Documente Academic
Documente Profesional
Documente Cultură
Zohar HaRakia
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Editorial Board:
Geoffrey Alderman (University of Buckingham, Buckinham)
Meir Bar-Ilan (Bar-Ilan University, Ramat Gan)
Herbert Basser (Queen’s University, Kingston, Ontario)
Donatella Ester Di Cesare (Universita La Sapienza, Rome)
Roberta Rosenberg Farber (Yeshiva University, New York)
Andreas Nachama (Touro College, Berlin)
Ira Robinson (Concordia University, Montreal)
Nissan Rubin (Bar-Ilan Unviersity, Ramat Gan)
Susan Starr Sered (Suffolk University, Boston)
Reeva Spector Simon (Yeshiva University, New York)
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ZOHAR
HARAKIA
RABBI SHIMON BEN
ZEMACH DURAN
English Translation
PHILIP J. CAPLAN
Boston 2012
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ISBN 978-1-936235-57-5
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Contents
Translator’s Preface 6
Introduction 9
Glossary 439
Index 445
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Translator's Preface
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together. We are also thankful for the many happy times that we shared,
not the least of which was when my study time and her violin practice
time filled our dwelling simultaneously.
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Introduction1
I have seen people of quality, and they are but few, and just one in ten of
these are masters. But there is a proliferation of unworthy people who
are sinful to God and speak like the piercings of a sword (Prov. 12:18).
They drink bowls of wine and strum on stringed instruments. They fill
their houses with silver, cloaks and girdles, turbans (Isa. 3:22–23), coats,
and vests. They are fat and sleek (Jer. 5:28), and they kick aside those
who dwell before the Lord They encircle them and pursue them and eas-
ily trample them (Judg. 20:43), while they let go from their mouths the
nipples of wisdom. They fill them with bitter herbs; they make them
swallow wall ivy and asafetida. They strike the face of a judge of Israel
with a rod and pluck his cheeks. And they become to all around them
a prickly brier and a painful thorn, despising them (Ezek. 28:24). [The
righteous] are among lions and must lie amid flames (Ps. 57:5).
But I, in the exile on the river Chebar (Ezek. 1:1),2 have hated doing
crooked things (Ps. 101:3), and I have hated them that keep false vani-
ties (Jon. 2:9) and seek idols and charmers (Isa. 19:3). All my life I have
grown up among the wise (Avot 1:17) from whose mouth I took Torah,
statutes, and laws. I did not envy the arrogant (Ps. 73:3), those who
were at ease from youth, settled quietly over their sediment (Jer. 48:11),
brought up with scarlet (Lam. 4:5), and dressed in crimson delicately,
having wrapped themselves with garments of linen and purple cloth
(Esther 8:15) and having eaten delicacies of gazelle, deer, roebuck, and
fine wheat flour. For I have seen during my days of vanity that guarded
wealth can make wings for itself (Prov. 23:5); one may lie down a rich
1 This is a prefatory poetic statement about the author’s values and the nature of his book. It is
written in the common florid style based mostly on biblical verses. I have indicated many of the
biblical sources in order to make the mode of expression more understandable. The main poetic
device used is the repetition of the sound teem at the end of sentences. The thoughts expressed
are (a) the vanity of worldly pleasures, (b) the excellence of the pursuit of wisdom, (c) the author’s
experience of conflicting enumerations by preceding authorities of the 613 commandments, (d)
his decision to study the subject deeply and to formulate his own evaluations, and (e) his hope that
his work Zohar Harakia will be blessed with success. The opening line is based on a Talmudic source
(Sanhedrin 97b, Sukkah 45b) about a statement of Rabbi Shimon bar Yochai. It perhaps was part
of Duran’s intention to play on the identity of his own name with that of the great Talmudic figure.
2 Duran actually resided in Algiers. Like Ezekiel, he was forced to abandon his birthplace.
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man, and at daybreak his acquisitions can tumble. Those who store up
violent gain and plunder will reach a time when they will be violently
hurled, and they will be wound around (Isa. 22:18). Their wealth will be
no avail on the day of wrath to save those who are taken toward death
and are tottering toward slaughter (Prov. 24:11). Though the same event
befalls the righteous as the wicked (Eccles. 9:2), and as one dies, so dies
the other (ibid., 3:19), for the one they weep and mourn, and for the
other they scratch themselves and make incisions. I have seen, never-
theless, that there is an excellence of wisdom over wealth, just as those
who use good sense have excellence over fools. For the rich man on his
death leaves his wealth to others (Ps. 49:11) who may eat, drink, and
curse, and when they quarrel, they will lie down in sorrow (Isa. 50:13),
struggling and arguing. However, when the wise man lies down [in
death] with his fathers, he leaves behind him a treasured and organized
blessing; books that enlighten like the brilliance of the firmament (Dan.
12:3) and that extend peace like a river (Isa. 66:12).
And today, I was called away from the valley of the law, and I saw
army arrayed against army in battles of wielding (Isa. 30:32) drawn
swords; in the hand of one a splendid rod and in the hand of the other
a strong staff (Isa. 48:17) and rods, to bring forth the number of God’s
host, i.e., his commandments, to call out each of them by name, accord-
ing to his criteria, one saying one way and the other saying otherwise;
one having his sword at his side, and the other one saying, “Brighten the
arrows and gather the shields” (Jer. 51:11). I saw this, and I was con-
fused, I fell on my face and I slumbered, I fainted and I became ill (Dan.
8:27) like a man would sleep after being chastised with scorpions and
whips (1 Kings 12:11). And when I said, “Let me turn to see” (Exod. 3:3)
[these discussions], pains came upon me (Dan. 10:16), and all my bones
shook, and my heart swayed like the swaying of acacia trees (Isa. 7:2).
But on second thought, I saw that I am not better than my fathers and
not greater than my teachers. For when I see a book compiled in which
weighty things are treated (Ps. 87:3), a person should sharpen the face
of his comrade (Prov. 27:17). He should protect and give understanding
[to his comrades], who are picking among the sheaves after the harvest
(Ruth 2:15).3
3 The preceding says that one should not be overwhelmed by the difficulties in the works of his
predecessors but should work on elucidating them for the benefit of his fellow students.
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Then [there came a time when] I could say, “Behold I came with the
scroll of a book written about what my eyes saw and my eyes discerned,”
since I sifted the flour and removed the bran. And I spoke the prayer,
“May He who answered Phineas at Shittim answer us from his holy
heavens.”4 Since this book is based on the Azharot, I called it Zohar
Harakia (Dan. 12:3). So perhaps God will see me in my lowly state and
will show me Himself and His abode in the section of the righteous,
who shine like the brightness of the firmament (ibid.). And when my
transformation comes (Josh. 14:14), my name will be on this book as a
memorial, as the names of the tribes were on Aaron’s shoulders (Exod.
28:9–12). And if I go on this road with my heart wayward (Isa. 57:17),
will not God search this out, for He knows the hidden parts of the heart,
His throne is the heavens, and His eyes survey the whole earth. May He
send to us the messenger of the covenant (Mal. 3:1), for a redeemer will
come to Zion, the king bound captive in their coils (Song of Songs 7:6).
4 There is no explicit mention in Num. 25 of Phineas praying at Shittim. But in Ps. 106:30, the word
vayefallel is used, which is akin to the word for “prayed.” In the penitential prayer “Mi sheanah,”
we have “May He who answered Phineas when he arose from the congregation, answer us.” The
reason why Duran picked the particular instance of Phineas was on account of the place Shittim,
which is good for his rhyme scheme here.
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5 The following poem extolling the rewards of studying Torah has six lines. Each line ends with the
sound kia, which is the concluding sound of the Hebrew title.
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that two statements [of the Decalogue] Israel heard from the mouth of
the Holy One, blessed is He, i.e., “I am . . .” and “You shall not have . . .”
That is alluded to by (Song of Songs 1:2) “He would kiss me from the
kisses of his mouth” [implying] not all of the kisses. [The rabbis say that
the kisses here symbolize the giving of the Decalogue, and the preposi-
tion “from” implies that only some parts of it were given directly like a
kiss.] But the other rabbis said that Israel heard all the statements [of
the Decalogue] from the mouth of the Mighty One. Rabbi Joshua of
Sichnin in the name of Rabbi Levi [explained] that the reasoning of the
other rabbis is that only after all the statements of the Decalogue that
it is written (Exod. 20:16) “You speak with us that we may hear” [that
is, the people, having heard the Decalogue directly from the Almighty,
were overwhelmed and asked that thereafter Moses should speak God’s
messages]. How does Rabbi Joshua ben Levi deal with this [reasoning
on the basis of Exod. 20:16]? He would say that there is no chronological
order in the Torah [and the request in 20:16 happened after the second
statement, and the remaining eight were delivered by Moses]. Then [if
the chronological order is uncertain, how do you know it happened af-
ter the second statement, since] “you speak with us that we may hear”
might have been spoken after two or three statements of the Decalogue.
[This is addressed by] Rabbi Azariah and Rabbi Yehudah b’rabbi Simon,
who said on behalf of Rabbi Joshua ben Levi, whose opinion they held:
“It is written ‘Moses commanded us Torah.’ The whole Torah has 613
commandments. The gematria value of Torah accounts for 611 com-
mandments that Moses spoke to us. ‘I am . . .’ and ‘You shall not have . . .’
we heard not from Moses’s mouth but from the mouth of the Holy
One, blessed is He [in conformity with Rabbi Joshua ben Levi’s opinion
about] ‘He would kiss me from the kisses of his mouth.’” [This concludes
the quotation from Midrash Chazita.]
Thus, it is clear that there is disagreement about the interpretation
of Rav Hamnuna. Nevertheless, we must say that even though the
Midrashic interpretation of the verse, “Moses commanded us Torah” is
not accepted by everyone, still the number of Rabbi Simlai is accepted by
everyone. Even if they could not find any support for this in Scripture,
we could say that it was an accepted tradition that this was the number
of the commandments, and we should indeed say this, since we have
seen this number occurring widely in the Talmud and Midrashim. For
even in Midrash Chazita, in which the disagreement, which I mentioned
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was quoted, this number is mentioned even there as the number of the
commandments.
And in the Talmud, Sh’vuot (29a) and Nedarim (25a), regarding the
oath that Moses made Israel take, they stated, “He could have said, ‘Keep
the commandment concerning idol worship and the whole of the Torah,’
or else [instead of ‘the whole Torah’] ‘the 613 commandments.’” Also in
the Gemara Shabbat, chapter “Rabbi Akiva” (87a), and in Yebamot (62a)
it says, “What reasoning [led Moses to] break the tablets [of stone]? He
said that concerning the law of the Paschal lamb, which is only one of
the 613 commandments, the Torah states (Exod. 12:43), ‘No alien shall
eat of it.’ So when the whole Torah is involved, and Israel as a whole have
become apostates, it is even more true [that is, Israel does not deserve
to have the privilege of possessing the Torah, so he broke the tablets].”
Also in the Gemara Yebamot (47b), it is stated concerning Naomi that
she said to Ruth, “We are charged with observing 613 commandments.”
Likewise, [it is said] in Bereshit Rabba (24:5) that Rabbi Yehudah ben
Rabbi Simon said that the primeval Adam was worthy of having the
Torah given through him, which is in keeping with the verse (Gen. 5:1)
“This is the book of the generations of Adam.” The Holy One, blessed is
He, said, “I shall give the Torah to this work of my hands.” But He later
changed His mind and said, “I gave him only six commandments and
he has not been able to obey any of them: so how should I give him 248
positive commandments and 365 prohibitions?”
Also, in Midrash Tanchuma (Tetze 2), it is said that there are 248
positive commandments corresponding to the limbs of a person, [to
suggest] that each part of the body is telling him “Perform a command-
ment with me.” And there are 365 prohibitions, [to suggest] that every
day is saying to him, “Do not do a transgression on me.” And it is simi-
larly stated in Midrash Mishlei (Yalkut Mishlei 4:937). Likewise, there
are hints mentioned about this matter (Midrash Rabba, end of Korach),
where they expound concerning the tzitzit the verse (Num. 15:39) “And
you shall remember all the commandments of the Lord” [How does the
tzitzit symbolize all the commandments?] Tzitzit [when spelled with an
extra yod] has the gematria value 600. And the tzitzit fringes have eight
threads and five knots, so this adds up to 613. They also said about Jacob
that [even while] in the house of Laban, he fulfilled the 613 command-
ments, as it is said (Gen. 34:2 ), “I dwelt with Laban” [the word garti, I
dwelt] has the numerical value 613. They likewise said that Ruth the
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Moabite was so named [the gematria value of Ruth being 606] because
she became a proselyte and received 606 commandments, which, in ad-
dition to the seven Noachide laws, becomes 613. Also they expounded
that (Jer. 2:21) “I planted you as a sorek” that it [sorek] has the gematria
value 606, corresponding to the number of commandments, which He
added for us over the Noachide laws. Also, etrog [citron] has the gema-
tria value 610, which combines with the three other species that are
with it to become 613.
We also have found a hint about this in the number of letters in the
Decalogue, which are 613 until [the last two words] asher l’re’echa. And
asher l’re’echa has seven letters corresponding to the Noachide laws.
When these are added, it becomes 620, which alludes to the Exalted
Crown of Torah [the gematria value of Keter, meaning “Crown,” is 620],
as is known to those familiar with Kabbalah.6
There is another allusion to this due to the masters of Kabbalah, based
on the thirty-two paths of wisdom, which Abraham, our patriarch, men-
tioned in his well-known book Sefer Yetzirah (Book of Creation). When
you multiply this by ten [the number of] utterances in the Decalogue,
which also corresponds to the ten Sefirot [of the mystical theory], you
have 320. Multiply this number by two, one corresponding to the quality
of love and the other to that of awe, and it also corresponds to the com-
mandment of “remember” (Exod. 20:8) and “observe” (Deut. 5:12) and
also to the two qualities of divine justice. This makes 640. Now subtract
that from the twenty-seven letters of the Hebrew alphabet [the twenty-
two regular letters] plus [the final forms of] mem, nun, tzade, pe, kaph,
there remains 613. For this reason, the Torah begins with the letter bet
and ends with a lamed [numerical values 2 and 30, respectively] to cor-
respond with the thirty-two paths of wisdom.
Furthermore, the number of threads of the tzitzit in the four corners
[of the garment] is thirty-two, eight on each corner. Therefore, it is writ-
ten (Num. 15:39), “And you shall remember [all of the commandments]”
[since the 613 commandments are based on the thirty-two paths of
wisdom]. In the commandment of tefillin, there is also an indication of
the 613 commandments, for the two letters shin on the chamber of the
6 The kabbalistic term for the highest of the Sefirot is Keter, i.e., Crown, or Keter Elyon, i.e., Exalted
Crown. The insertion “of Torah” is not standard terminology. It is based on the saying “the crown
of the Torah” in Avot 4:13, where it has a different connotation. Its insertion here may be due to
the numerical correspondence between the total content of the Torah and the highest Sefirah.
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head tefillin have the gematria value of 600 [since each shin equals 300].
The box itself equals six, [i.e., the six faces of a cube], and, as for the two
shins on the head chamber, one has three heads and the other has four,
so they all add up to 613. This is why it says, “That the law of the Lord be
in your mouth” (Exod. 13:9).
So there is a large consensus that this number is appropriate for the
enumeration of the commandments, about which there is no doubt
in the discussions of the Talmud and the Midrashim. Also, the early
Geonim and their great successors held this to be fundamental. And po-
ets relied on them and composed songs and poems about them7, and the
custom developed to recite them on Shavuot in synagogues throughout
the Diaspora of Israel, and no one expressed any doubt about this.
But there occurred to Nachmanides a serious doubt about this. This
is that many things are found in the Torah where there is disagreement
among the Talmudic sages as to whether they constitute a command-
ment or [an expression of] permission. Nachmanides cited some of
them, e.g., that Rabbi Ishmael and Rabbi Akiva disagreed in Tractate
Sotah (3a) about three verses as to whether they indicate obligation
or permission. The first is (Num. 5:14) “and he be jealous of his wife,”
which, according to Rabbi Ishmael, expresses permission, while Rabbi
Akiva says that it is a duty. The second is (Lev. 21:3) “for her he may [or
must] defile himself,” which, according to Rabbi Ishmael, expresses per-
mission, while Rabbi Akiva says that it is a duty. The third is (Lev. 25:45)
“of them you may [must] take bondmen forever,” which, according to
Rabbi Ishmael, expresses permission, while Rabbi Akiva says that it is a
duty. So according to Rabbi Ishmael, three of the 613 commandments
will be missing.
Also, in the first chapter of Kiddushin (21a) (concerning the verse
Lev. 25:25), “and he shall (may) redeem what his brother sold,” Rabbi
Joshua says that it expresses permission, but Rabbi Eliezer says that
it is a duty. A similar case is what we learned (Makkot 12a) that if an
[unintentional] murderer left his city of refuge, and a blood avenger
encountered him, Rabbi Yose says that it is a duty for the blood avenger
to kill him, while any other person is permitted to do so; but Rabbi
Akiva says that it is permitted for the blood avenger to kill him], etc.
And again in the Gemara Brachot (21a), there is disagreement whether
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8 However, it is likely that even Ben Zoma would not consider this an enumerated commandment,
since it is only derived by a kal v’chomer. See principle 2.
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says, ‘I obligate myself [to make an offering] of his value,’ the latter has
not said anything [that obligates him]? It is in the verse ‘he cannot be
ransomed,’” and this is not a prohibition. But according to the words of
the one who says [that the meaning of Lev. 27:29 is] that you should
not take money from the perpetrator and let him go free, it is an actual
prohibition.
I have also found a disagreement between Rabbi Meir and the sages
in the first chapter of Makkot (4b) about the verse relating to false
witnesses (Deut. 19:20), “you shall no more do such things.” Rabbi
Meir [considering this a prohibition] says that he [the false witness]
is whipped for this [transgression], and thus it should be included in
the enumeration. But according to the other sages, this clause is only
a declaration, and it is not included in the enumeration. Also, in the
chapter “Ha’isha” (Pesachim 91a), Rabbi Judah thinks that the verse
(Deut. 16:5) “You cannot sacrifice the Paschal lamb in any of your settle-
ments” has the purpose of forbidding slaughter of the Paschal lamb for a
single individual [by pausing after the word b’achad and retranslating as
“You cannot sacrifice the Paschal lamb for one person”]. So in his view,
it is enumerated as a commandment. But according to Rabbi Yose and
Rabbi Shimon, this verse is part of the general prohibition of slaughter-
ing in a wrong location, so it would not be enumerated separately. Also,
concerning the verse (Exod. 13:10) “You shall keep this statute in its
proper time from year to year,” there is an opinion that this verse applies
[not to the observance of Passover in its proper time in the year, but] to
the law of Tefillin [indicated in verse 9, and the meaning of “miyamim
yamimah” would not be “from year to year,” but that the proper time of
wearing tefillin is daytime, not nighttime]. According to this opinion,
one would have to add a prohibition, if one follows the opinion that
“you shall keep” (hishamer or v’shamarta) used in conjunction with
a positive statement actually has a negative force; or one would have
to add a positive commandment, if one follows the opinion that “you
shall keep” used in conjunction with a positive statement has a positive
force. Thus, generally, with these controversial commandments, those
who maintain that they are commandments would have an excess, if
there were already 613 commandments without them; and if there are
613 commandments with the inclusion of the controversial command-
ment, those who maintain that they are permissive verses would have a
deficiency in the enumeration of the 613 commandments. This is what
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that the Gaon had in many places deviated from the right path, and he
blamed him for making much error and confusion. Then the great rabbi
Nachmanides zealously took up the cause of the aforesaid Gaon and
defended him marvelously and brought his merits and showed that his
words were not as muddled as Maimonides had considered them. Now,
these two books are more desirable than gold. Each of them shows his
strength and his mighty and powerful achievements (Esther 10:2) in
thorough mastery of the Talmud, which was in their eyes like a set table
(Ezek. 23:41). When I examined these books, I saw that they would give
understanding to the uneducated and that anyone who is clear sighted
and skilled in the Talmud would, upon reading these books, see with his
eyes and understand in his heart (Isa. 6:10) that his knowledge previ-
ously was like a mustard seed in the great ocean, compared with what he
would know after reading them.
And so much more, if one delves deeply into all those laws that each
of them quotes in his books in their sources in the Talmud and in the
other places from which they are derived, then he will see himself as
if he were a new creature, as a result of the different spirit within him
(Num. 14:24) from the spirit conferred upon him by the spirit, which
was upon them (Num. 11:25). And he may consider himself eligible to
be counted with those who sit in the place of the wise (an adaptation of
2 Sam. 23:8), where he could ask, and they would reply; and they would
ask, and he would reply. Fortunate are they, and fortunate would be one
who had the chance to hear Torah from their mouths. Indeed with this
little honey (1 Sam. 14:23), which they bequeathed to us, our eyes have
been enlightened (ibid.). So if we had the privilege to converse mouth to
mouth, we might have had the spirit of purity upon us, and we would be
privileged to have the crown of a good name (Avot 4:13) and to be called
the least of the disciples of their least disciples.
Now, the latter-day scholars, although admitting (Eruvin 53a) that
their own heart [understanding] is only as wide as the opening of the
temple [ten cubits], compared with the earlier scholars, whose heart
was like the opening to the porch [twenty cubits], they would neverthe-
less not be ashamed if they would speak (Ps. 127:5) in contradiction to
their words [of the previous scholars]. For it is thus proper that no sage
or disciple should show deference to one greater than himself, when it
seems to him that there is a clear contradiction to his words. Although
all my words are actually only doubts, whether it be in contradiction
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include in this any commandment that originated after Mt. Sinai. And
if there is disagreement concerning certain commandments because of
this principle, it is only a few commandments where the Gaon [Halachot
Gedolot] includes them, and Maimonides excludes them from the enu-
meration because they are rabbinic; and Nachmanides attempts to find
some basis for considering them as part of the Torah. And in my com-
mentary on the commandments, I will discuss the thinking of each of
them, and I will give my decision.
But there developed in the context of this principle another mat-
ter where I found difficulty with their words. This is what Maimonides
wrote in his essay [i.e., in principle 1] and also in his large work (Mishneh
Torah, Mamrim 1:2) that if one transgresses the words of the sages, he
thereby transgresses the [Torah] prohibition of (Deut. 17:11) “You shall
not turn aside.” And Nachmanides refuted him, [saying] that what comes
under the prohibition of “you shall not turn aside” is what the rabbis say
in interpretation of the Torah, like those laws that are derived by the
thirteen rules of rabbinic interpretation and similar things. But enact-
ments of the sages are not included within this prohibition. Now the
argument on this is very displeasing to me, since Maimonides’s opinion
is contrary to what they concluded in the Gemara in the third chapter of
Shevuot (21b) and in the last chapter of Yoma (73b).*
*I will proceed If one swore not to eat forbidden food and then
here with a
reworked and, I
ate that forbidden food, he has not become guilty of
hope, simplified profaning his oath, and thus he does not have to bring
version, rather a guilt offering for that oath. This is because an oath
than following
Duran’s text. regarding a Torah commandment has no legal force. So
why do the rabbis in the Mishnah (Yoma 73b) prescribe
the guilt offering? Resh Lakish gives one solution that says that the oath
here concerns where the amount of forbidden food was less than the
legal minimum limit required for the person to be fully guilty. Thus, the
person had sworn against doing something that was not a repetition of
a Torah injunction, and the oath is binding.
Now Duran sees in this discussion an implication regarding the
Torah prohibition “You shall not turn aside.” For he argues that if this
prohibition encompasses all of the legislation of the rabbis, it would also
include and overlap the rabbinic prohibition against eating less than
the minimum amount [required for punishment]. But this would again
invalidate the oath! Thus, Duran concludes, “So, how could our teacher
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are sinners are invalid]. So to declare the kiddushin invalid, there would
be no need for rabbinic authorization to invalidate it, since it is not ef-
fective at all [from the outset].
Also, Nachmanides’s words, wherein he raised many objections
against Maimonides and [which appear to show] that rabbinic prohibi-
tions are not included in the prohibition “you shall not turn aside,” are
very questionable in my view. Now his objections, although very numer-
ous, may be classified into the two following types.
The first type comes from what we find throughout the Talmud
that rabbinic laws [literally “words of the scribes”] are to be judged
leniently. Nachmanides says that if words of the scribes are included
under the prohibition of “you shall not turn aside,” they would not be
treated more leniently than [explicit] words of the Torah, since both
are words of Torah, with no difference between them except that [the
latter] were explicitly commanded to us, while the former have no ex-
plicit commandment but are included in the general rule of “you shall
not turn aside.” For every [objection] of this sort, Maimonides could
reply that [essentially one indeed has to be strict with rabbinic laws],
but when the rabbis originally enacted their laws, they would forbid a
thing with the proviso that it would be forbidden only in cases where
[the transgression] was certain, but if there was a doubt [for example,
if item A was rabbinically forbidden, while item B was not, and their
identities were lost], they would allow this to be treated leniently. This is
not hard [to accept], since we find that they are lenient in their gezerah
(an additional rabbinic prohibition, which extends a Torah prohibition
in order to distance people from the actual Torah prohibition) that they
would not make another gezerah on it [the first gezerah]. As we say
(Shabb. 11b), “This is, however, a gezerah to a gezerah.” And in certain
instances (Betzah 3a), they need to explain [an apparent gezerah to a
gezerah by saying that the whole thing, both gezerahs, was instituted
simultaneously] as a single gezerah. The reason for this is [not that the
first gezerah lacks the backing of “you shall not turn aside,” but] that if
things would proliferate from one gezerah to the next, everything might
gradually become prohibited; therefore, they were lenient not to make
an additional gezerah.
Likewise, we should be able to say that when they forbade a certain
thing, they made a proviso at the outset that a doubtful case should be
regarded as permissible, and it is sufficient to forbid it when it is certain.
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9 Actually, one is guilty of transgressing this injunction even when willing to pay, but such a per-
son is treated more leniently on account of the popular misconception about it. This would be
analogous to treating leniently a transgressor of a rabbinic law, since the ordinary person does not
realize that rabbinic laws are forbidden through the Torah law of “you shall not turn aside.”
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10 In the next sentence, Duran briefly mentions a problem in comparing Maimonides’s words in his
Mishneh Torah with those in the Sefer Hamitzvot, but he does not deal with that matter here.
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can derive like branches from the roots, which [roots] were expressly
proclaimed to Moses at Sinai, and which comprise the 613 command-
ments, even if that person who derived it was Moses himself, then it
would not be valid to enumerate them.” He also wrote, “It has already
been explained that among the 613 commandments spoken to Moses at
Sinai there would not be enumerated anything from the 13 methods of
interpretation, even if [the derivation was made] in his [Moses’s] time.
And even more so, whatever they derived in later times should not be
enumerated, unless they had an explicit tradition from him [Moses, that
the particular derivation had Torah status].”
He [Maimonides] also learned [this principle] from what is stated in
Temurah (16a) that anything that they did not hear explicitly at Sinai
constitutes “words of the scribes” [and he applies this to the topic of
enumeration]. And he discusses at length along these lines. Also, his
opinion is evident from the fact that he criticized Halachot Gedolot for
not enumerating honoring one’s father’s wife [i.e., one’s stepmother],
which is derived from the ribbui based on the word et, just as he [Halachot
Gedolot] had enumerated revering a sage. Now, it is clearly stated in
Gemara Ketubot (103a) that honoring one’s stepmother is a Torah law.
Thus, he is not arguing with him [Halachot Gedolot] on this subject with
respect to their legal status, but with respect to enumerating them,
and that is why he enumerated some and not others. The totality of his
words is that he calls them [laws derived by rabbinic interpretation]
“rabbinical,” not with regard to their legal status, but with regard to
enumerating them.
On account of this, he [Maimonides] wrote in his large work (Mishneh
Torah, Ishut 1:2) that a woman is betrothed [in kiddushin] by three
methods, by money, by written contract, or by intercourse; and all three
are binding according to Torah law, although he considers kiddushin by
money as rabbinic. Here [also] we learn that he does not consider it rab-
binic with regard to its legal force, but with regard to it not being explicit
in the Torah and being rabbinically derived, [and a source] which reveals
that this is his opinion is found in his commentary on the Mishnah in
Order Toharot in his introduction to that order, where he enumerates
the principal types of impurities. He [separately] enumerates those
that are from the Torah and those that are rabbinic. And among those
that are from the Torah, he counts the carcass of a domestic animal or
a wild animal; and among those that are rabbinic, he counts the carcass
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of a clean fowl. Now, after he counted them among the rabbinic [types
of impurity], he wrote that “the corpse of a fowl, whether unclean or
clean [i.e., whether or not it is permissible to be eaten] is not a source of
impurity according to any direct expression in the Torah. For this rea-
son we have counted [defilement by the carcass of a clean fowl] among
the rabbinic sources of defilement. And regarding my affirmation that
it defiles according to Torah law, although it is not actually expressed,
there is proof for this in that one incurs the punishment of ‘cutting off’
if he enters the sanctuary and holy property [while thus impure]. They
have this [tradition] on the verse (Lev. 22:8), ‘a carcass or a torn beast
should not be eaten to become defiled by it.’” And toward the end of his
[Maimonides’s] words [in his introduction], after he had written this
[about the defilement by the carcass of a clean fowl], he lists the rabbinic
sources of impurity, and included among them is the carcass of a clean
fowl, although he insists that it is a source of impurity by Torah law.
Thus, it is evident that his opinion is that, although he counts the
carcass of a clean fowl as rabbinic source of impurity, it is not because its
legal status is like other rabbinic sources of impurity [which are actually
only rabbinic enactments], like idols and their appurtenances, which do
not incur “cutting off” [for defiling the temple]. But it is in this respect
like other sources, which are from Torah law. It is only called rabbinic,
since it is not explicitly in the Torah, but is derived from the methods
by which the Torah is properly interpreted, and it nevertheless has the
authority of Torah law.
This is like the situation where he [Maimonides] calls kiddushin by
money as being “from the words of the scribes,” since they come out
from the derivation [based on the word take], [which is used in the por-
tion dealing with marriage as well as that about] the field of Ephron.
He [Maimonides] wrote nevertheless that this has the binding force
of Torah law, and if one had sexual relations with a woman married by
means of money, he is punishable by execution. And if it only had rab-
binic authority, they would not condemn him to death. And the same
applies to anything derived from the methods of rabbinic interpreta-
tion of the Torah, that for Maimonides, it is deemed as binding with
the authority of the Torah, even though he calls them “from the words
of the scribes.” Likewise, in his Mishnah commentary, Tractate Kelim,
chapter 17, he wrote that the expression “from the words of the scribes”
includes [the situation)] where something is the opinion of the sages
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regarding the meaning [of a Torah verse], or about a law received from
Moses [although not recorded in the Torah], and thus doubtful cases
[of the above] would be treated stringently, as [for example] in doubt-
ful cases involving quantitative amounts [these being orally received
from Moses], although it [the term from the words of the scribes also]
includes rabbinic enactments and regulations. Thus, in chapter 2 of
Hilchot Tum’at Met (2:10), he wrote that the minimum size of a bone,
which can cause impurity, is the size of a barley kernel, and this being
an oral tradition, it has the authority of the Torah and not [that of a law
enacted] by the scribes.
It is also apparent that this is his [Maimonides’s] opinion, since he
wrote in the prohibitions (No. 168) that he did not count the defile-
ment of ordinary kohanim as two prohibitions, “he shall not enter” and
“he shall not defile” (ibid.), as he had counted them in the case of the
kohen gadol (prohibitions 167 and 168)11. For we only learn this about
them [that “he shall not enter” as well as “he shall not defile” applies to
the ordinary kohen] from a gezerah shavah. And he [Maimonides] wrote
there (prohibition 168) that this is in keeping with what he wrote in the
second principle. It has thus been made clear that his whole intention in
this matter concerns the enumeration of commandments, and he does
not mean that such laws have the status of rabbinic commandments.
He also wrote concerning the law of terefah (prohibition 181) that
the plain meaning of Scripture (Exod. 22:30) is that [terefah, meaning
torn by an animal, refers to a kosher animal] torn by a lion; tradition has
come down that [the expression “in the field”] refers to meat that has
been eaten in an illegal place. Other rabbinic interpretations were stated
[about varieties of terefah], which are punishable by whipping from the
Torah, even though they come out from a rabbinic interpretation. As to
what he wrote (Prohibition 181) that the types of terefah that the sages
listed [not in the simple meaning of terefah] are punishable only by rab-
binic flogging [rather than the whipping applied to Torah prohibitions],
this is because he [Maimonides] thought that, in this instance, the in-
terpretations were made as asmachta derivations [i.e., not meant by the
Torah as authentic teachings, but merely as suggestive of these laws].
And he has already reversed his opinion in his compendium (Maachalot
11 We are here following the manuscript bet-kof-gimel [b’kohen gadol] rather than the printed version
bet-he-gimel [baal Halachot Gedolot].
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Asurot 4:6). With this analysis [that Maimonides only considered laws
derived by the accepted modes of interpretation as having the validity
of Torah law], all the criticisms leveled at Maimonides vanish. And many
years have passed without the theory of Maimonides being clarified,
and we, in spite of our inferior level, have discovered what they did not.
PRINCIPLE 3. This is that one should not enumerate commandments
that do not apply throughout all generations. Nachmanides also agreed
with this principle. And it has to be so, since, if we were to include com-
mandments not applicable throughout all generations, it would add up
to a huge amount, since it would be counting every commandment that
came in Egypt and in the wilderness, both positive and negative. Also,
the number 613 for the commandments is derived from an interpreta-
tion of the verse (Deut. 33:4), “Moses charged us with the Torah,” and it
is there written “as a heritage of the congregation of Jacob”; and what
does not apply to all generations cannot constitute a heritage. Also, it
was stated in the Midrash (Tanchuma, Tetze 2) that the 248 positive
commandments correspond to the 248 limbs of the body, and the 365
prohibitions correspond to the 365 days of the year. For every limb says
to a person, “Rise up and perform a commandment with me,” and every
day says to him, “Do not transgress on me.” Therefore, the enumeration
is that of commandments that apply to future generations. There is no
doubt about this, but there is disagreement regarding this principle,
since the Gaon [Halachot Gedolot] lists certain commandments, which
Maimonides claims are not applicable to future generations, while
Nachmanides defends him and says that they are applicable. And when
I comment on the Azharot, I will deal at length with all the command-
ments that are disputed, as to the thinking of both parties, and I will
give my own decision. For at this point I only want to discuss the prin-
ciples, but the particular examples, I will discuss in their place.
What should be clarified here is that a “commandment only for a
particular time” [not for all generations] refers only to what we were
ordered to do or not to do at a particular time and never afterward in
any way, such as those proclaimed in Egypt or in the wilderness. For
they are dependent on a particular place and a particular time, and
when that time passes, that commandment would not be in effect at
all. Such things are “commandments for a particular time” and are not
included as “a heritage of the congregation of Jacob.” But those com-
mandments that are not in effect at every place and time, on account of
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the absence of that, which we are commanded to do or not to do, are not
called “commandments for a particular time” on account of the absence
of that thing. For then, the disuse of that commandment is not because
of its being a commandment for a particular time, but because that
thing which is the subject of that commandment has become extinct;
and if that thing were existent, the commandment would be in effect.
Therefore, the slaying of the seven nations [of Palestine)] and obliter-
ating the descendants of Amalek are called commandments for future
generations, even though these commandments are in disuse because
of the disappearance of these nations. For they were not at all time de-
pendent, but we were commanded to destroy them at any time that they
could be found; and even if all of them would be destroyed, they would
still not be excluded from [the permanent] commandments on account
of that. Thus did Maimonides write, and Nachmanides agreed with him.
And as for the disagreements that arose between them in the particulars
of this principle, I will write about them in the commentary on the com-
mandments, with the help of heaven.
PRINCIPLE 4. Commandments that cover the whole Torah do not
belong to the enumeration. On this basis, Mainonudes faulted the
Halachot Gedolot for enumerating “you shall be holy” (Lev. 19:22), for
Maimonides considers this as a summarizing commandment, like other
commandments that summarize the entire Torah, with the statements
(Lev. 18:4) “You shall perform my judgments and keep my statutes” and
“you shall keep my charge” (ibid., v. 30). He also faults him for includ-
ing in his enumeration “and you shall no more stiffen your neck” (Deut.
10:16), which includes the whole Torah, since it admonishes that one
should not make his heart hard, but one should accept the whole Torah.
Nachmanides agrees with this principle, and he does not take excep-
tion to Maimonides’s enumeration [involving this principle] at all, even
though he defends the Halachot Gedolot, who also agrees on this matter.
He [Halachot Gedolot)] only differed with Maimonides about one com-
mandment, i.e., “you shall be heedful about everything I said to you”
(Exod. 23:13), as I will mention in its proper place [Stanza 118 of the
Prohibitions].
PRINCIPLE 5. The reason for a commandment should not be counted
in the list of individual commandments. Maimonides brought examples
of this, [e.g.] “the husband who divorced her shall not take her to wife
again . . . you must not bring sin upon the land” (Deut. 24:4), for the ex-
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pression “you must not bring sin upon the land” is the reason for prohib-
iting him from taking her again. Likewise, (in the verse) “Do not degrade
your daughter, making her a harlot, lest the land fall into harlotry,” (Lev.
19:29), the expression “lest . . . fall into harlotry” is the reason for this
prohibition. Also, regarding taking ransom for a murderer, it is written
(Num. 35:34) “you shall not defile the land.”
But Nachmanides objected to him in these cases, that if they are only
expressions of reason, the prohibition would only apply in the land [of
Israel], for it would be dependent on this reason, and the reason only
applies only in the land [of Israel], so the prohibition is applicable only
in the land. This [reasoning of Nachmanides] is analogous to what they
[the Talmudic sages] said (Kiddushin 78a) that the reason for “he shall
not marry” (Lev. 21:14) is that “he shall not profane [his offspring],” so
unless he has had intercourse, he is not punishable by whipping. Also
[they said in Sanhedrin 54a], “What is the reason for ‘he shall not have
many’ (Deut. 17:17)? It is so that ‘[his heart] shall not go astray’ (ibid.),
so he may take many, as long as they do not lead his heart astray.” So
Nachmanides thinks that negative expressions are not mere reasons
but prohibitions. He brings proof from their words concerning removal
of the staves [of the ark, Exod. 25:15] and not loosening the breast
plate (Exod. 28:28) and not tearing the opening of the robe (ibid., v.
32), which are interpreted as actual prohibitions and not just reasons.
As it states in Tractate Yoma (72a), “If one tears priestly garments, he
is punishable by whipping. Rav Acha bar Yaakov objected that, [when
Scripture states ‘it should not be torn’ (v. 32), it might mean that one
should make the binding so that it would not be torn. [The reply given
was:] Is it written ‘that it should not be torn’? [No! It is written ‘it shall
not be torn’].” Similarly they said there, “Is it written ‘that it shall not
come loose’? Is it written ‘that they [the staves] shall not come off’?”
From here, Nachmanides infers that every place where a prohibition is
stated in the Torah, in addition to a commandment, and it is not an
explicit reason for what has come previously, we should consider it a
separate prohibition.
So it is with (Lev. 18:15) “Do not uncover the nakedness of your
daughter-in-law; she is your son’s wife; you shall not uncover her naked-
ness.” It would seem that this [“she is . . .] expresses the reason for the
prohibition, that, since she is your son’s wife, it is improper that you
uncover her nakedness. [However,] the sages interpreted this as an ad-
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ditional prohibition, which holds the person guilty even after his son’s
death. 12 And Nachmanides also quotes other instances that appear to
be reasons, but the sages take them to be prohibitions.
Nachmanides also says that giving a reason is not expressed by a neg-
ative expression but only by a positive expression, e.g. (Lev. 19:12) “You
shall not swear falsely by My name, and profane . . .” And they said in the
Sifra (Kedoshim 28:7) that this teaches us that a vain oath is a profana-
tion of the Divine Name. [I do not know why the Sifra says “vain oath”
rather than “false oath.”] Therefore, Nachmanides insists that these and
similar cases [negative commandments that Maimonides thinks are
reasons] are not just reasons but extra prohibitions. But it is still pos-
sible that they should not come [separately] into the enumeration, for
they are just repeated prohibitions about the same topic, [when done]
in the Land [of Israel]. Or perhaps they might enter separately into the
enumeration, being commandments to the court. Or they might be con-
sidered additional [MS has nosafim, not nohagim] prohibitions [when
done] in the Land, and could be included in the enumeration, like the
prohibition “Do not replace your neighbor’s boundary marker” (Deut.
19:14). For they interpreted this as a separate prohibition in addition
to (Lev. 19:13) “You shall not rob,” [when done] in the Land [of Israel].
And in my commentary on the commandments, I will explain all these
controversial prohibitions separately, with God’s help.
PRINCIPLE 6. For a commandment that has both a positive part
and a negative part, it is proper to enumerate its positive part among
the positive commandments, and its negative part among the negative
commandments. Maimonides listed three types among them. The first
has a positive commandment to perform something, and a prohibi-
tion against negating it, such as the Sabbath, the Sabbatical year, the
holidays, and the Day of Atonement. The second type has a prohibition
preceded by a positive commandment, such as (Deut. 22:29) “and she
shall be his wife,” and afterward “he may not divorce her.” The third
is where the positive commandment comes after the prohibition, and
the prohibition is connected with it [the positive commandment], like
12 The structure of Lev. 8:15 is quite different from the above verses where the second negative
statement might be construed as the purpose of the first statement. Here it is a different thing,
since the second negative statement is a repetition of the first, with slightly different wording.
Indeed, Nachmanides discusses this verse not in connection with principle 5, but with principle 9,
which deals with repeated prohibitions. See Chavell’s Sefer Hamitzvot L’harambam, p. 101.
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(Deut. 22:6) “do not take the mother with the young” and afterward
“send away the mother bird.” In all three cases, he counts the positive
part among the positive commandments, and the negative part among
negative commandments. And Maimonides states that regarding this
principle, no one has erred.13
But Nachmanides found in this matter a considerable disagree-
ment, which concerns prohibitions derived from positive statements,
like (Deut. 14:11) “You may eat any clean bird,” which they [the sages]
regarded as a positive commandment [implying that] you may not,
however, eat an unclean bird. And one who eats an unclean [bird] trans-
gresses this “positive” commandment, along with the expressly stated
prohibition about it. Now Maimonides does count these [positive com-
mandments 149ff and prohibitions 172ff], while Halachot Gedolot does
not count them. Also, he [Halachot Gedolot] does not count shechitah
(proper slaughter, which Maimonides has as Positive Commandment
No. 146), since it only means that one should not eat nevelah [a carcass
that died from causes other than ritual slaughter]. In my commentary
on the commandment, I will explain the opinion of both parties on all
of these commandments.
