,
he did not deem it necessary to name in each case the authority for his
opinion or the particular passage from which he derived his dictum. Any
addition of references to each paragraph he probably considered useless
to the uninformed and superfluous to the learned. At a later time he
discovered his error, he being himself unable to find again the sources
of some of his decisions. Rabbi Joseph Caro, in his commentary on the
Mishneh Torah, termed Keseph Mishneh, remedied this deficiency. The
Introduction is followed by the enumeration of the six hundred and
thirteen precepts and a description of the plan of the work, its
division into fourteen books, and the division of the latter into
sections, chapters, and paragraphs.
According to the author, the Mishneh Torah is a mere compendium of the
Talmud; but he found sufficient opportunities to display his real
genius, his philosophical mind, and his ethical doctrines. For in
stating what the traditional Law enjoined he had to exercise his own
judgment, and to decide whether a certain dictum was meant to be taken
literally or figuratively; whether it was the final decision of a
majority or the rejected opinion of a minority; whether it was part of
the Oral Law or a precept founded on the scientific views of a
particular author; and whether it was of universal application or was
only intended for a special period or a special locality. The first
Book, Sefer ha-maddaʻ, is the embodiment of his own ethical and
theological theories, although he frequently refers to the Sayings of
our Sages, and employs the phraseology of the Talmud. Similarly, the
section on the Jewish Calendar, Hilkot ha-ʻibur, may be considered as
his original work. In each group of the halakot, its source, a certain
passage of the Pentateuch, is first quoted, with its traditional
interpretation, and then the detailed rules follow in systematic order.
The Mishneh Torah was written by the author in pure Hebrew; when
subsequently a friend asked him to translate it into Arabic, he said he
would prefer to have his Arabic writings translated into Hebrew instead
of the reverse. The style is an imitation of the Mishnah; he did not
choose, the author says, the philosophical style, because that would be
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