Yeshiva University - Masmid Yearbook (New York, NY)

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M A SM I D por.iry l.iws, m.iicr.il i. li(iri,iticins, ilci.iiK ol, .iiul reason for, ihc h.isic l.iws in(.-ntioni. ' J. Divrc Soplierim, ,is util ,is llic rabbinic laws, though of equal nonnativt value, arc not be be counted amon the 613 Precepts. The Revelation on Sinai was the most exalted event in human history, and the laws then iven to Moses must be set apart and distinguished from all oihcr bindini; laws. Upon this concept JLpciul .scvi.r.il le al views peculiar to Maimonides. It is probable that in the establishment of the criteria concerning the 613 Precepts Maimonides was influenced by the views of Abraham Ibn Ezra in his Ye.sod More. Maimonides states somewhere that the Code, Mishna Torah, was originally planned by him as a reference work for his own use, as a path in the labyrinth of talmudic and rabbinic literature for practical purposes. A study of the Code, the highest expression of the systematic genius of post- Talmudic literature, convinces one that, consciously or subconsciously, Maimonides planned the Mishne Torah to be the authoritative code of life for all Israel, including the laws that are not ap- plicable to Jcwisii life in the Diaspor.i, like the laws of the Sanctuary and Levitical purity. It is evident from the Epistle of Maimonides to the Jewish Community in Yemen that he con- sidered the misery and anguish of Israel under the Cross and under the Crescent as the agony of the days preceding the Advent of the Messiah. He felt keenly the universal distress of his people and believed that the advent of the Redeemer was imminent. For, according to Maimonides, the redeinption depends mainly upon Israel ' s repen- tance and return to God. He exhorted the people against indulging in computations and predic- tions, from possible indications in the Scriptures, of the time of the redemption, but he hoped that the day might be near when Israel and its great affirmation of faith— its social morality — would come into their own. when the world would be blessed with peace and plenty, and would follow the sublime religious .ind social teachings of the Torah. The binding power of the Tor.di to be nrilidrii.itive even in the days of (lit Messiah, he composed the first, systematic presentation of the entire body of the Jewish behef and law, based upon the entire traditional literature of Israel of all ages to be jde(|uaie not only for his generation and the generations to come in the I)i3.s|X)ra, but even for the Messianic days. The Code contains all the Halakah, the well-spring of Jewisli reason, and all (hat is essential in the Agadah, the source and the depository of Jewish vision and emotion. The Halakah and the Agadah of Millennia, from Moses to Alfasi, Maimonidc-s sifted, selected, ar- ranged, recapitulated, illuminated and established as the norm of Jewish belief and law. In the Code, rabbinic learning celebrates its greatest triumph. The significance and influence of this epoch-making creation of Jewish lore, fashioned by Israel ' s supreme systematic and syn- thetic mind in the middle ages, can hardly be comprehended by those who are not thoroughly familiar with Jewish law and lore. The Code gave new impetus to the study and elucidation of many phases of traditional law which had been neglected since the day of the Amoraim. The scope of the encyclopedic knowledge, of the sources drawn upon in the construction of the Code, is even now not fully appreciated. It is likely to remain a permanent source of study for the serious student of the Halakah, second only to the Talmud itself. The greatest work in the codification of any system of law is thus the product of a .son of the pieople who placed content and depth above form and method of presentation. Maimonides seldom introduces a personal opinion in the Code. But the interpretation of individual Sug ' yoth of the Talmud, as often gleaned from his decisions, constitutes a com- mentary on both Talmuds, and sheds light also on their correct text, for Maimonides was a pains- taking student of the text, searching and verifying old manuscripts, as he penetrated and absorbed their spirit. As we view Maimonides from the perspective of three-quarters of a millennium, we behold him Thirteen