What you should realize at this point is that, regarding the number-
ing of the commandments, when we enumerate these positive aspects
among the positive commandments, and the negative aspects among
the negative commandments, it need not be that they are numbered
equally. I mean to say [that it need not be] that the number of positive
commandments should be equal to the negatives in a positive com-
mandment, or that the number of negative commandments be equal
to the positive commandments in it [i.e., in the negative command-
ment]. For there is a commandment of returning [wrongfully acquired
things], which is counted as one of the positive commandments (see
Stanza 22), while in the prohibitions, there are many in the enumera-
tion, e.g., [things obtained by] robbery or by nonpayment of money
owed (Stanza 16, Prohibitions). Also, burning of leftover [sacrificial
meat] is a single positive commandment, while there are several [cor-
responding] prohibitions (Prohibitions nos. 111–115), as I will explain
at that commandment (Stanza 40, Positive Commandments). And there
13 Note, however, that according to Perlow’s analysis of Rav Saadya Gaon’s work, the latter has quite
a different approach.
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person who sinned is a layman, he should bring a certain thing [as a sin
offering]; if he is a prince, he brings something else; and if he is a high
priest, yet something else; and if the sin had to do with idolatry, yet
something else. But it would not be right to enumerate each of these
details of this commandment as separate commandments.
Maimonides also mentioned as this type of thing, the death penalty
for one who cohabited with a married woman, specifically that if she
is fully married [with nissuin] it is by strangulation; if she was only
betrothed [by kiddushin], it is by stoning; and if she is the daughter
of a kohen, it is by burning. All of this constitutes only a single com-
mandment, which is to execute a man who has had sexual relations
with a married woman, for he has transgressed “You shall not commit
adultery” (Exod. 26:13). As for the strangulation, stoning, and burning,
all that only constitutes the details of the commandment. He brings
proof from what they stated in Sanhedrin (51b), “It is all included in
(Lev. 20:10) ‘both the adulterer and the adulteress shall surely be put
to death’; but Scripture makes a distinction that for an Israelite woman
it is by strangulation, and for the daughter of a kohen it is by burning.”
Therefore, Maimonides faulted those scholars [e.g. Halachot Gedolot]
who count for the adulterous woman three commandments: married,
betrothed, and daughter of a kohen.
Similarly, there evolves from this principle that one counts certain
scriptural portions as a single [commandment], for if we do not count
the whole section as a single commandment, the total would become too
large a number. In the case of the portion on murderers [intentional and
accidental, Num. 35:16–29], there are many details: “[he strikes him]
with an iron object . . . or with a stone tool . . . or with a wooden tool . . . ,
the blood-avenger must put him to death (ibid., vv. 16–18); if he pushed
him with hate or threw something at him on purpose or struck him with
hate, [he shall be put to death, vv. 20–21]; but if [he pushed him] with-
out malice aforethought or threw an object at him without intention
or without seeing threw a stone at him and he died, and he was not his
enemy . . . then the congregation shall protect [the manslayer] . . . and
the congregation shall return him [to the city of refuge] . . . and he shall
stay there until the death of the high priest . . . But if the slayer should
go out . . . but after the death of the high priest the slayer may return
(ibid., vv. 22–29).” If we were to enumerate each of the details of this
commandment, there would be sixteen commandments in this section.
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hibition. And all prohibitions except for a few are expressed by lo.” A
prohibition is also a commandment, in that we are commanded to do,
but, in order to distinguish between it and a positive commandment,
it is called a prohibition, and the other [positive] is called “command-
ment” [without adjective]. However, a negation is usually expressed by
the word ein [“it is not” or “there is not”], e.g. (Deut. 22:26), “It is not
a capital sin for the girl.” On occasion, it is expressed by lo, e.g. (Lev.
19:20), “They shall not [‘lo’] be put to death, for she was not set free,”
which means that they are not subject to capital punishment. Similar
cases are (Lev. 13:11) “he need not [temporarily] isolate him, for he is
unclean,” and (ibid., v. 36) “the priest shall not look for the hair,” and
(Lev. 27:33) “He shall not inquire whether it be good or bad.”14
The Halachot Gedolot also agrees with this principle, and therefore
he does not enumerate “The land shall not be sold in perpetuity” (Lev.
25:23), since he considers this as a negation rather than a prohibition
[contrary to Maimonides, who does count this as his Prohibition No.
227]. But Maimonides suspected him of not understanding it [this prin-
ciple] and therefore criticized him for enumerating (Exod. 21:17) “she
shall not go free as slaves go free” and (Num. 17:5) “he shall not be like
Korah and his band.” Nachmanides defended him in these cases, and
I will record their opinions in my commentary in the Azharot when I
explain these prohibitions and others that are connected with negation.
PRINCIPLE 9. It is not correct to enumerate the negative and positive
statements, but the things that are forbidden or commanded by them.
For the positive commandments, this thing is clear, and there is no dis-
agreement at all about it, that if there are many commandments about
one topic, we should count it as only one [enumerated commandment].
So we should not count “tzitzit” [fringes] as five commandments, even
though they stated (Menachot 44a) that anyone who has no “tzitzit”
on his clothing transgresses five positive commandments. Also, we do
not count tefillin as eight commandments, even though they said (ibid.)
that anyone who does not put on tefillin transgresses five positive state-
ments. They also stated (ibid.) that any kohen who does not go up to per-
form the priestly blessing transgresses three positive commandments,
14 The last example might sound like a prohibition. But the traditional understanding is that one
does not have to be concerned as to whether it does or does not have a blemish, which would
disqualify it as a sacrificial animal. Whichever animal comes by as the tenth is designated as the
tithe.
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are many verses concerning a single prohibition, there can be only a sin-
gle whipping. He cited proof from what Maimonides had quoted from
chapter “Kol Shaah” (Pesachim 24a), for it is taught there as follows.
“The verse (Lev. 7:19) ‘and the [sacrificial] meat which touches anything
unclean shall not be eaten’ could not apply to that [i.e., sacrificial meat]
only, since that is already evident by inference from the case of tithes.
For in the less stringent case of tithes the Torah said (Deut. 26:14), ‘I
have not consumed it, if unclean,’ and it is so much more so in the more
serious case of holy meat. Now you might still maintain that a prohibi-
tion derived from a minor-to-major inference is not sufficient for proper
warning [to be punished by whipping, the violator has to be warned by
citing the prohibition from the Torah], it can still be derived by a hekesh
[a rabbinic type of derivation from the juxtaposition of two cases]. For
it is written (Deut. 12:17), ‘You may not eat in your settlements of the
tithes of your grain [or of the firstlings of your herds, etc.].’ So if it [the
direct statement about sacrificial meat] is not needed, let it apply to all
[edibles] in the Torah that are forbidden [as sacrifices]. [This application
of a verse to cases not given in the actual scriptural words is a commonly
used rabbinic derivation].”
Now it is concerning the above quotation that they said, “Ravina
objected to Rav Ashi, ‘You could say that [the repetitious verses] mean
that one has transgressed two negative statements. Did not Abaye say
that if one ate a putitha [a small unclean fish] he is whipped four times;
if an ant, he is whipped five times; and, if a hornet, he is whipped six
times?’” This is saying that just as Abaye would impose six whippings
in one case on account of the repetition of the prohibition six times, so
here we could say that Scripture means [that if one ate] holy sacrificial
meat [that became] impure, he would be whipped twice, because of the
two prohibitions that were stated, i.e., the one derived from a hekesh
from the tithe prohibition, and the other being the prohibition that spe-
cifically applies to it. Thus, it is clear that if there are many prohibitions
about the same topic, one would be whipped for each prohibition, even
though it is a single topic.
But there is one condition about this that is agreed to by everyone,15
which is that the extra prohibitions for that commandment should not
be required to derive midrashic interpretations, and they only serve to
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ment. As they stated in Elu Terefot (Chullin 63b), “Why [were the laws
about clean versus unclean animals] repeated (in Deuteronomy 14 after
having been given in Leviticus 11)? For the beast, it is because of the [in-
clusion of] the sh’suah [Deut. 14:7 has this word, which normally means
“cleft,” but here the sages have claimed that it refers to an unusual type
of beast, which is only mentioned here]. For the birds, it is because of
the ra’ah (ibid., v. 13). And since they are needed to complete the mat-
ter, one is not to be whipped for them. Also, the repeated prohibitions
about the holidays all come for their teachings, and the prohibitions are
repeated for the new content in them, and they are only punishable once
by whipping.
And thus the multiple prohibitions about blood do not give rise to
multiple whippings. For they are expounded in Gemara Keritot (4b),
“Why are there five prohibitions stated about blood? One is for blood
of ordinary meat; one is for blood of sacrificial meat; one is for blood
covered with earth; one is for blood from organs; and one is for the last
oozing blood.” If it were not for this [interpretation of these verses],
they would have had a person who ate blood punished with five whip-
pings. And Rabbi Judah (ibid.) held that if one ate the forbidden fat of
sacrifices, he would be whipped three times. Once is for (Lev. 3:17) “You
shall eat no fat and no blood.” Another is for (Lev. 7:23) “You shall eat
no fat of an ox, lamb, or goat.” And another is for (Lev. 22:10) “No lay
person shall eat of the holy sacrifices.” Likewise, he (Rabbi Judah) would
impose two whippings for one who eats blood, since [besides the direct
prohibition] there is [an indirect one] from a hekesh [derivation by jux-
taposition, in this where blood is juxtaposed] with fat. So it is an evident
*The following
thing that with multiple prohibitive statements, there
remarks about are multiple whippings, even though they involve the
taking a pledge same word [here it is “blood”].*
and the Nazirite
are puzzling to Also, in the argument of Abaye and Rava about [a
me. They belong Nazirite eating] the husk or seed [of grapes, Stanza
more to the topic
of lav shebichlalut
63], and about taking as pledge the upper or lower
[inclusive millstone (Stanza 120), Abaye would have the trans-
prohibitions], rather gressor whipped twice, since the prohibition is du-
than repeated
prohibitions. plicated, although it concerns the same matter and
the same nomenclature. And Rava disagrees, since
the second prohibition is a lav shebichlalut. But if there had been a
separate prohibitive statement for each, a transgressor would have an
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three prohibitions, [two being from] “you shall not make for yourselves,”
and [the third being] from (Exod. 20:3) “You shall not have.” Hence,
according to the words of Rabbi Yose, one is to be whipped twice on
account of two prohibitive statements regarding keeping an idol, the
one being “not for yourselves,” and the other being “you shall not have.”
And in Sanhedrin, we learned in the Mishnah (Sanhedrin 7:4) that
if one had intercourse with his daughter-in-law, he is guilty on account
of her being his daughter-in-law (kallah) and also on account of her be-
ing a married woman. And they raised the question (Sanhedrin 54a)
why he was not also guilty on account of her being his son’s wife [since
in Lev. 18:15, the first clause mentions kallah, and the latter part uses
the term your wife’s son]. Abaye replied that the verse begins with “his
daughter-in-law” and concludes with “his son’s wife” to indicate that
“his daughter-in-law” and “his son’s wife” are identical terms. One can
deduce from this that if it were not for this limiting meaning found in
the word hee [“she is,” which indicates that the term kallah here is lim-
ited to the son’s wife], they would hold him guilty on account of two
prohibitions stated about this, i.e. (Lev. 18:15), “You shall not uncover
the nakedness of your daughter-in-law,” and “she is your son’s wife; you
shall not uncover her nakedness.” One would have to [therefore] bring
two sacrifices [sin offerings] if he had intercourse with her mistakenly,
and a third [sacrifice] for [the prohibition of] a married woman. And so
it would be regarding whippings [i.e., three whippings, if done inten-
tionally].
Nachmanides brought all the above proofs in order to refute the words
of Maimonides, who said that one is not punishable with two [or more]
whippings because of multiple prohibitive statements about a single
matter [lit. a single name], and that when a person is punished with
two whippings, it is only because there are two matters [two names]. So
from the totality of these proofs, his [Maimonides’s] opinion is refuted.
Also, he [Maimonides] had to give a very forced treatment of Abaye’s
dictum that if a person ate a putitha [a small creature of uncertain de-
scription], he is whipped four times [and other small creatures are also
multiply punished], by explaining that [the putitha, the ant, and the
hornet] involve [respectively] four, five, and six cases. He explains that
the putitha is a fowl, a swarming fowl, a swarming land creature, and a
swarming water creature, which makes four [distinct cases]. And an ant
is a winged creature, which is born from rotting fruit, which does not
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16 The argument is that shoretz, as in 11:41, indicates sexual reproduction, while romess refers to
nonsexual generation.
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count of [it being] a worm generated from rotting fruit that does not
reproduce. [These are three of the six forbidden characteristics of the
hornet.] But all this is difficult, that a worm that develops from rotting
fruit should be able to propagate, for anything that is not generated by
[a union of] male and female should not be able to reproduce. And a
proof of this is that [as noted in Betza 7a] an egg that is generated by [a
hen] rubbing against the earth will not hatch into a chick. This objection
is what Nachmanides wrote. But this is not difficult at all, in view of
what they state (Chullin 127a) that a mouse that developed from the
earth [i.e., without parents] can procreate, and the accepted rabbinic
tradition was that such a mouse is a source of defilement [like any other
mouse]. And the only exception is for a mouse, which [is not fully de-
veloped, but] is half mouse and half earth, which is not considered as
reproducing; but when it is entirely developed, they considered it as a
source of defilement, since they consider him capable of reproduction,
as they mention in chapter “Haor V’harotev” (Chullin 126b). Thus, there
is no problem for Maimonides’s view that one can be punished [for eat-
ing a hornet] on account of it being reproducing and on account of it
being not reproducing, since it would not be possible for one species to
be reproducing and not reproducing simultaneously [since, although its
origin was not reproductive, it becomes capable of reproducing after its
full development, and thus it has characteristics of both].
Another thing [that makes Maimonides’s explanation of putitha, etc.
difficult] is that Scripture mentions only twenty-four unclean species
of fowl. And such a species that would evolve from fruits, with which
of those [twenty-four] could this be identified? For the Torah has no
[general] prohibition about unclean fowl except those particularly men-
tioned, “And these of the fowl you shall detest” (Lev. 11:13). Also, how
is it possible that the hornet [which according to Maimonides also has
properties of an unclean fowl] tramples and eats [its prey], for any fowl
that does not trample is not forbidden, as it is noted in the Gemara,
chapter “Elu T’refot” (Chullin 59a)?
Also, Maimonides wrote that there is a specific prohibition about
unclean fish (Prohibition No. 173) and a [separate] prohibition about
swarming sea creatures (No. 179) from the verse (Lev. 11:43) “You shall
not make yourselves abominable with any swarming thing.” This does
not specify fowl or earth creatures or water creatures, and this prohi-
bition would be applied to swarming sea creatures [i.e., land swarm-
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ing creatures and swarming fowl are already covered by other specific
verses, so Lev. 11:43 is needed particularly for swarming sea creatures].
But this is not true, for the Torah included in a single prohibition all
water creatures, whether large or small [small ones are indicated by the
term swarming], which is the verse (Lev. 11:10–11) “Of anything that
swarms in the water, and of any living being in the water, etc. . . . you
shall not eat of their flesh.” Therefore, Maimonides’s explanation about
“one who eats a putitha, etc.” is refuted [we follow the MS reading ni-
dcheh, not nireh]. Therefore, three [of Maimonides’s] prohibitions had
to be removed from our enumeration. These are (a) the prohibition he
interprets [as referring] to worms from fruit and (b) [that applying] to
swarming things that do not reproduce, for both are included in the pro-
hibition of swarming land creatures; and the [third deleted prohibition]
is what he explained as referring to swarming water creatures, for they
were already included with unclean fish.
Now, the [following is the] correct interpretation of Abaye’s teaching
that one who eats a putitha is whipped four times. For it is written re-
garding unclean fishes (Lev. 11:11) “They shall be detestable to you; you
shall not eat of their flesh.” And it is [further] written about swarming
things (v. 43), “Do not make yourselves detestable with any swarming
thing, and do not become unclean with them.” [Now,] “do not make
yourselves detestable” and “do not become unclean” constitute two
prohibitions including all swarming things, which are not specifically
about sea or land or flying creatures. And in Deuteronomy, it is written
(14:10), “Everything not having fins and scales you shall not eat.” [So
this is the fourth prohibition for the putitha, which is a fish.]
[Eating] an ant is punished by whipping five times [on account of the
following prohibitive verses:] “Any swarming creature that swarms over
the earth is detestable; it must not be eaten” (Lev. 11:41); “Anything
that goes on its belly . . . of any swarming creature that swarms over the
earth, you shall not eat” (v. 42): “you shall not make yourselves detest-
able with any swarming thing that swarms” (v. 43); “and you shall not
make yourselves unclean with them” (v. 43); “and you shall not make
yourselves unclean with any swarming that moves over the earth” (v.
44). [For eating] a hornet one is whipped six times, for the five prohibi-
tions about swarming creatures [which apply to the ant], and the sixth
is “Every swarming fowl” (either Lev. 11:20 or Deut. 14:19). And this is
how the Halachot Gedolot explained, and also Rav Acha of Shavcha in the
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She’iltoth (Shemini 84), and the Alfasi in his Halachot (Chullin, end of
Elu Terefot) explained thus, as well as Rashi in his commentary (Makkot
10b). And all the Geonim and the French rabbis decided thus.
Now Rashi raised an objection as to why there should not be a whip-
ping on account of a seventh prohibition [for swarming things], as it is
said in the Parshah Kedoshim Tihyu (Lev. 20:25), “You shall not make
yourselves abominable by beast or by fowl.” And he replied that the
verse did not apply to swarming things (sh’ratzim). Even though it is
written (later in v. 25) “which teems (tirmos) on the earth,” that expres-
sion means large creatures, whereas “a swarming thing” (sheretz) means
small creatures. But this reply is insufficient, since it (tirmos) includes
both large and small creatures, as it is said (Gen. 7:21), “And all flesh
that teemed (haromess, another form of tirmos) on the earth perished—
birds, cattle, beasts, and all things that swarmed over the earth”; and it
is written (Lev. 11:46) “which teems in the water” [where the subject is
“every living thing”]. Also that verse itself (i.e., Lev. 20:25) indicates this
[that it also includes small creatures], since after having said “you shall
not make yourselves abominable with beasts and fowl,” which means
large creatures, when it then says “which teem on the earth,” it is meant
to also include small creatures. Furthermore, why would one not be
punished [for eating] an unclean beast or unclean fowl with two whip-
pings, the extra one being on account of this prohibitive verse? And it is
known that one is [in fact] punished with one whipping, as is evident at
the end of chapter “Gid Hanasheh” (Chullin 100b).
But Nachmanides’s opinion [as to the proper answer to Rashi’s ques-
tion] is that this prohibitive verse includes everything prohibited in
other sections, just like the verse (Deut. 14:3) “You shall not eat any
abominable thing” includes everything that the Torah forbids after-
ward. So does this verse include everything preceding it in other sec-
tions. Included in this is the prohibition of unclean beasts, the prohibi-
tion of unclean fowl, the prohibition of swarming fowl, the prohibition
of swarming land creatures, the prohibition of swarming sea creatures,
and even the prohibition of carrion and of a terefah animal, and a limb
from a living animal, and others. For every “abominable thing” (to’evah
in Deut. 14:3) is equivalent to “make abominable” (shikutz in the form
t’shaktzu in Lev. 20:25), as expressed (Deut. 7:26), “You shall consider
it abominable and you shall consider it detestable” (shaketz t’shaktzenu
v’ta’ev t’ta’avenu).
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interpreted [by the rabbis] that any holy thing that has become invalid
[for its intended use] would be forbidden to eat [this is based on the
verse Exod. 29:34 or 33]. For this includes [holy things rendered invalid
by] becoming unclean, being removed from their proper place, being
unduly delayed, being slaughtered at night, wrongful thought during
slaughter, and other things. These are many cases totally different [in
nature], and everyone agrees that for this, one is not punished by whip-
ping. Also, if one hugs or kisses an idol, or sweeps or sprinkles [to keep
the dust down] before it, the sages (Sanhedrin 63a) consider these as
a lav shebichlalut, and there is no whipping for any of these. Now, as to
why they call this a lav shebichlalut, it is not because of the various kinds
of service17 that they are called a lav shebichlalut, for they are all of the
same nature, and they [all] are termed service. This is like the prohibition
of carrion, which includes a number of things of the same nature. And
[it is also like the] prohibitions “You shall do no work [on the holiday]”
(Deut. 16:8), which subsumes many distinct kinds of work, but their
character is the same, and the term work applies to all of them. So one
is whipped on account of these prohibitions, as is explained in Makkot
(21b), Pesachim (47b), and Yom Tov (Betzah 12a). Similarly, hugging,
kissing, etc., [an idol] are all expressed by the same term [i.e., service]; so
this is not the reason for considering this a lav shebichlalut [and thus not
subject to punishment by whipping]. But their intention in consider-
ing this a lav shebichlalut is [the following]. The prohibition that warns
against this is (Deut. 6:14) “You shall not go after other gods,” in which
separate matters are included. For it (6:14) comes right after what is
written (ibid., v. 13) “You shall fear the Lord your God, and Him you
shall serve, and by His name you shall swear.” So when it says thereafter
“You shall not follow other gods,” it gives warning that one should not
fear it [an idol], nor honor it, even in a way that is not the way it is usu-
ally worshipped, like hugging and kissing, and also one should not swear
by its name. [Also], one should not seek knowledge of the future from
it, and if we hear them [predictions of the future], we should not believe
them. It is on account of this [variety of content] that they considered
this a lav shebichlalut, and it is not punished by whipping.
Now, I have found another lav shebichlalut that they [Maimonides
17 We are here following the text of the first printed edition and the manuscript, which read avodot
instead of averot; hugging, kissing, etc., are various examples of service.
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and Nachmanides] did not mention, and this is what is stated about the
“inner” sin offering (Lev. 6:23) “it shall not be eaten; it must be burnt
in fire.” They said in the Sifra (Tsav 76:7) that this prohibition against
eating is applied to anything requiring burning, which includes a sin
offering that has to be burnt and piggul [sacrifices slaughtered with
wrongful intentions] and notar [sacrifices whose proper time of eating is
expired]. And Maimonides holds that only the prohibition that includes
everything should enter into the enumeration of the commandments,
not every individual prohibition [included in the general prohibition],
unless there is a difference in punishment among the particular prohibi-
tions, in which case they will be listed according to their punishments. I
will speak about these later in the commentary on the prohibitions with
the help of God; here it is only appropriate to write about what they
wrote on this principle.
The second type of lav shebichlalut is when a single prohibition
specifies several things, all of which are punished by whipping, but they
would be punished by a single whipping [even when more things than
one were transgressed simultaneously]. The proof for this is what they
say in Gemara Kiddushin (77b) about a widow, a divorcee, a chalalah [a
woman born from a union forbidden to a kohen], or a harlot [all of these
being forbidden to a High Priest]. Just as for an ordinary Kohen, the
divorcee is separate from a chalalah or a harlot, since there is a separate
prohibition for her (Lev. 21:7), “They shall not take a woman divorced
from her husband” [i.e., if a kohen had relations with a chalalah who was
also a divorcee, he is guilty of transgressing two prohibitions], similarly
for the high priest, the widow is considered separate from the divor-
cee or the chalalah. It can be inferred from this that, if it were not for
this interpretation [based on the specific verse about the divorcee (Lev.
21:7)], if one had intercourse with a woman who was all of these, he
would be punished by whipping only once, since they were all stated in
a single prohibition. This is also evident from what they said in chapter
“Gid Hanasheh” (Chullin 102b) about eating a limb from a live animal.
According to Rabbi Yochanan [one who ate both a limb severed from a
live animal as well as severed flesh] is whipped twice, since they [limb
and flesh] are, in his opinion, based on two separate verses. But accord-
ing to Resh Lakish, he would only be whipped once, since, in his opinion,
both cases are included in a single verse. Also, regarding flesh from a
living animal and terefah meat, Rabbi Yochanan holds that [if one eats
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both] he is whipped only once, since, in his opinion, they are both in-
cluded in the same verse; while, according to Resh Lakish, he is whipped
twice, since in his opinion the two are forbidden by two distinct verses.
Also, in the Gemara Sanhedrin (65a) and in the Gemara Keritot
(3b), regarding the ob and the yidoni [various types of witchcraft], it is
taught that they are not considered as separate regarding sin offerings
[if the wrongful acts were done unintentionally], since they are stated
in a single prohibition. And we deduce from this that the same applies
to whipping [i.e., only one whipping when the sin is intentional]. Also,
in the Yerushalmi in Tractate Nazir (6:1), they said regarding fat and
blood that the prohibition “You shall not eat any fat nor any blood” (Lev.
3:17) is inclusive [of both fat and blood], and it would have been pun-
ished only once [for eating both], if it were not for their separate specific
[prohibition] elsewhere (Lev. 7:24 and 26). Also, with the prohibitions
of a Nazirite, they were inclined to say that one should only be pun-
ished once, except that they found an additional
*Note that the following
word that separated the two [forbidden items]. two examples, i.e.,
Similarly, [the prohibitions) “[No fat of] ox, or homosexual intercourse
sheep, or goat [shall you eat]” (Lev. 7:23) and and mating of diverse
species, are not of the
“You shall eat neither bread, nor parched corn, same format as other
nor fresh ears” (Lev. 23:14) would rightfully be “type II” situations. In
the previous cases, the
punished only once, except that they found ex- multiple component
tra words that divided them.* prohibitions are explicitly
I found another proof for this stated in stated. In the two examples
following, the text appears
Sanhedrin, chapter “Arba Mitot Bet Din” to be single-component
(Sanhedrin 54b), “If a man comes upon a male, prohibition, but rabbinic
interpretation implied a
and let a male come upon him, he is guilty of two second prohibition. Thus
separate sins according to Rabbi Ishmael, the in a certain sense, it is
first based on (Lev. 18:22) ‘You shall not lie,’ and like a “type I” prohibition,
except that here the two
the second based on (Deut. 23:18) ‘There shall be components are closely
no sodomite.’ Rabbi Akiva considers him guilty related in content.
of a single offense, since lying or allowing a male
to lie is one [i.e., the verb tishkav in Lev. 18:22 can also be read tishakev,
implying the reversed roles; thus, both are included in that one verse]. If
one came on a beast and brought a beast on himself, he is guilty of two
offenses, according to Rabbi Ishmael, the first being from (Lev. 18:23)
‘You shall not lie,’ and the second from (Deut. 23:18) ‘there shall be no
sodomite.’ According to Rabbi Akiva, he is guilty of a single prohibition,
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since sh’chavt’cha (in Lev. 18:23) and sh’chivatcha [by altering the vowels
and understanding this as lying as a receiver] constitute a single pro-
hibition.” From all the above, it comes out that the particulars of an
inclusive prohibition are not to be punished separately.
And in the Yerushalmi, Tractate Kilayim, chapter 1 (7), I found writ-
ten: “Only concerning beasts is it written (Lev. 19:19) ‘You shall not
have your cattle mated with a different kind.’ How [is it known that this
prohibition applies also] to fowl? Some teachers learn this from (ibid.)
‘You shall observe my laws’ [which is a more comprehensive statement].
Other teachers derive it [the case of fowl] from ‘you shall not have your
cattle mate with a different kind’ [by means of rabbinic exegesis]. Now,
suppose that one grafted a tree [prohibition of grafting was derived by
the rabbis from ‘you shall not have your cattle . . .’] and also crossbred
his fowl. According to the sage who said [that the fowl is forbidden] by
‘You shall observe my laws,’ the person is guilty of two prohibitions.
But according to the sage who says [that fowl is forbidden] by ‘you shall
not have your cattle mate with a different kind,’ he is guilty of only one
prohibition [i.e., both actions are from the same prohibition, ‘you shall
not have your cattle . . .’]. Now, suppose one had crossbred his cattle and
also crossbred his fowl, then, according to the one who says that [fowl]
is from ‘You shall observe my laws,’ he is guilty of only one prohibition.
But according to the one who says it is from ‘you shall not have your
cattle mate with a different kind,’ one is guilty of two [prohibitions].”
But it seems to me that this is an erroneous version, and it should
be reversed. For [prohibitions] emerging from a single verse make [a
person] guilty once, while those emerging from two verses make one
guilty twice. And this is the way it also is in the argument of Rabbi Akiva
and Rabbi Ishmael regarding [a man] who comes upon a male and who
also brings a male upon him, that the text [as it appears in Yerushalmi
Sanhedrin 7:7] must be changed from “Rabbi Ishmael” to “Rabbi Akiva,”
and from “Rabbi Akiva” to “Rabbi Ishmael.” And the version of the
Babylonian Talmud (Sanhedrin 54b previously quoted) is correct. So
what emerges from all this is that particular things that are included in a
general prohibition should not be punished by whipping twice, but only
once, unless Scripture has separated them [the two component parts].
Now, Maimonides included in this [type II] category [the following
prohibitions]: [meat of the paschal lamb which is] partially roasted
or water-cooked (Exod. 12:9); grape skin and seeds [forbidden to a
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Nazirite, Num. 6:4]; leaven and honey [forbidden in a meal offering, Lev.
2:11]; [marrying an] Ammonite or Moabite (Deut. 23:4); oppressing the
stranger, orphan, or widow (Exod. 22:21).18; food, clothing, and marital
relations [not to be withheld by the husband (Exod. 21:14)]; and, finally,
“You shall drink no wine or strong drink” (Lev. 10:9). For all the above
are enumerated as only single commandments, since they are punish-
able by a single whipping. Nachmanides disagrees in some cases, and
their respective opinions will be explained in my commentary on the
prohibitions, with God’s help.* *The
Concerning the grape skins and seeds, they are included following
Hebrew
in Maimonides’s Book of Commandments among the text
[separately] enumerated prohibitions, and also in his large seems
work (Mishneh Torah, Hilchot Nezirut Introduction); and awkward.
he counts among the prohibitions for a Nazirite [regarding
eating] five prohibitions [among them two for grape skins and seeds].
But in his Hilchot Sanhedrin (19:4), where he enumerates the prohibi-
tions punishable by whipping, he lists [marrying] an Ammonite and a
Moabite [separately, nos. 164 and 165], but [all five] prohibitions for a
Nazirite as only a single [commandment, No. 101]. But this is because
in that enumeration (Hilchot Sanhedrin 19:4), he does not main-
tain consistency in that enumeration of commandments. For he may
separate a single prohibition into a number of cases of whipping, and
[conversely] he may include several prohibitions as one case of whip-
ping. For Maimonides did not mean (in Hilchot Sanhedrin 9:4) to be
precise about the enumeration of the commandments, but only to cover
as many case as there are of transgressors against prohibitions who are
to be whipped. He divided the subjects according to what he saw fit in
his mind, not paying attention if sometimes several entries are actually
included as a single prohibition, or if several prohibitions are included
in a single entry.
Now, the third type [of lav shebichlalut, in Maimonides’s classifica-
tion] is a prohibition having a general term and also particular terms,
and one is whipped for every individual term [that was transgressed].
Maimonides brought among these types the verse (Deut. 12:17) “You
18 But as pointed out by Perlow, the prohibitive clause in this verse does not mention “widow,”
and thus Duran’s statements here on this commandment are not understood. In Duran’s list of
commandments, in commandment no. 64, he omits the widow. It is interesting, however, that in
the related verse in Deut. 27:19, all three persons are mentioned.
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may not eat within your settlements the tithes of your grain, your wine,
or your oil, etc.” For they said in the Gemara Keritot (4b) that if one
ate tithe of grain, wine, and oil, he is [separately] guilty for each. They
objected to this: “Can you punish with whipping for a Lav Shebichlalut?”
And they responded that this is due to a redundant expression. Since it
is written (Deut. 14:23) “You shall consume the tithe of your grain in
the presence of the Lord your God,” why would it be necessary to write
(in 12:17) “You may not eat within your settlements, etc.”? You might
say that this is [needed in order to have an explicit] negative form [the
positive form in 14:23 is not sufficient to justify whipping for one who
eats these things outside of Jerusalem]. But for that purpose, it could
just say, “You shall not consume them.” Why should it have been neces-
sary to repeat all [three] of them? It is to imply that they are separately
[punishable].
They said likewise concerning (Lev. 23:14) “bread, parched grain, or
fresh ears” that one is whipped for each one separately. But how can
one be whipped for a lav shebichlalut? [Here also] a redundant verse is
written, and they conclude there that parched grain is not needed; and
since Scripture does record it between the other two things, this makes
one guilty for bread separately, and for parched grain separately, and for
fresh grain separately. And if it [parched grain] were at the beginning or
the end, one would be guilty for parched grain separately and for bread
and for bread and fresh ears separately [i.e., eating them both would
result in only a single whipping].
From here [i.e., this reasoning], Maimonides learned concerning
(Deut. 18:10–11) “Let there not be found among you one who consigns
his son or daughter to the fire, or who is an augur, a soothsayer, a diviner,
a sorcerer, one who casts spells, or who consults ghosts or familiar spir-
its, or who inquires of the dead,” that every one of these nine things is
enumerated as a separate prohibition. [This is because] among them are
persons who are [expressly] separately enumerated elsewhere, namely,
“You shall not practice divination, and you shall not practice soothsay-
ing” (Lev. 19:26). This is similar to parched grain, which, being placed in
the middle, separates everything specified along with it.
And also of this type (type III) is “they shall not take a woman who
is a harlot, or who has been profaned, and they shall not take a woman
who was divorced by her husband” (Lev. 21:7), as the sages mentioned
(Kiddushin 77b), and as I mentioned previously. And Nachmanides in
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this type included the case of partially roasted and water-cooked [pas-
chal lamb] grape skin and grape seeds [consumed by a Nazirite], leaven
and honey [in a meal offering], and oppressing a widow and an orphan.
And in my commentary on the prohibitions, I will explain the opinions
of both of them [Maimonides and Nachmanides].
He [Nachmanides] also does not agree with Maimonides, who enu-
merates [negative] commandments according to the number of separate
whippings, and he [Nachmanides] also does not [enumerate] according
to the number of prohibitive statements. But he enumerates every for-
bidden thing. Therefore, he enumerates among the commandments all
things that are specifically mentioned in the Torah. So he counts partial-
ly roasted and water-cooked as two, and the gift to a harlot and the price
of a dog [as two], and leaven and honey [as two], and Ammonite and
Moabite [as two], and other such cases. Even in Maimonides’s opinion,
there are eight items mentioned singly, but it is proper [in Maimonides’s
view] to count them only two by two [i.e., each pair belongs to a single
prohibitive clause, which is enumerated alone. But [Nachmanides]
counts tithe of grain, wine, and oil [when eaten outside of Jerusalem]
as only a single prohibition, for all [three] of them constitute “tithe.”
And similarly bread, parched grain, and fresh ears [which Maimonides
enumerates as three prohibitions], he [Nachmanides] counts as a single
prohibition, since it is a single subject, i.e., the prohibition of new pro-
duce. As for my own opinion on this, you will find it at the end of the
book.*
PRINCIPLE 10. One should not enumerate *The subject of
among the commandments the preliminaries Lav Shebichlalut is
and procedures that are for a single final result. complicated, and there
are many opinions
Therefore, everything written in the section of “And about it. Helpful
you shall take fine flour, etc.” (Lev. 24:5–9) should material is found in
The Puzzle of the 613
not be enumerated, except for the final purpose of Commandments by
this commandment, which is (Exod. 25:30) “And Philip J. Caplan, chap.
you shall set the showbread on the table.” Likewise, 27, pp. 227–245.
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ranging the bread, lighting the lamp, and the burning of the incense, and
it is the final commandment that comes into the enumeration, not the
preliminaries. Also, analogously, in the section “Take new choice spices,
etc.” (Exod. 30:23–28), we should only count the final purpose, not the
preliminaries, which is that we are commanded to anoint specific things
with this oil. This principle is true, and Nachmanides agrees, saying that
even the Gaon [author of Halachot Gedolot] also holds this opinion, even
though Maimonides considered him mistaken about this; and in my
commentary on the Azharot, all this will be explained.
PRINCIPLE 11. Specific parts of a commandment should not be
enumerated, each part separately, when the sum total of them consti-
tutes a single commandment. Now, regarding things that are mutually
invalidating [i.e., if one element of the group is absent, the remaining
elements have no status of fulfilling a commandment], it is an obvious
thing that the parts cannot be enumerated. This is like the four species
that comprise the lulav or the purification of the “leper” (Lev. 14:4–7)
with cedar wood, hyssop, scarlet stuff, and two birds, in which cases we
should only count the commandment of lulav as one commandment,
and the commandment of purification of the “leper” as one command-
ment. It is thus in all similar cases, and everyone agrees about this. But
Maimonides (in principle 11) raised some doubt about the tzitzit (Num.
15:37–41), since we learned in the Mishnah (Menachot 4:1) that the
[absence of] the blue thread does not invalidate the white thread, and
the [absence of ] the white thread does not invalidate the blue thread.
For it would be proper, according to this principle, to enumerate these
as two commandments. Nevertheless, he decided to count them as
only one commandment. For it is stated in the Mechilta,19 “It might be
thought that they [blue and white] are two [separate] commandments.
Therefore, Scripture says (Num. 15:39), “And it shall be for you” [imply-
ing a single commandment]. And I will write a more detailed analysis
about this in my commentary on the Azharot.
PRINCIPLE 12. One should not enumerate portions of any action,
each portion separately. Therefore, we enumerate “They shall make me
a sanctuary” (Exod. 25:8) as a single commandment, but we should not
enumerate everything about which it is said, “And you shall make” (e.g.,
vv. 10, 17, 23, etc., in Exod. 25) as a separate commandment. Now this
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is true, and there is no argument about this, except about making the
ark, whether it is included in the general [commandment] of making
the sanctuary, or whether it is a separate commandment, and I will ex-
plain this in my commentary on the Azharot (Positive Commandments,
Stanza 49). Also concerning the preparation of the sacrifices, there is no
agreement among them [Maimonides and Nachmanides] as to how they
are included in the enumeration of the commandments, and all this will
be explained in my commentary on the Azharot (ibid., Stanza 45).
PRINCIPLE 13. The number of the commandments should not cor-
respond to the number of days on which that commandment applies.
Therefore, we count the additional offering for New Moon as one com-
mandment, and the additional Sabbath offering, and the additional
offering for all five holidays as one [apiece]. Also, the festival offering,
appearing [on the festivals with a burnt offering], and rejoicing [on fes-
tivals] are each counted as a single commandment. For, if these things
were enumerated corresponding to the number of days [when they are
required], then we would have to count the law of the daily offering as a
separate commandment for each day, and cleaning the lamps as a sepa-
rate commandment for each day, and the commandment of the lulav
as being seven, and the number of commandments would be much too
large. And this is the proof that the number of days does not increase
the number of commandments.
But Maimonides found fault with whoever [e.g. Halachot Gedolot]
counted all additional offerings as only a single commandment. For ac-
cording to their theory, they should have counted resting on all holidays
as a single commandment, whereas they [in fact] counted each holiday
separately. And he [Maimonides] wrote that their way is not straight,
and his is correct. I did not see Nachmanides saying anything about this
principle. I did see that he counts the two daily offerings [morning and
afternoon], and burning incense morning and evening, and reading the
shema morning and evening as two [commandments in all three cases].
For these are commandments that do not invalidate each other [i.e., if
the morning offering was not done, the afternoon offering is still re-
quired], and the time for one is different than the time for the other.
PRINCIPLE 14. This [deals with] how the various punishments are
to be included in the enumeration of the commandments. For example,
there is whipping, various kinds of capital punishment, having to bring
sacrifices, and the like. Much confusion has befallen this topic among
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the early authorities. What needs to be written about this the reader will
find scattered in my commentary on the Azharot. With this, the prin-
ciples are concluded. And now I am beginning to explain the Azharot,
adhering to the way of the earlier commentator [Moses ibn Tibbon],
except for the cases where I differ from his comment. And I ask for help
from God, blessed and exalted is He.
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20 Note that the poet uses the less-common form bimeod rather than just meod for the purpose of
incorporating his name here.
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The poet comes into a prayerful mode, that God should forgive his
sin if he errs in counting the commandments, since he is aware of his
weakness and inadequacy of his knowledge concerning the enumera-
tion. For this poet was not a rabbi, who is expert in the Talmud, and he
was relying on the words of the Halachot Gedolot. He is fearful lest he
might misunderstand his words [of the Halachot Gedolot], or lest that
author was mistaken, and that he himself would be following his error.
This is why he prays for forgiveness. He also prays to God to increase his
strength, for it is God who increases the strength of the powerless (Isa.
40:30). This strength refers to granting wisdom for “it is God who grants
wisdom, and from his mouth are wisdom and understanding” (Prov.
2:6). In the phrase l’havin nimharim, he refers to the simpleminded, all of
whose understanding was gotten hastily without careful consideration
(the adjective nimhar is found in Isaiah 32:4 and 35:4; also Job 5:13).
21 Note that the Ziv Hazohar edition omits the words metukot lapiyot midvash v’nofet tsufim, which
follow the words shehamitzvot hem.
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7. And He who saves you and who made known to you [the
Decalogue]
Till [its conclusion] “which is your neighbor’s,” He made you grasp
them.
All this is explained in the Introduction.
22 The vav is a consonant in nishtavah and nishtavot, although I don’t know that this is termed
grammatically as “weak.”
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by a tav] to r’ses [which also means trembling]. [The word retet] is found
in Jeremiah (49:24), “trembling seized her.”
10. He then brought down his misty dew, to his people, his subjects;
And in his mercy He restored the souls to the corpses.
This is mentioned in the Midrash, that [the Israelites at Sinai] died
when they heard the first voice, and that He revived them with dew.
Similarly, at the resurrection, He will revive the dead with dew, as indi-
cated in the Gemara (Shabbat 88b), and this is why we mention dew [in
the Sephardic ritual] in the blessing of resurrection [the second of the
Eighteen Benedictions].
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heard from the divine voice, it did not mean that “I am . . .” is a com-
mandment that is part of the 613 commandments. It was only to say
that the language of these two utterances proves that they were heard
directly from the divine voice, not through Moses. For it is written “I am
the Lord your G . . . you shall not have other gods before me; for I am the
Lord your God,” while the other commandments are written in the third
person, with someone else mediating between them. So since we heard
the first two utterances from the divine voice, and the second utterance
contains two prohibitions, we therefore have 613 commandments, 611
from Moses’s mouth according to the numerical value of “Torah,” and
two from the divine voice, the statement “I am the L . . .” not being
enumerated. This, then, is the discussion that took place between these
two great mountains [Maimonides and Nachmanides].
Now I have in my humble opinion found a basis for the words of the
Gaon that the utterance “I am, etc. . . .” is not to be enumerated, from
what is said in Horayot (8a) as an inquiry about the passage “And when
you shall err . . .” (Num. 15:22): “How do we know that this verse refers
specifically to [an unintentional error regarding] idolatry? The school
of Rabbi Ishmael derived it from the expression (ibid., v. 23), ‘from the
day that the Lord had given commandments, and onward, through your
generations.’ Which commandment [fits the description] as having been
spoken first? Presumably that about idolatry. An objection was raised
about this from the teaching that Ten Commandments had previously
been given at Marah [i.e., prior to the revelation at Sinai], and thus the
prohibition of idolatry was not the very first commandment. But it is
clear that we must revert to the previous answers that were given [as to
how it is known that the verse is about idolatry]. Now, if the utterances
[“I am, etc.”] were indeed enumerated among the 613 commandments,
then the utterance about idolatry would have been the first command-
ment spoken in any event!
The viewpoint of the Gaon [author of Halachot Gedolot] about this
is that it is not proper to include in the detailed numbering of com-
mandments that which is the foundation of the faith upon which all
commandments depend. For all commandments are decrees issued by
the Blessed Name as a consequence of this belief. And one who does not
believe in the deity has no [basis for] Torah at all, and it is impossible
for one who subscribes to the Torah not to accept this belief. Therefore,
how can one include in the detailed enumeration that which is the root
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this verse for this commandment. This is stated in the second chapter
of Berachot (13b): “The words ‘Hear O Israel, etc.’ constituted the read-
ing of Shema for Rabbi Judah the Prince.” They further said there: “Rav
said to Rabbi Chiya, ‘I have not seen Rabbi [Judah the Prince] accepting
the kingdom of heaven.’ He [Rabbi Chiya] replied, ‘Noble sir, when he
[Rabbi Judah] covers his hands over his face, he accepts the yoke of the
kingdom of heaven.’” They further said in the last chapter of Berachot
(61b) regarding Rabbi Akiva [at his martyrdom] that when he was re-
ceiving the yoke of the kingdom of heaven by reciting the Shema, his
soul expired at the word one. Thus, they made it clear to us that receiving
the kingdom of heaven consists of reciting that verse, and that is what
should be counted as a commandment, not that the reading of Shema is
counted as one commandment, and receiving [the kingdom of heaven]
as a separate commandment, unless the actual count requires it. So the
words of the poet are not in agreement with those of the commentator.
Now the commandment of the reading of the Shema is undoubtedly
part of the enumeration, since they cite in the third chapter of Berachot
(21a) that if one is in doubt as to whether he has or has not recited the
Shema, he should recite it again, since it is a Torah law. They further
said there regarding one who is unclean as a result of a seminal emis-
sion should nevertheless recite the Shema and recite the blessings after
meals, since they are Torah laws. But Nachlmanides had to enumerate
the recital of Shema as two commandments, since this was needed by
him to complete the number of the 248 positive commandments, i.e.,
one in the morning and one in the evening, since the time for one is
not valid for the other, and the nonperformance of one does not in-
validate the performance of the other, i.e., if one did not recite it in
the evening, he still must recite the morning reading of Shema, as he
argues in the eleventh principle. Now I have considerable doubt regard-
ing his [Nachmanides’s] giving two reasons for his counting this as two
commandments, i.e., that they are done at different times and that the
performance of one does not invalidate the performance of the other.
For if they were to be done at the same time, and they did not invalidate
each other, it would be more of a proof for counting them as two. But
inasmuch as they apply at different times, it follows [automatically] that
they would not invalidate each other, for we never find a single com-
mandment applying at different times, such that if one would not do it
at one time, then it would invalid at the other time. But as to whether
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13. To serve Him and love Him in your heart, and to cleave
to Him, And to adhere to his path with your footsteps and
strides.
I have already written in the previous stanza about the command-
ment of serving. Regarding the commandment of loving God, it is in-
cluded in the enumeration and its content, as it is stated in the Talmud
(Pesachim 25a) is to love God and not to deny worshipping Him, even
under dangerous circumstances; but one should rather be killed than
giving up loving Him. Also included in this is what is stated in the Sifre
(Ekev. 13): “Since you might say, ‘I will study Torah so that I might be
called wise’ or ‘that I may sit in the academy’ or ‘that I will have a long
life’ or ‘that I may be worthy of the world to come,’ the Torah asserts
that to love [God is the only proper motive].” A similar statement is in
the Talmud, tractate Nedarim (62a). Another thing stated in the Sifre
about the verse “And you shall love the Lord your God” (Deut. 6:5) is
that, at this point, one does not know how to love the Omnipresent;
so the Torah continues, “And these words which I command you this
day shall be upon your heart” (Deut. 6:6), for from this [embedding the
words of Torah in your heart], you come to awareness of Him who spoke
and the world came into being.
Another explanation23 is that v’ohavta is causative [i.e., not “you shall
love,” but “you shall cause love”], i.e., one should expound the Torah to
others in such a way as to inspire love in their hearts. This is stated in
the Sifre: “V’ohavta means that you should lead people to love Him, as
did Abraham our father, as it is said (Gen. 12:5), ‘And the persons whom
they acquired in Haran’ [which, taking the literal meaning of asu to mean
‘made,’ indicates that Abraham proselytized people in Haran by bringing
them to love God]. On this account he is denoted as ‘Abraham who loved
Me’ as it is said (Isa. 41:8), ‘the seed of Abraham who loved Me.’”
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The poet continues, “To cleave to Him,” which was counted by the
Gaon [Halachot Gedolot] to which Maimonides agreed. The meaning of
this commandment, as included in the enumeration, is as the sages in-
terpreted in the Sifre (Ekev, end of 22), i.e., to be attached to the sages
and their disciples. They further said (ibid.) that it means that one should
study Aggada, since, from the words of Aggada, one becomes cognizant
of Him who spoke and caused the world to exist, and one becomes at-
tached to His ways. And in the Talmud (Sotah 14a), they included in
it [i.e., cleaving to Him] all kinds of attachment. Similarly, they said
(Ketubot 111a), “Is it possible for one to cleave to the Shechinah, when
it is written (Deut. 4:24), ‘The Lord your God is a consuming fire’? But
[the verse means] that anyone who marries the daughter of a scholar
or who gives his daughter in marriage to a scholar or engages in busi-
ness with a scholar or who lets him use his property, Scripture considers
this as tantamount to attachment with the Shechinah.” There is a similar
statement in the Yelamdenu (Tanchuma Mattot 1) and in Temurah (3b),
where they included in it swearing in God’s name to perform a com-
mandment [actually the citation in Temurah does not appear to discuss
the content of “cleaving to Him” at all]. This is what one can say about
the commandment on the basis of rabbinic interpretation.
But the standard [biblical] commentators [ibn Ezra and Nachmanides]
explained that “cleaving to Him” refers to the final outcome, which is a
deep insight, which says that one who worships God can merit a close
connection to Him. Although the concept is correct, it is not reflected
in this verse, for it is stated in Joshua (3:7), “Neither make mention of
the name of their gods, nor cause to swear by them, nor serve them,
nor worship them, but cleave to the Lord your God as you have done
to this day.” According to this, it [cleaving] just indicates a warning
among several warnings about idolatry, i.e., that you attention should
not deviate from God, blessed is He, to go after other gods, similar to
what is said elsewhere (Deut. 13:5), “Him you shall serve, and you shall
cleave to Him.” Likewise the Sifre says (Re’eh 60:5), “Separate yourselves
from idolatry, and cleave to the Omnipresent.” Though this is the simple
meaning of Scripture, one also includes here that a person’s thought
should be attached to God all the time, at every moment, whether at
eating time or when taking care of any bodily needs, as it is said (Exod.
34:28), “And he was there with God forty days and forty nights, etc.”
The sages stated (Berachot 63a) that the verse (Prov. 3:6) “Know Him
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in all your ways” means that [one should know Him] even with regard
to a transgression. This is the degree of excellence of the forefathers,
about whom it is said (Bereshit Rabba 47:48) that they constituted the
divine chariot. And the author of the Cuzari said that the people on this
spiritual level are a dwelling place for the Shechinah. In this respect, it
is also proper to count it [cleaving to Him] among the commandments
[because of its distinct content].
The poet says further, “And to adhere to His path with your footsteps
and strides,” which the Gaon enumerated, as did Maimonides, who
wrote that its content is to emulate Him, blessed is He, as much as we
can, which is expressed by (Deut. 28:9) “and you shall walk in His ways.”
And in the Sifre (Ekev 22), it says in explanation of this commandment,
“Just as the Holy One, blessed is He, is merciful, you too should be mer-
ciful; as He is gracious, you be gracious; as He is righteous, you be righ-
teous; as He is kindly, you be kindly.” And in Gemara Sotah (14a), they
said that Rabbi Chama bar Chanina said, “What does the verse ‘after
the Lord your God shall you go’ mean? Is it possible for a person to walk
behind the Holy One, blessed is He? But it means that just as the Holy
One, blessed is He, clothes the naked, so you should clothe the naked;
as He visits the sick, so you should visit the sick; as He buries the dead,
so you should bury the dead; as He consoles mourners, so you should
console mourners.” And we have in the Sifre (Re’eh 60:5) that “after the
Lord your God you shall go” constitutes a positive commandment; and
the content of this [in its context of the preceding verse] is that it refers
to the false prophets to whom we are not to pay heed, but we should
follow the counsel of His Name, blessed is He, and we should seek from
Him all that is unknown through His prophets. This is like what is said
(1 Kings 22:7), “Is there not here besides a prophet of the Lord, that we
may inquire of him?” and like another instructive verse (Jer. 42:2), “Let,
we pray, our supplication be acceptable to you, and pray for us unto the
Lord your God . . . that He tell us the way.” In the Gemara Sotah (39b),
they base on this [“going after the Lord”] the practice of accompanying
a Sefer Torah to its place of arrival. According to all of the above, it is
proper to count this also as a commandment.
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who loves does not act hatefully; act from fear, for if you are about to
rebel, you will be restrained.”
To swear in His name. The Gaon included this in the enumeration,
as did Maimonides, who brought a proof from what is said in the first
chapter of Temurah (3b), “Where is it indicated that one may take an
oath to keep the commandments? It is said (Deut. 6:13) ‘And in His
name you shall swear.’” This matter is perplexing, for the meaning of
the discussion there is not as Maimonides thought [i.e., implying that
swearing in God’s name is to be counted as a positive commandment],
since there we are investigating whether it is forbidden to swear in His
exalted name even if the oath is true, [the prohibition being based] on
the verse (Deut. 28:58) “to reverence this awesome and honored name.”
They said thus (Temurah 3b), “The expression v’hifla (Deut. 28:59)
[which the Gemara cites as the scriptural source for punishing by whip-
ping one who swears in God’s name] might even apply to a true oath.”
But they countered that a true oath is permissible [thus not punish-
able]. After some discussion [on the scriptural basis of permitting true
oaths], they say that there is another scriptural verse (Deut. 10:20), “by
His name shall you swear,” implying that here Scripture permits a true
oath and that one is not punished for that. But they objected that this
verse might apply rather to the teaching of Rav Gidal, who said that one
may take an oath to fulfill commandments [even though this is actually
a needless oath], as is reflected in the verse (Ps. 119:106). But they re-
sponded that it [swearing to fulfill commandments] is authorized by the
verse (Deut. 10:12) “unto Him you shall cleave.” To what then do I apply
“by His name shall you swear? It is not needed to permit a judicial oath,
which is permitted by (Exod. 22:10) “the oath of the Lord” So it must
be needed to permit nonjudicial oaths. And since it is not needed for an
oath to perform commandments, which is derived from “unto Him you
shall cleave,” then it is used to permit [true] oaths for ordinary use.
What comes out from this is that swearing in His name is not an obli-
gation, but a permission. Nachmanides found a proof [that it is a permis-
sion] from Midrash Tanchuma (Mattot 1), in which the Holy One, blessed
is He, said to Israel, “Do not think that you may [under any circumstances]
swear in My name, even for a true oath; you may not swear in My name
unless you have all these qualities: ‘fear the Lord your God, and serve Him,
and cleave to Him, and swear in His name’ (Deut. 10:20). If you have all
these qualities, you may swear, and if not, you may not swear.” It is un-
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derstood from this that “swear in His name” is not an obligation, but a
permission after all the conditions specified in the verse are met.
[But an argument against “swear in His name” expressing permis-
sion] is in accord with its repetition twice, i.e., once in Vaetchanan (Deut.
6:13) “You shall fear the Lord your God, and serve Him, and cleave to
Him, and swear in His name,” and then in Sedra Ekev (Deut. 12:20),
“You shall serve the Lord your God, and serve Him, and cleave to Him,
and swear in His name.” If it expresses merely permission, it would be
pointless to repeat it, for verses of permission are not repeated [repeat-
ing verses expresses urgency and emphasis]. Therefore, Maimonides
thinks that it is related to the following verse, i.e., “and swear in His
name” relates to “do not go after other gods” in this way by swearing in
their name. Although this is already forbidden by a negative command-
ment (Exod. 23:13), “You shall not mention the names of other gods,”
Scripture emphasizes it by both negative and positive formulation, for
the prohibitions against idolatry are numerous in the Torah. Thus, “and
swear in His name” is a prohibition derived from a positive statement,
i.e., swear in His name, not in the name of others, or associating another
with Him, as they said (Sukkah 45b), “Whoever associates the divine
name with anything else is uprooted from the world.” Thus also did
Ravad write24 [that it is not a “normal” positive commandment]. If it is
not a prohibition based on a positive statement, but an expression of
permission to take oaths, one can explain the duplication in Scripture as
expressing a prohibition not to swear unless one has fulfilled the condi-
tions expressed with it in this verse.
Whether regarded as an expression of permission or as a prohibition
derived from a positive statement, it would not be proper to count it
according to Nachmanides’s opinion, although Maimonides does count
a prohibition derived from a positive statement as part of the positive
list.25 But the Gaon does not count this [a prohibition derived from a
positive statement], as I wrote in the Principles, and we will treat this
later on here with God’s help. In any case Maimonides’s contention that
this is an actual positive commandment is refuted, and if he wants to in-
clude it as a prohibition based on a positive statement, which prohibits
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swearing in the name of anything besides Him, blessed is He, this would
be possible according to his policy. But the problem is with the Gaon
who counted it, for his policy is not to include this type in the enumera-
tion, and Nachmanides removed it from his list.
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16. Make His words a healing, in your heart and also in your mouth,
And you shall write them at the threshold of your doorposts
and gates.
We will take note later (Stanza 25) of the commandment of studying
the Torah, where it says, “And you shall learn and teach.” Here (in Stanza
16) he uses the scriptural expression in the section of the Shema, “and
these words shall be . . . on your heart.”
The words of the Torah are “healing,” as it says (Prov. 3:8), “It will be
healing to your navel.” When he says, “Also in your mouth,” he thereby
includes “and you shall speak of them” (Deut. 6:7). All these parts of the
commandments do not enter into the enumeration, as is known from
the principles (No. 7). But “and you shall write them at the thresholds of
your doorposts and gates” is counted as a commandment (Maimonides’s
Positive Commandment 15).
17. And you shall teach them always, to your son and to students,
And you shall assemble blessings, completing one hundred.
This is also concerning study of the Torah, which is a single positive
commandment of learning and teaching, and there is, in all this, no more
than a single commandment, whose parts are learning for oneself and
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teaching one’s son and one’s students and instructing the people of Israel,
as is explained in the first chapter of Kiddushin (30a). I have seen that
the Gaon wrote “to learn, to teach, to observe, and to do,” since all this
constitutes a single commandment, namely, that one should learn with
the intention of teaching, observing, and doing, as in Pirkei Avot (4:6).
But when he [ibn Gabirol] says, “And you shall assemble blessings,
completing one hundred,” he is following the Gaon, who includes
among the 248 positive commandments those that are rabbinic. And
Maimonides refuted him with great objections. The greatest objection is
from the language of the Talmud that 613 commandments were spoken
to Moses at Sinai, so how can you include in this rabbinic command-
ments? Now Nachmanides answered concerning this that, since at Sinai
they were commanded to accept ordinances of the sages, it is plausible
to say that all of them were [indirectly] spoken to Moses at Sinai. And
in the chapter “Shevuot Hadayyanin” (Shevuot 39a), it says concern-
ing the oath that Moses made Israel take [to observe the Torah], that
it is not only for the commandments given at Sinai, but also for new
commandments that would arise, like reading the Megillah. How is this
known, i.e., that Moses caused them to swear concerning the latter? It
is from the verse (Esther 9:27), “The Jews fulfilled and accepted upon
themselves,” i.e., they fulfilled what they had already accepted upon
themselves [under Moses]. So this is an explicit indication that Moses
made Israel swear to accept all the rabbinic commandments.
Furthermore, this is like our counting commandments in the section
on drunken priests, the duty division of the priests, and the sacrificial
portions of the priests, although they were spoken to Aaron [thus not
technically not describable as among “613 commandments spoken to
Moses”]. Also, in the section on the daughters of Tzelaphchad [we list
the commandments about inheritance] even though it was not spoken
at Sinai. Similarly one can count rabbinic commandments, even though
the expression in the Talmud specifies them as “spoken to Moses at
Sinai,” for the statement covers most of the 613 commandments. And in
chapter 1 of Berachot (5a), they said that the verse (Exod. 24:12), “And
I will give you the tablets of stone, and the teaching and the command-
ment which I wrote to instruct them,” means the following: “Tablets”
refers to the Decalogue; “teaching” refers to the Torah; “the command-
ment” refers to the Mishnah; “which I wrote” refers to the Prophets and
Holy Writings; “to instruct them” refers to the Gemara. This shows that
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all of the above [which includes rabbinic laws] were spoken to Moses at
Sinai. All of these arguments were written by Nachmanides.
Furthermore, I found in chapter 2 of Megillah (19b) a proof for the
Gaon, where they said that “upon them [the stone tablets] was like all
the words, etc.” [On the basis of the inclusive term k’chol, which means
“like all,” the rabbis claim that this verse] indicates that the Holy One,
blessed is He, showed Moses the details of the Torah, the inferences of
the scribes, and whatever new [commandment] would develop. So ev-
erything was spoken to Moses at Sinai. Now even though Nachmanides
found answers to all the objections that Maimonides brought up against
the Gaon, he nevertheless held with him [Maimonides] not to count
rabbinic commandments.
Thus, the commandment of reciting one hundred blessings is to be
deleted from the commandments, even though it is hinted in the Torah,
Prophets, and Writings [as follows]. In the Torah, the verse (Deut. 10:13),
“What (Heb. mah) does the Lord ask of you,” can be read with me’ah in-
stead of mah [which could then be understood as the Lord requiring one
hundred blessings of you]. They saw fit to interpret thus, since in this
verse, there are ninety-nine letters; and if you add the aleph in the middle
of mah, it becomes me’ah, which then means one hundred, in addition
to having one hundred letters. Furthermore, the letters mem and he,
forming the word mah, transpose according to the Atbash scheme [aleph
and tav interchange, bet and shin interchange, etc.] into yod and tzady,
whose numerical value of ten and ninety add up to one hundred. In the
Prophets (2 Sam. 23:1), the verse states, “The speech of a man raised on
high (Heb. Al ).” The letters ayin and lamed of al have the numerical value
of 70 + 30 = 100. And in the Writings (Ps. 128:4), we have “For thus (Heb.
ki chen) will be blessed the man.” The word for “will be blessed” (y’vorach)
has no vav (so it can be vocalized as y’varech, meaning “will bless”). Now
the numerical value ki chen is 20 + 10 + 20 + 50 = 100. Thus, the verse can
now be translated as “a man should make a hundred blessings” every day.
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his son [which includes redeeming his firstborn] are incumbent on men,
but not on women. The commandment does not apply to the firstborn
of Levites nor to the firstborn of daughters of Levites and certainly not
to kohanim, as is mentioned in the first chapter of Bechorot (4a).
And put on totafot. There is here an abridgment of the command-
ments, for totafot represents both the hand tefillin and the head tefillin,
although the term totafot really only refers to the head, as is mentioned
in the verse (Exod. 13:16). The expression totafot means a crown. It is
like we learn in the Mishnah (Shabbat 6:1) that a woman should not go
outside [on the Sabbath] wearing her totefet, which the Gemara explains
as a headband that reaches from ear to ear. This is how Nachhmanides
explains in his Torah commentary, differing from Rashi, who explains
totafot as referring to speaking, as in (Ezek. 21:2) “preach (hatef) to
the south.” But it would seem that Rashi’s words would make sense,
that originally totafot referred to tefillin, and later it was applied to a
crown, since it is worn on the place of the tefillin. This is borne out in the
Yerushalmi (Shabbat 6:1), where the phrase “should not wear her totefet”
is said by Rabbi Bun ben Rabbi Chiyya to refer to a kevurtaya, an article
situated in the place of totafot. Also the Targum Yonatan translates (2
Sam. 1:10) “the bracelet on his arm” as “the totefta on his arm,” because
the ornament is worn on the place of the hand tefillin. In this way, one
can find merit in the poet’s including in the word totafot both head tefil-
lin and hand tefillin. As to the word ta’adeh [which we translated as “put
on”], this has the meaning of decoration, since the head tefillin is called
a thing of beauty (pe’er), as it is written (Ezek. 24:17) “put on your head-
tire (pe’ercha),” and the rabbis explained that this refers to the tefillin.
They similarly explained “a garland (pe’er) instead of ashes” (Isa. 61:3).
Now these [head tefillin and hand tefillin] are counted as two com-
mandments. Maimonides brings a proof for this from what is said in the
Gemara Menachot (44a) expressing surprise at the idea considered that
one who does not have a head tefillin does not put on the hand tefillin,
for “if a person cannot have two commandments, should he not at least
perform the one commandment?” Thus, they are called two command-
ments, and it is proper to so count them, and Nachmanides agrees with
him, although the Gaon only counts them as one. Now Maimonides’s
proof does not refute the Gaon in my opinion, since, regarding the lulav
whose four species comprise only a single commandment, as everyone
agrees, they said (Sukkah 37b) that the etrog is held in the left hand
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———————————————— The Positive Commandments ————————————————
and the lulav in the right hand [the more honored position]. This is be-
cause the latter consists of three commandments [palm branch, myrtle,
and willow], while the former [etrog] is just one commandment. So the
rabbis have [in the above quotation] termed the component parts of a
single commandment as commandments. [The tefillin are not counted
as more than two] although they said (Menachot 44a) that one who ab-
stains from wearing tefillin violates eight positive commandments, we
still do not count them as eight commandments, as is explained in the
principles (No. 9).
And rule the foreign slave. The Gaon wrote that to retain a foreign
slave [is a commandment], and Maimonides also includes it. For there is
an argument in the first chapter of Sotah (3a) whether [retaining lordship
of a foreign slave] is a duty or is merely permitted, and the conclusion
is that it is a commandment. And in the Gemara Gittin (38b), they said,
“Anyone who frees his slave transgresses a positive commandment, as it
is said (Lev. 25:46), ‘You will keep them as slaves forever.’” Maimonides
included with this the freeing of a gentile slave upon disabling of his
“tips of limbs” [by the master]. But Nachmanides decided to make it a
separate commandment, i.e., to carry out the rule that one who knocks
out his slave’s tooth, etc. must free him. This does not mean that the
master does a commandment by freeing the slave, for the freeing of a
gentile slave because of “tips of limbs” is nothing but a fine, and a fine
would not be entered among the commandments (see principle 14). But
the substance of the commandment is for us [the community, acting
through the court] to execute this law. And Nachmanides says that just
as we consider marriage and divorce as separate commandments, so is it
proper to count the commandment of retaining the slave and of freeing
him as two commandments.
And circumcise the flesh. The commandment of circumcision is part
of the enumeration. It is already stated in the beginning of Keritot (2a)
that there are thirty-six commandments punishable by “cutting off,”
and two of these are positive commandments, i.e., the paschal lamb and
circumcision. There are other proofs that are unnecessary to mention,
since they are well known.
19. And redeem the firstborn donkey, and observe the Sabbath,
And recite the whole hallel on specific days.
The Gaon counted the redemption of the firstborn donkey and the
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26 Perlow, in his note on this section, says that the words above misrepresent the Gemara cited; I
presume that he is referring to the apparent identification of the kal vachomer with the principle
of a positive commandment overriding a negative commandment.
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27 The fact that the Gemara is saying that the Shabbat commandment cannot be overridden because
it has a positive commandment proves that there is indeed a positive commandment of resting on
Shabbat.
28 At this point, we switch into another aspect of the Sabbath, which is not so evident from the
Hebrew text. I would like the text to read “hineh od yesh bashabbat.”
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at the Red Sea. But his fellow scholars differed, saying that David said
it first. But his [Elazar’s] words are more reasonable; for could it be
possible that the people of Israel were slaughtering their paschal lambs
and taking their lulavs without saying Hallel?” They further spoke there
about who [originally] said Hallel [as follows]. “Rabbi Eliezer the Great
said that Moses and Israel said it when the evil Pharaoh stood against
them. They said (Ps. 115:1), ‘Not for us,’ and the Holy Spirit replied (Isa.
48:11), ‘For My sake, for My sake, will I do it.’ The other sages said that
the prophets among them established it (the hallel) to be recited on
every holiday and for every trouble which may befall [may it not!] upon
the congregation. And when they are saved, they should say it for their
redemption.” So according to Rabbi Eliezer, Moses said it concerning the
oppression of Pharaoh, and then David wrote it [in the book of Psalms],
just as he wrote down (Psalm 90:1) “A prayer of Moses, the man of God,”
for the book of Psalms is a collection of all the songs of praise that were
said in Israel. And in the first chapter of Bava Batra (14b), it says that
David wrote down the book of Psalms on the basis of hymns of the ten
elders (Adam, Malchizedek, Abraham, etc.).
But even according to the words of the sages who said that the
prophets who came out of Egypt instituted the hallel in Moses’s time for
every redemption, and even according to the one who said that David
composed it, it is not farfetched to say that hallel is from the Torah. For
Maimonides admits that prayer is a Torah law, but the form of prayer was
instituted by the Men of the Great Assembly, as he explained in the first
chapter of the Laws of Prayer (par. 4). A similar thing is the song that
was sung in the temple, according to the opinion that the essence of the
song was the voice, the music being an accompaniment for the voice, and
the song is essential to the sacrifice according to the Torah; then David
established it [the specific songs to be recited], as was taught in tractate
Arachin (13a). Also, regarding the blessing after meals, which is a Torah
commandment, Moses instituted the first blessing, Joshua the second,
Solomon the third (Berachot 48b). From all the above, it is seen that,
although the commandment in all cases is from the Torah, the text of the
blessings and the songs were established by the prophets. Therefore, it is
plausible that the hallel is a Torah law, even though David composed it.
But there is a difficulty with all this from what is said in the second
chapter of Tractate Berachot (14a), “May one interrupt the reading of
hallel and of the Megillah? Should we say that, since one may interrupt
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the reading of the Shema, which is a Torah law, so it is even more logical
to permit interruption of the Hallel.” From this, it seems that the hallel
is a rabbinic law. But it might be that they were only referring to the hal-
lel of Chanukah, similar to the Megillah, but the hallel at the slaughter
of the paschal lamb and that accompanying the taking of the lulav could
be from the Torah. All of the above is what Nachmanides wrote [in his
critique of principle 1].
It is certainly plausible to maintain that the hallel for the slaughter
of the paschal lamb and for taking the lulav is from the Torah, according
to the words of Rabbi Yose and Rabbi Eliezer the Great, as I mentioned
previously. But regarding the proof he brought from Taanit (28b), which
says, “hallel on Rosh Chodesh is not from the Torah,” which implies that
other recitations of hallel are from the Torah, this is not a decisive proof,
in my humble opinion. For it is characteristic of the Talmud to call the
essential part of an enactment a Torah law, even though it is rabbinic.
For it is taught in Megillat Taanit (chap. 2), “It is found that Pesach Sheni
is from the Torah, which means that it is forbidden to have a eulogy or
a fast day [on Pesach Sheni], which is based on a kal vachomer, and on
Pesach Rishon it is forbidden even more so.” So “from the Torah” [as used
here] is not exactly accurate, for it is forbidden by only by rabbinic law,
and it is established that Megillat Taanit is no longer valid, and when
they say “from the Torah,” it only means that this is a basic element of
the rabbinic enactment.
Rashi commented similarly in chapter “Ha’or V’harotev” [perhaps re-
ferring to Rashi on Chullin 120b on the phrase “af terumah.”] They said
similarly in the first chapter of Rosh Hashanah (16b), “The Torah said,
‘Recite before Me Malchuyot, Zichronot, and Shof ’rot,’” and it is clear that
these blessings of Rosh Hashanah are only rabbinic, as mentioned in the
last chapter of Tractate Rosh Hashanah (34b) and in the first chapter of
Berachot [perhaps this reference is actually to the fourth chapter 29a].
And in Yevamot (4a), they said, “How do we know about the validity of
deriving laws from juxtaposition? It is from the verse (Ps. 111:8) ‘They are
established for ever and ever’ [the word smuchim, meaning ‘established,’
is also used to mean juxtaposition of paragraphs in the Torah].” And
in Menachot (81a), they said, “The Torah said, ‘Better that you do not
vow’ (Eccles. 5:4).” And they said in the first chapter of Tractate Chullin
(17b), “Whence is it known that examination of a slaughtering knife is
a Torah law?” when this law is actually just a sign of respect for the sage
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to whom one shows the knife, as is mentioned there. And the expression
“Torah” in this citation is not precise; it only signifies a teaching and an
established practice, as in Gittin (44a), “From me, Ami bar Natan, Torah
(i.e., teaching) goes forth to Israel.” Also, in certain places, they speak of
a private positive commandment [which conflicts with a public positive
commandment] even though that [private] commandment is rabbinic,
as in Tractate Mashkin (Moed Katan 14b) regarding mourning on the
first day, according to the French sages who say that this is a rabbinic
commandment, and there are other similar instances.
So when it is said that the hallel of Rosh Chodesh is not from the
Torah, the meaning is just that this is inferior to the status of hallel on
Chanukah, and it is known that Chanukah itself is rabbinic, and so much
more is the hallel recited on it rabbinic. Nevertheless, even if we would
agree that hallel in certain instances is from the Torah, we could still
find justification that it should not be enumerated; for it is possible that
it is included in the commandment of rejoicing on holidays, as it is writ-
ten (Num. 10:10), “And on your joyous occasions, your fixed festivals,
and new moon days, you shall sound the trumpets.” The main rejoicing
would be by vocal music with the instruments as accompaniment; the
commandment would consist of an appropriate song at the time of the
sacrifice, and of the recitation of hallel not at the time of sacrifice. On
the new moon, however, the sages eliminated the recitation of hallel
outside the temple, since it is not a day hallowed as a festival. Similarly,
in Tractate Arachin (11a), they said, “Whence is the principle of singing
from the Torah? It is from here: ‘Because you did not serve the Lord
your God in joy and gladness’ (Deut. 28:47). What is service in joy and
gladness? Presumably it is singing.”
In summary, we have three distinct possibilities for this matter: (1)
hallel is rabbinic according to Maimonides, and in his view should not
be enumerated, while the opinion of the Gaon is that it is enumerated;
(2) it is from the Torah and should be enumerated; and (3) it is a Torah
law but should not be enumerated, since it is part of a commandment of
rejoicing, and this is Nachmanides’s view.
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one commandment, “You shall make tassels on the four corners of your
garment,” and the latter part of the verse only specifies the place of the
tzitzit, and it is not a statement action. Therefore, it would seem that
the fifth positive statement is “and you shall see it” (Num. 15:39), and
Rashi also has explained thus. If so, why should we not count the com-
mandment of seeing as a separate commandment, which is the main
commandment, as they said in chapter “Hatechelet” (43b), “Seeing leads
to remembering, remembering leads to doing”? And in Midrash Tillim
(Yalkut Shimoni, Tehillim No. 723) it is said that David said before the
Holy One, blessed is He, “I praise you with all my limbs. With my head
I turn it as I recite the shema; with the hair on my head I fulfill the
prohibition against rounding the corners of the head (Lev. 19:27), and
I also place the tefillin on my head; with my neck I perform the com-
mandment of wrapping in a fringed garment; and with my eyes I fulfill
‘and you shall see it.’” And it is further said there, “With my right hand
I write, and with it I point out the logical reasoning in the Torah; on my
left hand I bind the tefillin; and I hold my tzitzit during the reading of
the Shema in order to see them with my eyes.” Therefore, why should the
commandment of seeing not be counted as a distinct commandment,
for wearing is one action, and seeing is a separate action? The author of
the Book of Commandments has already counted “gazing at the tzitzit”
(SeMaK, Positive Commandment 29).
Do not err in thinking that this [taking “you shall see it” as a com-
mandment] would only be said according to the sages who do not
interpret this passage as implying that night clothes are exempt from
tzitzit. For they think that it is a positive commandment, which does
not depend on time and which [consequently] is incumbent on women.
But Rabbi Shimon does interpret this clause as exempting night clothes
from requiring the tzitzit [for in the dark one does not see], and it is a
time-dependent commandment, for which women are not responsible
[women generally do not observe time-dependent commandments].
Indeed, the law follows his opinion, according to the decision of the
early authorities. [You might think that] he would not construe “and
you shall see it” as a commandment, since it is used for this limitation
[of tzitzit not applying to night clothing]. But this assumption would be
erroneous, for even though Rabbi Shimon finds in this verse exemption
for night clothing, the main message of this verse does not depart from
its simple sense, which is a commandment to see the tzitzit. For they
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said there (Menachot 43b), “And you shall see it, and you shall remem-
ber . . . and you shall do” (Num. 15:39); seeing leads to remembering,
remembering leads to doing. Rabbi Shimon ben Yochai says that anyone
who is careful about this commandment merits to encounter the divine
presence, for it is written here (Num. 15:39) “And you will see Him [tak-
ing oto to mean Him rather than it],” and it is written elsewhere (Deut.
6:13), “You shall fear the Lord your God and serve Him” [oto here clearly
means Him]. So it is evident that although Rabbi Shimon interprets this
verse to exempt night clothes, he does not desist from considering it as
a commandment, and it is equivalent to receiving the Divine Presence.
Therefore, why not include it in the enumeration of the commandments.
But the commandment of remembering is not to be included, since it is
one of the all-inclusive commandments, which are not to be enumer-
ated, as is known from the principles (No. 4).
And lend to the poor is an enumerated commandment, as is stated
in the Mechilta (Mishpatim 19:182),“Every im (if) in the Torah express-
es permission, except for three cases, to wit ‘If you lend money’ (Exod.
22:24) is a duty. How do you know it is a duty, and not just permission?
It is from the verse ‘You shall surely lend him’ (Deut. 15:8), which ex-
presses duty, not permission.”
And assuage the distressed with words. This is from the proph-
ets (Isa. 58:10), “If you draw out your soul to the hungry.” This means
that if you have no money, draw out your soul to him and tell him, “If
I could fill your need with the blood of my life, I would do so.” This is
part of doing acts of kindness and is included in “And you shall love
your neighbor as yourself” (Lev. 19:18). It is therefore not counted as
a separate commandment, for it is part of another commandment, and
the commandment of loving comrades has already been counted.
21. Recite the proper blessing for food, slowly or with haste;
And may you not be undernourished by the affliction of
atonement.
The blessing for food after meals is from the Torah. It is clearly
stated thus in the third chapter of Berachot (21a), “The reciting of
Shema and the blessing for food are from the Torah.” And they said in
the Yerushalmi (Megillah 4:1 and Berachot 7:1), “The law of blessing
after food is written in the Torah, but the blessing before food is not
written in the Torah.” And they said in the Tosefta (Berachot 6:1), “The
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blessing for food [i.e., after the meal] is from the Torah, as it is said
(Deut. 8:10), ‘And you shall eat and be satisfied and you shall bless.’” And
in Tractate Chullin (87a), it is explained that the four blessings consti-
tute just one commandment, not four commandments. For when our
holy rabbi (Rabbi Judah the Prince) gave a certain main forty gold coins
as a reward for his reciting the blessings after a meal, they learned from
that incident that the reward was not ten coins per commandment, but
ten coins per blessing, for had it been ten coins per commandment, he
would have given him only ten coins altogether, since the four blessings
constitute only a single commandment.
Slowly or with haste is poetic to complete the rhyming [mazon
rhymes with chipazon].29
And may you not be undernourished by the affliction of atonement.
It is a commandment to afflict oneself on the Day of Atonement. And
there are five afflictions that are written concerning this command-
ment, as mentioned in the last chapter of Yoma (73b), but it is counted
as only one commandment, since the action is expressed as a single ac-
tion [afflicting oneself], as is expressed in the principles (principle 9).
The expression “And may you not be undernourished” is an assurance
that one would not become lean.
22. Return the poor man’s security pledge; let it not remain
with you;
And return what was robbed, and what was gained from eco-
nomic oppression.
Maimonides explains that for every commandment that involves
both a prohibition and a positive statement, the prohibition should be
listed among the prohibitions, and the positive statement should be
listed among the positive commandments. And in these two command-
ments, namely, returning a pledge and returning a robbed article, there
are prohibitions for each one, i.e. (Deut. 24:10), “You must not enter
his house to seize his pledge” and (Lev. 19:13) “You shall not commit
robbery.” And there is also a positive commandment involved, i.e. (Deut.
24:13), “You must return the pledge to him” and (Lev. 5:23) “He shall
return that which he robbed.” And in Tractate Makkot (16a), they said
29 The meaning of this phrase is obscure. Perhaps it refers to the alternative versions of the blessing,
which is valid in difficult circumstances.
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about these commandments that they are prohibitions, but they are at-
tached to a positive commandment [i.e., the offense can be corrected by
returning the object].
Note that even though robbing and coercion (Lev. 19:13) comprise
two enumerated commandments (Lev. 19:13), “You shall not coerce”
and “you shall not rob,” returning the objects taken [by coercion or rob-
bery] is only counted as a single commandment, for the scriptural ex-
pression is “he shall return what he got by robbery or coercion.” Since it
is expressed in one clause, it is only counted as a single commandment,
although this positive statement corresponds to several prohibitions,
i.e., robbery, coercion, or wrongful retention of a deposit, as I mentioned
in the principles (No. 6).
23. Be humble to the elder, for his understanding and his age;
Rise before him, and honor his presence.
Giving respect to the wise and elders by rising before them and hon-
oring them is an enumerated positive commandment. It trains one to
be humble, which is the greatest virtue, and brings one toward the Holy
Spirit (Avodah Zarah 20b). The chief of all the prophets was praised for
it [his humility] (Num. 12:13), and the wise one (Solomon) said (Prov.
22:4), “Fear of the Lord results from humility.” The poet [Gabirol] ex-
plains [by his phraseology] that this commandment applies to both a
wise youth and an undistinguished older person [termed zaken ashmai
in Kiddushin 32b], meaning an empty person (bur).] [The source for
ashmai meaning empty] is the Targum on the verse v’ha’adamah lo tes-
ham (Gen. 47:19) as lo t’vur (will not become empty). Therefore, he said,
“For his understanding and his age,” i.e., whether it is intellectual age or
temporal age. The commandment consists of rising and honoring, as is
mentioned in Kiddushin (32b).
24. And you shall learn and teach, and honor your parents;
And you shall return a lost article, and sanctify the firstborn.
Just as the Torah repeated the commandment of studying the Torah,
so did the poet repeat it twice. He said previously, “Make his words a
healing” (Stanza 16), and again, “You shall diligently teach them con-
tinually.” And here he said, “And you shall learn and teach”; and in all
this, there is only one enumerated commandment, which is the com-
mandment of Torah study for oneself, one’s children, and one’s pupils
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cepted ruling in the Talmud is in accord with the opinion that we may
not use a vav to extract a law. In any event, all agree that the father and
the mother comprise a single commandment, because they are stated
in one clause. We need not belabor the point, looking for justification
that all the extra included persons are not to be separately numbered,
for there is only a single commandment regarding the natural parents
and the ancillary persons included in the scripture. In a similar way, we
count returning what was robbed or obtained wrongfully or what was
deposited in our care, all as one commandment. Also, rising and honor-
ing an elderly person or a scholar is a single commandment, and so I
have written in the fourteen principles.
And you shall return a lost article. The Mechilta states concerning a
lost article that it is commanded by both a positive and negative state-
ment. This comment also comes in the Gemara (Bava Metzia 32), i.e.,
returning a lost article is stated both as a positive and negative com-
mandment. And they argued that a person who is keeping a lost article
[until the owner shows up] is like a paid guard, since he is exempt from
giving a perutah to a beggar as charity [while he is occupied with the lost
article], since he is already busy performing a commandment, so he is
exempt from another commandment.30 Furthermore, they stated in the
Sifre (Tetze 42) that the verse (Exod. 23:4), “When you encounter your
enemy’s ox or ass wandering, you must take it back to him,” is a positive
commandment. I have previously written in the principles (No. 6) why
this commandment is enumerated separately from that of returning an
article that was robbed.
And sanctify the firstborn. This means the dedication of the firstborn
of clean animals. Maimonides holds that this law applies to the land of
Israel, while Nachmanides says that it also applies outside the land of
Israel, and he discusses this at length in his Laws of Firstlings.
30 Note that in the version of this opinion of Rav Yosef in Bava Kamma 56b, the small donation
to the beggar is a rifta [a piece of bread]; but in the version of his opinion in Nedarim (33b), the
donation is a perutah [ a small coin].