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M A SM ID mortal soul and its happiness and delit;lu in the knowledge and love of God. The fulfillment of the Biblical commandments inculcate fear of God, whereas true knowledge of His nature, as far as it is attainable, leads to love of God. For, as Maimonides says, One cannot love God except through the knowledge with which one knows Him; and love is in proportion with such knowl- edge. Thus love must by its ■e y nature occupy man ' s entire mind, so that no room is left for any other desire. It is well known, says Mai- monides elsewhere, and quite evident that the love of God cannot strike deep root in the heart of man unless it occupies his mind constantly so that nothing in the world really matters to him except the love of God. The general object of the Law is twofold; the well-being of the body and the well-being of the soul. The first con- sists in being healthy and in the best possible physical condition. The second perfection of man consists in his becoming an actually intelli- gent being; knowing about things in existence all that a person most perfectly developed may know. It is evident that this second perfection does not include any actions and moral virtues, but only intellectual conceptions, which are ar- rived at by speculation, and are the result of rea- soning. It is also evident that the second and superior kind of perfection can only be attained when the first perfection had been acquired. To help man attain this first perfection Maimonides dedicated his great halakic trilogy. In his early manhood he composed his Com- mentary on the Mishna. The Mishna, the basic and authoritative code of the Oral Law, edited by Judah Hanasi, with whom Maimonides claimed relationship, with whom indeed he felt a spiritual kinship, became after a millennium a work al- most unintelligible by itself and inaccesible to the average student because of the maze of the tal- mudic and post-talmudic literature, which in time had been grouped around it. Maimonides, through his Commentary written in Arabic, — then the language of the people — endeavored to restore the Mishna to its historic place as the fount.iin head of the Halakah. What his Code is to the discursory literature, his Commentary is to the Mishna. Every division of the Mishna is pre- ceded, in his Commentary, by a comprehensive, and often exhaustive, introduction, revealing the underlying principles of the Mishnaic laws. The text and context of every Mishna are properly analyzed and interpreted, and where several opinions are offered, the final decision is made clear. The moral, theological, and scientific ref- erences are made subject to lengthy discussions, displaying the impact of Maimonides ' incisive and systematic mind. The Commentary is still in- valuable to the student as a scientific introduction to the study of Jewish belief and Law. This first resume by Maimonides of the Oral Law, while revealing him as the undisputed master of his subject and his method, is not so all-inclusive as the source-material used by him in the Code. This is particularly true of his use of the Palestinian Talmud. Some of the views expressed in the Commentary, particularly in matters of religious speculation, are somewhat modified in his later works, and we are thus granted a glimpse of the unfolding of his creative mind and vigorous spirit. The Book of Precepts, the second in the halakic trilogy, serves as an introduction to his monu- mental work, the Code. It enumerates and classi- fies the laws of the Torah, which, according to an old tradition considered by Maimonides to be authentic, number 613, in accordance with new and precise criteria and principles. The revela- tion of the Torah to Moses on Sinai is to Mai- monides one of the cardinal principles of Judaism, upon which rests the authenticity of the Torah ; this serves as the basis of his conception of the Torah. The supremacy and uniqueness of the prophecy of Moses is the key to many views of Maimonides. In the 14 Principles in his Book of Precepts he established criteria to distinguish between the Scriptural laws given to Moses on Sinai, laws that are immutable and eternal, to be numbered among the 613 Precepts, and the tem- Twelve

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M ASM ID a Hit;h Priest, taithful guardian and custodian of the Torah in its fulness and purity; as a disciple of the prophets, exalted exponent of Israel ' s fundamental affirmation of the absolute unit) ' , of God (from which follows the essential unity of man), of divine optimism and inherent good that underlies life and man, of the ethical vision of his people, and as the wise man and practical philosopher, the healer of the body as well as the soul, teaching physical and mental hygiene, the ways of life and illuminating the practical wisdom of his people. His niche in the sanctuary of hu- manity is just beginning to be revealed in the per- spective of time, for he truly was an exalted personality. Today, as in the days of Maimonides 800 years ago, Israel is beset by vilifying, unrelenting ene- mies from without; and spiritual aridity, deaden- ing indifference to, and arrogant ignorance of, its millennial heritage threaten its existence from within. The chasm between the truths of the Torah and the spirit of science seems to be widen- ing. Close contact with modern life and thought make it imperative to reformulate Israel ' s views on life and human destiny, on the vital problems of existence. ' We stand in need of a Maimonides to encourage and guide the preplexed and faint- hearted among us, who are losing the way, to heal the spiritual wounds of our people, and once again harmoniously to unite reason and life-giving faith. A man is needed that can call a halt to false prophets, who, claiming to seek the ad- vancement of Judaism, attempt to transfer the center of gravity of Jewish life from the Torah to a new paganism of folk-lore and folk-ways, substituting for the God of Israel a faith built out of folk psychology — a venture which every page of our millennial history warns us must end indisaster. As in the days of Maimonides, Israel is ever ready to meet the challenge of the times, though it does not embrace as the final truth every scienti- fic hypothesis, some of which are often inimical to its own fundamental affirmations. Theories come and go. They are beginning to come nearer to the fundamental affirmations of the Torah, and the word of our God shall remain forever. Perhaps never before has humanity been in greater need of a constructive philosophy, of a spiritual interpretation of life and human history. Toward this mankind is groping, impelled by the instinct of self-preservation. Thoughtful men are beginning to recognize that we are in the midst of the twilight of material domination of thought and of dogmatism in science, that marked and marred the passing era. Advancing scientific thought is freeing itself from the tyranny of a mechanistic interpretation of existence. ' We stand at a turning point in man ' s understanding of the universe and of himself. There is a growing awareness of a purposeful world and of man as a rational, responsible agent of the world, as Mai- monides conceived them. The more profound the insight of the scientist and scholar into the phenomena of nature, the more intensive and re- fined his scientific experience and intuition, the less conflicting seem such knowledge and faith. The might, mystery and majesty of the unmeasured cosmos, constantly unfolding before us, of the myriads of spheres, of life and of the life of the spirit, cause the true scientist to exclaim with the Psalmist in wonderment and awe: ' When I be- hold Thy heavens, the work of Thy fingers, the moon and the stars, which Thou hast established — what is the mortal, that Thou rememberest him? and the son of man, th.it Thou thinkest of him? Yet thou hast made him but a little less than angels. The growing recognition of the validity of genuine spiritual experience and the reawakening spiritual insight and longing are destined to give new directions to man ' s quest of ultimate reality and unity. No wonder that mankind, notwith- standing the resurging eternal hatred of the eter- nal people, is in its search for spiritual truth, coming again and increasingly to rely upon the fundamental concepts and thoughts of Jewish (Couliniied oil page 28)