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in the next one, “and to perform charity.” For the Torah also reiterates
this commandment in a number of places. But since the action is the
same, i.e., giving to the poor, it is only counted as a single command-
ment. And in chapter 3 of Shevuot (25a), they said that if a person
takes an oath to give to a poor person, [it does not count as a separate
obligation] since he is already bound by the oath at Sinai [to observe
the Torah]. The commandment of granting loans has previously been
separately enumerated.
And he says, “Be merciful to the poor,” a poetic phrase, even though
Scripture says (Exod. 23:3), “You must not show deference to a poor per-
son in his dispute,” and Onkelos rendered this, “v’al miskena lo t’rahem”
(lit. “You shall not show mercy to the poor”).
Comfort the mourners; converse with the sick. The Gaon (author of
Halachot Gedolot) counted these as positive commandments. The rabbi
[Maimonides] criticized him, for these laws are homiletically derived in
the Talmud from the verse (Exod. 18:23), “And you shall show them the
way wherein they should walk,” with the word yeilchu indicating visiting
the sick, and the word va indicating burying the dead. The rabbi does not
consider such interpretations as enumerable commandments, as I have
written in the introductory fourteen principles. But Nachmanides has
defended the gaon by asserting that he did not include these command-
ments on account of the quotation from Bava Metzia, but from another
Talmudic passage (Sotah 14), where Rabbi Chama ben Chanina, “What
is the meaning of ‘And you shall walk after the Lord your God (Deut.
13:5)?’ Is it possible to walk after the Holy One? It means, however,
that as the Holy One clothes the naked, so should you, as He visits the
sick, so should you, as He buries the dead, so should you, as He com-
forts mourners, so should you.” These laws are derived in the Sifrei from
(Deut. 28:9) “and you shall walk in His ways,” so they are Torah laws,
but are not to be enumerated separately; they are part of either “walking
in His ways” or “love your fellow as yourself.” And regarding mourning
itself, it is an enumerated commandment from the verse (Lev. 21:3) “for
her he shall defile himself,” which is explained in Sotah (3a) as a com-
mandment [rather than expressing permission].
As to what he says converse with the sick, it is because talking is
beneficial to the sick, as it is stated (Nedarim 41a), “Talking is helpful
for a fever.”
And bury those who are cut off. It is a positive commandment to
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31 See reference on this in Ziv Hazohar pp. 25, 26, note 364. He mentions Torah Temimah on Devarim
21, 23, note 160, which argues the opposite of Zohar Harakia. He claims that the extension to a
general corpse of the prohibition is an obvious asmachta, and from this, it is clear that the positive
commandment is likewise an asmachta.
32 The fourth Hebrew word in this stanza is “v’chatet.” But we adopt here the reading yechatet,
according to the reading in the MS and in the first printed edition, replacing the vav with a yod.
The word yechatet is an unusual form, which would mean “one who is destroyed,” and we translate
it as “impoverished.” The usage of “yechatet” referring to a poor person is in keeping with the verse,
(Prov. 10:15) “The destruction of the poor people is their poverty.”
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to review the portion about the Exodus [in the course of his lectures],
but he would nevertheless say the complete recital of Shema [as part of
the evening service, which includes “who brought you out of the land of
Egypt”], so as to mention the Exodus at the proper time [of the evening
Shema]. In the same chapter (ibid., 14b), they express amazement at
those who did not recite the portion about the tzitzit [as part of recit-
ing the Shema] at night, since one has to make mention of the Exodus
from Egypt [at night, as well as in the day]. They answered that [those
who omitted that paragraph would in its stead] say the following: “We
acknowledge, Lord our God, that you brought us out from the Land of
Egypt.” And in chapter “Mi Shemeito” (Berachot 21a), they said that if
one is in doubt as to whether or not he recited the section emet v’yatsiv
[following the scriptural portions of the Shema], he should go back and
say this, because emet v’yatsiv is from the Torah, i.e., because of [its con-
taining material on] the Exodus from Egypt. Thus, it [remembering the
Exodus] should be an enumerated commandment. Now, Maimonides
must have included this law with that of “you shall tell your child” (Exod.
13:38). This does not seem right, for that commandment [of telling] ap-
plies particularly to that night [of Passover], and neither the recital of
the section vayomer [concerning the tzitzit] nor the [following] section
emet ve’emunah [although both sections allude to the Exodus] discharge
a person of his duty of telling his children. This is like our counting read-
ing the Torah as a commandment [which applies at all times, as does
the commandment to remember the Exodus] and reading the Shema as
a separate commandment, which applies at a particular time [like the
commandment to “tell your child” on Passover night]. [They are sepa-
rately counted, even though they are of essentially the same nature,]
since the same blessing suffices for both of them, namely the blessing
ahavah rabbah, as indicated in chapter 1 of Berachot (11b). So it is cor-
rect to count the commandment of remembering separately and that of
telling separately even more so [remembering and telling being different
actions].
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28. To make the day of rest joyous, with quiet and security;
And to feast and rejoice, and to love converts.
It is a positive commandment from the prophetic tradition (Isa.
58:13), “And you shall make the Sabbath a delight.” It should not be
enumerated, unless one counts rabbinic commandments [i.e., any laws
not from the Torah of Moses], as is the opinion of the Gaon, author of
Halachot Gedolot. The commandment of resting on the Sabbath, which
is from the Torah, was recorded previously (Stanza 19), “And you shall
keep the Sabbath.”
And to feast and rejoice comprises two enumerated command-
ments. They said in the Sifre (Re’eh 191:11), “Three commandments
apply to a festival, namely, feasting, appearing [at the sanctuary], and
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rejoicing.” Mentioned later (Stanza 55) is “to appear and to go up.” The
commandment of feasting means to offer the festival peace offerings,
and the commandment of rejoicing means to offer additional peace of-
ferings for rejoicing. It also includes various other types of rejoicing, like
rejoicing with the drawing of water [on Sukkot] and providing enjoy-
ment to one’s children and other family members, to each one according
to what is fitting, as noted in chapter 1 of Chagigah (8a) and in the last
chapter of Pesachim (109a). I previously wrote (at the end of Stanza 19)
that it may be possible to include the recital of hallel in this command-
ment [of rejoicing].
Ulesimchah (to rejoice) is not a noun [although “simchah” is usually
the noun “rejoicing”], but an infinitive, like velismo’ach [the usual infini-
tive form]. It has a parallel about the Philistines gathering (Judg. 16:23)
“to offer a great sacrifice to Dagon their god and to rejoice (ulesimchah).”
And to love converts is a special commandment for converts in
addition to [the commandment to love] other Israelites, love of one’s
fellow [Israelite] being counted as a specific commandment. We learn
[that we have two distinct commandments] from what the rabbis said
(Bava Metzia 59b) that if one wrongs a proselyte, he transgresses (Lev.
25:17), “You shall not wrong each other” and (Exod. 22:20) “You shall
not wrong a proselyte.” Analogously, we count loving an Israelite and
loving a convert as two commandments.
Now, I wonder why there was not included among the sum of the
commandments that of receiving converts, which specifically applies
to the court to receive them35 and not to put them off, as it is said in
Yevamot, chapter “Hacholetz” (47b), “He is to be circumcised immedi-
ately, for one does not delay a commandment.” A similar statement was
made (ibid., 39a) about the levirate marriage, that if [the dead brother
had] a younger brother as well as an older one who lived in a distant
country, one cannot say that one should wait until the older brother
arrives, and the reason given is that a commandment should not be de-
layed. Therefore, receiving proselytes by the court is a commandment.
And this is expressed in the Torah (Deut. 1:16) as “And you shall judge
rightly between a man and his brother, and the stranger.” From here,
35 At this point, the acronym bet, yod, mem, kaph appear in parentheses in the recent editions but are
absent in our manuscript and in the Lemberg edition.
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rabbis said (Sabbath 156a), “Depart from your astrology, etc.” Thus far
is the explanation of Nachmanides.
Now in my humble opinion, I find an objection against him
[Nachmanides] from what is said in Gemara Sanhedrin (59a), that any
commandment spoken to the descendants of Noah and repeated at Mt.
Sinai applies to both [Jew and non-Jew]. Thereupon, they objected that
circumcision was stated for the descendants of Noah [in the loose sense
that it was stated previous to the giving of the Torah at Sinai, i.e., to
Abraham], [in the verse] “And you shall observe my covenant” (Gen.
17:9). And it was repeated at Mt. Sinai, i.e., “On the eighth day . . . shall
be circumcised” (Lev. 12:3). Nevertheless, it [in fact] applies to Israel and
not to other descendants of Noah [contrary to the above generalization
about such repeated commandments]. Now, if being wholehearted is an
enumerated commandment, they would have raised a similar objection
from what was said to the descendants of Noah [again actually spoken
to Abraham], “Walk before Me and be whole-hearted”; it was repeated at
Sinai, “You shall be whole-hearted” (Deut. 18:13); and it applies to Israel
and not to the descendants of Noah. For if it applied to the descendants
of Noah, there would be eight commandments for the descendants of
Noah, whereas the Talmud only enumerates seven. There should thus
be no difference between being wholehearted and circumcision on
the eighth day [with regard to their status as commandments] in my
opinion.38 Also, the verse that Nachmanides brought, “Let my heart be
perfect in Your fear,” is not true, but it is “Let my heart be perfect in your
statutes, that I be not ashamed.”
If, however, this commandment should be enumerated, as is the
opinion of the Halachot Gedolot, we would have to explain that His say-
ing to Abraham (Gen. 17:1), “Walk before Me and be whole-hearted”
pertains to circumcision and is a warning not to be negligent about it,
which is not Nachmanides’s interpretation. But “you shall be whole-
hearted” (Deut. 18:13) would then apply to Israel, and not to the sons
of Noah.39
38 The version of Nachmanides’s text used by Duran had the verse from Psalms 119:80 misquoted,
reading b’yiratcha, “in your fear,” rather than b’chukecha, “in your statutes.” The wrong version
possibly would have been a better support for Nachmanides’s thesis than the true reading. Duran
does make a point of giving the quotation correctly.
39 i.e., the commandment of wholeheartedness in Genesis and that in Deuteronomy are referring
to different things, the one to circumcision, and the other to fortune telling. Thus, the Zohar
Harakia’s objection on the basis of Sanhedrin 59a would be solved.
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40 “Humility” as such is not a counted commandment; the Zohar Harakia does, however, enlarge on
“humility” in stanza 23.
41 This statement does not seem to be an actual Talmudic quotation.
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the Lord your God” includes [revering] the wise. Maimonides criticized
him, since he considers this as only a rabbinic law, since this interpreta-
tion is based on the inclusive property of “et”; and Maimonides holds
that any such interpretation is only rabbinic. Even if this is so, we have
already stated that this is no problem for the Gaon, since he does enu-
merate some [totally] rabbinic commandments.
But Nachmanides differs with Maimonides, since his [Nachmanides’s]
opinion is that all rabbinic interpretations constitute Torah law, unless
it is expressly stated that they are rabbinic and that the Torah verse is
cited merely as an asmachta. We have already found many instances in
the Talmud, where something is derived from a ribbui [derivation from
an inclusive term, of which et is an example], and it is a Torah law. This is
what I mentioned before (Stanza 24) regarding honoring a stepmother
and stepfather. Likewise, they said in the Gemara (Sukkah 6a), “The law
of interpositions [i.e., anything preventing contact between the body
and the water of a mikvah renders the immersion invalid] is a Torah
law. However, the law that the hair [as well as the flesh requires im-
mersion] is known only by rabbinic tradition [and not directly from the
Torah]. This law, however, [on second thought] is also a Torah law, since
it is written (Lev. 14:9), ‘v’rachatz et b’saro bamayim,’ the redundant et
indicating that what is attached to the flesh, i.e., one’s hair, also [needs
immersion].” I found also in chapter “B’not Kutim” (Niddah 35a) the
opinion of Rabbi Eliezer that even the third emission of a zav should be
investigated [as to its authentic zav character, since the symptoms at the
outset may be misleading, and unless there are three consecutive zav
emissions, the man is not considered a full-fledged zav who must bring]
a sacrifice [after his recovery]. His opinion is based on the interpreta-
tion of et [in the phrase hazav et zovo in Lev. 15:33] that hazav indicates
one instance, et indicates the second, and zovo the third. It is evident
from this that a ribbui interpretation from et is a Torah law.
Thus, revering the sages is a Torah law, and he counts them as two
commandments, i.e., revering God and revering the wise, since it is pos-
sible to revere one without the other. Now, according to this, it would be
proper to enumerate one’s father and mother and fearing them as two
commandments [in both cases], and I have not seen anyone who does
this. Nachmanides agreed with Maimonides on this matter, and this is
correct in accordance with what I wrote in the principles (No. 9) that
particular cases in a single commandment are enumerated as one item,
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33. Keep the poor man’s tithe, and also the second tithe;
And the first and eighth day, sanctify with glory.
The poor man’s tithe is a commandment, which is to remove it
in the third and sixth years of the sabbatical cycle, unlike the second
tithe [which is removed during the first, second, fourth, and fifth years].
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Concerning the poor man’s tithe it is stated (Deut. 14:28), “At the end of
every third year you shall bring out the full tithe of your produce.” And
regarding second tithe, it is stated (ibid., v. 22), “You shall surely take
a tithe (aser t’aser) from all the produce of your sowing” [the dual form
aser t’aser implying a second tithe for one’s own celebration of holidays,
as well as the first tithe, which must be given to Levites]. Both these
commandments [second tithe and poor man’s tithe] are enumerated
commandments.
Concerning the first and eighth days of the Sukkot holiday, it is a
commandment to sanctify them with glory and honor by resting. These
are two commandments, namely (Lev. 23:35), “On the first day there is
a holy occasion” and (ibid., v. 36) “On the eighth day there is a holy occa-
sion.” For each one, [the term] shabbaton (resting) is prescribed, and the
expression in the Talmud (Sabbath 25a) is “Rav Ashi said that shabbaton
is a positive commandment”; and on this basis, they said that that the
holidays entail both a positive and a negative commandment [regarding
resting]. Even though the resting is identical [on both days], neverthe-
less, since the days are separated, the first day and the eighth day, they
are counted as separate commandments. This opinion was upheld by
all who enumerated the commandments, as Maimonides agreed in the
thirteenth principle.
34. Tithing from the tithe, and also the recitation for the tithes;
And give the cattle tithe, and the first shearing of the flocks.
It is a positive commandment to remove a tithe [called “first tithe”]
from the produce of the land, as it is said (Num. 18:24), “For it is the
tithe set apart by the Israelites as a gift to the Lord,” and (Lev. 27:30)
“All tithes from the land, whether seed from the ground or fruit from
the tree, are the Lord’s.” The above is what Maimonides wrote, and it is
in error, for the verse (Lev. 27:30) was said about second tithe, which is
considered holy [as described at the end of verse 30], and which is to be
eaten in Jerusalem but can be redeemed to be eaten outside Jerusalem,
and about which it is said there (v. 31), “If a man wishes to redeem any of
his tithes.” But first tithe need not be eaten in Jerusalem, and one need
not redeem it, and it is said concerning it (Num. 18:31), “You may eat it
anywhere.” Nachmanides already noticed this (in the twelfth principle).
Actually, the commandment for both the first tithe and second tithe is
from (Deut. 14:22) “You shall surely tithe all the produce of the seed”;
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and they explain [in Rosh Hashanah 8a, that the dual form, aser t’aser,
implies that] the scripture is talking about two tithes, i.e., first tithe and
second tithe. Now, according to this, these [first tithe and second tithe]
should have only counted as a single commandment [as they both derive
from a single clause]. However, in the Sifre (Korach 55), they learn this
[the commandment of first tithe] from another verse (Num. 18:26),
“You [the Levites] shall set apart from it [first tithe] a gift for the Lord”
The Sifre continues, “It would seem [that the mention of the first tithe]
is intended to teach [us something about the Levites’ gift from their
portion]. [On the contrary, something] is learned [about first tithe from
the Levites’ gift]; i.e., just as the Levites’ gift is stated as a positive com-
mandment, so is giving first tithe [to the Levites] a positive command-
ment.” Scripture specifies that this tithe is to be given to the Levites, as
it states (Num. 18:21), “And to the children of Levi, behold, I have given
all the tithes in Israel,” and the Levites are commanded to remove a tithe
of their tithe and give it to the priests, which is explicit in Scripture
(ibid., v. 28). Now these are enumerated as two commandments, first
tithe and the removal of [the portion for the kohanim] from the [first]
tithe. Their legal severity is not the same, since the [consumption of first
tithe by a layman] is not a capital sin, while [consumption of the priests’
portion] is a capital sin.*
*The last clause
Also, in the Sifre (Korach 57), it is taught that
“while . . . capital sin” “and you shall set apart from it” (Num. 18:26) im-
is missing in the Ziv plies that one must separate from a given species
Hazohar edition. The
entire subject of how produce of the same species and not that of another
the various elements species. They also derived that one should not sepa-
of the agricultural
portions levied on the
rate from uncut produce for harvested produce, nor
farmers are derived vice versa; not from new produce for old produce,
from scriptural roots nor vice versa; not from fruits of Israel for fruits
is complicated. There is
yet more to come. grown outside, nor vice versa. In view of this, there
is another commandment, a prohibition inferred
from a positive statement, such that if one [wrongfully] separated in
this way, he would be transgressing a positive commandment [i.e., “you
shall set apart from it”]. This is similar to one who eats an olive’s size of
the roasted [paschal lamb] while it is yet daytime, and thus transgresses
the positive statement [of eating it at night]. Nachmanides counts this
in his enumeration (Additional Commandments No. 12); [indeed he also
includes a closely related case of priestly portions wrongfully separated
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42 Actually, the author of Ziv Hazohar notes that elsewhere Duran says that the priests do eat the
meat of the tithed cattle, and this has become a subject of controversy among the authorities.
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The poet (ibn Gabirol) forgot one commandment and did not write it,
namely (Deut. 18:3), “He must give the priest the shoulder, the cheeks,
and the stomach.”
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36. And strengthen the poor person who is slipping, and you
will never slip;
And in the seventh year, release the spontaneous growth of
produce and of grapes.
And strengthen the poor person who is slipping is included in
the commandment of charity, which he already mentioned (stanzas 25
and 29), and it is based on the Torah’s expression (Lev. 25:35) “When
your brother becomes poor, and his hand slips with you, then you shall
uphold him, etc.” The Gaon considered enabling your brother to live as a
[separate] enumerated commandment [from the concluding words of v.
35, “and he shall live with you”]. The poet wrote it later (Commandment
No. 80), and there I will explain it.
And you will never slip is a promise [not a commandment].
And in the seventh year, release the spontaneous growth of produce
and of grapes. It is a positive commandment to disown the fruits of the
seventh year, as it says (Exod. 23:11), “But in the seventh year you shall
let it rest and lie fallow.” This is a positive commandment, as they said
in the Mechilta (Mechilta of R. Shimon bar Yochai on that verse), “The
vineyard is specifically mentioned as a positive commandment [in v. 11
after the general term and you shall let it rest at the beginning of the
verse], and it is also specifically mentioned in the prohibition [not to
harvest grapes in the sabbatical year, see Lev. 25:5, although we do not
have there a general prohibition against harvesting all kinds of produce.
But the fact that grapes have both a positive and negative command-
ment, so all produce has that feature.] So it is evident [from the language
of the foregoing Mechilta] that just as there is a prohibition against till-
ing the soil [and harvesting it], so there is a positive commandment to
disown the produce, that the poor may come and eat them, as it says
(Exod. 23:11), “That the poor of your people may eat.” [The above trans-
lation follows the text of the Zohar Harakia, which I found confusing in
its brevity. The same quote from the Mechilta is explained in some detail
in Maimonides’s Positive Commandments No. 134.]
Nachmanides added another commandment here, namely, eating
the fruits of the sabbatical year, since it says (Lev. 25:6), “The sabbati-
cal growth of the earth shall be for your food,” and they interpreted as
implying that it is for food but not for business. For they said in the last
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37. And release debts, and the forgotten [sheaf], and edges [of
the field];
On trees and in fields, and immature [grapes] without harvest-
ing.
And dropped [grapes] from harvest, and dropped [fruit]
from harvest;
Leave them without aggravating the unfortunate poor.
43 The simple meaning of this verse is addressed to the Sabbath day rather than the seventh year.
It is thus curious why Duran, as well as Maimonides, cites this verse primarily. The question is
discussed in Heller’s edition of Maimonides’s Book of Commandments, positive commandment
no. 135, and in Ziv Hazohar on the Zohar Harakia.
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44 See note in Yad Halevi, pos. comm. 124, which asks why leket and peret are not considered a single
commandment.
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from a gentile [whose debt is not cancelled by the sabbatical year], be-
cause of what is said in the Sifre (Re’eh 130) that the verse (Deut. 15:3)
“You may/shall exact payment from the gentile” is a positive command-
ment. Nachmanides disagreed, [saying] that this verse only means to
prohibit collecting debts from one’s fellow Jew, emphasizing it by the
implication from this positive statement, as well as by the explicit pro-
hibition. The meaning of the verse is “you may exact payment from a
gentile,” but not from your brother. It is called a negative command-
ment implied by a positive statement.
Similarly, Maimonides wrote (Positive Commandment No. 198) that
it is a positive commandment to take interest from a loan to a gentile,
since it says in the Sifre (Tetze 129) that “from a gentile you may/shall
take interest (Deut. 23:21)” expresses a positive commandment. But
it [actually] only means to forbid [taking interest] from an Israelite
through a prohibition implied by a positive statement, as well as an
explicit prohibition, so that one who lends to an Israelite with interest
is transgressing both a positive and a negative statement. This is seen
from what is said in Bava Metzia (70b): “The meaning of lanachri tashich
(Deut. 23:21) must be that you may lend with interest [to a gentile].”
“Not necessarily,” it continues. “It may mean that you can borrow from
him with interest [because of the causative form of tashich].” The Gemara
objects, “Is it not self-evident without this [i.e., that this is permis-
sible]?” The meaning is that if Scripture were permitting lending with
interest, this would be new information that Scripture permits inter-
est of a gentile, similar to permitting [keeping] his lost article, and one
would not need to construe lanachri tashich as a commandment. But if
the verse comes to permit borrowing from him, it would be unnecessary
for Scripture to permit giving interest to the gentile. Thus, what purpose
would this verse have, since it would be impossible to think of it as being
a commandment? This is the meaning of “Is it not self-evident without
this?” They answered [finally] that [the positive permissive statement
implies] that your brother is excluded, and it is not permissible, so that
this transgression involves both a positive and a negative expression.
This is how the matter concludes.
Now, I found a proof there for Nachmanides that the commandment
lanachri tashich is not an actual positive commandment, from what is
stated in Sanhedrin (25b), concerning the penitence, which is appropri-
ate for one who has lent with interest, which is that he should not even
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— 123 —
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Contributions (nedavot) are when one says, “Here, this thing [is
given for charity],” while vows (nedarim) are when one says, “I am
obligated [to give such and such].” In Maimonides’s view, this com-
mandment encompasses both vows for holy purposes (nidrei gavo’ah)
and elective vows, which the sages call nidrei bittui. But Nachmanides
considered them as two enumerable commandments, since they differ
in content; since for nidrei gavo’ah one does not have to mention that
this is a vow, but simply says, “This animal is for sacrifice” or “This article
is for temple maintenance” or “This amount of money is for the poor.”
For such a commitment, the admonition, “You must fulfill and perform
what has come out from your lips,” applies. But for elective vows, one
needs to mention that this is a vow or some phrase indicating that [for it
to be fully binding]. Another distinction between them is that for nidrei
gavo’ah, one transgresses “Do not delay” (Deut. 23:22); while in the case
of nidrei bittui, this transgression does not apply. So it states in Bava
Kamma (80a) that if one vowed to buy a house or to marry a woman
in the land of Israel, he is not required to do so immediately, only after
he can find one suitable for him; but the commandment (Num. 30:3)
“He shall do all that came from his mouth” applies to nidrei bittui.
Consequently, Nachmanides (on Positive Commandment 94) counts
them as two. There is some difficulty [with this view], since both of them
are alike with regard to the prohibition (Num. 30:3) “He shall not break
his word.” From this, we might infer that, since this prohibition applies
to both types, so should the positive commandment be counted as a
single topic [combining both nidrei gavo’ah and nidrei bittui]. But we have
already found the reverse of this, where many prohibitions correspond
to a single positive commandment, i.e., the commandment to restore
(Lev. 5:23) corresponds to several prohibitions, such as something
robbed and something obtained by oppression, as I explained in the
principles (No. 9).
Now there is another commandment to be listed along with fulfill-
ment of nidrei gavo’ah, which is to bring them to the temple by the first
festival, which occurs thereafter. Even though one does not become
guilty of “Do not delay” until three festivals have passed, there is a posi-
tive commandment to offer it on the first festival. In the Sifre (Re’eh 11),
they said that the verse (Deut. 12:5–6) “You shall come there, and you
shall bring” is stated in order to make this an obligation. And it is said
in Tractate Rosh Hashanah (6a) that Rabba said that when one festival
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45 The text in our Talmud differs significantly from that quoted here.
46 It is not clear to me how the conclusion is drawn that other sacrifices are also covered by an explicit
negative expression.
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39. Rejoice and say “he’ach,” when you give life to your brother;
And what remains in the fireplace should be cast in the fire.
The Gaon listed this [sustaining your brother] from the verse (Lev.
25:36) “That your brother may live with you.” But Maimonides consid-
ered this as included in giving charity. Nachmanides agrees with the
Gaon, explaining that this verse means to save one’s brother from an
accident, that if he is drowning in a river, or a pile fell down on him,
one must save him; and if he becomes sick, one should heal him. This is
the commandment of saving a life, which overrides the Sabbath, and it
includes the ger toshav [resident alien abiding by the Noachide laws]. For
it says (Lev. 25:35), “When your brother becomes poor, and his means
fail with you, you shall uphold him, as a stranger or a sojourner, he shall
live with you.” They stated in the Talmud (Pesachim 21b) that you are
commanded to sustain a ger, but not a gentile [who is not a ger toshav].
Nachmanides adds on a separate commandment (Additional Positive
Commandment No. 17) to return interest, if he had sinfully taken it.
Just as the commandment of returning stolen goods is enumerated
(Maimonides’s Positive Commandment No. 194), so is the command-
ment of returning interest. This they derive (Bava Metzia 62a) from the
verse (Lev. 25:36) “Take from him no interest or increase, but fear your
God, that your brother may live with you,” implying that you return the
interest so that he may live with you. From this, they proclaimed that
the court forces the return of actually stipulated interest. The poet said
that one should accept the commandment of saving the life of one’s
brother happily, as the Torah ordered about this (Deut. 15:10), “Have
no regrets when you give to him.” And say “he’ach” is an expression
of happiness, as in (Ezek. 36:21) “Because the enemy has said against
you he’ach.” We only find it [the word he’ach] as [rejoicing for] revenge,
but the poet was not particular about this. But we find (Isa. 44:16) “he
also warms himself and says ‘he’ach,’” and the poet has justification from
here [that he’ach is not necessarily a sound of joyful revenge].
What remains on the fireplace should be cast on the fire, which
means that what remains should be thrown into the flames in the fire-
place. The word ach means the oven in which the fire is kindled, taken
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from the verse that says (Jer. 36:33) “in the fire that was in the ach”
and (ibid., v. 22) “the ach was burning before him.” The commandment
enumerated is to burn in fire what was left over from a sacrifice. In the
Mechilta (our standard Mechilta does not have this, but it is found in
the Yalkut, Remez 199, and in Mechilta of Rabbi Shimon bar Yochai on
Exod. 12:10), they said that by “you shall not leave any of it over” and
“whatever is left over until morning you shall burn with fire” (Exod.
12:10), Scripture means to express this as a positive as well as a negative
commandment. And in Tractate Pesachim (84a) and in Tractate Makkot
(4b), it is said that this law of not leaving it over is not subject to punish-
ment by whipping, since it can be rectified [by burning the remainder].
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— 128 —
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the present time [when there is no paschal lamb, in the absence of the
Temple] is only a rabbinic ordinance.” But concerning matzah, they said,
“Scripture has made this a duty,” as it is said (Exod. 12:18), “In the eve-
ning you shall eat matzot.” It is clear from this that eating the paschal
lamb is one commandment, eating matzah is a separate commandment,
while eating maror is just an adjunct to eating the paschal lamb, and [its
absence] does not invalidate eating it [the paschal lamb]. Likewise, they
said in the Mechilta (Bo 6:39), “Whence do you assert that if there is no
matzah and maror, one still performs one’s duty of eating the paschal
lamb? The Torah says (Exod. 12:8) ‘they shall eat it’ [singular, i.e., the
lamb itself]. You might have thought that just as without matzah and
maror one fulfills the duty of eating the paschal lamb, similarly, if there
is no paschal lamb, one fulfills [partially] the duty [of the paschal offer-
ing] with matzah and maror. [But this is negated by the] verse saying
‘they shall eat it’ [specifically the lamb].” Since [in absence] of eating the
paschal lamb, the eating of matzah and maror is invalid [as the paschal
offering]; while [in absence of] eating matzah and maror, the eating of
the paschal lamb is not invalidated [as the paschal offering], then the
commandment of eating the paschal lamb is the main thing, and mat-
zah and maror are auxiliary to it. And were it not for Scripture specifying
a requirement to eat matzah aside from eating the paschal lamb by say-
ing, “In the evening you shall eat matzot,” eating matzah would not have
been enumerated, as is the case with eating maror.
Nachmanides added here another commandment, that the paschal
lamb should be eaten [that night] not while it is daytime. He brings a
proof from Pesachim (41b) where they said that if one eats, while it is
still day, a piece of roasted lamb, which has the size of an olive, he trans-
gresses a positive commandment. This is on account of the verse (Exod.
12:8) “And they shall eat the meat on this night,” implying that it must
be done at night, and not by day. This is a prohibition derived from a
positive statement, which is considered a positive commandment.
In my humble opinion, I would add another commandment, to re-
frain from eating leaven all seven days of Passover. For thus did they
say in the Jerusalem Talmud (Pesachim 1:4), “The verse (Deut. 16:3)
‘Seven days you shall eat matzah with it’ implies that leaven must not
be eaten, and a prohibition based on a positive statement is considered
a positive commandment. Maimonides indeed quoted (in his Mishnah
commentary to Pesachim, chapter 1) this section of the Yerushalmi re-
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41. And the first and the seventh you must sanctify on the holi-
day of my salvation;
And the Shavuot convocation, with the first of the harvests.
I have already explained that every day among the holidays is ap-
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42. And the Memorial Day of blowing, and the Day of Atonement
for error;
And the Sukkah and the four choice plants.
Here he includes two other commandments of rest, on Rosh
Hashanah and Yom Kippur, and resting is already specified in each case
as a positive commandment. The meaning of to’ah is similar to ta’ut, i.e.,
unintentional errors. This is found in the verse (Isa. 32:6) “To speak
wrongly concerning God,” and in Nehemiah 4:2, “To cause confusion
therein.” There are included in here two other commandments, i.e., to
blow the shofar on Rosh Hashanah, and the second is to confess sins.
The expression in the Torah is (Lev. 26:40) “And they shall confess their
sins.” And the expression in the Mechilta (Sifre Zuta, Naso 5) is “From
where do you include other commandments [i.e., other than those ex-
pressly stated in the biblical verse]?” And there (in the Sifre) all [kinds
of] commandments are included, positive and negative, those that ap-
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ply in the land of Israel and those that apply outside it.
He lists dwelling in the Sukkah as a positive commandment, and he
lists taking the lulav as a separate commandment with its four species,
[which in the absence of any one] the other three are rendered invalid,
as I explained in the principles (No. 11).
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ment is a chalal.
Now, I wonder why they did not count this as specific commandment,
besides the commandment [of marrying] a virgin. For if he married a
virgin, he has fulfilled a commandment; and if he had intercourse with a
nonvirgin, he transgressed a positive commandment. This is analogous
to eating an olive’s bulk of roasted paschal lamb while it is yet day, about
which we wrote previously (v. 40) that even though eating at night and
eating during the day come out from the same verse [they are counted
as separate commandments]. Our present case is even more so, for the
commandment about the nonvirgin has its specific verse (Lev. 21:14),
“Only a virgin of his own people may he take to wife,” which implies not
marrying a nonvirgin.
Also, why did they not enumerate [marriage to] an Egyptian or
Edomite as positive commandments? (The verse Deut. 23:9) “The third
generation may be admitted into the congregation of the Lord” excludes
the first and second generations as a prohibition derived from a posi-
tive statement. Maimonides writes this at the beginning of his Laws of
Marriage (1:8), but he does not enumerate this commandment. In the
Gemara Yevamot (49a) and Kiddushin (68a) and chapter 3 of Ketubot
(30a), these commandments are equated with the prohibition of a high
priest marrying a nonvirgin. It is proper to count them as a single com-
mandment, although there is a specific prohibition for each case.*
And he shall lift his hand to bless the
*The meaning of the last
people, as it is said (Lev. 9:22), “And Aaron sentence is problematic. It
lifted up his hands toward the people and seems that the implication is
that there is a direct prohibition
blessed them.” They have already said (Sotah of marriage to an Egyptian or
38b) that any kohen who does not ascend the Edomite convert in the first
or second generation. In fact,
platform [to bless the people] transgresses
there is no such prohibition,
three positive commandments, but it is only and the only prohibition is
counted as a single commandment, as I men- that derived from the positive
statement above (Deut. 23:6)
tioned (Stanza 20). But one should also count permitting marriage to a
separately the prohibition for an Israelite third generation convert.
See comments in Perlow’s
[other than a kohen] to lift his hands [in the
comments on this section.
priestly blessing]. For they said in chapter 2
of Ketubot (24b) that lifting the hands by a non-kohen constitutes the
violation of a positive commandment and is analogous to one who eats
an olive’s bulk of roasted paschal meat while it is yet daytime, which
Nachmanides included in his enumeration.
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45. And he shall know the times to purify clothing and houses;
And he shall break [meal-offerings] into pieces, and he shall
bring sacrifices for burning.
The priest must know after which week clothing or a house [which
has been afflicted with tzora’at] becomes purified. But the commentator
on the Azharot did not explain it thus. These are to be enumerated as
two commandments, the one being cleanness or uncleanness of cloth-
ing, and the other being the cleanness or uncleanness of a house. But
Nachmanides does not count any form of uncleanness, as we will explain
his view [later]. Any of the details pertaining to these two command-
ments [clothing and house] would not be separately counted, for only
the entire thing is counted, as Maimonides explained in the seventh
principle.
Sut [the unfamiliar Hebrew term used by ibn Gabirol] means cloth-
ing, as in the verse (Gen. 49:11) “And his garment in the blood of
grapes.” Nachmanides added here a commandment not to have any
benefit from a garment defiled by the plague (of tzora’at). And they said
in the Sifra that the verse (Lev. 13:51) “A malignant tzora’at” means that
one should consider it malignant so that one would not have any benefit
from it. I might think that this applies only where the tzora’at is defi-
nitely established. How do we know that even suspected tzora’at under
observation is forbidden for use? It is from the additional verse (Lev.
13:52) “For it is a malignant tzora’at.” One who derives benefit from
this or from the stones of a plagued house transgresses this positive
statement. They said in the Yerushalmi (Orlah 3:3) that if the plagued
stones were made into plaster, they are forbidden, for the verse “a ma-
lignant tzora’at” means that you should consider it malignant and not
benefit from it. Nachmanides claims that the above prohibition is not
just included as part of the law of impurity of the house, but it is a law in
itself, in the same way that the law that a “leper” [with tzora’at] must sit
isolated, which Maimonides listed separately, is not just part of the law
of a person with tzora’at. Nachmanides said that this applies even more
convincingly in the above case [of afflicted clothing and houses].
And he shall break [meal-offerings] into pieces. The Gaon counted
pouring the oil, mixing, breaking, salting, bringing near, and waving [all
these are preparations of a meal offering], since these are command-
ments assigned to the sons of Aaron. As they said (Menachot 18b),
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— 135 —
———————————————— The Positive Commandments ————————————————
found in the Sifra (96:24): “The verse (Lev. 6:7) ‘This is the law of the
meal-offering’ indicates that all [voluntary] meal-offerings [whether
offered by priests or Israelites] have the same law, i.e., they require
preparation with oil and frankincense. Rabbi Akiva, however, [deriving
his teaching by logic rather than from the wording ‘This is the law of the
meal-offering’] said, ‘Since we find that Scripture does not distinguish
between the sin-offering of an Israelite and a sin-offering of kohanim,
in that one does not put in [oil and frankincense], similarly we should
not distinguish between a voluntary meal-offering of an Israelite and a
voluntary meal-offering of kohanim, that one does put in [these ingredi-
ents].’ Rabbi Hanina ben Yehuda objected [to Rabbi Akiva’s argument],
‘What kind of proof can one bring from not putting in, which is a pro-
hibition, to putting in, which is a positive commandment.’” This shows
that putting in the oil and frankincense is a positive commandment, in
agreement with the Gaon.
And he shall bring sacrifices for burning. This is one of the priestly
functions, i.e., bringing them near the southwestern horn of the altar
to the point of the horn. The poet neglected to include the command-
ment of offering the two daily offerings. Maimonides reckoned this as
a single commandment, while Nachmanides counts this as two com-
mandments, the morning offering as one and the evening offering as
another. Likewise, he counts reciting the shema as two commandments,
as I have written (principle 13).
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— 137 —
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ties [i.e., Levites are either singers or gatekeepers, etc.]. And the third is
that they should sell their particular weeks of service to each other. But
when he [Nachmanides] enumerates them, he agrees with Maimonides
that it is a single commandment.
The poet has neglected several enumerable commandments, which
are connected with the kohanim. One is to light the fire on the altar, as
it is said (Lev. 6:6), “Fire should always be burning on the altar”; and in
explaining this, they said (Yoma 21b) that even though the fire comes
down from the sky, it is still a commandment to bring ordinary fire.
The second commandment is to remove the ashes each day from the
altar, as it is said (Lev. 6:3), “The priest shall dress in linen raiment . . .
and he shall take up the ashes.” The third is carrying the ark on the
shoulder, as it is said (Num. 7:9), “For theirs is the service of the sacred
objects, they shall carry by shoulder.” Now Maimonides thought that
this commandment was given to the Levites in the wilderness, since the
kohanim were few in number, but in future generations applied only to
kohanim. But Nachmanides wrote that this commandment applies to all
descendants of Kehath, either Kehathite Levites or kohanim, for they
are all descendants of Kehath [Aaron being a grandson of Kehath], and
he brought many proofs for his words. I discuss this at length among
the negative commandments (Stanza 115). The fourth commandment
is guarding the temple, as it is said (Num. 18:4), “And they shall keep
the charge of the tent of meeting.” Now in the Mechilta [actually in the
Sifre Zuta, end of Korach], they said, “One can see [from the above verse
only] a positive commandment, but whence do we see a prohibition?”
It is from the word v’nishmartem (v. 5), [which often has the force of a
prohibition]. The fifth one is that the tribe of Levi should perform the
tasks specifically assigned to them concerning gatekeeping and singing,
as it is said (Num. 18:18), “And the Levites shall serve.” They stated in
the Sifre (Korach 52), “One might have thought that if he wants to, he
may serve, and if he did not want, he does not have to serve. Therefore,
it says ‘The Levite shall serve.’” All of the above are commandments
that Maimonides enumerated. Now, I have, in my opinion, come upon a
commandment, which the earlier scholars did not mention. This is that
the kohanim in the time of their service must be complete in their good
looks, and they should have nothing in their physical form which is not
the usual way of the formation of a person. This is stated in Bechorot
(43a): “The verse (Lev. 21:21) ‘Any man from the seed of Aaron who has
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48. And he shall dress for his work in priestly robes, and when
going
— 139 —
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— 140 —
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47 Perlow in his gloss on the Zohar Harakia denies this assumption, quoting the Mishneh Lamelech
on Mishneh Torah, Hilchot Klei Hamikdash 8:3.
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49. And the forming of the Sanctuary, and the arrayed bread,
And the oil prepared, for anointing and light.
The rabbis have stated (Sanhedrin 20b) that Israel were enjoined
to perform three commandments when they would enter the land of
Israel, one of these being to build the temple. This is said in the verse
(Exod. 25:8) “They shall make Me a sanctuary.” Maimonides thinks that
the appurtenances of the temple should not be counted as independent
commandments, because they are parts of the temple. Now, Ravad in
his critique (on the enumeration of the positive commandments, No.
20) counts making the altar as a separate positive commandment,
whereas Maimonides considers it as part of the temple, like the ark and
other appurtenances that are not to be counted since they are parts of
a [single] commandment. But in his treatise (Hilchot Bet Hab’chirah
1:15), he wrote that if one built a defective altar, he transgresses a posi-
tive commandment, although he does not include it in his enumeration.
However, Nachmanides (Positive Commandment 33) considers that
this [reasoning of Maimonides] is irrelevant, since the [absence of] ap-
purtenances of the temple do not preclude its use, and the sacrifices can
be offered in the temple even if the appurtenances are absent. But the
reason for not counting this [not counting the appurtenances] is that
they [the appurtenances] are preliminary to another commandment,
the table to arrange the showbread on it, and the candelabrum to kindle
the lights. With this reasoning, Nachmanides does introduce into the
enumeration [the commandment of making the ark and its cover to
place therein the tablets of testimony]. This is considered a permanent
commandment [Maimonides’s principle 3 counts only commandments
that apply forever] even though they never made another one, since it is
incumbent on us forever; and if the [original] ark were broken, we would
have to make another one like it to place the tablets of testimony in it.
Now in the second temple, where there was no ark, it is not because the
commandment was absent that they did not make one, but because it
had been hidden (Yoma 53b), and it will be discovered in the days of the
Messiah, may it be soon in our times.
Nachmanides [Maimonides according to note 804 in Ziv Hazohar]
likewise counted carrying the ark on the shoulders [that is, in the future
times the ark will have to be carried to its proper place in the temple]. I
have found a proof that making an ark is a commandment for all genera-
tions in Menachot, chapter 3 (28b) where they said in disbelief, “But
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then you would have to hold that the verse (Deut. 10:11) ‘And you shall
make for you a wooden ark’ means only for you and excludes future
generations.” Just as the prohibition of not removing the staves from
the ark has been enumerated (No. 86 of Maimonides’s prohibitions), so
should we include making the ark in the enumeration.
And the arrayed bread. It is a positive commandment to set out
on the table the showbread, as it is said (Exod. 25:30), “And you shall
set the show-bread on the table to be before Me always.” It is because
they consist of two rows, six loaves per row, that he says “the arrayed
(ha’nitchan) bread, from the verse (Exod. 5:18) “You shall produce your
measure of bricks (ha’nitchan derived from tochen, i.e., measure).”
The oil prepared for anointing and light. It is a positive command-
ment to make oil with which to anoint the king and high priest [and
the tabernacle] and its appurtenances, as it is said (Exod. 30:25), “And
you shall make it a holy anointing oil.” And whatever is in the Torah
about preparing the bread and preparing the oil is all part of that com-
mandment, as Maimonides explained in the tenth principle; but what is
included as a commandment is to set out the loaves and to anoint with
the oil. We are not to make any other oil than what Moses made and
which Josiah hid away. So during the second temple period, the priests
were not anointed. This commandment is still considered effective for
all generations, since as long as the oil exists, it is incumbent upon us
to anoint high priests, and we trust in His exalted name that it will be
revealed to us in the days of the Messiah.
And what he said, “And the oil prepared,” means that there was much
expertness involved in it, as mentioned in Keritot (5a) and Horayot
(11b).
And what he said, “And light,” does not mean that the substance of
this commandment is to make oil for lighting, but commandment enu-
merated here is kindling the light of the Menorah, as it is said (Exod.
27:21), “Aaron and his sons shall set it in order.” The oil for lighting is
not of the same kind used for anointing oil, since it had no spices in it,
but was pure. The meaning of “for anointing” (l’moshcha) is connoting
aggrandizing, as in (Num. 18:8), “To you I have given them as a special
portion (l’moshchah).” Also, (Ps. 105:15) “Do not touch my anointed
ones” [indicates that the Hebrew root of l’moshcha means excellent or
chosen rather than smeared with oil], since our forefathers were not
consecrated with oil. And it is a commandment to aggrandize kohanim
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[kohanim to enter, i.e., only those who never had the privilege before]
for the incense, since it brings wealth. For it says (Deut. 33:10), “They
will place incense in Your nostril,” and directly thereafter, “Bless, O Lord
his substance.” That is why it is customary to read the Baraita of Pitum
Hak’toret after Shabbat, just after the section V’yiten L’cha.
And the rows of six is a part of the arrangement of the showbread
and is not to be counted, and this is what was previously written (Stanza
49) as “and the arrayed bread.”
And the two loaves are those two loaves that are a commandment to
bring on the day of the first fruits, and they are unleavened, as it is writ-
ten (Lev. 23:7), “And you shall bring from your settlements two loaves of
bread as a wave-offering,” and the sacrifice is part of the bread offering
and is not separately counted.
Shimon the son of Rabbi Zemach says the following. The Gaon,
author of Halachot, Rabbi Shimon Kayyara, included in his enumera-
tion of commandments that of inaugurating the altar. But Maimonides
criticized him in his work, as he considered this as a onetime command-
ment, not one applying throughout all generations, in accord with the
established principle that such things should not be enumerated. Now,
Nachmanides does not differ with him about this principle, yet he de-
fends the Gaon, saying that dedication of the altar does apply through
all generations. For it is written in Parshah Tetzaveh (Exod. 29:38),
“Now, this is what you shall offer upon the altar,” which is the command-
ment of inauguration; and regarding this, we learned in the Mishnah
(Menachot 4:4) that we may only inaugurate the altar with the morning
daily offering. The above is what Nachmanides said.
But in my humble opinion, I think that this was not the intention of
the Gaon, for this inauguration, which we find in chapter “Hat’chelet”
(i.e., Menachot 4:4 above) would not be included in the enumeration
of the commandments. It just concerns the continual offerings, which
are a duty every day, at a time when a new altar is being built, and they
are about to commence offering them, as they did in the wilderness ac-
cording to the divine command, as it is written (Exod. 29:38), “Now this
is what you shall offer upon the altar,” and such a commencement is
called “inauguration” (chinuch). Likewise is it when a new golden altar
or table or candelabrum is made and is to be used [for the first time]
for the commandment requiring it, such a commandment is called “chi-
nuch.” For such occasions, we learn (Menachot 4:4) that one inaugurates
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the golden altar only with the twilight incense offering, and the altar
of burnt offerings only with the morning continual offerings, and the
table only with the showbread on the Sabbath, and the candelabrum
only with lighting its seven lamps at twilight. Now this verse is in the
portion beginning with (v. 38) “Now this is what you shall offer upon
the altar,” which is in the Sedra Tetzaveh; and this section, which is the
section dealing with the inauguration, is not an additional command-
ment, for it is specified as “continual” (v. 58), and it is identical with
the section on continual offerings in Sedra Pinchas. It is thus taught in
the Sifre (Pinchas 29:4): “Since it is said regarding the inaugural of the
altar (Exod. 28:38), ‘Now this is what you shall offer,’ I might think that
there are four offerings on that day. But since I read (Num. 28:4) ‘One
lamb you shall offer in the morning and the second lamb, etc.,’ it shows
that two were to be offered, not four.” Therefore, the inauguration of the
altar has no additional content that would be fitting for its enumeration
among the commandments.
Furthermore, Nachmanides defended the Gaon by saying that it
is plausible that when the Tabernacle would be erected; and when the
temple would be built, they would always have to have an inauguration.
The donation of the princes (Num. 7:20ff) was a teaching for that partic-
ular time [not for the future as well] and the particular amounts [of the
gifts] were what they [the princes] thought fitting, but the inauguration
[in its general scope] was a commandment. Thus did Solomon make an
inauguration (1 Kings 8:63), and so did the men of the Great Assembly
(Ezra 3:1), and furthermore, it will be so in the days of the Messiah. As
they said (Menachot 45a), “They offered inaugural sacrifices (milu’im)
in the days of Ezra just as they offered them in the days of Moses.” It
is made plausible by what He said, exalted be He (Lev. 7:37), “This is
the law of the burnt-offering, the meal-offering, the sin-offering, the
guilt-offering, the inaugural-offering, and the peace-offering which God
commanded Moses, etc.,” [which implies] that the inaugural offering
should be counted as permanent sacrifices and were enacted as a law.
This is the end of Nachmanides’s words.
But this [the argument of Nachmanides presented above] does not
seem reasonable to me at all, since we have no indication in Scripture
that they must dedicate the temple with extra sacrifices, as they did in
the days of Moses. For if there was a permanent commandment to in-
augurate it, as they did in the days of Moses, why did not Solomon and
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the men of the Great Assembly do it in the same amounts? Why should
they have made a distinction between one inauguration and the other?
Also, it seems from the Talmud that the inauguration was not for all
generations in any way, neither in those amounts nor in other amounts.
For they discuss in the first chapter of Hagigah (6a) the saying of the
School of Hillel that the [minimum value of the] festival offering is a
silver ma’ah, and that the [minimum value of the] appearance sacrifice
is two silver ma’ahs. They derive this [that the value of the appearance
sacrifice, a burnt offering, exceeds that of the festival offering, which
is a peace offering] from the [offerings of the] princes, where Scripture
specifies more peace offerings than burnt offerings (Num. 7:15, 17).
But the School of Shammai [in whose view the relative minimal values
are reversed] did not want to model after the [princes’ offerings] for
inauguration. And they stated there that the reason why the School
of Shammai did not agree with the School of Hillel is that one should
derive laws that apply to all generations by analogy to other laws that
apply to all generations, and one should not derive laws applicable to all
generations from those that do not apply to all generations. This expres-
sion proves that the inaugural offering of the princes does not apply
to future generations, neither in the same amounts nor in different
amounts. For they did not say that one cannot derive amounts pertain-
ing to all generations from an amount not pertaining to all generations,
but from a law [actually davar, a thing] that does not apply to all genera-
tions. This shows that there is no commandment here.
For even if you would say that the [basic] law is applicable, though
not the amounts, nonetheless, in whatever way the amounts differ, it
would have to be that the peace offerings should exceed the burnt of-
ferings, as it was in the time of Moses. Thus, the School of Shammai
would have to derive from there [the law quoted in Hagigah 6a], for the
peace offering exceeding the burnt offering would be applicable forever.
Furthermore, [if the basic law is forever applicable], it would have to
have the same character, consisting of burnt offerings, peace offerings,
sin offerings, incense, and meal offerings. But in fact, this is not so. For
in the time of Ezra, there were burnt offerings and sin offerings, but no
peace offerings, for thus it is written (Ezra 6:17), “And they offered for
the dedication of this House of God a hundred bullocks, two hundred
rams, four hundred lambs, and twelve he-goats for a sin-offering for all
of Israel.” Certainly, all these [bullocks, lambs, and rams] were burnt of-
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ferings, for we have found that those who came back from the exile [i.e.,
the later returnees who came back with Ezra] offered burnt offerings,
and not peace offerings, as it is written (Ezra 8:35), “Twelve bullocks
for all Israel, ninety six rams, seventy seven lambs, twelve he-goats for a
sin-offering; all this was a burnt-offering unto the Lord”
[While the inaugural offering in Ezra’s time was dissimilar to that in
Moses’s time because it did not include peace offerings, the inaugural
offering for Solomon’s temple was dissimilar in another respect, as fol-
lows.] For Solomon offered peace offerings and burnt offerings, but he
did not offer sin offerings. [Indeed Solomon did follow Moses’s model
in that the number of] the peace offerings exceeded that of the burnt
offerings, for it is written (1 Kings 8:63), “And Solomon offered for the
sacrifice of peace-offerings which he offered unto the Lord twenty two
thousand oxen and twenty thousand sheep; and they dedicated the
house of the Lord” Now there is no mention of burnt offerings or sin
offerings, but there must have been some burnt offerings there. For it
is written (ibid., v. 64), “On the same day the king hallowed the middle
of the court that was before the house of the Lord, for there he offered
the burnt-offering and the meal-offering, and the fat of the peace-offer-
ings.” But Scripture does not mention the number of burnt offerings,
apparently because their number was small compared with the peace
offerings. If not for that, Scripture would have mentioned [the amount],
for Scripture seemingly wanted to inform us of the abundance of sacri-
fices that Solomon offered, and since the amount of burnt offering is
not mentioned, it must have been minimal. Furthermore, in another
place, it is written (ibid., 3:4), “A thousand burnt-offerings did Solomon
offer up on that altar” [thus indicating that Solomon customarily made
burnt offerings].
Also, in both cases, in the inauguration of Solomon and in that of
Ezra, there was no incense in the outside altar, as was the case in the in-
augural of the princes. So if the inaugural procedure was valid for future
generations, although not in the same amounts, they should then have
offered everything that was offered in the days of Moses either in the
same quantity or another comparable quantity. But they have already
stated in chapter “Hat’chelet” (Menachot 50b) that incense is never of-
fered on the outer altar either for an individual or for the community,
and the incense brought by the princes was an exceptional ordinance
for that particular time. And in chapter “Eizehu M’koman” (Zevachim
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Also, the burnt offerings were not of the nature of that obligation [of
the princes’ inaugural], since this is evident from its context [i.e., they
are part of the same inaugural gifts].
Another point is that we found that those who came from the exile
[under Ezra] offered burnt offerings and sin offerings, as I wrote previ-
ously, and this was no inaugural [since the inauguration of the second
temple happened much earlier], but a voluntary offering. Indeed, it was
like the earlier offering, which was also voluntary, the only difference
being that the first one was called “inaugural,” and the latter was not
called “inaugural.” So all of this works out well, except that we have to
straighten out what was the requirement for the sin offerings. And I
found in chapter 1 of Horayot (6a) that the sin offerings brought by
those who returned from captivity were on account of their idolatrous
worship in the days of Zedekiah. They discussed this at length there that
those who had thus sinned had already died out, and furthermore, their
sinning was intentional [and sin offerings only apply to unintentional
sins]. They concluded that this law was only for that particular time.
A similar discussion is in chapter “Yesh B’korb’not Tzibur, Temurah”
(15b), and they brought proof from the fact that the rams and lambs
must have been onetime instructions that we should also presume that
the he-goats were a onetime instruction to atone for all Israel for the
above-mentioned sin or something similar. But in any event, they were
not brought as a requirement to be like the he-goat of Nachshon [as an
inaugural offering]. For they state in the Gemara that the he-goat offered
*There are two key biblical words by Nachshon was an individual offering,
in the discussion of the inaugural whereas these others [in Ezra’s time] were
ceremonies. The one is “hanukah,”
which refers to celebratory
communal offerings, as I have stated. So it
offerings brought by the princes follows from all this that we do not have a
and which we have translated commandment of inaugural included in the
as “inauguration” or “inaugural
offering.” This has been the enumeration of commandments.*
main subject of discussion up to Now Nachmanides wrote that [there is
this point. Now, the discussion
will switch to another word,
a permanent commandment to bring spe-
“millu’im,” which refers to the cial offerings of initial consecration, which
initial procedures specified in were applied at the time of the first and
the Torah for sanctifying the
sanctuary and also for ordaining second temples and will apply] even at the
Aaron and the other kohanim for time of the Messiah [for the third temple]
their priestly service. We will in
the following translate millu’im as
in accord with the statement (Menachot
“consecration.” 45b) that they offered consecration offer-
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days with a bullock for a sin offering; while in the time of Ezra, there was
a bullock sin offering on the first day; whereas on the second day, there
was a goat sin offering, and also a bullock and ram as a burnt offering.
However, they did find difficulty with the verse (Ezek. 45:18–19) “In
the first month, on the first day you shall take a blemishless young bull-
ock and you shall purify . . . and the kohen shall take of the blood of the
sin-offering . . .” because we do not find a bullock sin offering among the
additional New Moon offerings. It is concerning this that they raised the
question, “Is this a sin-offering? It should be a burnt-offering [which is a
New Moon sacrifice].” Then Rav Ashi came and explained that this is not
intended as a New Moon offering but as a millu’im offering. This would
be identified with the calf offered on the eighth day of the millu’im (in
the time of Moses, Lev. 9:2), which was on the New Moon, as mentioned
in Sabbath, chapter “Rabbi Akiva” (87b). There they said, “That day [the
first of Nissan] took ten crowns [i.e., was marked by ten important
events].” As they then offered the calf of the herd as a sin offering, so did
they offer a bull as a sin offering in the days of Ezra. Rashi explained the
Gemara thus, and we must assume that Rav Ashi was referring to the
calf of the eighth day and not to the bull with which they were purifying
the altar in the time of Moses all seven days of the millu’im, since the
altar was already purified for seven days with a bull as a sin offering
on the first day, and with a goat as a sin offering and bull and ram for a
burnt offering for the next six days, as I mentioned before. As to what is
written later (Ezek. 45:20), “And so shall you do on the seventh day of
the month for every one that has erred or was ignorant; and you shall
make atonement for the Temple,” they have already explained it there
(Menachot 45a). They said [giving a completely different meaning to the
passage] that “seven” refers to a case where seven of the tribes commit a
sin on the basis of a wrong decision of the court) and that chodesh refers
[not to the new month but] to the new [and erroneous proclamation
of the court], even though the seven tribes do not constitute a major-
ity of the population. An example would be if they [the court] declared
that it was permissible to eat the forbidden animal fat. The phrase “for
every one that has erred or was in ignorance” is understood to imply
that the requirement of bringing for such an error of the court depends
on people actually committing the sin in error.
So Rav Ashi, who said that they offered millu’im in the days of Ezra,
did not mean that it was for purification of the altar as Nachmanides
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had said, for it had been previously purified. And thus we have no proof
from the Talmud that the dedication of the altar was a commandment
for all generations. In addition, I think that what Rav Ashi said that
they offered millu’im sacrifices in the days of Ezra, he did not mean that
there was a commandment to bring the millu’im as was done in the time
of Moses. For they brought in the Gemara (Sukkah 43a) that millu’im
should be excluded, since they do not apply to future generations. He
just wanted to say that they brought these millu’im because of a divine
revelation [at the time]. So did Maimonides write in Hilchot Ma’aseh
Hakorbanot (2:15), for the opinion of the sages is that everything done
on the eighth day of the millu’im was only for that occasion. For they
said in chapter “Kol Hamenachot” (Menachot 59a), concerning the meal
offering of the eighth day, that one does not derive a law regarding a
onetime commandment from a permanent commandment. In this com-
mandment, one could not maintain that this refers to the amount of
the sacrifice [being not comparable] but to the meal offering altogether.
The same applies to all the sacrifices that were required for that day, i.e.,
they were not meant to be required for future times. If they were in fact
offered in the days of Ezra, in accordance with Rav Ashi, then it was
on account of a specific revelation [at that time] and not as a require-
ment of the Torah. And in chapter “Eizehu M’koman” (Zevachim 56a),
concerning the verse (Lev. 8:31) “Boil the flesh at the door of the tent of
meeting,” [they stated that the proper place of eating sacrifices generally
cannot be derived from this instance of a millu’im offering, since] one-
time offerings are different. And in chapter “T’vul Yom” (Zevachim 101a)
regarding the New Moon goat offering that was burnt (Lev. 10:16), it is
likewise [that they say that this verse regarding a millu’im sacrifice deals
with a onetime offering and is not applicable to permanent offerings].
In fact, Rashi explains in his commentary on Ezekiel (43:10 and
43:18) that the millu’im offered in the time of Ezra is identical with
the bull with which the altar was purified in the time of Moses (Exod.
29:12). This bull was the same that was sacrificed in the time of Ezra on
the New Moon (Ezek. 45:18). However, it seems [to Duran] from the
simple reading of the verses that the altar had been purified for seven
days preceding the New Moon. But Rashi wrote that this bull mentioned
on the New Moon is the same as that mentioned in the section of “tell-
ing about the Temple” (Ezek. 43:10 ff). And that which is written, “On
the seventh day of the month” (Ezek. 45:20), Rashi explains as meaning
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fering. This shows that the sin offering of Nachshon and the millu’im
ram are alike, and [in both cases] the Talmud does not mention [the
objection] that the original instance of the offering was cited [which ac-
cording to the inference from Rashi would mean that it applied in the
future for a new resumption of the sacrificial service]. However this may
be resolved, it does not rectify the words of Halachot Gedolot at all, since
this (millu’im) ram is not a dedication for the altar [it is rather a dedica-
tion for the kohanim], and Nachmanides who is defending him [Halachot
Gedolot] did not alert himself to defend him [on this point].
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48 The problem presented by this citation and its relevance in our context is not evident, but it is
discussed in Perlow’s work on Sa’adya Gaon’s enumeration.
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val offering. Above (Stanza 28) two [the festival and rejoicing offerings]
are listed, and below (Stanza 55), the third one is listed, “To appear and
go up.”
52. To lead the omer, and the Sabbath lamp shall shine,
And the section of hakhel, and judges and officials.
The commandment of waving the omer sheaf is enumerated, and it is
mentioned in the verse (Lev. 2:14) “And if you bring a meal offering of
first fruits.” It is said in Menachot (72a) that harvesting the omer over-
rides the Sabbath, since it is a commandment. It is also written (Exod.
34:21), “At plowing and harvesting you shall cease from labor” [where
harvesting here refers to optional harvesting], since just as plowing is
an optional act, so harvesting [here] is optional, which excludes har-
vesting the omer, which is an obligation [and thus is not precluded by
Sabbath resting]. Nevertheless, we do not count separately harvesting
the omer as one commandment and waving it as another, as is known
from the principles (No. 10), for it is the final goal that is counted, not
the preparations leading to it.
To lead (l’nahel) means waving it, and this constitutes the command-
ment.
The Sabbath lamp shall shine is not to be enumerated according to
Maimonides, since it is a rabbinic law to make the house peaceful.
And the section of hakhel (assemble). It is a positive commandment
to assemble on the holiday of Sukkot following the shemitta [year of
release], as it is said (Deut. 31:12), “Gather the people.” And in the first
chapter of Kiddushin (34a), they said that, although hakhel is a time-
dependent positive commandment, women are bound by it; so it is clear
that this is a commandment that is enumerated.
And judges and officials means appointing the Sanhedrin; this be-
ing a commandment applicable to all generations, as they said (Vayikra
Rabba 2:2) concerning the verse (Num. 11:16) “Gather for me seventy
men,” that whenever the word li (for Me or to Me) is used, it is a perma-
nent institution, as in Exodus (40:15), “They shall minister to Me, etc.”
It also is stated (Deut. 16:18), “You shall appoint judges and officials in
all your gates.” It is also a positive commandment to obey them, as it
says (Deut. 17:10), “And you shall act according to the decision that they
give you, etc.”
Now Maimonides included in his enumeration that one must follow
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the opinion of the majority, and he cites as proof their statement (Bava
Batra 23b) that majority rule is from the Torah. If Maimonides had not
said this, I would have said that this is one detail of the rules of judges
that comprise judging rightly, and the rightful thing is to follow the
majority decision. The fact that they say that the majority rule is from
the Torah is indeed so, but this does not mean that it must be separately
enumerated. For it is stated in the first chapter of Sukkah (6a) that the
laws of intervening objects, which prevent proper rinsing, are from the
Torah. It also says in chapter “Hamadir” (Ketubot 72a) that the prohibi-
tion against a woman leaving her hair unbound is from the Torah. Still
these laws are not enumerated.
And in Nazir, chapter “Sheloshah Minnin” (42a), in connection with
what is said that if a recovered “leper” would shave but neglect to shave
two hairs, his shaving is invalid, as it is said (Lev. 14:9), “All his hair,”
they stated that this implies that the majority being tantamount to the
entirety is a Torah law. This means that, since the Torah had to specify
“all his hair” in order to say that one must not neglect even two hairs, it
follows that if not for that [verse], we would have said that the majority
is equivalent to the entirety [according to Torah law]. Nevertheless, it
would not have been considered an enumerated commandment, even
though they said that it is a Torah law. Similarly, when they said that the
law of majority [opinion being decisive] is a Torah law, it does not imply
that it should be included among the enumerated commandments.
49 Considering Lev. 5:1 as equivalent to a positive commandment to give testimony is not obvious.
This difficulty is discussed by Radbaz on Mishneh Torah, Hilchot Edut 1:1.
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Lord” as applying to the two witnesses. They further say there (30b) that
a scholar is not required to testify while standing, even though [gener-
ally] it is a positive commandment to testify while standing, because
there is a positive commandment [to testify standing], and another
positive commandment [to honor a scholar], and the honor toward the
Torah takes precedence. [The phrasing in this last citation suggests that
testifying is a positive commandment].
Capital cases and monetary cases. He includes here both capital
and monetary matters, the word ma’aravot meaning monetary matters,
as in the verse (Ezek. 27:23) “With the multitude of your riches and your
merchandise (ma’aravecha).” There are herein a number of laws enumer-
ated as separate commandments. One must administer whipping to the
guilty person, as it is said (Deut. 25:2), “The magistrate shall have him
lie down and be given lashes in his presence.” One must put the guilty
person to death when required, and Maimonides considered this as
four separate commandments, stoning, burning, slaying by sword, and
strangulation. He cites a proof (fourteenth principle) from the terminol-
ogy in Sanhedrin (49b, 52a), “The commandment regarding those to be
executed by burning” and “the commandment regarding those to be ex-
ecuted by stoning.” But this is no proof, for they are just describing the
manner of performing the commandment, and this does not imply that
each is a separate commandment. Maimonides himself wrote (Positive
Commandment 171) that it is not right to separately count numbering
days [of the Omer] and counting the weeks, even though it is stated
(Menachot 66a) that it is a commandment to count the days, and it
is a commandment to count the weeks. And Maimonides said [about
that] that regarding any part of a commandment having many parts, it
is a commandment to perform that part [although it is not a separate
commandment]. So why does Maimonides not say the same thing here?
Nevertheless [although there is no proof to number the various death
penalties separately], it is proof to contradict the words of the Gaon,
who does not list this commandment [altogether].
Nachmanides also agrees to number them as a commandment [col-
lectively]. He cites as proof what is said in Yevamot (7a) that [one might
think that] execution should supersede [resting on] the Sabbath by
arguing from minor to major [i.e., execution by the court is a positive
commandment, which supersedes the prohibition requiring resting on
the Sabbath. The quotation from the Gemara given here is confused].
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who went outside his city of refuge. But according to this, it would not
constitute a commandment, since this case is disputed by Rabbi Yose
and Rabbi Akiva; Rabbi Yose saying that it is a commandment for the
blood-avenging kinsman [to kill the escapee] and permissible for any
other person, whereas Rabbi Akiva says that it is permissible for the
blood-avenging kinsman, and any other person [although not given
permission to kill the escapee] does not incur any punishment thereby;
and the law was decided according to Rabbi Akiva. And [in continua-
tion] Nachmanides wrote that this is how Maimonides reasoned [that
it involves the unintentional murderer who ventured outside his city
of refuge], and on account of this [and in agreement with Rabbi Akiva
who says that it is in no way a commandment to kill him], Maimonides
does not enumerate it. However, Nachmanides continues this assump-
tion is incorrect, for this verse, “the blood-avenging kinsman shall slay
the murderer,” actually applies to an intentional murderer, and the
argument of Rabbi Akiva and Rabbi Yose is about an unintentional mur-
derer. Therefore, what the rabbis derived from this verse is the law, and
there is no difference of opinion [and consequently it is appropriate to
consider this verse as a positive commandment, as Nachmanides said,
and this concludes the presentation of Nachmanides’s discussion in his
additional commandment No. 13].
But I would say [unlike Nachmanides] that Maimonides did not
include this commandment [not because he thought that our verse is
dealing with the case of an unintentional murderer, but] because it is
included in the commandment of those who are executed by the sword.
Also, according to Nachmanides’s opinion [who does not enumerate
a commandment for execution by sword], one should not introduce
this [the law of the blood-avenger] into the enumeration, since it also
is included in the commandment “and you shall remove the evil.” Now
Maimonides, in his Mishneh Torah, recorded this obligation [of the
blood avenger] in the beginning of Hilchot Rotze’ach (1:2), even though
he [Nachmanides] suspected him about this [i.e., he here theorized that
Maimonides held that this verse referred to an unintentional murderer],
while the [actual] reason why he does not enumerate it is [not because
there is no obligation, but] because it is included under the command-
ment of those to be executed by the sword, and the blood avenger is the
agent of the court in this case, just as are the witnesses in other capital
cases. And I am astounded by Nachmanides concerning this.
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Now, regarding the total number of ma’aravot, i.e., civil laws, I have
previously written (Stanza 15) that Nachmanides wrote (principle 14)
that it seemed right to him to include all of them in a single command-
ment, but I observed that he desired to count each particular part.
Maimonides listed them as follows: the first is to carry out the law of
an unpaid guardian; the second is the law of a paid guardian or renter;
the third is the law of the borrower, for the sages said that there are
four guardians, but three regulations [since the same regulation applies
to both the paid guardian and a renter]. The fourth law is about buying
and selling. The fifth law is about claims. And the sixth law is about
theft.
And the laws of the four main types of damage. These are
(Maimonides’s nos. 237, 238, 240, 241) four enumerated command-
ments: the case of the ox, the case of a pit, the case of a fire, and the case
of a crop-destroying beast. In the language of the Mishnah (Bava Kamma
1:1), “There are four main types of damage.” [Actually avot (main types)]
is masculine gender, but the poet treated it as feminine [by using the
feminine adjective arba], and this is not correct. But all these money-
related commandments, which add up to ten, in my view, are just one
commandment, which is to judge righteously, and the righteousness for
us is exactly what the Torah proclaims.
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tion of Rabbi Judah Hanasi]. He [Rabbi Judah Nesiah] lived in the time
of Abbaye and Rava, and when he saw that [the chain of] semicha was
becoming extinct, and on account of the extinction of the semichah the
holidays might become extinct, as indeed the laws of fines had become
extinct [since these laws were also dependent on ordained sages], he
instituted this calculation, which we utilize in the Diaspora until Elijah
will come, when we will return to our determination [of months and
leap years] by observation.
And the dues for the priesthood, which are twenty four. These
are listed in Chullin, chapter “Haz’ro’a” (133b) and in chapter “Hagozel
Etzim” (Bava Kamma 110b). Ten of these [are permitted to be eaten
only] in the temple; ten of them within all the land of Israel; and four
only within Jerusalem. The ten [edible] in the temple are the sin offer-
ing, the fowl sin offering, the guilt offering for definite sins, the guilt
offering for possibly wrongful acts, the communal peace offering, the
log of oil with the “leper’s” offering, the excess for the omer offering,
the two loaves [on Shavuot], the showbread, and the remainder of meal
offerings. The ten [edible] in the whole land of Israel are terumah, the
Kohen’s portion of the Levites’ tithe, the challah portion, the redemp-
tion money of the firstborn son, the [lamb used as redemption for] a
firstborn donkey, the first of the wool shearing, the shoulders, cheeks,
and stomach portions of sacrifices, the [unredeemed dedicated] field
of one’s holding [which after the Jubilee is distributed to the kohanim],
a field contributed as a herem, and the restitution for robbing a con-
vert [who died without heirs]. The four in Jerusalem are the firstborn
animals, the first fruits, the kohen’s portion from thank offerings, from
peace offerings, and from the ram of a “leper,” and the skin of holy
sacrifices.
Now Maimonides counts as a commandment to eat the leftover por-
tions of the meal offerings from the language of the Sifre (Tzav 30:9)
that the verse (Lev. 6:9) “And that which is left thereof shall Aaron
and his sons eat; it shall be eaten without leaven” constitutes a com-
mandment. [Maimonides explains further in Positive Commandment
88 that] a similar case is “her husband’s brother shall go in unto her”
(Deut. 25:5), which is a commandment; and as the levirate marriage is
a commandment, so should we include this eating in the enumeration.
He also counted (Positive Commandment No. 89) the commandment
for the kohen to eat the consecrated offerings. For they said in the Sifra
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(Shemini 54:4) that we derive that the [the kohen] eating consecrated
offerings provides atonement for the Israelite from the verse (Lev.
10:17) “And He has given it to you to bear the iniquity of the congrega-
tion, to make atonement.” “How is this?” [the Sifra asks, and it replies]
that when the kohanim have eaten, the owners [of the sacrifice] receive
atonement. They also said there (Sifrei Korach 14) that the verse (Num.
18:7) “I make your priesthood as a service of gift” implies that eating
consecrated offerings in the whole [land of] Israel should be similar
to the temple service in the sanctuary; just as one cleans one’s hands
before one performs the temple service in the sanctuary; so for eating
consecrated offerings in the whole of Israel, first one cleans one’s hands
and then he eats.50
Now, I have another commandment here, which is that when meat
from a sin offering is intermingled with ordinary meat or peace offering
meat [whose regulations are less restrictive], the latter is treated with
its greater sanctity [that of the sin offering]. I derive this from the say-
ing in chapter “Dam Chatat” (Zevachim 97b), which understands the
verse (Lev. 6:20) “Whatever touches its flesh shall be holy” as meaning
that it becomes like it [the sin offering meat], such that if it [the sin
offering] is invalid, it [the other intermingled meat] is also invalid. The
question is raised there as to why this is so [in a case where the mixed-in
meat is, say, from a peace offering, which in itself is valid, but the sin
offering is invalid, why does the mixing make the peace offering meat
invalid?], since the positive commandment [of eating the peace offer-
ing] should supersede the prohibition [against eating sacrificial meat].
The discussion concludes with Rav Ashi saying that the [prohibition
also involves] the positive commandment of “shall be holy” (Lev. 6:20),
and the positive commandment of [eating the peace offering] does not
override a positive commandment with a negative commandment [thus
showing that the expression “shall be holy” is construed as a positive
commandment]. So I wonder why they [previous scholars] did not take
note of this, and it needs investigation.
Now, Nachmanides added (Additional Commandment No. 2) re-
garding eating impure terumah, such that if one eats impure terumah,
he transgresses a positive commandment. He brings proof from what
is stated in Gemara, chapter “He’arel” (73b) that in the case of second
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tithe and first fruits, if one eats these when they are impure, he incurs
whipping; however, in the case of impure terumah, he is not whipped,
although this is prohibited. From where does it [this prohibition]
come? [The Gemara answers] that it is from the verse (Deut. 15:22) “In
your gates you shall eat it, etc.” [i.e., meat of a firstborn animal may be
eaten without regard to impurity, but this rule applies only] to it [i.e.,
firstborn meat] but not to another case [i.e., terumah]. And a prohibi-
tion derived from a positive statement has the force of a positive com-
mandment. Likewise, they brought this derivation in the Yeushalmi,
Tractate Bikkurim, chapter 2 (Halachah 2). Also, I found another proof
from what is stated in chapter “Kol Habasar” (Chullin 113b) that an
impure kohen who ate impure terumah does not incur the punishment
of [divinely ordained] death [as he would if he had eaten pure terumah].
They explain there the prohibition [of a kohen eating terumah] while his
body is impure is not applicable in addition to the prohibition of eating
terumah, which is itself impure, the prohibition being this positive com-
mandment (Deut. 15:22 mentioned above]; and thus did Rashi explain
[the Gemara] there.
It appears that eating pure terumah is a commandment, just as eat-
ing second tithe is. For it is taught in Torat Kohanim in the Parshah of
Acharei Mot (Sifra 72:3, which discusses the characteristics of various
classes of food that might affect the likelihood of their inclusion in the
prohibition of eating on Yom Kippur), “I would include ordinary food,
since there is not a commandment to eat it, but exclude terumah and
Second Tithe which we are commanded to eat.” This is quoted in the
Gemara in the last chapter of Yoma (74b). That is what I think. It is also
taught in the Sifrre [actually Yalkut Shimoni Korach 754] that it was
told about Rabbi Tarfon [who was a kohen] that when he ate terumah in
the morning, he would say, “I have offered the morning daily sacrifice”;
and when he ate it in the evening, he would say, “I have offered the
daily evening sacrifice.” And in Pesachim, chapter “Elu Devarim” (72b),
they ask where terumah is referred to as divine service. [They reply]
that it is taught that when Rabbi Tarfon once failed to come to the
house of study on the previous day, Rabban Gamliel asked him in the
morning why he had not come to the house of study. He replied, “I
was doing the temple service.” He said, “Your words are perplexing; is
there any temple service nowadays?” He [Rabbi Tarfon] then cited the
verse (Num. 18:7) “I give you the priesthood a service of gift, and an
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———————————————— The Positive Commandments ————————————————
you shall give unto the Lord a gift portion.”* *The following several
paragraphs continue
A similar case [continues Duran] is that of to paraphrase
terumah, as it is said in the Sifre in Sh’lach 24 [con- Nachmanides on
principle 12, with
cerning the verses], “You shall set aside a gift por- occasional insertions
tion (terumah) unto the Lord” (Num. 15:19), and by Duran.
“Of the first of your dough you shall set apart a cake
(challah) as a gift offering (terumah)” (ibid., v. 20). [The question is raised
whether in the first] verse “terumah” refers to the “great terumah” [which
is separated from the crops, and which is also known simply as terumah],
or does it refer to the terumah [gift portion] of challah. [The reply is that]
when Scripture says (v. 20), “You shall set apart a cake (challah) as a gift
offering,” the gift portion of challah has already been stated, and the
verse (19) “You shall separate a gift offering to the Lord” is used to refer
to the “great terumah.” This was the opinion of Rabbi Yoshiah. Rabbi
Yonatan said that the verse (Deut. 18:4) “The first of your grain, wine,
and oil (i.e., terumah) is a duty.” How does one know that it is a duty and
not just a permissive statement? It is from the verse, “You shall separate
a gift offering to the Lord,” which expresses duty, not permission.51
Since the setting aside of terumah constitutes a commandment, one
must recite a blessing upon its separation, as explained in Terumot (1:1)
and in the Tosefta Berachot (6:19). If the commandment was only in
the giving and not in its separation, there would be no blessing for the
separation, since they said (Menachot 42b) that one does not recite a
benediction for something whose performance does not constitute the
completion of that commandment. Also, kohanim separate terumah,
reciting a blessing for that, although it is for their own use, as stated
in the first chapter of Bechorot and in chapter “Yesh Bechor,” and so
did Rashi write there52. And in the case of impure challah, a blessing is
recited upon separating it, even though it is not given to the kohanim, as
is explained in the Gemara Bechorot (27a). So [in summary] the separa-
tion of terumah is a commandment, and giving it is another command-
ment from the verse (Deut. 18:4) “You shall give to him.” Likewise, the
51 The words attributed to Rabbi Yonatan are not readily understood, since the simple sense of
Deut. 18:4 is that this is definitely a duty. Also, there are textual variants of this quotation from
Sifre. In any event, Nachmanides sees from the Sifre that the setting aside of terumah is in itself a
commandment.
52 These references are not found in Nachmanides, but were added by Duran and are questionable;
see note by Perlow on Zohar Harakia.
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separation or challah is from the verse (Num. 15:19) “You shall set aside
a gift portion to the Lord,” and giving it is a [separate] commandment
from the verse (Num. 15:2) “Of the first of your dough you shall give
unto the Lord a gift portion.”
Likewise, in the case of first tithe, we should count setting it aside as
a commandment from the verse (Deut. 24:22) “You shall surely tithe,” as
I wrote previously (Stanza 34). And giving it [to the Levite] is [another]
commandment, i.e. (Deut. 26:12), “And you shall give it to the Levite,
the stranger, to the orphan, and the widow.” This [latter verse] includes
two commandments, giving first tithe to the Levite, and the poor tithe
[and/or second tithe] to the stranger, orphan, and widow; however, ac-
cording to what I wrote in the principles (No. 9), they are counted only
as one commandment, since they were stated in a single statement.
But for those priestly portions that do not render the produce forbid-
den, like tevel [before separation], only giving them should be counted.
Therefore, one should count the first wool shearing as one command-
ment, and the shoulders, cheeks, and stomach as another command-
ment. This is in accord with the straightforward meaning of the verse
(Deut. 18:3) “And he shall give the kohen the shoulder, the cheeks, and
the stomach” and (ibid., v. 4) “The first shearing of your sheep you shall
give to him.” One does not recite a blessing upon setting these things
apart. However, the priestly portions [of sacrifices] in the temple, like
the breast and shoulder, as I explained previously (Stanza 47), are not to
be counted [separately], since there is no commandment to give them;
but they [kohanim] have the right to these things “from the table on
high,” and they constitute parts of the performance of the sacrifices. For
it is commanded as to who should eat them and to whom they belong,
and upon this, the atonement [of the donors of the sacrifices] depends,
as it is said (Pesachim 59b) that as long as the kohanim have not eaten
the [sin offering] meat, the donor has not received atonement, as it is
written (Exod. 29:33), “And they shall eat those things by which atone-
ment was made.” Thus, these [portions] actually are [constituents of]
the sacrifice.
With this understanding, we enumerate additionally separation of the
challah portion, separation of terumah, separation of the first tithe and
also second tithe and also the poor tithe. All of the above Nachmanides
wrote. He did not, however, make it clear whether he would delete from
the enumeration the commandments of eating leftovers of meal offer-
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ings and eating sacrifices; and I have already written about this in the
stanza (No. 35, which begins) “My sacred portions.”
Nachmanides added another commandment (Additional Positive
Commandment No. 9) that we should separate terumah of good qual-
ity, not from poor quality, leaving behind the good quality; likewise for
Levites when they separate their terumah from their tithe produce. For
the Sifre states (Korach 67:29) that the verse (Num. 18:29) “Of all that
is given you, you shall set apart all that which is due unto the Lord, of all
the best thereof, that which is to be consecrated” applies to the “great
terumah” [i.e., regular terumah]. And the verse (ibid., v. 30) “And you
shall say to them: ‘When you set apart the best thereof from it’” is a
prohibition for the Levites that they should only set aside [the priestly
portion] from the best produce (Sifre Korach, 69). Nachmanides says
that this commandment is separate from the commandment of separa-
tion (of terumah), for if one sets apart bad (grain as terumah) for high
quality (remaining grain), the terumah is still valid, as stated in chapter
1 of Temurah (5a); but the person is guilty of neglecting this positive
commandment, in that he did not set aside high-quality grain. However,
with regard to the actual enumeration of the priestly portions, he agreed
with Maimonides’s enumeration, and I did not see that he mentioned
them [as separate commandments to set aside priestly portions, as well
as giving them to the kohen] among his addenda [to Maimonides’s] enu-
meration.
55. And to calculate [the supplements of] the cycles, and to light
the Chanukah lamp,
And to appear and go up with both tithes.
The Gaon counted computations of [astronomical] cycles as a com-
mandment, but Maimonides criticized him in his second principle. He
said that it was meant as a midrashic interpretation when they dis-
cussed (Sabbath 75a) the verse (Deut. 4:6) “For it is your wisdom and
understanding in the eyes of the nations.” [They asked as to] what is
the meaning of “wisdom in the eyes of the nations,” [and they replied
that] it is computation of [astronomical] cycles and planetary motions.
But this is not what the Gaon meant, for the rabbinic statement was
meant to urge those who know astronomy to make calculations in order
to be aware of coming events. This is similar to what they said (Sabbath
75a) that if one knows how to make the calculations about [astronomi-
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cal] cycles and planets, but does not do so, Scripture says of him, “They
do not look at the work of the Lord” (Isa. 5:12). Also, concerning this,
they said (Avot 3:23) that [astronomical] cycles and geometry are ancil-
lary wisdom. But the Gaon does not specify “[astronomical] cycles and
planetary motions” [he just says “cycles”], but he meant to include in
the enumeration of positive commandments the computation of cycles
regarding leap years. This is a commandment based on the verse (Deut.
16:1) “Observe the month of Abib.” It is a positive commandment, in ac-
cordance with the statement (Eruvin 96a) that “observe” (Heb. shamor)
is a positive commandment when used regarding a positive action.
Concerning this, it is stated in the Gemara Rosh Hashanah that when
one sees the Tevet period [of the solar year] extending to the sixteenth
of Nissan, it should be made into a leap year without hesitation. Now,
Maimonides included this [determination of the leap year] together
with the sanctification of the New Moon. But the Gaon made this into
two commandments [fixing the day of the New Moon and declaring a
leap year]. And Nachmanides found a proof that they are two separated
commandments from what is stated in Sifre (Ha’azinu 1) that the verse
(Deut. 32:1) “Listen, you heavens,” [means to bear witness against Israel
when] they do not obey those commandments, which are determined
by the heavens. And these are commandments given to them, which
are determined by the heavens: determining leap years and sanctifying
the New Moon, as it is said (Gen. 1:14) “And they shall be for signs and
seasons, etc.” [The Sifre continues] that the verse (Deut. 32:1) “And let
the earth hear,” [means to bear witness against Israel when] they do not
perform those commandments given to them, which are connected with
the earth. And these are the ones given to them that are connected with
the earth: the dropped sheaf, the forgotten sheaf, the edge of the field,
terumah portions, tithes, sabbatical years, and jubilee years. Therefore,
[on the basis of the Sifre citation] he counted them as two [command-
ments].
And to light the Chanukah lamp is a rabbinical commandment,
and I wrote above (first principle) about the argument about counting
them.
And to appear and go up. This is the third commandment, which we
were commanded for the pilgrim festivals, i.e., the burnt offering of ap-
pearing (olat re’iyah), the joyful offering, and the festival offering. These
were explained above (Stanza 28).
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With both tithes, i.e., second tithe and cattle tithe; and the com-
mandment is to eat them in Jerusalem. I have already recorded these
commandments (Stanza 34).
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1:2) that “you shall be holy” means “you shall be separated [from sin].”
But Nachmanides defended him [Halachot Gedolot] in that he did not
mean to enumerate “you shall be holy,” but the verse (Lev. 11:44) “and
you shall sanctify yourselves.” He explained that this latter verse is not a
generalized commandment, but a particular admonition to abstain from
eating swarming and crawling things, for it is written thus (ibid.), “You
shall sanctify yourselves and not defile yourselves with every swarming
thing that crawls on the earth.” According to this, one who keeps away
from eating them fulfills a particular commandment about them, and
that is the commandment of holiness. But in his actual enumeration,
Nachmanides agreed with Maimonides.
But I think that the Gaon meant to include washing one’s hands in
the enumeration of the commandments, similar to [his enumeration
of] reading the Megillah, and [lighting] the Chanukah lamp, since we
recite upon performing] them [the benediction] “who has sanctified us
with his commandments and commanded us.” Now Maimonides raised
an objection against him [the Gaon] as to why he did not also enumer-
ate washing the hands and the [law of eruv] for which we [also] recite
such a blessing. Nachmanides defended him in that, since he [the Gaon
in Halachot Gedolot] had enumerated the law forbidding eating terumah
while impure, he did not have to count washing the hands, which is a
preventive enactment attached to the law of terumah. And he gave the
same explanation for the law of eruv, that it is included in the law of
Sabbath, so that we should not come to [the prohibited action on the
Sabbath of] carrying things from one domain to another.
Concerning the law of eruv, it is possible that his words are plausible;
but in the case of washing hands, since this [the enactment of washing]
applies to regular food, while that [law forbidding eating in a state of im-
purity] applies to terumah, I [would rather] say that the verse “and you
shall sanctify yourselves,” which he wrote, refers to washing the hands.
For it is from here that the sages interpreted that the rule of washing
before eating is from “and you shall sanctify yourselves,” while the rule
of washing after meals is from “and you shall be holy (Lev. 11:44),” [as
stated] in chapter 8 of Berachot (53b). I wrote previously that there is a
commandment for kohanim to be holy, which can be counted, and per-
haps the Gaon had this in mind.
And to immerse those set apart [as impure] at specified times. When
the impure person immerses himself at the time specified for him, i.e.,
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57. And the resting of animals, and of male slaves and female
slaves;
And first fruits of the earth, and the recitation for first fruits.
And the resting of animals, and of male slaves and female
slaves; these are partial commandments included in “And the Sabbath
you shall keep,” which was already enumerated (Stanza 19).
And the first fruits of the earth is an enumerated positive com-
mandment, which is to bring first fruits to the temple, as it is said (Exod.
23:19), “The first fruits of your ground you shall bring to the house of
the Lord your God”
And the recitation for first fruits. It is a positive commandment
to tell the kindnesses that the Holy One, blessed is He, has done for us,
at the time of bringing the first fruits; as it is said (Deut. 26:5), “Then
you shall recite as follows before the Lord your God: ‘My father was a
wandering Aramean, etc.’” And one must investigate if we should count
separation of the first fruits as a commandment, just as we count separa-
tion of terumah, since Scripture terms it [i.e., first fruits] terumah, as it
is said (Deut. 12:17), “And the contribution (terumah) of your hands,”
[the Sifre explaining that ] this means the first fruits. Also it is like
terumah in that [if one wrongfully eats it], he incurs death [by the heav-
enly tribunal, if he sinned intentionally], or a surcharge of a fifth [when
replacing it, if he sinned unintentionally]. But it is possible that if he did
not separate the first fruits, the [other] fruit would not be forbidden,
and consequently we would not enumerate the separation. And it ap-
pears that one should recite a blessing upon separating them [the first
fruits]. As to [actually] giving them to the kohen, it is apparently not to
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be enumerated, for [the kohanim] have their rights [to the first fruit]
from the “divine table” [rather than from the owner], for they need to be
brought near [to the altar, hagashah].53 The correct [conclusion] is that
the separation should not also be enumerated, for there is no specific
verse regarding its separation or giving it.
53 The note of Zophnat Pane’ach here says that the latter argument is completely wrong.
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59. And the law of two ephahs, and also two measures,
And that which comes from your lips, and the redemption of
those who are sold.
The dual plural is used in ephotayim (ephahs) and middotayim (mea-
sures) to forbid either an oversize [measure] or an undersize [measure],
that one should only have a correct measure. I have already written
(Stanza 58) that all types of measures are included in a single command-
ment.
And that which comes out from your lips. I have written previ-
ously (Stanza 38) that Nachmanides made a separate commandment of
[fulfilling] ordinary vows, while Maimonides has included this together
with holy vows. I have written this above in the clause “And fulfill your
donations and vows lest you be caught.” Now even when there is no vow,
it seems to me that there is [another] positive commandment, which is
(Exod. 23:7) “Be far from false words.” Many rabbinic interpretations
were derived from this in Tractate Shevuot (30b) in chapter “Shevuot
Ha’edut” and also in the Mechilta (Mishpatim 20:210). So how can this
not be included in the enumeration of the commandments? In addition,
how can true speech not be a commandment for us, when it was taught
in Tractate Derech Eretz (chap. 6) and in chapter 2 of Ketubot (17a) that
the School of Shammai said to the School of Hillel, “According to your
opinion should [the attendees at a wedding] say even to a lame or blind
bride ‘Oh, comely and charming bride,’ when the Torah has said ‘Be far
from false words’?” Indeed I have found some of those who enumerated
the commandments have included this in the enumeration.
This commandment is repeated in the verse (Lev. 19:36) “an honest
hin,” since they said in chapter “Hazahav” (Bava Metzia 49a), the hin is
in the same category as ephah [and is redundant]. But [by vocalizing hen,
which means “yes” instead of hin, which is a measure, the meaning can
be taken as] your saying “yes” and “no” should be honest. And Abaye
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said that this means that one should not speak one way with his mouth
when his heart is otherwise. Now Rashi explains in Ketubot (86a) that
when it is stated in chapter “Get Pashut” (Bava Batra 174a) that paying
one’s debt is a commandment, it refers to this positive commandment
(i.e., Lev. 19:36). But [various scholars] have objected to this, saying that
this positive commandment was explained as implying that one should
not speak one way, while meaning otherwise in his heart. But the ex-
plicit positive statement regarding payment of a debt is the verse (Deut.
24:11) “The man to whom you made the loan shall bring the pledge out
to you,” which is a positive commandment. This is not merely an as-
machta, since, in the Gemara, it is equated to a Torah commandment.
This is what they stated in chapter “Hakotev” (Ketubot ibid.), “According
to you [Rav Papa], who said that payment of a debt is a commandment,
what happens if [the debtor] is unwilling to do his duty?” [Rav Papa
replied] “We have learned this (Arachin 22a) [where it says that punish-
ment with thirty-nine lashes] applies [to one who has transgressed] a
prohibition, but in the case of a positive commandment, e.g., a person
refusing to build a sukkah, or refusing to take a lulav, he is whipped [until
he agrees, or] until he expires.” So I am adding two commandments, “Be
far from false words” and “the man to whom you made the loan shall
bring the pledge out to you.” And the verse “an honest hin” is included
together with “Be far from false words.”
[Going back now to fulfilling vows], the law of the Nazirite vow is
included in fulfilling vows, but there is a specific commandment that the
poet forgot, which is letting the hair of his head grow. In the Mechilta,
it states that “leaving it grow untrimmed” (Num. 6:5) is a positive com-
mandment, and this is counted by Maimonides (Positive Commandment
92). There is another specific commandment here, which is that the
Nazirite must shave his head and bring his sacrifices when he completes
his Nazirite period. Maimonides wrote that bringing the sacrifices and
shaving are a single process, which is counted as a single commandment.
This is different from the case of a metzora (“leper”), where shaving is a
commandment, and bringing his sacrifice is a separate commandment.
He gives the reason (Positive Commandment 111) that the Nazirite
may not drink wine until he both shaves and brings his sacrifices, all of
which is a single procedure to allow him to drink wine [so it is a single
commandment]. But the metzora, as soon as he shaves, is considered
pure and will not defile anything, but he has not received atonement
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until he brings his offerings. Therefore, the shaving is one matter, and
bringing offerings is a separate matter; thus, they are enumerated as
two commandments. In fact, Maimonides decided that the shaving of a
Nazirite upon defiling himself (Num. 6:9) and his shaving in purity [at
the end of his undefiled Nazirite period] are only one commandment,
since shaving upon defilement is a detail of the Nazirite vow, and one
should not count parts of a commandment as a [separate] command-
ment. He [Maimonides] also counts the two shavings of a metzora as a
single commandment.
Nachmanides (Additional Commandment No. 6) added on another
commandment, which is to hallow the [shorn] hair of a Nazirite. Thus,
it is forbidden to derive benefit from it, as it is said (Num. 6:5), “It shall
remain consecrated, the hair of his head growing untrimmed,” i.e., [the
hair] which he grew is consecrated. He cites a proof that this prohibition
is a Torah law, in that one is forbidden even with the smallest amount,
as is mentioned in the last chapter of Avodah Zarah (74a); but rabbinic
enactments do not apply to such smallest amounts, except for those
relating to idolatry, as is mentioned in the first chapter of Betzah (3b).
Perhaps Maimonides thinks that this positive commandment is part of
the commandment to let the hair grow.
But it would be plausible to add here another commandment, i.e.,
that the Nazirite keep his body holy, being careful about that which is
forbidden to him. For so it is stated in the Sifre (Naso 107:8), that the
verse (Num. 6:8) “He is consecrated” refers to the holiness of his body.
It might have meant [only] the sanctity of his hair; but the sanctity of
his hair is [already] stated in (Num. 6:5) “it shall remain consecrated,”
so when Scripture stated (ibid., 6:8), “He is consecrated to the Lord,” it
must mean holiness of his body. I am surprised that [earlier authors] did
not take note of this positive commandment.
[Regarding the general topic here of keeping promises], Maimonides
(Positive Commandment No. 95) counted the law of annulment of vows.
But Nachmanides (in his criticism of Commandment No. 96) wrote that
this is just a part of the laws of vows, i.e., that we are commanded to
keep [the promise] coming from our mouths, and we should not des-
ecrate our words, except through [annulment by] the court, the father,
or the husband.
And redemption of those who were sold. A Hebrew slave or a
Hebrew maidservant may be freed by [redemption] at his reduced
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61. And a man should not rule [a slave] sold for his misdeed;
At the Jubilee year or death of the master he is set free.
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54 At this point, there is a slight omission in the Ziv Hazohar edition, which we correct in translation.
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63. And the law of the betrothed maidservant, and the mystery
of the heifer whose neck is broken;
And the paschal sacrifice which is a remedy for those who are
impure.
The verse (Lev. 19:21) concerning the betrothed maidservant is
considered a commandment only with regard to [one who violates her]
bringing a guilt offering. But this has already been included among
other sacrificial laws, so it should not be an enumerated commandment
separately from its mention among other guilt offerings, according
to Maimonides’s opinion. But I say that it counts as a separate com-
mandment, and I will write about this later (Stanza 66). Now the sages
explained [that this law is about] a gentile slave woman who has become
half free, but she is still half slave, and she is married to a Hebrew slave,
the latter being permitted to take a gentile slave woman. So if she had
not been redeemed to any extent [and a Jewish free man had a sexual
relation with her], she would only be [considered in the category of]
an unattached woman; this relationship would not be punishable by
bringing a sacrifice, [since this relation was only forbidden] on the basis
of (Deut. 23:18) “There shall not be a sodomite,” according to Onkelos
[who translates this verse as “a Jewish man should not take a gentile
slave”]. [On the other hand] if she had been totally redeemed [from
slavery and thus achieved the status of a Jewish convert], she would be
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actually a married woman [i.e., married to the Hebrew slave], and the
misdeed would be punishable by strangulation [if the relation with the
Jewish free person were intentional], and if unintentional [it would be
punishable by bringing] a sin offering. Now, [since the actual case here is
that of a woman who is] half slave and half free, and who was married to
a Hebrew slave, who is permitted to marry a gentile slave, she is thereby,
to some extent, like a married Jewish woman. The death penalty [for
adultery] would not be applicable, since she is not completely a Jewish
woman, but there is a need for [atoning by bringing] a guilt offering,
whether the act was done intentionally or not.
The mystery of the heifer whose neck is broken. It is a positive
commandment to break the heifer’s neck in a valley, as it is said (Deut.
21:4), “And there they shall break the neck.” There is no rationale for
this commandment that is known to us, so the sages have combined
it with the red heifer and the he-goat who is sent away (Lev. 16:10) as
[commandments] whose reasons are unknown; that is why it is termed
the mystery of the heifer whose neck is broken.
The paschal sacrifice which is a remedy for those who are impure.
This is the commandment of the second paschal offering for one
who was impure for the first paschal offering. Maimonides (Positive
Commandment 57) decided to count this as a separate commandment
and not to include it with the commandment of the first paschal offer-
ing. It would have been proper on the basis of his principle (No. 7) not to
count this separately, since it is one part of the laws of the first paschal
sacrifice, i.e., one is obligated to perform the first one if he is pure, and
if impure to make it up with the second. But Maimonides resolved this
by saying that it is debated in the Gemara Pesachim (93a) whether the
second paschal offering is a holiday in itself or is to be construed as a
completion of the first paschal offering. According to the opinion that
it is a holiday in its own right, it should be counted as a separate com-
mandment. Maimonides decided thus [i.e., a holiday in its own right],
since this is the opinion of rabbi [Judah the Prince], and the law follows
rabbi when he differs with a colleague.
But there is a problem with this decision, since in Pesachim, chap-
ter “Mi Shehayah Tameh” (93b), it is stated that if one unintentionally
missed the first paschal offering and consciously abstained from the
second one, he is guilty according to rabbi [Judah the Prince], and in-
nocent according to Rabbi Nathan and Rabbi Hanina ben Yaakov. This
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implies that the latter two hold that [the second Passover offering] is
not a holiday on its own. So the law does not follow Rabbi, since the
rule is that the law follows Rabbi when another colleague disagrees, but
not when [a number of] colleagues disagree. This objection was made by
Ravad (Hilchot Korban Pesach 5:2), and thus this [law of the second pas-
chal offering] should not be a separate commandment, since it should
be included with that of the first paschal offering.
I observe, however, that Nachmanides does not object to Maimonides
[on this matter] and relies on them [Maimonides and Halachot Gedolot]
for the enumeration [of this] among the commandments, and their
knowledge was more extensive than ours. It seems that there is a
Talmudic discussion that implies that it is a separate commandment.55
For it is stated in the first chapter of Chagigah (9a and 9b) that Rav
Papa asked, “[The statement of Rabbi Yochanan] is compatible with the
opinion that the second paschal offering is a completion of the first, but
what can be said [to make it compatible] with the opinion that it is a
separate holiday?” So Rav Papa, who was a late authority, was intent on
making Rabbi Yochanan’s words compatible with the opinion that it is a
separate holiday; so it seems that this is the accepted law, as mentioned
initially.
When it says “a remedy,” it seems to mean that this [second] paschal
offering makes it easier for a person [who is far from Jerusalem so that
he cannot return until evening, and thus could not be present for the
slaughter of the paschal lamb and the sprinkling of the blood]. If he
wishes to do the first paschal offering, he can still do it by designating an
agent [to act on his behalf]. However, the Torah is sensitive to his situ-
ation [and allows him to postpone it to the second paschal celebration].
And so is it stated in the Gemara. There are [actually] two command-
ments here, one the “doing” [slaughtering and sprinkling of blood] and
the other the commandment of eating [the paschal lamb].
55 In the Ziv Hazohar edition, there are a couple of lines missing. Our translation does, however,
include this material.
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apart [by impurity], at specified times.” And his mention here of “purifi-
cation of those who are ill,” i.e., menstrually unclean women, is one part
of the several parts of that whole group [impurities]. Such parts should
never be enumerated, as is known from the principles (No. 12).
When it says “in the mikvah waters,” it means that a niddah does not
need to immerse in running water, as [is required for the purification
of] a zav, but the waters of a mikvah are valid for her, as is explained
in the first chapter of Megillah [actually Tosefta Megillah 1:11] and in
Tractate Mikvaot (1:8). Now the Sefer Mitzvot Katan [an enumeration
of the commandments by Isaac of Corbeil in the thirteenth century] has
another commandment here concerning a niddah. This is if a man were
having intercourse with a woman who was menstrually pure, and [in the
midst of it] she experienced a flow of blood, he should separate after his
member’s detumescence [thus avoiding stimulation during withdrawal].
[This author] claims that this is a positive commandment regarding nid-
dah, as mentioned in the second chapter of Shevuot (18b). The verse
cited for this is (Lev. 15:24) “and her impurity be upon him,” [taken to
mean that there is an occasion when a woman] although being niddah
should remain with her husband.
And the bullock that comes for commandments, i.e., if the Sanhedrin
had declared permissible something, which, if done intentionally, would
be punishable by “cutting off,” and they made an erroneous decision, so
that the public acted wrongly on the basis of this decision, they must
bring a sin offering. This is called “a bullock that comes for command-
ments [rather than for transgression],” since it is stated (Lev. 4:13),
“And they do one of all the commandments of the Lord which should
not be done.” This counts as a commandment.
And the bullock of atonement. This bullock along with all other ser-
vices performed on Yom Kippur are counted as only one commandment.
Maimonides brought a proof for this from the saying in Tractate Yoma
(60a) that for any action of Yom Kippur, which is stated in the orderly
sequence, if one did any action prior to the previous ones, he has not
accomplished anything at all.
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offering, that of the New Moon as another, that of the seven days of
Passover as another, that of Shavuot as another, that of Rosh Hashanah
as another, that of Yom Kippur as another, that of the seven days of
Sukkot as another, and that of Shemini Atzeret another.
66. The low with the high, the definite and the conditional,
The clearly expressed cherem, and the evaluation of vowing.
Maimonides also listed bringing an offering of higher or lower value
for certain sins. It is called thus, since it is higher for a rich person and
lower for person with little means.
The definite and the conditional [guilt-offerings]. These are
two commandments. The one is to bring a guilt offering for some sins,
namely robbery, secular use of sacred property, and the betrothed maid-
servant. It is called the definite guilt offering, since it does not involve
any doubtful aspect. The other commandment for bringing a guilt offer-
ing concerns a person who committed a sin of doubtful nature, which, if
it were certain, would incur “cutting off” if done intentionally, and a sin
offering if done unintentionally. For a doubtful case [as to whether the
sin was actually committed or not], he must bring a guilt offering, and
this is called a dependent (talui, which is another form of nitlah, which is
used by ibn Gabirol) guilt offering.
I am doubtful regarding the guilt offering as to why we should count
all of them as one commandment. Why should we not rather count the
betrothed slave girl as one, the guilt offering for improper use of sacred
property as another, and the guilt offering for robbery as yet another?
For this is unlike the dependent guilt offering and the sin offering, which
apply to a particular type of transgression. However, the guilt offering
of a Nazirite and of one afflicted with “leprosy” [would not constitute
additional enumerated instances of guilt offering], as they are included
among their other offerings [at the conclusion of the Nazirite period
and the “leprosy” period]. Thus, I would here be adding two additional
commandments.57 [This is so] despite the fact that all guilt offerings are
counted as a single priestly portion, as mentioned in chapter “Haz’roa
V’halechayayim” (Chullin 133b) and in chapter “Hagozel Etzim” (Bava
Kamma 110b). Since each one [i.e., guilt offering] is distinct from the
57 In Perlow’s book on Saadya Gaon, he quotes the words of Zohar Harakia here, but he notes that
Duran does not in fact include them in his enumeration.
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them, and even though they are all vows, there is nevertheless a com-
mandment to deal with each one according to its regulation. Since this
is what Maimonides says [about subdividing the evaluations], why does
he not [similarly] enumerate each type of guilt offering separately, as I
have written [earlier in this stanza]?
The poet has forgotten or included under other commandments [the
following two commandments]. The first is to redeem offerings, which
happened to become blemished [and thus ineligible for offerings], as
is said (Deut. 12:15), “Nevertheless you may slaughter and eat meat,
as you desire,” which they explained (Sifre 25:15) as applying to offer-
ings, which happened to become blemished. The second one is that a
substitute donated offering becomes holy (Lev. 27:10, “Both it and its
substitute shall be holy”). Now this is an enumerated positive command-
ment, for they have said (Temurah 4b) that one who attempts to make
a substitution [in his desire to reclaim the original sacrificial animal] is
punished by whipping, although this is a prohibition attached to a cor-
rective positive commandment [a prohibition is usually punishable, but
if the Torah prescribes a positive act, which corrects the situation, there
is no whipping]; for a positive commandment cannot prevent [whipping
for a prohibition expressed by] two negative statements [ibid., “He shall
not change it” and “He shall not substitute for it”].
67. And a place and a tool to dig, and counting the omer,
And to send away the mother in the bird’s nest in the woods.
These are two enumerated commandments. One is to have a des-
ignated place outside the encampment to go and relieve oneself. The
second is to have in addition to weapons, a tool to cover excrement.
Maimonides wrote that these are separate commandments regarding
the encampment. But I say that, if these are two separate command-
ments regarding the encampment, there is then, in the view of the
sages, yet a third commandment.
This is not to engage in holy speech in a filthy place, which is from
the statement (Deut. 23:15) “Your camp shall be holy.” This is stated in
chapter 3 of Berachot (25a) concerning excrement, which is being car-
ried by, that it is forbidden to recite the Shema in its vicinity, for it is
necessary that “your camp shall be holy” [in order to recite the Shema],
and it is not. However, the latter clause would not be counted as a sepa-
rate commandment if this legislation is not specific for an army camp,
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but requires that any place where the Ark and the Shechinah are present,
or where the divine name is uttered, should be clear from any filth. In
this manner, it says there (Berachot ibid.) that the passage (Deut. 23:13)
“You shall have a place outside the camp” refers to urination, for it is
sufficient to have a place to go out [without covering it afterward], since
one may not recite the Shema in the presence of a stream of urination,
but after it has fallen to the ground, it does not require covering. That
is why they said that the Torah only forbids [reciting the Shema] while
the streaming urine is visible. But the law (Deut. 23:14) “And you shall
have a tool” applies to excrement, which requires covering, according to
the Torah. According to this [explanation that these laws are not just
specific for the army], the words and your camp shall be holy is the reason
for these two commandments, rather than a separate commandment.
And counting the omer. It is a single commandment to count days
and weeks [of the omer], and they are not counted as two command-
ments, although they said (Menachot 66a) that it is a commandment to
count days and a commandment to count weeks. Maimonides brought
a proof from the custom that we do not recite two blessings, one for the
days and another for the weeks. [This proof is valid] even though we
do not pay attention in enumerating the commandments as to whether
they involve blessings. There are commandments, which are enumer-
ated and for which we do not recite blessings, like the commandments
of charity and of divorce. Then there are commandments for which we
do recite blessings, and they are not enumerated commandments, like
commandments, which are rabbinic, according to Maimonides, and
like the commandment of kosher slaughtering, according to the Gaon
[Halachot Gedolot]. Nevertheless, since counting [the omer] is with a
single blessing, not two blessings, it is a valid proof that it is a single
commandment.
And to send away the mother in the bird’s nest in the woods.
The motivation for “in the woods” is that they said (Chullin 139a) that
(this law does not apply) to domestically raised birds. They have already
stated (Makkot 16a) that (the prohibition [Deut. 22:6] “You shall not
take the mother bird with its children”) is attached to the positive com-
mandment, “You shall certainly send away the mother bird (ibid., 22:7).”
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70. And removal and spitting for the woman cut off;
And cutting off the hand that seized the male genitals.
They have already said (Yevamot 39a) that the commandment of
levirate marriage takes precedence over the commandment of chalitzah
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71. And the law of the captured woman, and the law of being
fruitful and increasing;
And clothing for nakedness, and pouring waters of cold.
It is a single commandment to do to the good-looking woman [cap-
tured in war] whatever is indicated in that section [of the Torah], and
one does not enumerate every action as a separate commandment, as is
known from the principles (No. 7).
And the law of being fruitful and increasing. It is a positive com-
mandment to be fruitful and to increase, as it is said (Gen. 9:7), “And you,
be fruitful and increase.” This is part of the enumeration, for in Sanhedrin
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(59b), they inquire why this is not counted as one of the [seven] laws of
the descendants of Noah. They stated that any commandment, which
was spoken to the descendents of Noah and was not repeated to Israel
at Sinai, applies just to Israel and not to the descendents of Noah. It is
evident from this that for Israel, it is counted as a commandment. Also,
they said (Berachot 16b) that a bridegroom is exempt from reciting the
Shema, since he is occupied with a commandment [of reproducing]. And
they said (Yevamot 65) that men are commanded regarding being fruit-
ful and increasing, but women are not.
I saw in the Jerusalem Talmud, Gittin, chapter “Hashole’ach” (4:5)
and in “Mo’ed Katan” (1:7), that if one is half slave and half free [in this
intermediate state not being allowed to marry either a free woman or a
slave woman], the master is compelled to set him free [allowing him to
marry a free woman], because of (the verse, Isa. 45:18) “He created it
not a waste; He formed it to be inhabited.” Even though slaves are only
supposed to do commandments that are incumbent on a woman, they
are responsible for this commandment [of procreation, though it is not
incumbent on women] because of “He created it not a waste.”
But there is a commandment from the Torah that precedes this,
which is the commandment of marrying (kiddushin). In the Jerusalem
Talmud (Berachot 9:3) that for all commandments one recites a blessing
prior to doing them, except kiddushin by intercourse. Certainly, the com-
mandment of kiddushin is from the Torah, since they state (Sanhedrin
66b) that a woman who has undergone kiddushin is to be stoned [if she
commits adultery]. Now, if kiddushin were not a Torah law, she would
not be stoned.58 Maimonides wrote that kiddushin by money is rab-
binic, while kiddushin by document or by intercourse is from the Torah.
Difficult objections have been raised against this. But I have humbly
defended him in a responsum, which I have written in the principles
(No. 2). Now, just as a woman is acquired by her husband through kid-
dushin, so she regains her independence through divorce, as it is said
(Deut. 24:1), “And he shall write her a writ of separation.” This is also an
enumerated commandment.
And clothing for nakedness, which is to give clothes to those who
are naked. This is part of the general commandment of charity, “. . . suf-
ficient for his need in which he is lacking” (Deut. 15:18). However, the
58 The latter argument is weak, since being a Torah law does not guarantee that it is to be enumerated.
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59 The citation Kiddushin 9b is given in Ziv Hazohar ; however, it seems to me that this reference
bears on the status of laws derived by rabbinic exegesis, rather than laws given orally to Moses
at Sinai.
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72. Orlah [fruit] and hillulim [fruit], and the king’s copy;
And to pay on the [same] day, the wages of hired workers.
Orlah [fruit from a tree that is three years old or less] is not a posi-
tive commandment, but a prohibition, and it is written here only to lead
up to hillulim [fruit of the fourth year], for it is a positive command-
ment that [fruit of] a four-year tree should be sanctified for bringing it
up from Jerusalem and eating it there in the same way as second tithe
(Lev. 19:23–25).
And the king’s copy. It is a positive commandment to make for the
king two Torahs, one to take in and out with him, and one to have in
his archives. For it says (Deut. 17:18), “And he shall write for himself a
second copy (Heb. mishneh) of this law in a book.” I previously recorded
a commandment for each Israelite to write a Torah scroll, as it is said
(Deut. 31:19), “Now write you this song for yourselves.” This command-
ment is preceded by another commandment applicable to all Israel,
which is to appoint a king over themselves. They have said (Sanhedrin
20b) that three commandments were commanded to Israel [to be ef-
fective] upon their entry into the land, and one of them is to appoint a
king over themselves. They also said in the Sifre (Shoftim 30) that the
verse (Deut. 17:15) “You shall set him over you as a king” is a positive
commandment.
Now Nachmanides (at end of the negative commandments) is in
doubt regarding a certain commandment, namely, the commandment
that the king should call out the people to the army, and to inquire of
the urim and tumim. For it says (Num. 27:21), “And he shall stand before
Elazar the priest, who shall inquire for him by the judgment of the urim
before the L; at his word shall they go out, and at his word shall they
come in, etc.” Concerning this, they said (Yoma 73b) that [the urim] are
not asked except by the king or the court or by someone on whom the
congregation depends. From here, it appears that this commandment
applies for all generations, and so it seems from chapter 1 of Sanhedrin
(16a) where they say that the Torah bade the Sanhedrin to ask of the
urim and tumim.
And to pay on the [same] day the wages of hired workers. It is
a positive commandment to pay the wage of a hired man on the same
day, as it is said (Deut. 24:15), “On the same day you shall give him his
hire.” Maimonides put together with this commandment another one
(Positive Commandment 201), which is that a worker can eat from what
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he is working on. For it says (Deut. 23:25–26), “When you come into
your neighbor’s vineyard, you may eat grapes, etc.; when you come into
your neighbor’s standing corn, etc.” Even though they are two verses,
they count as a single commandment. For from the both of them we
learn (Bava Metzia 87b) that a person may eat unharvested crops at
the time of their final tending, and neither verse is adequate without
the other. It is stated in Bava Metzia (87), “The following may eat [of
the produce] according to Torah law.” Thus, Maimonides wrote, and we
could accept this, the commandment here being that the owner should
not prevent him [the worker from eating]; and if he did restrain him,
he would be violating a positive commandment, just like what is said
(Deut. 25:4), “You shall not muzzle an ox while he is threshing.” And so
Maimonides wrote in his major work (Laws of Hiring 12:1).
But this is a difficult thing, for Scripture is only speaking about the
worker, that it [i.e., eating the crops] is permissible and is not considered
like robbing the owner. This is seen from what they say in Gemara Bava
Metzia chapter “Hasocher et Hapo’alim” (87b) about the expression
“your neighbor” [in Deut. 23:25 the word re’acha is understood as mean-
ing a fellow Jew] that it implies [that the law forbidding the worker to
put the food in his vessel] does not apply to a gentile owner [but only
to a Jewish owner]. [The Gemara continues that] this is according to the
opinion that robbing a gentile is forbidden [and consequently one would
need this interpretation that the worker may fill his vessel with the
crops]. But according to the conflicting opinion that robbing a gentile is
permissible, what can be said? [Why do we need this interpretation that
the worker may fill his vessel with the gentile owner’s crops, since he is
even allowed to outright rob him?]
In cases of this sort [where permission is expressed, rather than ob-
ligation], they are not counted among the commandments. For in three
such commandments that were counted in Gemara Sotah (3a), “For he
may/must defile himself” (Lev. 21:3), “You may/should take bondmen
forever” (Lev. 25:46), and “He is/should be jealous of his wife” (Num.
5:14), the Gemara had to say that they did not just come to permit some-
thing that [was normally] forbidden, but they had to say that they were
obligations, otherwise being unnecessary. And in [our case of] permit-
ting the worker to eat, how could we construe this to be an obligation,
otherwise being unnecessary? When they say in the Gemara that “they
may eat according to Torah law,” it is true that they are permitted, but
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we read in the Mishnah that from each of them [thank offerings and
Nazir loaves], they would take one part in ten [as a terumah offering), as
it is said (Lev. 7:14), “And he shall offer one from each offering as a gift
(terumah) to the Lord” Now in the baraita in the Gemara, this law [that
it is actually one part in ten] is derived from the terumah of tithe (the
one-tenth of the Levite tithe that goes to the kohen). Then the question
is raised as to [why the ratio of one-tenth is derived from the expression
terumah being used both for the terumah of tithe and for the portion
of the thank offering]; one might derive it from the portion (terumah)
of Midian [i.e., the contribution of levy]), and that was in the ratio of
one part in five hundred. But this [latter possibility] was rejected, since
one should learn about a case applying throughout the generations from
another applying throughout the generations, rather than utilizing the
terumah of Midian, which is not applicable throughout the generations.
And you cannot argue about this proof [that the Talmud meant] that
its measure [i.e., 1/500] does not apply throughout the generations, but
the thing itself [setting apart some of the booty for holy purposes] does
apply. This would be like Nachmanides’s argument about the inaugural
offering of the altar about which I wrote previously (Stanza 50) [where he
said that it was plausible that this inaugural practice might be construed
as a permanent commandment, and the Talmud’s use of the expression
“not for all generations” referred to the particular amounts specified in
the desert]. If this were the case, it would be proper to learn from it the
aspect that does apply at later times, which is that it has no specific mea-
sure. This is similar to what the Baraita wanted to [possibly] learn from
the case of the First Fruits [which is also described as a terumah] that
there is no specific proportion [for the thank offering terumah]. For it
is stated in the Baraita that here [concerning the thank offering loaves],
the word terumah is used, and terumah is also used for first fruits; so just
as the latter has no specified amount, similarly the former would have
had no specified amount. So since they rejected learning from the case
of the terumah of Midian, neither the indicated ratio nor that there is no
specific amount, on account of its not being a commandment applying
throughout the generations, we may conclude that the contribution of
levy does not constitute a positive commandment at all, and it is not
part of the enumeration.
I am also surprised that Nachmanides brings a proof that the contri-
bution of levy is for all generations from what is written (Num. 31:54),
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“So Moses and Elazar the priest accepted the gold from, etc.” But this
was not stated about the gift of levy, but about the offering brought by
the officers of the army from the gold objects, which they each found.
The gold was the “memorial,” and the offering was to atone for sinful
thoughts, as mentioned in Tractate Shabbat, chapter “Bameh Ishah
Yotz’ah” (64a), and in Tractate Kallah (chap. 1). But the gift of levy was
for Elazar [not for the sanctuary], similar to other priestly portions.
From this point, we are led to an objection against the Gaon, who
enumerated the gift of levy. For the sages did not count the gift of levy
among the priestly portions. If they had, there would have been twenty-
five priestly portions [rather than twenty-four]. And they should have
counted it, being so much greater than the log of oil of the “leper” [which
was counted]. Since they did not count it, [it is proved that] it is not at
all an ongoing practice, and it does not belong in the enumeration. And
Nachmanides also decided not to enumerate it.
And inheritances. It is a single commandment to administer the
laws of inheritances, aside from the law of the firstborn. But Maimonides
made the two of them into one. Nachmanides (in his twelfth additional
prohibition) supported the Gaon who makes them two, and I wrote
about this previously (Stanza 58).
And the plastered great stones. These are the great stones, which
were erected to write the Torah on them (Deut. 27:1–8). The Gaon
counted this, but Maimonides criticized this, since this was a onetime
commandment. I humbly state that I found a proof for him in chapter
“Hakometz Rabba” (Menachot 34a), where they state that writing on the
stones does not extend to future generations. Nachmanides (principle
3) exerted himself to support the words of the Gaon, since the content
[of the commandment] is everlasting, for we were commanded to write
upon them the Torah most distinctly, to be a memorial through the
generations. But the words of Maimonides not to count this are more
correct, and Nachmanides in his enumeration agreed.
And the jubilee of freedom. It is a positive commandment to
sanctify the jubilee, as it is said (Lev. 25:10), “And you shall hallow the
fiftieth year.” There is also another commandment to be counted here,
which is to sound the shofar on the tenth of Tishrei and to proclaim
freedom throughout the land, as it is said (ibid., v. 9), “And you shall
make proclamation with the blast of the shofar on the tenth day of the
seventh month, etc.” There is also another commandment here, which
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60 In his final counting at the end of the book, the author does not enumerate an injunction for the
purchaser.
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have said, “If it were not for both scriptural expressions, we would not
have understood properly; since it would be normal for every specific
commandment to have a specific scriptural expression.” But since it is
just one commandment emerging from two scriptural expressions, the
language [of the Sifre] is appropriately stated. [Maimonides cites an
analogous case regarding firstlings, but our author brings another case,
as follows]. So it is that a worker eating in the vineyard or in the grain
field is counted as only a single commandment, for the two verses are
necessary to clarify the commandment, as I have written (Stanza 72)
concerning his opinion, and I previously wrote about this in the prin-
ciples (No. 9).
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poet made the removal [of the portion] a commandment, and giving it
[to the kohen] another commandment.
Likewise, the immersion of a mother after childbirth was already
mentioned above (stanzas 65 and 68) among other immersions.
75. The heifer for burning, and the chest for waving
And the tenth of an ephah, and to set apart terumah.
The entire procedure of the [red] heifer is a single commandment,
as it is said (Num. 19:9), “It shall be kept for the congregation of the
children of Israel for water of sprinkling; it is a cleansing from sin.”
I have already explained in the previous stanza the matter of the
“chest for waving,” that it belongs to the kohanim. I have already written
above (Stanza 54) about the waving, as to whether it comes into the
enumeration or not.
And the tenth of an ephah refers to the griddle cakes, which the high
priest must sacrifice every day, half in the morning and half in the eve-
ning (Lev. 6:12–16).
And to set apart terumah is an enumerated commandment. No one
contests this, for we recite a blessing upon separating it. The only argu-
ment is whether we count the giving as well as the separation as two
separate commandments. I have already written this above (Stanza 54).
76. A city which stretches out its hand, to spare from the grave,
And to destroy and lay waste the apostate city.
In either an obligatory war or an optional war, we must call to the
enemy to make peace. If they respond with peace, it is forbidden to kill
them, but they would become a tributary. This is so, with no difference
between an obligatory and an optional war. There is a difference if they
do not make peace, where for an optional war, we should kill males only;
while for an obligatory war, it is written (Deut. 20:16), “You shall not let
any soul remain alive.”
Now Nachmanides wrote (Additional Positive Commandment No.
4) that that it is a positive commandment, which should be among the
enumerated commandments, to take possession of the land, and we
must not let it remain in the hands of the nations. He brings proof for
this from the statement (Deut. 1:21) “Go up, take possession of the land
which I have given you.” And when they did not accede, it is written
(ibid.), “Then you rebelled against the commandment of the Lord your
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God, and you did not trust Him, and you did not hearken to His voice.”
And it is said in Tractate Sotah (44b) concerning Joshua’s war of con-
quest that everyone agrees that this was obligatory, while all agree that
David’s war of expansion was optional. The Sifre (Shofetim 27:14) says
that the verse (Deut. 17:14) “And you shall possess it and dwell in it”
means that as a result of your taking possession, you shall merit dwell-
ing there. Nachmanides said that the commandment is not destroying
the seven nations [of Canaan], but that it is taking possession of the
land even after they are destroyed or after they abandon the land; as
they said (Devarim Rabba, Shofetim 5:13) that the Girgashites evacu-
ated [from Canaan]. The Sifre (Ekev 24) also says that the verse (Deut.
11:24) “Everywhere where the sole of your foot treads will be yours”
is saying to them that all places that you conquer outside from these
places [in Canaan] will be yours. Or [continues the Sifre, does it mean]
that they are permitted to conquer outside the land before conquering
the land of Israel? [To negate the latter] the Torah states (ibid., v. 23)
“You shall dispossess the nations [of Canaan] greater and stronger than
you,” and only then “Everywhere, etc. (v. 24).
Since this is a commandment, the sages emphasize it, saying (Ketubot
110b) that one who dwells outside the land is like an idol worshipper.
And it is said in the Sifre (Re’eh 53:29) that the verse (Deut. 11:29) “And
you shall possess it and dwell therein” (followed by v. 31 “and you shall
observe all the statutes, etc.”) means that dwelling in the land of Israel
is equivalent to all the commandments.
The meaning of “A city which stretches out its hand” is that it ex-
tends its hand to pay taxes. In that case, we must spare their lives from
the grave. But killing the seven nations [of Canaan, of whom] it is said
(Deut. 20:17), “You shall utterly destroy them,” is a positive command-
ment for all generations, and it is included in the enumeration. For one
should not imagine that, since they have perished, this should not be in-
cluded as a commandment in the enumeration; since even if there would
remain only one of them at the end of the earth, we would be obligated
to destroy him. Maimonides explained this, i.e., that any commandment
that is not connected with a specific time constitutes a commandment
for the generations, even though that thing [i.e., the object of the com-
mandment] is absent; for if it were in existence, we would be obligated
concerning it. He says this also concerning destroying the descendants
of Amalek, as I wrote in the principles (No. 3).
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And to destroy and lay waste the apostate city is a positive command-
ment, which is an exception from the general law of capital punishment
exercised by the courts; for those executions are enumerated in a general
way, while this is enumerated as a special ordinance. That is to burn the
city and to leave it destroyed, according to the statement (Deut. 13:17)
“You shall burn with fire the town and all its spoil totally unto the Lord
your God, and it shall be a mound, etc.”
77. And a city which is closed in, you shall pour down its stones;
And give carrion to the ger, or sell it to gentiles.
In an optional war, if it [the city] does not make peace but closes itself
before us to come under siege, we are commanded to slay the males and
allow the women and children to live, as it is said (Deut. 20:13), “And
you shall strike down all its males with the edge of the sword.”
And he says that you shall pour down its stones, similar to the mean-
ing of (Mic. 1:6) “And I will pour down the stones into the valley.” The
poet does not express “into the valley” nor into any other place, so as
not to squeeze [too many syllables into] his poem.
Now Nachmanides has in this context two more commandments
that are included in his enumeration of the commandments. One com-
mandment is that we are commanded that when we lay siege on a city,
we should allow one direction so that if the inhabitants wish to flee they
will find a route to escape. He derives this from what is written (Num.
31:7), “They took the field against Midian as the Lord commanded
Moses.” [And the Sifre states that this means that] they surrounded it
on three sides [in other versions, four sides], and Rabbi Nathan states
that he gave them [another version has the imperative, give them!] the
fourth side [for escape]. Maimonides acknowledges this commandment
in his great work in Hilchot M’lachim Umilchamoteihem (6:7), but he
did not write it in his Sefer Hamitzvot. Also there (Hilchot M’lachim),
he did not make it [optional wars] into a separate commandment, nor
does he include it under a more general commandment of war.
The second [additional commandment proposed by Nachmanides] is
that we are commanded that, while besieging a city, we may eat from
the trees in its territory during all the days of the siege. And if we cut
them down needlessly in a destructive manner, we transgress a positive
commandment in addition to the explicit prohibition for this. Thus did
they say in the Sifre (Shofetim 127) that the words (Deut. 20:19) for you
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will eat from it is a positive commandment, and you shall not cut it down
(ibid.) is a prohibition. But Maimonides did not enumerate this either.
And give carrion to the ger, or sell it to the gentile (Deut. 14:21).
There is no commandment here at all; it just gives precedence to giving
to the ger (resident gentile) over selling to a [nonresident] gentile.
78. Collect the money of atonement, and you shall stone the
beguiler,
Since he raised his voice to worship other (deities).
It is a positive commandment throughout the generations to con-
tribute a half shekel every year, as it is said (Exod. 20:12), “And each
shall pay the Lord a ransom for himself.” That this commandment ap-
plies throughout the generations is clearly stated in 2 Chronicles (24:6)
concerning Joash, King of Judah. There it is written, “Why did you not
require of the Levites to bring in from Judah and Jerusalem the tax of
Moses, the servant of the L?” It is also stated (ibid., v. 9), “They made a
proclamation throughout Judah and Jerusalem to bring for the Lord
the tax that Moses, the servant of God had set upon Israel in the wilder-
ness.” That which it says in Ezra (Neh. 10:33), “Also, we made ordinances
for us to charge ourselves yearly a third of a shekel,” has already been
explained in the Jerusalem Talmud (Shekalim 2:3), that the shekel in
Ezra’s time was worth thirty gerahs; so a third of that is ten gerahs, which
is half the shekel value in Moses’s time. And in the final chapter of Bava
Batra (9a), they said that in the time of the temple, a person could pay
his annual shekel dues and obtain atonement. [That this is a command-
ment for all time] is also explicit in the Jerusalem Talmud (Shekalim
ibid.).
As to the poet’s mentioning “you shall stone the beguiler [to idol
worship],” the commentator on the Azharot has already labored to give
a reason why he singled out this case [of the beguiler] over the others ex-
ecuted by the court, and he could not find a cogent reason. Maimonides
[in fact] did not include it in the enumeration. But from the expression
(Deut. 13:7) “If your brother, the son of your mother entices you,” it
is interpreted in the last chapter of Kiddushin (80b) as a hint that one
may not be alone with a relative [with whom sexual relationship is] in-
cestuous [although this interpretation appears farfetched]. It is further
said in chapter 2 of Avodah Zarah (36b) that this prohibition [based on
the above verse] is a Torah law. If so, this is a positive commandment
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62 Perlow notes that the verse “who dreams” is not part of the section dealing with false prophesy in
Deut. 18:20.
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implying] that this even includes the high priest. This shows [according
to Maimonides] that it is a positive commandment, for if it were not
a positive commandment for the afflicted person [to have his hair di-
sheveled], it could not [have been thought to] override the prohibition
of the high priest that (Lev. 21:10) “he shall not let the hair of his head
be disheveled, etc.”
Now he [Maimonides] did not really need all this (reasoning), for
undoubtedly there is an enumerated positive commandment concern-
ing the metzora, i.e. (Lev. 13:46), “He shall dwell apart; his dwelling
shall be outside the camp.”* Indeed, they said in Pesachim, chapter “Elu
*Maimonides, in his
Devarim” (67a) that Rav Hisda stated that a
commandment no. 112, metzora who had entered within his forbidden
includes everything to the boundary is not punishable, for Scripture said
metzora’s isolation; i.e., his
clothes being rent, his hair (ibid.), “He shall dwell apart; his dwelling shall
disheveled, his dwelling being be outside the camp,” and thus, Scripture has
away from the camp, and
proclaiming his impurity. Thus
joined [the prohibition against entering the
this would still be eligible for camp] to a [corrective] positive command-
enumeration, even if the parts ment [in such a situation the violator is not
about the clothing and the
hair were not substantiated by punished with whipping]. [On the other hand]
the Sifra citation. it is possible that this [dwelling apart] is a sepa-
rate enumerable positive commandment [not
combined with disheveled hair and rent clothing], although I have not
seen any of the enumerators of the commandments who have included
this separately. And in chapter “R. Eliezer d’Milah” (Sabbath 132b), Rava
said that if one cuts away his bright white spot [an indicator of tzora’at],
he has transgressed a specific positive commandment besides the prohi-
bition of (Devarim 24:8) “Be heedful concerning the plague of tzora’at.”
This is “to carefully observe to do” (ibid).63 Now, I have not seen anyone
who has taken heed of this positive commandment, so it would seem
that everything [i.e., all the positive ramifications concerning tzora’at]
are included in this positive commandment that the metzora must do all
that is required of him during his illness.
81. And with this will be healed one who is unclean because of a
corpse or an exterminated person,
63 See Rashi, Sabbath 132b, on the words hai aseh v’lo ta’aseh hu, which identifies this scriptural
phrase as being the positive commandment.
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And you shall destroy the one who leads astray, and those
who remain will fear.
[The meaning of this is that] by the aforementioned sprinkling, there
is remedy for one who is unclean by [contact with] a [regular] corpse or
one who is slain by sword, i.e., exterminated without judicial process
[the two cases reflecting Num. 19:16, “One slain by a sword or who died
naturally”]. One who is unclean due to a corpse does not have sprin-
kling with blood like a zav or metzora, but he does need sprinkling [with
water containing] ashes of the red heifer. There is here an enumerated
commandment, which is to sprinkle those who are unclean with corpse
impurity, and this is one of the impurity laws that Maimonides counted
(Positive Commandment 108, which includes the ability of the waters of
the red heifer to purify as well as to defile). Nachmanides disagreed with
him, and I am perplexed by this, for the purification should be counted,
as I wrote above (Stanza 68).
The reason for what he wrote “you shall destroy the one who leads
astray” (see Deut. 13:14) is hidden, just as is the reason for the enticer
(Deut. 13:8) and the false prophet (see Stanza 78). Tispeh (you shall de-
stroy) is transitive as in ha’af tispeh (Gen. 18:24).
And those who remain will fear. The one who leads astray is not
one of the four crimes requiring public announcement, as it is said
(Deut. 19:20), “And those who remain shall hear and fear.” These are
[the rebellious son who is] a glutton and drunkard, the rebellious elder,
false witnesses, and one who beguiles [family or friends to idolatry]. So
the poet was incorrect about this.64
82. And one who injures fivefold, shame will cover him;
And blood on the earth you shall cover with dust.
One who injures his fellow has to pay for five things: damage [decrease
in his value], pain, medical expense, unemployment, and shame [if disfig-
ured]. This is an enumerated commandment. I have already written (Stanza
15) that Nachmanides includes all civil laws under one commandment, i.e.
(Deut. 1:16), “And you shall judge righteously.” But in his enumeration, he
agrees with Maimonides to count it as a separate commandment, as I have
written, though I include it in the law of righteous judgment.
64 The Tzofnat Pane’ach notes that according to the Tosefta, the one who leads astray also requires
announcement, so it was the author of Zohar Harakia who was incorrect.
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He says that “shame will cover him” concerning the one who has
caused the injury, since he is guilty for these five things, and there is no
greater shame than this.
And blood on the earth you shall cover with dust. The poet
follows in the footsteps of the Gaon, who counts covering [an animal’s
blood] as a commandment and does not count slaughtering as a com-
mandment. The reasoning of the Gaon about this is that shechitah (ritual
slaughter) is not a commandment like other commandments. For even
though we pronounce a blessing [“He has commanded us”] concerning
shechitah, [it is not a normal commandment], since if one stays his whole
life without slaughtering, he has not deprived himself of any merit. And
if one slaughters all the sheep of Kedar, he does not gain any merit, for
the purpose of shechita is only that a person should not eat a limb from
a live animal. And so do we say in the Gemara Pesachim (7b) [that one
recites the blessing that “He commanded us concerning shechitah”] and
does not phrase it “to perform shechitah,” since one is not obligated to
slaughter.65
[Now, I will explain the fact the Halachot Gedolot] includes among the
tasks for kohanim, pouring [oil], mixing the flour, etc.; and among these
things, he wrote “slaughtering.” He wrote this with reference to slaugh-
tering of sacrifices, which are fixed obligatory commandments. They are
included in the duties of the sacrifice, because part of the obligation of
bringing a sacrifice is that it must be slaughtered, as it is said (Lev. 1:5),
“And he shall slaughter the bullock,” and (Exod. 12:21) “Slaughter the
paschal lamb.” In his [Halachot Gedolot] opinion in which he enumer-
ates the tasks assigned to the descendants of Aaron, and I agree with
him on this (see Stanza 45), shechitah would properly be included in the
enumeration of the commandments.
Now in my humble opinion, I have found a proof that shechitah is not
among the [enumerated] commandments, from what they said in the
Yelamdenu (Tanchuma, Sh’lach 15) that there is nothing in the world
that was not the subject of a commandment to Israel. So if one goes
out to plow, [he must observe] “you shall not plow with an ox and ass
together” (Deut. 22:10). For sowing, there is (ibid., v. 9) “you shall not
65 This proof, however, does not hold up for the version in the Gemara that says the he, i.e., the
owner, does not have to do the slaughtering, implying that someone else can do the slaughtering
for him.
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sow your vineyard with diverse kinds.” For harvesting, there is (Deut.
24:19) “When you gather your harvest in your field and you forget a
sheaf in the field.” For [baking] loaves [you shall set apart] “the first of
your dough” (Num. 15:20). When one slaughters, there is (Deut. 18:3)
“he must give the kohen the shoulder, the cheeks, and the stomach.”
Concerning wild animals and birds, there is (Lev. 17:13) “he shall pour
out its blood and cover it with earth.” When one plants, there is (Lev.
19:23) “you shall consider its fruit forbidden.” So this Midrash reviews
all the commandments, but it does not find any general command-
ment covering domestic animals, wild animals, and fowl, except the
priestly portions and covering the blood for wild animals and fowl. So
if shechitah were a commandment, it would have listed that for eating
meat, there is (Deut. 12:21) “and you shall slaughter your cattle and
sheep.”
And there is certainly here another prohibition, which is derived from
a positive statement. This is to forbid slaughter of ordinary [nonsacrifi-
cial] animals in the courtyard [of the temple], as they stated in Kiddushin
(57b) that the verse (Deut. 12:21) “If the place [of the temple] is too far
from you, then you shall slaughter (. . . and you shall eat).” [This implies
that] at a distance, you may slaughter [and eat at the same place], but
you may not slaughter [and then eat] at the site [of the temple]. This is a
prohibition derived from a positive statement, as Rashi wrote in chapter
“Oto V’et B’no” (Chullin 78a).
Similarly, there is disagreement among the early scholars about
other prohibitions inferred from positive statements, as to whether
they should be enumerated among the positive commandments or not.
An example is (Deut. 14:4) “These are the animals that you may eat,”
which is interpreted (Sifra Sh’mini 69) as a positive commandment. And
he [Maimonides] made (Deut. 14:11) “You may eat any clean bird” a
positive commandment (No. 150), and likewise (Deut. 14:9) “These you
may eat of all that live in the water.” The meaning of all these as positive
commandments is to say that if one eats any unclean animal, he trans-
gresses a prohibition derived from a positive statement in addition to
the explicitly written prohibition. Maimonides counted them as positive
commandments (No. 149 ff), saying that it is a positive commandment
to examine the characteristic features of an animal, and similarly for the
others. The Gaon, however, did not count them.
Nachmanides added to the number of prohibitions the slaughtered
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and (Deut. 15:3) “you may/shall demand [an unpaid loan in the sh’mittah
year] from a foreigner” are of this type [i.e., positive statements implying
prohibitions]. But Maimonides counts them as active commandments,
that one must take interest from the foreigner and that one must collect
the unpaid loan.
Nachmanides wrote that the Midrash validates the words of the
Gaon that a prohibition implied by a positive statement should not be
counted. This is what they said (Tanchuma, Tetze 2) that every limb in
a person is saying to him, “Perform a commandment with me [thus ac-
counting for the number of commandments being equal to the number
of limbs].” From this expression, it is seen that one should only enumer-
ate those commandments whose performance is obligatory, not those
expressing passively refraining from an action. For in the latter type of
commandment, the [actual] prohibition would be enumerated among
the prohibitions, and the prohibitions implied by the positive state-
ments are not [counted at all].
But in the Yerushalmi Pesachim (1:4), I found support for the words
of Maimonides. For there they said concerning the eating of chametz [on
Passover] that it has a prohibition and a positive commandment, and
concerning its destruction, there is a prohibition and a positive com-
mandment. Concerning eating it, there is (Deut. 16:3) “You shall not
eat chametz during it” [as well as] “You shall eat matzot during it for
seven days,” [implying] however that [you may] not eat chametz, and a
prohibition implied by a positive statement is [considered] a positive
commandment. Regarding its destruction, there is (Exod. 12:15) “You
shall eliminate leaven,” which is positive, [as well as] “[leaven] shall not
be seen nor be found.” (Exod. 13:7) So in the Yerushalmi, they equate
the prohibition derived from a positive statement of “you shall eat mat-
zot during it for seven days” and the positive obligatory statement of
“you shall eliminate.”* *Thus, according
The words of Nachmanides on this matter are to the Yerushalmi,
when we speak
perplexing in view of what has been said, for I do
of a prohibition
not see consistency in his words. For Nachmanides, derived from a
in one instance, has decided to enumerate all except positive statement
being a positive
a few, claiming about them that Maimonides had commandment, it
neglected them. These are eating unclean terumah means exactly that,
and we should include
(Nachmanides’s Additional Positive Commandment
it among the positive
No. 2), doing business with fruits of the Sabbatical commandments.
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year (No. 3), eating the paschal lamb while it is yet daytime (No. 12),
destroying fruits during a siege (No. 6), sacrificing limbs of a wild ani-
mal (No. 10), and rendering a legal decision while drunk (Nachmanides’s
critique to Prohibition No. 73). Then there are certain ones [of this type]
that I [Duran] added on that Nachmanides had neglected, although he
did enumerate other prohibitions derived from positive statements. So
he counts some of them and omits others. For he counts the aforemen-
tioned commandments that Maimonides had neglected, but he agrees
with Maimonides in enumerating [the sacrificing of a newborn animal]
that is too young (Positive Commandment No. 60), [a nazirite] letting
his hair grow long (No. 92), as well as the law of proper slaughtering.
But he disagreed with Maimonides on certain ones that he
[Maimonides] counts, such as swearing in His name (Positive
Commandment No. 7), demanding payment for a loan to a gentile (No.
142), and charging interest on his [the gentile’s] debt. Nachmanides did
not agree to enumerate the above instances even as prohibitions derived
from positive statements.
Also he differed with him regarding the positive commandments
(nos. 149ff) of examining domestic and wild animals, fowl, fish, and lo-
custs [to ascertain whether they are kosher], which Maimonides count-
ed as prohibitions derived from positive statements, but Nachmanides
did not count them. Likewise, following his viewpoint, he should have
enumerated [the prohibition of eating] the slaughtered bird of a met-
zora, but he did not do so. And it cannot be claimed that some of these
he did not enumerate because they have been expressly prohibited;
and as a result of their being thus prohibited, a positive expression in
addition would not be included in the enumeration. For he does [in
fact] count the destruction of fruits during a siege, even though it has a
[direct] prohibition, and he counted the [direct] prohibition among the
prohibitions, and the positive [expression] among the positive com-
mandments.
As to the poet saying “dusts” [plural], it is because it is required to
have dust beneath and above [the blood]; indeed the word afarim [dusts]
occurs many times.
83. You shall have the sotah drink, that she may be cleared;
And you shall make a fence, to remove dangers.
It is a positive commandment to do to the sotah [suspected adulter-
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ess] in accord with the law written in the Torah. This comes into the
enumeration as a single commandment. But I wonder why they did not
count as a separate commandment being jealous of one’s wife, as it is
said (Num. 5:14), “And he shall become jealous of his wife.” Indeed, the
sages of Israel were divided (Sotah 3a) as to whether it [being jealous]
expresses permission or obligation. This is similar to their arguing about
the verses (Lev. 21:3) “For he may/shall become impure” and (Lev. 25:46)
“You may/shall hold them as slaves forever.” Now, just as they counted
“for her he shall become impure” as a commandment (Maimonides’s
Positive Commandment No. 37), it would be right to count “and he shall
be jealous of his wife” as a commandment, for these three cases were
treated in the same manner in the Gemara. I saw that Maimonides in his
great Code (Hilchot Sotah 4:18) wrote that it [the law of being jealous] is
from the words of the scribes [rather than Torah law], but this does not
seem so from the Talmud.
And you shall make a fence. Making the fence is in order to remove
blood and traps [accidents], as it is said (Deut. 22:8), “You shall make a
fence on your roof, so that you do not cause blood, etc.”
85. And the kohen anointed for war should wave his hand aloft,
So that fear should not fall upon the heart of the girded
(warriors).
It is a positive commandment to appoint a kohen and to anoint him
that he should be ready to go out to the war front to strengthen the
hands and hearts of those going to war. That entire matter comes into
the counting of the commandments as a single commandment, and all
of them [who enumerated the commandments] wrote it as such. At this
point, the poet has finished the counting of the [positive] command-
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ments, and he concludes his poem in praise of those who fulfill them,
and the reward due them.
Now, just as we do not find in the enumeration of the command-
ments those that were enacted by the prophets, since they were not
spoken expressly to Moses at Sinai, it is also not right to count what
was said before the giving of the Torah, since it was not spoken at Sinai.
Therefore, we do not include in the enumeration of the commandments
what they said in the first chapter of Berachot (13a) that anyone who
calls Abraham by [his original name] Abram transgresses a positive
commandment, as it is said (Gen. 17:5), “Your name shall be Abraham,”
for He was speaking to Abraham, and undoubtedly this was not uttered
at Sinai. It is not like the commandment to be fruitful and increase,
which was stated to the sons of Noah and which was not repeated at
Sinai; it was nevertheless directed to Israel and not to the sons of Noah
*The cases of Abraham’s name
(cf. Sanhedrin 59a). For the manner of ex-
and of dwelling in Babylonia pression [about Abraham’s name] indicates
are similar in that neither is that He was addressing Abraham [and not
enumerated, since neither is part
of the Sinaitic legislation, the the people of Israel as a whole]. Likewise in
former being pre-Sinaitic and the chapter “Mi Shemeto” (Berachot 24b), [it
latter being post-Sinaitic. The
fact that both are referred to as
says] that anyone emigrating from Babylon
positive commandments is thus to the land of Israel transgresses a positive
irrelevant. It is also noteworthy commandment, as it is said (Jer. 27:10),
that the portion about dwelling
in Babylonia is absent in our “They shall come to Babylonia and they shall
manuscript version. be there,” and this is a prophetic law.*
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[the plural form torot] are both Torahs, the written Torah and the oral
Torah, and the teaching regarding all the sacrifices.66
Perfect and righteous (temimim vi’ sharim) is not grammatical; it
should read “temimot vishharot,” for masculine form adjectives should
not modify feminine nouns, but this was done carelessly.67
87. They enliven the swift, but they destroy the haughty;
And he who instructs will shine like the brightness of the
luminaries.
The commandments are a life-giving potion to one who is swift and
careful about them, as the wise one said (Prov. 4:22), “They are life to
those that find them,” on which the comment is made (Eruvin 54a)
[that instead of] “those that find them (l’motz’eihem),” [one should read]
“those who bring them out (l’motzi’eihem)” [which implies that verbal
repetition of studies makes them last a long time]. But to a person who
is haughty and arrogant and does not do these commandments, they are
a poison which will destroy him.68
But they destroy (tispenah) is an active transitive verb, as in (Gen.
18:24) “will you indeed destroy (tispeh)?”
And he who instructs (hamazhir) the people to go in the way of the
Torah will shine like the brightness (yazhir k’zohar) of the sky. There is
a poetic use of the word mazhir, which has the meaning of instruction
and commandment, along with yazhir, which is about shining and light.
88. And to the one who is instructed and observes them, a good
reward will come,
And with the foreordained light the righteous will be
crowned.
Just as the one who instructs has good reward for his effort, so as
good result comes to the one who follows the instruction, and he is re-
66 The ideas and expressions in this paragraph seem to me somewhat awkward and disjointed. But
the sequence of “My commandments, My statues, and My laws” is found in Gen. 26:5.
67 The author of Tzofnat Pane’ach points out that this criticism assumes that “perfect and righteous”
describes the commandments. In fact. it should be read as “O you perfect and righteous people.”
68 The section that refers to Eruvin [54a] is absent in our MS. Indeed, this reference does not seem
apt to the thought of this stanza. It seems that a better scriptural reference for this stanza would
be the verse, [Mic. 6:10] “The righteous will walk in them [the ways of the Lord], but transgressors
stumble in them.”
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———————————————— The Positive Commandments ————————————————
warded for observing it (Ps. 19:12).69 And with the foreordained light of
the Shechina, the righteous will be crowned, and this is the ultimate vic-
tory for which man can strive, the crown on the heads of the righteous.70
The positive commandments are thus completed due to the strength
of the Rock and Shelter.
***
69 Note: This explanation understands mazhir as a teacher/preacher, and nizhar as a disciple. Because
of the multiple shades of meaning for zohar, I believe that other renderings are possible. One is
that the mazhir is the Lord, who gives teaching and light to the world, and the nizhar would be a
person who carefully practices the teaching. With this version, the subject of yikrav would not be
ekev but the Lord, i.e., “He will be near to the one who carefully practices.” A second variation is
based on the fact that this poetic rendition of the 613 commandments is known as Azharot. The
meaning would then be a petition that the work of the poet will be a source of enlightenment and
also that the reader will reap the rewards of observing this teaching. It is also noteworthy that in
the Shabbat song “D’ror Yikra,” we also have the simultaneous usage of mazhir with nizhar. This
poem is attributed to Dunash, who is earlier than ibn Gabirol. Is it possible that there exists an
even earlier source?
70 It would be good to compare these closing stanzas with the content and style of the introductory
stanzas at the beginning of the positive commandments.
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———————————————— The Negative Commandments ————————————————
3. They are more precious than rubies, they were destined and
hidden,
For the daughter of the mighty ones, like decorations to be
attached.
The poet takes the expression in Scripture (Prov. 3:15), “It is more
precious than rubies,” and he continues that the Torah was hidden, des-
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tined to be given to the daughter of the mighty ones, i.e., the congrega-
tion of Israel, which is the daughter of Abraham, Isaac, and Jacob. The
Torah was secreted with Him for two thousand years before the world
was created, as it is said (Prov. 8:30), “Then I was with Him as a nurseling,
and I was day by day a delight,” and a day for the Holy One is a thousand
years. [The repeated word yom yom thus indicates two thousand years.]
These commandments are magnificent like the ornaments of bridal at-
tire. It is possible that the poet is alluding to the rabbinic saying [see
note at the end of this paragraph] that the verse (Num. 7:1) “And it was
on the day that Moses completed (kallot)” implies that [the people of]
Israel were like a bride entering the wedding canopy (kallot also means
brides). Just as a bride adorns herself with twenty-four ornaments, so
did Israel, etc.71
71 This precise reading of the midrashic text was not found by the author of Ziv Hazohar. Partial
texts are found in Shemot Rabba, Bamidbar Rabba, and Tanchuma, as well as in Rashi on Num.
7:1. This entire section of Zohar Harakia on the midrashic interpretation of Num. 7:1 is absent in
our manuscript version of Zohar Harakia.
72 I am at a loss to explain the aptness of this quotation here. These past few lines are not in our
manuscript text.
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and now I have additional love for you, which is chashak (desired). So
the meaning is that I desired you, having already loved you, for desiring
(cheshek) exceeds love.
And I redeemed you from rahav [a designation of Egypt or of the
Red Sea], for thus He said to them (Exod. 19:6) “You have seen what I
have done to Egypt,” for I gave you spoils in Egypt and at the Red Sea,
and this is what is meant by with73 chains of gold (torei zahav), which
were fine and pure.74
73 Note: The words torei zahav are from Song of Songs 1:11. The Midrash (Shir Hashirim Rabba on
this verse) explains this term as symbolizing the spoils washed up from the Red Sea after the
Egyptians were overthrown into the sea. In accordance with this meaning, the Zohar Harakia
takes the meaning of this stanza as God showing special love by the spoils at the sea. The Midrash,
however, gives alternate meanings to torei zahav, which allude to the Torah (the word torei being
suggestive) or to the ark (the word zahav being suggestive). So the stanza could be construed as
meaning that God showed his love by taking Israel out of Egypt and giving them the Torah. In this
meaning, the words fine and pure would be descriptive not so much of the gold but of the words of
Torah, as in Ps. 18:31, where “the word of the Lord is refined” (ts’rufah). This interpretation of our
stanza makes it fit better between stanzas 4 and 6.
74 The translation of this verse is based on the MS reading of b’mo instead of k’mo.
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The content of this prohibition is that one must not affirm any other
deity than Him, blessed is He, i.e., you should not accept anyone as a
divinity other than God This is similar to (Jer. 11:4) “And I will be your
God” and (Deut. 26:7) “You have affirmed this day that the Lord is your
God” There is a dispute about this among the sages, for some claim that
this is a prohibition against making idols. This is like what is taught in
the Sifra (K’doshim 9:12), where they say that the verse (Lev. 19:4) “You
shall not make for yourselves molten gods” might be taken to imply
that other persons might make them for you, so the verse specifies [the
otherwise unnecessary word] “for yourselves.” One might also think
that one is permitted to make [idols] for other people, so the verse says,
“You shall not make” [rather than just saying that these idols shall not
be for you]. From this verse, they concluded that if one makes an idol
for himself, he transgresses two prohibitions, one of not making, and
another of not being for you. Rabbi Yose says that he transgresses three
prohibitions, not making, not [having one made] for yourself, and also
“you should not have.” So Rabbi Yose’s opinion is that the prohibition
“you shall not have” concerns the making of idols.
The opinion of the Halachot Gedolot is similar, as I have written in
the section on the positive commandments. And the asmachta proof of
(Deut. 33:4) “Moses gave us the Torah,” indicating 613 commandments
by its gematria value, would apply to the view of Rabbi Yose just as it
applies to the view of the Gaon, who holds that the statement “I am the
Lord etc.” is not one of the 613 commandments [and the two command-
ments give to Israel without intermediary are the prohibitions against
images and against worshipping them].
But in the opinion of Maimonides (Sefer Hamitzvot Prohibitions No.
2ff) and that of Nachmanides (critique on Maimonides’s Prohibition
No. 5) who agrees with him, the law follows the first teacher [in the
Sifra], that the expression “you shall not have, etc.” does not contain
any prohibition against making idols, but it is about accepting them as
divinities. Also, the translation of Onkelos also agrees, for he translates
this verse as “you shall have no other gods except me.” The language of
Scripture indicates this, since it says “other gods” that [people] serve in
the same way as Him, exalted is He, and serving or accepting as divinity
applies equally to Him and to others. However, the idea of making is
inapplicable to Him, although it is to “others.”
And from the agada [telling the story of the martyrdom of the seven
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75 The Talmudic discussion here concerns only sins, which are punishable by cutting off; and since
it includes specifically the case of the first prohibition, it must be thus punishable, and thus it
excludes identifying it with making idols, which is not punishable by cutting off.
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sea. That is derived from the latter part of the verse (Exod. 20:4) “which
is in the earth beneath,” which includes oceans, mountains, and hills,
the word beneath including the small snail in the sea. And [when the
Talmud says that the verse is about] worshipping them, it means that
Scripture is forbidding the worshipping [of the images] and accepting
their divinity, since they did not answer the difficulty by saying that the
baraita dealt with the situation where one made images for the purpose
of worshipping them.
So the meaning of Scripture according to this is that you shall not
have any other gods from the host of the heaven to accept them as di-
vine and saying to any of them “you are my god.” And attached to this
prohibition is (v. 4) “you shall not make an idol or any image, etc.” and
(v. 5) “you shall not bow to them or worship them,” all of this being a
single prohibition against idolatrous worship. For Scripture uses all over
this expression [of making] about idolatrous worship, e.g. (Deut. 4:16),
“Lest you become corrupt and make for you a graven image, the likeness
of any figure,” and (ibid., v. 25) “and you become corrupt and you make,
etc.” And the intent in all these is the worship, not the making.
One is perplexed by Maimonides, who decided to enumerate (Exod.
20:2) “I am . . .” as a separate commandment, since, if in the paragraph
of “You shall not have . . .” there is more than a single commandment
[Maimonides actually counts four], we would have then heard directly
from the powerful mouth more than two commandments. However, it
comes out from the Talmud at the end of Makkot (23b) that we only
heard two commandments from the powerful mouth, and from Moses
[we heard] 611, according to the numerical value of (Deut. 33:4) “Moses
commanded us Torah” (gematria value 611).
But the prohibition against making an image, which is worshipped,
and having it is from the verse (Lev. 19:4) “Do not turn to idols or make
molten gods for yourselves,” as they noted in the Sifra (Kedoshim 9:12),
which I noted above (Stanza 7). It is also from the verse (Lev. 26:1) “You
shall not set up for yourselves carved images or pillars,” where the Sifra
states (Behar 105:5) concerning “carved images or pillars” that just as
when you make a carved image, you have caused it to be forbidden for
any user, so when you make a pillar [for idolatrous purposes], you have
rendered it forbidden. And just as you are forbidden to keep [the verb ta-
kimu translated above as “set up” can also be rendered as “keep,” t’kaimu]
a pillar, so you are forbidden to keep idols, i.e., one transgresses keeping
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it, even if someone else made it. So there are two prohibitions about
worshipped images. One is making them, even for others, and the other
is to have them, even if others made them, as is mentioned in the Sifra
that I quoted above. And if one made them for himself, he is guilty on
two counts, i.e., on account of “you shall not make” and on account of
“for yourselves”; and he is punished with two whippings. And so did they
say there (ibid.) that if one made an idol for himself, he transgresses two
prohibitions. And if the image is not one that is worshipped, but is for
decoration, there is a specific prohibition from the verse (Exod. 20:20)
“With Me, therefore, you shall not make any gods of silver, nor shall you
make for yourselves any gods of gold.” [This means that] you should not
say, “I am making it as a decoration as they do in society,” since Scripture
says (ibid.), “You shall not make for yourselves.”
It seems that the poet uses here the general phrase “And you shall
make no idol” followed by “wickedly or foolishly” to indicate its two
aspects. The one is for the purpose of worship, which is wickedly, and
the other is for decoration, which is foolishly. For the one who does thus
[the latter] is foolish, not wicked, like the one who does so for worship.
And the phrase “And you shall put no trust” includes keeping it [an idol]
made by others, since if he did not have faith in them, he would not keep
them.
And the meaning of “And you shall put no trust [in them] to make
[your creator] jealous with strange gods” is reminiscent of (Deut. 32:21)
“They provoked me with non-gods.”76 The word kesel means trust, as in
(Job 31:24) “If I have made gold my trust (kisli),” where [its meaning] is
told by the parallel77 phrase “I called fine gold my trust (mivtachi).”
76 A more apt reference would be verse 16, “They provoked Him with strange things.”
77 The phrase “v’yaged alav re’o” is adapted from Job 36:33.
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———————————————— The Negative Commandments ————————————————
abomination,” and second for (Deut. 13:18) “And nothing of the con-
demned thing shall stick to your hand.” Later the poet will mention this
[latter] prohibition (No. 220).
What he says, “And be fearful of the flame,” reflects the content of
the verse that says, “And you will be condemned like it.” It warns that
one should fear and dread from the flame that burns the wicked, both
idols and idolaters.
Also, “You shall not set up a pillar” (Deut. 16:22) is a prohibition
against making a pillar as a demonstration of honor, even for the pur-
pose of worshipping God, exalted be He, upon it, for this is the way of
the idolaters. And the scriptural expression is “You shall not set up a
pillar.” [This seems redundant.]
Also, “You shall not plant for you an asherah, any kind of tree” (ibid.,
v. 21) is a prohibition against planting any tree near the altar, as is the
practice of idolaters. According to what Rashi wrote in his Torah com-
mentary, there are two prohibitions involved. One is about planting an
asherah for idol worship, making the perpetrator guilty from the time of
planting. The other is planting a tree near the altar. And this is taught in
the Sifre that “you shall not plant for you an asherah (ibid.) [means that
the perpetrator] transgresses a prohibition. And [continues the Sifre]
how is it known that if one plants a tree or builds a house on the temple
mount, he transgresses a prohibition? It is from the expression (ibid.)
“any kind of tree near the altar of the Lord your God” So the meaning of
the verse would be “You shall not plant for you an asherah or any kind of
tree near the altar of the Lord your God” This is like the interpretation
that “you shall not make” (Lev. 19:4) and (ibid.) “not for you” are two
prohibitions contained in one negative statement, as we wrote above
(Stanza 7). But the later scholars (e.g. Maimonides’s Prohibition No.
13) considered it a single commandment, since it is a lav shebichlalut
[a single prohibitive statement encompassing more than one action.]78
This is counted as a single commandment unless there is another verse,
which applies specifically [to one of the several actions encompassed in
the lav shebichlalut verse). [An example is] the prohibition of (Lev. 26:1)
“And you shall not keep [takimu being understood as t’kaimu, keep] an
idol or pillar for you,” which is specific to keeping [idols] made by others,
78 This is taken up in depth in Maimonides’s ninth principle, and it is treated in The Puzzle of the 613
Commandments and Why Bother, chap. 27.
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———————————————— The Negative Commandments ————————————————
so that the other prohibition [“you shall not make molten gods for you”
(Lev. 19:4)], which is interpreted as being a lav shebichlalut prohibiting
both having idols made by others and making idols that others will
have] can remain as another [enumerated] commandment pertaining
to making [idols] for others.79 [This theory] is according to what was
made known in the principles and follows Maimonides. However, in
Nachmanides’s opinion, they would be counted as two commandments
[since he counts separately things that differ in nature, even if expressed
in as a single negative statement].
10. Turn away from a false report, or *The source for v’ha’amen
believing nonsense*; bashav in this stanza is Job
15:31, which reads “al ya’amen
And do not take in vain His precious bashav,” and this is translated
names. as “let him not trust in vanity.”
In line with this meaning, I
“You shall not carry a false report” (Exod. have translated our stanza
23:1) is explained in the Mechilta (Mishpatim v’ha’amen bashav as “or
20:196) as being a prohibition that a judge believing nonsense.” However,
Duran understands these
should not hear one of the litigants until his words in a positive sense, by
opponent is present. It is also a prohibition taking ha’amen as imperative
rather than infinitive. He
that the litigant should not tell his words to also gives the word shav the
the judge unless his opponent is present. This meaning of equality or fairness,
is so that they should not present false claims rather than meaning nonsense.
In fact, the normal spelling
to the judges. And in chapter 4 of Shevuot of shav is with an aleph at the
(31a), this is derived from (Exod. 23:7) “Keep end, whereas the passage in
Job spells it without the aleph,
far from a false charge.” Therefore, I wrote this and Duran understands this as
among the positive commandments (Stanza meaning equality or justice.
59) that this verse is an enumerated positive
commandment, and this is enjoined by both negative and positive state-
ments. Also included in this negative commandment is a prohibition
against telling malicious gossip and against receiving malicious gossip
and against testifying falsely, as is explained in Makkot (23a).
To this idea [expressed in the first paragraph], he attaches the words
v’haa’men bashav, i.e., when you turn away from a false report, you will
become trustworthy (ha’amen) and strong in fairness [taking shav to
mean equality, like shaveh] and in truthfulness. Because of this, he states
79 It seems that Perlow, in his notes, wants to say that the last sentence belongs in stanza 8. But I
believe that it makes sense right here as I have translated.
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— 230 —
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80 I don’t know why v. 19 is more instructive than v. 15 itself, since both verses mention “coming
near” as well as “uncovering nakedness.” Indeed, the text, as it appears in the Sifra, is worded
differently than that quoted by Maimonides and Zohar Harakia.
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Yevimto” (55b) that ha’ara’ah [the initial stage of intercourse] means en-
try of the corona into the penis, while gemar bi’ah [completion of inter-
course] means the actual intercourse. Anything other than this [states
the Gemara] is considered kissing and is not punishable [according to
Torah law]. Now, since it says “is not punishable,” it is seen that there
is no whipping administered on the basis of this prohibition of “coming
near,” [while Maimonides’s view is that it is punishable]. In my humble
opinion, I found a clear proof of this, which Nachmanides did not men-
tion, which is in Gemara Sotah, chapter “Arusah” (26b). [It speaks of a
married woman with another man, lying together] with limbs touch-
ing, [and calls this] lewd behavior, but this is not actually forbidden in
the Torah. It likewise says in chapter “He’arel” (Yevamot 76a) that a
woman having lesbian intercourse is considered as just lewd behavior
[i.e., not forbidden by Torah prohibition]. So it is apparent that there
is no prohibition about “coming near” from the Torah.81 But the baraita
(the Sifra quotation) on which Maimonides based his opinion is only of
an asmachta nature [not to be understood as the actual meaning of the
Torah], and the only prohibition against it [“coming near”] is rabbinic.
Or it might be in the category of being below the minimum prohibited
amount, which is prohibited by the Torah [though not punishable as the
minimum is]. Nevertheless, having this [i.e., the subminimum case] as
an enumerated prohibition would not be in accord with Maimonides’s
words.
What he says “Guard against it lest He be angered” is an extra cau-
tion, for on account of sexual misbehavior [divine] anger comes to the
world. This is what they said (Yerushalmi Sota 1:5) that every place that
you find sexual misbehavior, androlamusia [sometimes understood as
severe retribution] comes to the world. The meaning of androlamusia is
a government fighting force, as is mentioned in Yelamdenu (Tanchuma
in the portion Korach).82
But it is possible that he refers [by understanding the word af in this
stanza as connoting “nose” rather than “anger”] to the interpretation
of the sages that “do not commit adultery” (lo tinaf) [sounds like] lo te-
81 The last quotation from Yevamot does not seem relevant here, since there is no Torah verse
specifically prohibiting any aspect of lesbian sexuality.
82 The author of Ziv Hazohar says that he did not locate this source. See, however, Tanchuma, Korach
7, “v’oseh mimenu androlamusia.” This has nothing to do with sexual sinning, but this citation is
apparently only meant to support the idea that androlamusia means a military force.
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haneh l’af [do not please your nose], meaning that one should not make
it possible for his nose to enjoy this. This has been explained as meaning
that one should not smell perfume of a married woman (see Mechilta
of Rabbi Shimon bar Yochai, Yitro 14). The sages have also attached to
this that one should not become a broker for sexual immorality. For they
said in chapter “Kol Hanishba’im” (Shevuot 47b) that Shimon, son of
Rabbi Tarfon, said that there is a prohibition against one who induces
another to commit adultery; it is from lo tinaf (which can be vocalized
as) lo tanef [causative form].
Also, one must raise a question concerning the prohibition of being
alone with any of one’s sexually forbidden relatives, which is a Torah
law, as is stated in the second chapter of Avodah Zarah (36b) and in the
last chapter of Kiddushin (82b). [The question is] whether this is a sepa-
rate commandment, a prohibition derived from a positive statement,
i.e., from the interpretation that a man is allowed to be alone with his
mother, but not with any of the other forbidden relations in the Torah,
based on the verse (Deut. 13:7) “If your brother the son of your mother
entices you.” Or is it just a part of the regulations of the commandment
forbidding incestuous relations?
And you shall not strive to steal. Even though “You shall not steal”
(Exod. 20:13) mentioned in the Decalogue refers to kidnapping, as is
derived from the context [of other capital offenses, see Sanhedrin 86a],
the poet83 leaves kidnapping for later (Stanza 99) with capital offenses.
But here he records stealing property, which is actually forbidden by “lo
tignovu” (you shall not steal, Lev. 19:11), about which they said in the
Mechilta (Yitro 8) that it is the prohibition against stealing property.
Also, it is said in the Sifra (Kedoshim 2:23) that from the verse that says
“he shall pay double” [for a stolen animal] (Exod. 22:3), we have the pun-
ishment specified, but the prohibition is from lo tignovu (Lev. 19:11). His
use of the expression lo tishaf (you shall not strive) expresses desire. A
similar usage is (Job 7:2) “As a slave is eager (yishaf) for the shade.” This
is because a person’s soul yearns for robbery and illicit sexual relations.
And do not covet your neighbors. The Torah talks about desir-
ing (ta’avah) (Deut. 5:18) and about coveting (chemdah) (Exod. 20:14),
and these are two individual prohibitions. And thus is it stated in the
Mechilta (Yitro 8) that Scripture says (Exod. 20:14), “You shall not
83 Instead of “and the poet” in the printed edition, I here follow the MS “the poet.”
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covet,” and later on it says (Deut. 5:18), “You shall not desire,” indicat-
ing that one is separately guilty for desiring and separately guilty for
coveting. It also says that if a person desires, he will be led to covet,
since the Torah says, “You shall not desire” and “you shall not covet.”
And how do we know that if one covets, he is led to robbing? That is
indicated by (Mic. 2:2) “And they covet fields and seize them.” The mean-
ing of ta’avah is desiring in one’s heart, while the meaning of chemdah is
trying by whatever [nonviolent] means to bring the thought to action.
And so they said in the Mechilta (Yitro 8) about the verse (Deut. 7:25)
“You shall not covet (tachmod) silver and gold that is on them and take it
for yourself”; just as that verse means [that one has sinned] only when
he performed an action [“and take it for yourself”], so here [“you shall
covet” in the Decalogue] it is only when one takes action [that one bears
the guilt of coveting]. And if one’s [nonviolent] efforts do not succeed,
and one resorts to seizing forcibly, this is robbery. The expression [do
not covet your neighbors] is abbreviated; it would have been correct to
say, “Do not covet that which belongs to your neighbors.”
12. You shall not crush a person, whose blood I will seek out;
And you shall not set a trap to cause the blind to stumble.
I have already written that the poet organized his poem according
to the Decalogue; so here he wrote about “you shall not murder.” The
meaning of lo tenakesh is “you shall not crush,” like (Ps. 109:11) “Let the
creditor crush (y’nakesh) everything he has,” and the meaning is “you
shall not murder a human being.”
When he says “whose blood I will seek out,” its meaning appears to
be like (Ezek. 3:18) “I will require his blood from your hand [i.e., I will
punish the one who caused death]. It is similar to (Gen. 9:5) “I will re-
quire a reckoning of human life, of every man for that of his fellow man.”
But the commentator [ibn Tibbon] on the Azharot gave this plausible
interpretation that it means not to kill even one who deserves to die. It,
so to speak, means “You shall not crush, i.e., execute, a person whom I
want to kill, and whose blood I am seeking,” for [execution] is permitted
only to the court after witnesses testify before them. Even if the high
court witnessed the transgression, they are not allowed to put him [the
transgressor] to death; but they must bring him before [another] court,
and they must give their testimony, and the other court may put him to
death. This is included in the verse (Num. 35:12) “The manslayer shall
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not die until he stands before the congregation for judgment.” And the
Mechilta says that one might have thought that they could execute a
person who murdered or committed adultery; therefore, Scripture says,
“The manslayer shall not die until he stands, etc.” Also, it says that one
might have thought that if the congregation saw a person committing
murder, they could kill him without having him stand before the court;
therefore, it states, “The manslayer shall not die until he stands before
the congregation for judgment.”
And you shall not set a trap to cause the blind to stumble. The pro-
hibition (Lev. 19:14) “You shall not put a stumbling-block before the
blind,” includes many things. They said in the Sifra (K’doshim 35:14)
in explaining this prohibition that [it means] that if a person is blind
concerning some matter and wants to get your advice, do not give him
advice that is not appropriate. Also, it states that if one causes another
person to sin with something that he knows is forbidden, but gives it to
him as if it were permissible, he violates “You shall not put a stumbling-
block before the blind.” Concerning this, they stated (Niddah 57a) that
the Samaritans do not observe the law, “You shall not put a stumbling-
block before the blind [in the sense of giving misinformation leading
people to sin].” Also, it is forbidden to assist someone who is transgress-
ing against the words of the Torah by providing him with a forbidden
thing. Concerning this, it says (Pesachim 22b) that if a person gives a
cup of wine to a Nazirite or a limb from a live animal to a descendant
of Noah, transgresses “You . . . before the blind.” Also, if one strikes
his grown son, he transgresses this law [since the son might strike him
back, which is forbidden], as is found in Moed Katan (17a) in the hap-
pening concerning the servant woman of Rabbi Judah the Prince [who
excommunicated a man who was beating his grown son]. Also, both a
lender and a borrower, who are involved with interest, transgress this
law (Bava Metzia 75b), since they are abetting each other.
13. You shall not testify falsely, and do not oppress an orphan;
And your land shall not fall into harlotry, as in foreign
countries.
The prohibition against false testimony is among the words of the
Decalogue (Exod. 20:13), and this is the prohibition corresponding to
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84 These are witnesses whose testimony is shown to be false, and who are subject to the same
punishment that their testimony would have caused to the accused. The punishment is stated
in Deut. 19:19, but every punishment must be related to an express prohibition. In this case, the
expression is in Exod. 20:13.
85 It seems that he meant to insert this as one of the 365 prohibitions. It indeed appears as a
commandment (no. 18) in the list preceding the text. However, in the account at the end of the
book, where Duran discusses his enumeration, I do not find this commandment mentioned.
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14. Do not wrong the stranger, and you shall not build of hewn
stones;
And you shall not bear witness in a dispute, inflaming the
contenders.
After completing [the commandments in] the Decalogue, the poet
adheres to the order of the Torah portions [in a rough way]. So he said,
“You shall not build of hewn stones” (at the end of Yitro), and thereafter
[other commandments] in the Sedra of Mishpatim, as he encountered
them, with exceptions as required by the rhyming.86
He begins, “Do not wrong the stranger.” Now, this wronging refers to
wronging with words. So it is said in the Mechilta (Mishpatim 18, 178,
86 The first two commandments in the stanza are actually in reverse order in the Sedra.
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20) that “do not wrong the stranger” means with words. It explains in
the Sifra (Kedoshim 82, 2) that you should not say to him “Last night,
you were an idol worshipper, and now you have entered under the
wings of the Shechinah.” Even as we are prohibited concerning wrong-
ing a converted stranger, similarly, there is another prohibition which
is counted regarding a stranger who escaped [from outside Israel] to
the Land of Israel, as it is said (Deut. 23:17), “With you, in your midst,
he shall dwell . . . where it is good for him; you shall not wrong him”
(Sifre, Tetze 125, 17).
And you shall not build of hewn stones, i.e., one should not build
an altar of hewn stones that were touched by iron, and so it was ex-
plained in the Mishnah, Tractate Middot (3, 4). The scriptural verse says
(Exod. 20:22) “You shall not build them of hewn stones, for if you lift
your tool on it, you have profaned it.”
And you shall not bear witness in a dispute (Exod. 23:2). The
intention of the poet is that this is similar in content to (Prov. 25:8) “Do
not go forth quickly to a quarrel” and to “A person should be one who
hears himself being verbally attacked and does not reply” (Gittin 36b);
for if one does not answer back in a quarrel, [the result is that] “When
there is no whisperer, contention ceases” (Prov. 26:20).87 If one does
answer back, this “inflames the contenders,” i.e., the dispute between
them will be aggravated.
But the sages interpreted this (Exod. 23:2) as meaning that a judge
should not tend toward the opinion of one of his colleagues and verbally
express what he does not believe in his heart, veering toward the opinion
of his colleague. And thus says the Mechilta (Mechilta of R. Shimon bar
Yochai, Exodus 23) that “you shall not answer in a dispute to turn aside”
means that you should not say at the time of voting “It is good enough
if I would vote like such a one,” but say how it seems to you. Another
thing learned from this verse is that if one expresses innocence [for the
accused], he should not later express guilt. And also [it is learned that]
it is permitted to reopen the case [if the accused was found guilty, and
then new evidence was found] for exoneration, but not to reopen [from
innocence to] guilt. Also, [it is learned, by reading the word riv, a quar-
rel, as rav, a chief] that one does not begin [in the order of voting by the
87 In this reading of Ex. 23:2, the word ta’aneh is taken to mean “answer back,” rather than “bear
witness.”
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panel of judges] with the chief, since the word for quarrel, riv, according
to its spelling [can be vocalized] as rav (chief). All of this has to do with
capital cases, as is explained in Mishnah Sanhedrin (4, 1).
15. You should not curse elohim, and you shall not profane His
name;
And you shall not glean your vineyard, nor gather fallen fruit
of the harvest.
This is a prohibition against cursing judges, as mentioned in Sanhedrin
(66a). There is in this verse (Exod. 22:27) another prohibition, about
blaspheming His name, blessed is He. This is an enumerated prohibi-
tion according to what they stated in the Mechilta (Mishpatim 19, 188)
that the punishment for this we hear from the verse (Lev. 24:16) “And
whoever blasphemes the name of the Lord shall surely be put to death.”
Where [continues the Mechilta] is the prohibition expressed [since it is
always assumed that if something is punishable, there must somewhere
be a prohibitive statement]? It is from (Exod. 22:27) “You shall not curse
elohim [that word means judges, but it can also refer to God].” It also
states there (Sanhedrin 66a) that “you shall not curse elohim” is a prohi-
bition against blaspheming His name, blessed is He. In the Sifra (Emor
19, 243) it is stated that [blaspheming] with the special name incurs the
death penalty, but with other synonyms, it is just a transgression of a
prohibition.
Now, Maimonides did not consider it far-fetched to count this prohi-
bition as two commandments, since Scripture separates them with re-
spect to their punishments. So this is not a lav shebichlalut [a generalized
prohibition which Maimonides usually counts as a single command-
ment]; since the punishment is explicit, the fact that the prohibition is
combined with something else is only due to the principle that there is
no punishment without a prohibition. It is not a lav shebichlalut unless
there does not exist in any other place [a separate mention] besides in
the combined prohibition, and thus have I written in the Principles.
And you shall not profane His name. The prohibition (Lev. 22:32)
“You shall not profane My holy name” means that a person should not
perform a transgression nor do any act by which the divine name will be
profaned. For instance, in a time of religious persecution, even one who
is coerced [to sin] profanes the exalted name. Also, in a time when there
is no persecution, if one publicly renounces divine authority, intending
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to rebel against the Holy One, blessed is He, [one violates this com-
mandment]. Also, if a person who has a reputation for proper behavior
does something unseemly [though not an actual transgression], he is
guilty of profaning His name.88
And you shall not glean your vineyard. These are the small clus-
ters that have no “shoulder” [grapes from side stems] and “dripping”
[grapes from the central stem]. These must be left for the poor. They
are called olelot (young children), as in (Lam. 2:11) “young children and
sucklings,” since they are to full-grown clusters as small children are to
adults.The fallen fruit of the harvest. This is a separated prohibition, i.e.,
that one should not pick up grapes that fall during the harvesting.
16. You shall not delay your taking your harvest fullness or your
liquid;
And do not oppress your neighbor, and do not postpone vows.
The use of the expression “your taking” (b’vitzacha) means [taking]
in the manner of robbery, as in (Ps. 10:3) “And the exploiter (botze’a)
blesses.” This expression b’vitzacha is used for enhancing the poem
[since it is used for rhyming]. But the prohibition m’le’atcha v’dimacha
lo t’acher (Do not delay your fullness of harvest and the flow of your
presses; Exod. 22:28) applies even when one does not intend to rob. The
meaning of this prohibition is explained in the Mechilta (Mishpatim 19,
189, 28) that one should not remove terumah before first fruits from
produce nor should one remove second tithe before the first tithe [alter-
ing the correct order of separation]. If one transgresses this prohibition,
he is not punished by whipping, as is mentioned in the first chapter of
Temurah (4a). It also states in the Mishnah, tractate Terumot (3, 6) that
[although separating these portions in incorrect order is forbidden, if
one did so], the separation is valid.
And do not oppress your neighbor (Lev. 19:13) is when one with-
holds payment for a hired laborer. Thus is it explained in the Gemara
Bava Metzia, Chapter Hamekabel (111a) and in Chapter Haparah (?)
and in Chapter Oto V’et B’no (?). Furthermore, anyone holding on to
money rightfully belonging to his fellow transgresses this prohibition
(Sifre Tetze 145, 14).
And do not postpone fulfilling vows (Deut. 23:22). One has
88 These various cases are not clearly delineated here. See Maimonides’s Prohibition No. 63.
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transgressed this vow only after three festivals have passed, as is stated
in Rosh Hashanah (6a).
17. And do not curse the deaf, for the violence done to him will
be sought;
And the plowman shall not hitch oxen with donkeys.
This prohibition is against cursing anyone in Israel. But Scripture
(Lev. 19:14) mentions the deaf in particular, since [this is forbidden]
even though [the deaf person] is not pained by the curse since he does
not hear it; so much more [is it forbidden to curse] one who hears and
is pained. But since a transgression from a kal v’chomer is not a valid
basis for punishment, the rabbis (Mechilta Mishpatim 19, 188) had to
include [this prohibition of cursing] any Israelite from the word “of your
people” (Exod. 22:27, “And you shall not curse a ruler of your people”).
As it is said in the Sifra (Kedoshim 34, 13) that [from Lev. 19:14] one
would think that it applies only to the deaf, and [its applicability] to
other people is from “You shall not curse . . . of your people.” Then why
[continues the Sifra] does Scripture (Lev. 19:4) state [particularly] the
deaf person? [It is to imply] that the law applies to a deaf person who is
alive, but excludes cursing a corpse, who is not alive. [Note that] one is
not punishable for cursing unless he uses the divine name.
The expression “The violence done to him will be sought” means that
you should not think that, since he does not hear, “What can he do to
me?” For the Holy One hears and exacts retribution for his injury and
will take vengeance from the one who curses. This is why it says (Lev.
19:14) “And you shall fear your God”
And the plowman should not hitch oxen with donkeys. One
should not combine two species of animal for any kind of work: plowing,
threshing, hauling wagons, and similar things. Now, Maimonides wrote
(Sefer Hamitzvot, Prohibition No. 218) that one is punishable by whip-
ping only if one [of the two animals] is a clean animal and the other is
an unclean animal. But I have not seen such a thing anywhere. Rather in
chapter five of Bava Kamma (55a) and in Chapter Oto V’et B’no (Hullin
79a), they clearly stated that it is forbidden to use any two species, even
if both are unclean or both are clean animals. Also in the Mishnah,
Tractate Kila’im (8, 2), we learned that unclean with unclean and clean
with clean [are forbidden to work together]. Maimonides explains this
Mishnah that it means forbidden by rabbinic law [but not punishable as
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18. Do not oppress your hired worker, and do not glean your
harvest;
Do not muzzle your ox while he threshes the sheaves.
Even though two prohibitions are written regarding oppression,
“You shall not oppress your neighbor” (Lev. 19:13) and “You shall not
oppress your hired laborer” (Deut. 24:14), they are enumerated as only
one prohibition, as is known from the Principles (No. 9), and I have al-
ready explained above (Stanza 16) the meaning of “oppression.”
And do not glean your harvest (Lev. 19:9 and 23:22) is a prohibi-
tion that one should not pick up the ears of grain that fall at harvest
time but should leave them for the poor.
Do not muzzle your ox while he threshes the sheaves (Deut.
25:4). They have already said in Chapter Haparah (Bava Kamma 54b)
and in Bava Metzia (89a) that this applies to an ox and other animals
as well, and to threshing and other work as well, but Scripture speaks in
terms of the usual case. Muzzling means preventing its eating, and even
if one verbally muzzles it, he transgresses this prohibition.
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20. You shall not bear the guilt for one who intends to sin;
And you shall not think hatefully of him, as for hatred of
enemies.
He says that if one’s heart intends to do evil [libo m’lao meaning de-
termination to do evil is based on Esth. 7:5] and whose passion incites
him to commit a transgression, “You shall not bear his guilt” (Lev. 19:17)
by rebuking him in a way that shames him. Thus is it in the Gemara
Arakhin (16b) and in the Sifra (Kedoshim 43). One might think that
“you shall surely reprove your neighbor” (Lev. 19:17) applies, even if
he reproves him so that his face is altered [by public embarrassment];
therefore, Scripture says, “You shall not bear his guilt.” From here, the
rabbis said (Bava Metzia 59a and Avot 3:15), “He who publicly blanches
the face of his fellow in shame has no share in the world to come.”
89 Maimonides in Principle 9 says that when Scripture has two prohibitory statements that concern
essentially the same topic but which complement one another, they should not be counted
separately. Thus, not harvesting a portion of a grain field and not harvesting a portion of the fruit
of the tree are counted as one commandment, not two.
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And you shall not think hatefully of him. He says this since the
Torah (Lev. 19:17 “You shall not hate your brother in your heart”) only
forbids hatred in one’s heart, as stated in the Sifre (Kedoshim 42) and
Gemara Arachin (16b).
As for hatred of enemies. The Torah only forbids hatred between
enemies because of [personal feelings of] enmity. But if one is guilty of
transgression, though there are no witnesses to bring him to court, then
it is one’s duty to be hateful, as it is said (Prov. 8:13) “Fear of the Lord
*There, it is supposed that is to hate evil.” In this way, it says (Exod. 23:5)
when the Torah speaks “When you see the donkey of your enemy, etc.,”
of “your enemy,” it must
as is noted in the Gemara Pesachim (113b).* Arim
refer to someone who is
guilty of transgressions, [the last word in the stanza] means enemies, as in
since otherwise, it is (1 Sam. 28:16) “And he became your ar,” i.e., your
forbidden to be hateful.
enemy.
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22. You shall not keep angry grudges, and you shall not consult
ovot;
And fathers shall not be put to death on account of their
children, nor children on account of their parents.
Also there (Yoma 23a, which was previously quoted regarding taking
vengeance in Stanza 21), they spoke about one who says to a person,
“Lend me your sickle,” and he did not lend it to him. Later, that person
says, “Lend me your spade,” and he replies, “Here, take it, I am not like
you.” One is forbidden (to act thus), since, although he did not take ven-
geance [by refusing to lend the spade], he nevertheless carried the anger
in his heart.
You shall not consult ovot. There are two enumerated prohibi-
tions, i.e., not to consult an ov, and not to consult a yidoni. The verse
that prohibits this is (Deut. 18:10–11) “Let no one be found among you
who . . . consults an ov or yidoni.” A person who consults [an ov or yidoni]
is not punishable by death, but he has transgressed a prohibition. The
Sifre proclaims that that an ov is [a sorcerer] where speech comes from
his armpit, and a yidoni has speech come from his mouth; these are
punishable by death, [i.e., the practitioners]. But he who consults them
transgresses a prohibition [which is punishable by whipping]. [The ov
and yidoni] are counted as two [commandments], as is known from the
Principles (No. 9).
And fathers shall not be put to death on account of their chil-
dren, nor children on account of parents. They explained in the Sifre
(Tetze 147, 16) and in Sanhedrin (27b) that this is a prohibition against
relatives testifying about each other, whether regarding guilt or inno-
cence, and whether civil or criminal cases. Since “parents” (horim) refers
to father and mother, the expression is abbreviated and inaccurate, for
a woman’s testimony is invalid whether she is a relative or not. It would
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have been more proper to say that parent cannot be put to death [by
their child’s testimony], nor can children be put to death by [testimony
of] fathers. Even this would still be abbreviated because it still does
not specify according to whose testimony parents are not to be put to
death. It is possible to improve the sense of his words according to the
statement in the Gemara (Sanhedrin 28a) that [one can include in the
words parents shall not be put to death] that parents’ testimony against
each other is invalid, i.e., testimony of brothers against each other is
invalid, since they may be termed fathers. The meaning would be that
a brother and his children could not be put to death by the testimony
of the brother, or by the uncle, who is a different generation. The two
prohibitions contained in this verse (Deut. 24:16) constitute a single
[enumerated commandment], for they are complementary, as is known
from the Principles (No. 9).
— 246 —
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— 247 —
———————————————— The Negative Commandments ————————————————
90 In Nachmanides’s critique of Maimonides’s Prohibition No. 28, he again opposes the inclusion of
a separate commandment based on the rendition of “listening” rather than “obeying”; however, he
does find some justification for Maimonides’s inclusion.
— 248 —
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25. Do not covet their silver, and you shall not stand idly by
blood;
And quit the habit of swearing falsely.
The prohibition of “You shall not covet the silver or gold that is on
them” (Deut. 7:25) means that one may not have any benefit from deco-
rations on a heathen deity, as is made clear in Gemara Sanhedrin (source
not identified) and likewise in the Sifre (Lev. 17:9) and in Avodah Zarah
(51b). They said that “with them” (in Deut. 29:17) and “on them” (in
Deut. 7:25) are comparable; just as the latter refers to forbidden decora-
tive objects on them [idols], so the former forbids decorative objects.
But Nachmanides (on Prohibition No. 194) holds otherwise, since the
verse (Deut. 7:26) “You shall not bring an abomination into your house”
[which follows “You shall not covet, etc.”] cannot include decorations on
idols, [the word abomination here] meaning not the decorations, but the
idol itself. However, this is not what Maimonides wrote.
And you shall not stand idly by blood is a prohibition against
being disinterested as to rescuing a person who needs our help. Also,
it says in the Sifra (Kedoshim 41, 8), “Whence is it known that if you
know testimony, you are not permitted to be silent? It is from the verse
(Lev. 19:16) ‘You shall not stand idly by the blood of your neighbor.’
And whence is it that if you see someone drowning in a river, or being
attacked by robbers or by a wild beast, that you have to save him? It
is from ‘You shall not stand idly by the blood of your neighbor.’ And
whence is it known that if a person is pursuing another to kill him, you
— 249 —
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must save him even at the cost of his [the attacker’s] life? It is from ‘You
shall not stand idly by the blood of your neighbor.’” As to the matter of
suppressing one’s testimony [the first case in the previous quotation]
there is an additional prohibition, namely (Lev. 5:1), “If he does not tell
it, he bears his iniquity.”91
And quit the habit. Scripture says (Lev. 19:12), “And you shall not
swear in my name falsely.” It is explained in the Gemara Shevuot (21a)
that there are two kinds [of oath] that [are further divided] into four: [I
swear that] I will eat, I will not eat, I ate, I did not eat. The grammatical
form of “quit” (hechadel) is imperative in the niphal (passive) structure.
Therefore, the poet has been criticized about this, since this verb does
not occur [in the Bible] in this structure. [The similar-looking word in
Ezek. 3:27] “He who desists (hechadel) is a noun derived from the active
verb form, the letter he [in hechadel] being the definite article. [The poet]
is saying that one should not have the habit of false swearing, as ex-
pressed by the verse (Jer. 9:4) “They taught their tongues to speak lies.”
26. Keep my laws at the door, and do not show preference to the
poor,
And desist from taking interest with raising values.
He alludes to the biblical expression (Ps. 141:3) “Keep watch at the
door of my lips.” The phrase is abbreviated, since it should have said, “at
the door of your lips” [not just “at the door”]. The word dal has the same
meaning as delet (door), for the tav of delet is just a feminine ending. He
[the poet] is urging that one should keep the law of God at the doorway
of his lips, and one should be careful with his words, “lest from them the
people would learn to lie” [this phrase from Avot 1:9 seems to be not apt
here]. One should always remember not to show preference for a poor
person in litigation, as it says (Exod. 23:3) “You shall not favor a poor
man in his cause.” They explained in the Sifra (Kedoshim 37, 2) that you
[the judge] should not say, “This man is poor, and since both I and the
rich man are obliged to sustain him, I will decide in his favor, so that he
can sustain himself readily,” since the Torah says (Lev. 19:15) “You shall
not favor a poor man.” Similarly, they said in Gemara Ketubot (84a) that
one does not show compassion in law.
— 250 —
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27. And with the commandment of “do not subvert” take heed
lest you go astray;
And the law of the subverted orphan, or widow, or stranger.
In the Mechilta (209, 6), it is explained that the needy person, of
whom it is said (Exod. 23:6) “You shall not subvert the cause of your
needy in his dispute,” means an Israelite who is sinful and is needy of
merits. This is their statement there: “If a wicked person and a virtuous
person are standing before you [a judge] in judgment, you should not
say [to yourself)] ‘Since this person is wicked, I will turn the judgment
against him.’ For the Torah says, ‘You shall not subvert the cause of your
needy in his dispute.’” The poet addresses the *With regard to the remainder
judge that he should observe this law and not of this section, there are
deviate from it or go astray, for a pious judge disturbing difficulties. The
Yad Halevi, in his commentary
can think that he would be near to God’s inten- on Maimonides’s Prohibition
tion in this [by wrongly punishing the wicked No. 280, says that the
words of the Zohar Harakia
person], and therefore, he warns that the on this stanza are strange
Blessed One does not want a wrongful deci- and confused on account of
sion, even against a wicked person.* editorial errors. One difficulty
is that Deut. 24:17 does not
The law of the subverted orphan is an- prohibit subverting judgment;
other commandment, which is not to subvert it only states “convert and
orphan”! Likewise, in the
the judgment of an orphan, widow, or con- Zohar Harakia’s discussion
verts. He refers to the orphan as subverted on Principle No. 9 (p. 29, col.
(muteh), for he is heartbroken and depressed, 1), the verse is also wrongly
quoted, although in the list
and on that account, the Torah has an addi- of commandments at the
tional prohibition against wronging him, and beginning, the widow is
omitted.
likewise, the convert and the widow who are
— 251 —
———————————————— The Negative Commandments ————————————————
92 It seems like the word muteh is assumed to have the nuance of dejected as well as subverted. The
adjective muteh was applied specifically to the orphan, rather than the widow or converts, because
in that masculine singular form it fits the rhyming requirements.
93 This is also a curious statement about Nachmanides’s view. In fact, Nachmanides on Principle
No. 9 seems to have the idea that in such an instance the parts should counted as separate
commandments. In fact, he does not divide the convert and the orphan in his version of the
enumeration of the commandments, so this seems like an inconsistency in his methodology.
— 252 —
———————————————— The Negative Commandments ————————————————
28. And do not take a bribe, and one person should not testify,
And you shall not eat the life and the flesh together.
The prohibition of bribery applies even though one did not subvert
the judgment. Thus, they stated in the Sifre (Shofetim 3) that the verse
(Deut. 16:19) “You shall not take a bribe” even to decide in favor of the
innocent and against the guilty. And in Ketubot (105b), they say that
even bribery [not in the form of a gift, but in the form of] service is
forbidden [i.e., if a judge receives some favor or service from a person,
and then he is informed that this man is going to appear in a court case,
he should not try that case], but this is just by way of piety [i.e., not
actually a Torah law].
Know that Maimonides includes in the enumeration of the com-
mandments a prohibition (No. 294) that a judge should not punish a
person who was forced to [transgress]. He brings proof from what is said
in Sanhedrin [actually Nedarim 27a] that the Merciful One excuses one
who is forced, as it is said (Deut. 22:26) “But you shall do nothing to the
girl.” Nachmanides, however, disagrees with him. He claims that if this
were a prohibition, it [the Talmud] would have said, “The Merciful One
prohibits this” [rather than saying that the person is excused from pun-
ishment]. But this verse is not a prohibition, but a negative statement,
namely that one who is forced is excused. And thus did they say in the
Sifre (Tetze 106): “The words but you shall do nothing to the girl teaches
us that Scripture makes her not subject to the death penalty. How is it
known that she is even excused from a sin offering? It is from the words
a sin worthy of death [the use of the word sin suggesting an allusion to
a sin offering].” Thus, all who are forced are exempt [from any punish-
ment], and since they are exempt, there is no need to prohibit [punish-
ing] them with a specific negative commandment, for we are prohibited
(Maimonides’s Prohibition No. 289) against spilling innocent blood.
And one person should not testify. Maimonides (Prohibition No.
288) explained that this is a prohibition against a court deciding a case
on the basis of one witness. The Prohibition is (Deut. 19:15) “A single
94 Perlow, in his notes on this stanza says that the two cases are not similar. For in our situation, we
have two cases, i.e., convert and orphan combined in one statement, whereas in the situation of
“wronging” there are two verses (Ex. 22:20 and Lev. 19:33) both of which apply just to the convert.
— 253 —
———————————————— The Negative Commandments ————————————————
witness may not validate against a person, etc.” Apparently, the witness
is prohibited from this [i.e., the prohibition rests on the witness as well
as on the court], as it states in Pesachim (113b), “Tuviah sinned and
Zigud is punished!” [This was Zigud’s complaint to the court], since Rav
Pappa had Zigud punished for having brought testimony as a lone wit-
ness against Tuviah. A lone witness is valid only in certain instances
[where such a witness is sufficient] to require [the accused] to take an
oath [of denial]. And it also applies to a suspected adulteress [Mishnah
*The Mishnah (Sotah
Sotah 6, 2 states that a single witness to a woman’s
9, 8) states that if marital infidelity is valid to the extent that she is to
one witness says be divorced without receiving her Ketubah money],
that he saw the
murderer, this is and the case is not settled by having her drink [the
valid to the extent sotah’s water]. And it also applies to the heifer whose
that this is no
longer considered
neck is broken.* And it also applies to certain pro-
a case where (Deut. hibited things for which the Torah trusts him [the
21:1) “The identity lone witness who testifies as to the permissibility
of the murderer
is not known” of otherwise doubtful things]. The sages made him
applies. Hence, this [the lone witness] valid to permit an agunah to marry
witness prevents
this ceremony of
[e.g., he testifies that the agunah’s former husband
breaking the neck. died]. These laws are scattered in various places in the
Orders of Nashim and Nezikin.
Nachmanides in his enumeration added the prohibition that is writ-
ten (Deut. 17:6) “He shall not be put to death on the testimony of a
single witness.” For it says in Chapter Keitzad Ha’eidim (Makkot 6b),
“What is the meaning of ‘He shall not be put to death by a single wit-
ness’? If it should be construed as meaning actually just one person, [this
is not reasonable, since] this has already been made clear by the first
part of the verse. But it means to exclude [validating] two persons who
witnessed [a crime], one from one window, and the other from another
window, the two not seeing each other, for they cannot be joined [as a
pair of witnesses].” But I think that in this matter there is no additional
prohibition. From the Talmudic text, it appears that it only means to say
that they cannot be joined in the same sense as (Lev. 19:20) “They shall
not be put to death, for she has not been set free,” as we explained in
the Eighth Principle [i.e., in both cases, “They shall not be put to death”
is not a prohibition, but a negative statement, that under the specified
circumstances, capital punishment does not apply]. Since [the two wit-
nesses here] cannot be joined [into a pair], each one is considered a lone
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———————————————— The Negative Commandments ————————————————
witness. And regarding a lone witness it was already stated (Deut. 19:
15) “A single witness may not validate,” which is a prohibition against
any kind of lone witness.
And you shall not eat the life and the flesh together is a prohibi-
tion against eating a limb from a live animal. And the expression in the
Sifre (Re’eh 43) is “The verse (Deut. 12:23) is ‘You shall not eat the life
with the flesh’ refers to a limb from a living animal.’” If it is not an entire
limb, there is another prohibition that applies, i.e., it is included in the
scope of (Exod. 22:30) “You shall not eat the meat of a beast that was
torn in the field.” And likewise, they stated in Chapter Gid Hanasheh
(Chullin 102b), “If one eats a limb from a live animal, he transgresses
two prohibitions.” And I will later (Stanza 30) mention this prohibition.
29. And you shall not covet robbery, which darkness will seize;
And do not eat a carcass, or idolatrous offerings.
Since coveting leads to robbery, and a person’s soul attracts him to
it [robbery], as I mentioned before (Stanza 11, Prohibitions), he speaks
of coveting with regard to robbery. He says that one should not covet it,
for in the end, “Darkness will seize it” (Job 3:6), “For in vanity it comes,
and it goes away in darkness” (Eccl. 6:4). And the meaning of robbery
is taking the property of one’s fellow in his presence by force, as the
sages deduced (Bava Kamma 79b) from the Scripture (2 Sam. 23:21),
“And he robbed the spear from the hand of the Egyptian.” This prohibi-
tion “You shall not rob” (Lev. 19:13) is included in the enumeration,
even though it is only needed to cover the situation of one who wrong-
fully withholds payment due to a hired worker. For actual robbery is
understood to be forbidden by its similarity in nature [binyan av] to [the
prohibition of] exacting interest and wronging in business, and this is
indicated in Chapter Eizehu Neshech (Bava Metzia 61b). Nevertheless,
it [robbing] is counted as a separate commandment, not merely being
included as part of the prohibition against oppression (Lev. 19:13), even
though they say this in Chapter Ham’kabel (Bava Metzia 111a).95 For
all oppression is considered robbery, but not all robbery is considered
95 In that reference, they discuss the overlapping as well as the difference between the prohibitions
of not robbing (lo tigzol) and not oppressing (lo ta’ashok). One of the rabbis, Rava, claims that the
two terms refer totally to the same actions, but are repeated owing to the gravity of these offenses.
The Zohar Harakia appears not to follow this opinion, even though Rava’s opinions are usually
considered authoritative, since he lived at the end of the Talmudic period.
— 255 —
———————————————— The Negative Commandments ————————————————
oppression. Indeed, they stated (Sifre Shoftim 86, 14) that one who
displaces a boundary line marker outside the Land of Israel transgresses
the prohibition against robbery.96 Regarding restitution [of wrong-
fully held property], Scripture counts both [robbing and oppressing as a
single commandment from the verse (Lev. 5:23)] “And he shall give back
the thing that he robbed or the thing obtained by oppression.”*
*This was previously There is within the topic of taking one’s neigh-
stated in the Positive bor’s property without permission, a prohibition
Commandments, Stanza
22. There, the Zohar
to a worker [in his neighbor’s fields] not to eat
Harakia clearly says that [from the produce of the field] more than what
returning an article gotten the Torah allows him. Maimonides counts this
by robbery and gotten by
oppression is counted as as two commandments (267 and 268). The one
one commandment. The is (Deut. 23:26) “You shall not put a sickle,” and
words of the Hebrew text
here are to be counted as
the second is (ibid., v. 25) “You shall not put any
two commandments. I into your vessel.” For each of these prohibitions
conjecture that the text has a meaning distinct from the other. The one
here is incorrect, and I
have translated according prohibits harvesting with a sickle, and the other
to this assumption. prohibits more than he can eat.
And you shall not eat a carcass, i.e., if
it died naturally or became unfit during the slaughtering process.
Concerning this, Scripture says (Deut. 13:21) “You shall not eat any
carcass.” And there is another prohibition, not mentioned by the poet,
which is not to eat the meat of an ox condemned to be killed [for killing
a person], even though he was properly slaughtered. For they said in the
Mechilta (Mishpatim 10, 100) concerning the verse (Exod. 21:28) “And
his flesh shall not be eaten,” that an ox who was about to be stoned, and
his owner slaughtered him beforehand, is forbidden for eating. This is
also mentioned in Bava Kamma (41a) and Kiddushin (56a).
Or offerings unto demons. Idolatrous offerings are forbidden by
the Torah, as is explained in Chapter Merubah (Bava Kamma 71a) and in
Chapter Hashochet (Chullin 40a). The prohibition is from what is writ-
ten (Exod. 34:15) “And he will call to you that you eat of his sacrifice.”
And it is also written (Ps. 106:28) “And they joined themselves to Baal
Peor and ate sacrifices of the dead.” And they interpreted [the phrase
96 The general question concerning the enumeration of redundant prohibitions is dealt with by
Maimonides in his Ninth Principle. If two prohibitive statements have equal content, Maimonides
would ordinarily reject counting them as two distinct commandments. He apparently does not
think that “not robbing” and “not oppressing” have the same content.
— 256 —
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— 257 —
———————————————— The Negative Commandments ————————————————
— 258 —
———————————————— The Negative Commandments ————————————————
4, 6) and wrote that one who eats them is whipped by Torah law.97
Even though the simple meaning of the verse concerns a terefah torn
to death by a lion [this being the literal meaning of terefah], as stated in
the Mechilta (Mishpatim 20, 194) that Scripture speaks in terms of the
commonplace case, the rabbis nonetheless received the tradition that
this verse includes any illness from which the animal would die. Also,
they said concerning the phrase (Exod. 22:30) “Torn by beasts in the
field” that included in this, according to the Gemara (Makkot 18a), is
anything that has gone out of its proper boundary, e.g., sacrificial meat
out of its proper boundary, or paschal meat that has gone out from its
assigned group, or the limb of a fetus that extended its hand before
slaughtering [its mother], and then retracted it, all these are forbidden.
This is because of the verse (Exod. 22:30) “You shall not eat meat torn
by beasts in the field,” as is mentioned in Chapter Behemah Hamakshah
(Chullin 68a). The same applies to flesh detached from an animal dur-
ing its life, as mentioned in Chapter Gid Hanasheh (Chullin 102b). And
flesh hanging loosely from an animal is rabbinically forbidden for this
reason, as mentioned in Chapter Ha’or V’harotev.
Or a rejected abomination. This says that one may not eat a re-
jected abomination, which is from His word, exalted is He (Deut. 14:3),
“You shall not eat any abomination.” They said in the Gemara Chullin
(114), “Everything that I have made abominable to you is forbidden by
‘You shall not eat.’” This includes many things. In the Sifre (Re’eh 93, 3),
they said that Scripture refers to blemished dedicated meat. [The Sifre
continues that] Rabbi Eliezer ben Yaakov said that if one slit the ear of
a firstborn animal [thus making it unfit for sacrificial use], and he ate
of it, he transgresses the prohibition “You shall not eat any abomina-
tion.” The explanation of this matter is that the Torah forbids making
a blemish on a dedicated animal, as explained in Bechorot (33b) and
97 The actual wording in Maimonides’s Prohibition No. 181 is that one who eats a terefah listed by the
rabbis is whipped by rabbinic law (lokeh mid’rabbanan), which implies that he is not punished with
the whipping prescribed by the Torah, but with the rabbinic whipping, makkat mardut. Indeed,
Nachmanides, in his critique of Maimonides’s Second Principle, also disagrees with Maimonides’s
statement in Prohibition No. 181 that whipping by Torah law does not apply to the terefahs listed
by the rabbis. He also says that Maimonides’s opinion in the Mishneh Torah is different. But the
Megillat Esther on the Second Principle claims that Maimonides’s Mishneh Torah statement is
in agreement with his words in Prohibition 181; for the words lokeh mid’rabbanan do not imply
rabbinic whipping, but lokeh means whipping by Torah law, and the word mid’rabbanan here
means that, although the prohibition has the full force of Torah law, its validity is made known by
rabbinic tradition, rather than from the actual words of the Torah.
— 259 —
———————————————— The Negative Commandments ————————————————
in Gemara Yom Tov (Betzah 27b), as it is said (Lev. 22:21) “There shall
be no blemish therein.” So if one transgresses that prohibition, he has
done an abomination, and thus the poet adjures that one should not eat
such an abomination. Since it is forbidden to offer this as a sacrifice, he
calls it a “rejected abomination.” Since in all other cases where the Holy
One, blessed is He, has considered something an abomination, there is
a specific prohibition against eating it, this prohibition (Deut. 14:3) is
only needed for dedicated things that have become unfit. Therefore, this
is separately enumerated since there is no other prohibition for them
[unfit dedicated things].
And you shall not make the ephah small. The poet uses the lan-
guage of Scripture (Am. 8:5) “Making the ephah small and the shekel
great.” And they said in Gemara Bava Batra (90b), “Those who corner the
market on fruits [artificially forcing scarcity and high prices, the Gemara
text here includes lending on interest], and those who charge higher
than the market price, and those who make the ephah small, concerning
them Scripture says (ibid.), ‘When will the new moon be over, so that we
will be able to sell grain? When will the Sabbath be out, so that we open
the grain, making the ephah small and the shekel large?’” This law [for-
bidding false weights and measures] is expressed by (Deut. 25:13) “You
shall not have in your house diverse measures, large and small.” They
said in Tractate Bava Batra (89b), “It is forbidden for a person to keep
in his house an undersized measure or an oversized measure, even if it
is a vessel for holding urine [which one would only use for measuring
in an emergency].” Even though there are two separate verses here, one
about an ephah [volume] and another about a stone [weight], it is only
enumerated as a single commandment, for the idea is the same, that one
should not have differing standards, whether in volume measurement
or in weight.
— 260 —
———————————————— The Negative Commandments ————————————————
inheritance] in the summer and for another during the rainy season,
since the ground expands in the rainy season, and one would receive a
smaller portion than one for whom the measurement would be made
in the summer time. [I find this difficult to visualize.] And a wrong
weight measure would be that one should not bury weights in salt to
reduce them. And a wrong volume measure would be that one should
not bubble the liquid, i.e., he should not fill the measuring vessel rapidly
so that the measuring vessel would be filled by the vigorous bubbling.
The Aramaic term for the Hebrew gerah (a coin) is ma’ah, whose plural is
ma’ot [thus the word ma’ot in this stanza, meaning coins], and the plural
of m’sorah (“volume” in Lev. 19:35) is m’sorim [thus the word m’sorim in
this stanza means volume measurements].
— 261 —
———————————————— The Negative Commandments ————————————————
Torah said (Lev. 19:16), “You shall not go about talebearing among
your people.” Now, the rabbis [explained lo telech rachil in various ways,
e.g.], you shall not be soft-spoken to one and harsh-spoken to another
(Ketubot 46a) [this remote interpretation being based on the similarity
between rach (soft) and rachil, which would be a prohibition to a judge
not to be more respectful to one claimant than another]. They also said
(Yerushalmi Peah 1, 1) that [this verse means that] you should not be
like a peddler [rochel, a peddler, associated with rachil], who loads up
words, and goes about, and this would be the prohibition against tale-
bearing, which is the intention of the poet. He adapts the scriptural ex-
pression (Ps. 101:5) “One who slanders his neighbor in secret, him will I
destroy.” The word melashni (talebearing or slandering) is present tense
masculine in the m’ruba construction [I would call this the pi’el construc-
tion, m’ruba having quite a different meaning], and the yod [at the end
of m’loshni] is an added letter [which has no effect on the meaning]. He
is, as it were, addressing the talebearer: “You, O’ talebearer, let your foot
not run.” In this verse, there is also a prohibition against [a husband]
who defames (his bride, Deut. 22:19), as is indicated in Chapter Na’arah
Shenitpat’tah (Ketubot 46a).
33. You shall not put your hands with the wicked and evildoers;
And do not demand payment from comrades and brethren, as
is done from foreigners.
This is a prohibition against accepting testimony of a wicked person,
as it is said (Exod. 23:1) “Put your hand not with the wicked,” [which
is interpreted in Bava Kamma as] “Do not put a wicked person as a
witness.” And in Chapter Zeh Borer (Sanhedrin 27a), they explain that
wicked people are invalid as witnesses.
And do not demand payment from comrades. This is a prohi-
bition against demanding payment of a debt after the year of release
(Deut. 15:1–3).
34. Leave the sheaf you forget, and do not return to take it;
You should give it to the widow, orphan, and stranger.
This is a prohibition against taking forgotten sheaves in the field, and
the law also applies to tree fruits, as I wrote above (Stanza 19), and it
is all a single commandment. This is a prohibition linked to a positive
commandment, for if one [unlawfully] took it [the forgotten sheaf], he
— 262 —
———————————————— The Negative Commandments ————————————————
may return it and be free from guilt; therefore, it says (Deut. 24:19) “It
shall be for the widow.”
35. Keep the seventh year, and refrain during the jubilee year;
Do not harvest the aftergrowth, nor gather fruit from un-
trimmed vines.
Concerning the shemittah year (the seventh year of release) and the
jubilee year there are seven prohibitions, four about the shemittah and
three about the jubilee. Concerning shemittah, it is said (Lev. 25:4–5)
“You shall not sow your field or prune your vineyard. You shall not reap
that which grows by itself from your harvest or gather the grapes of your
untrimmed vines.” These are the prohibitions against work in the field,
the prohibition against working on a tree, the prohibition against har-
vesting the aftergrowth, and the prohibition against harvesting grapes;
but they must be made ownerless for the use of everyone. Concerning
the jubilee year, all agricultural work is under a single [prohibition],
whether on the field or the tree, as it is written (ibid., v. 11) “You shall
not sow,” and no distinction is made between the field and vineyard.
[The other two prohibitions are] “You shall not reap the aftergrowth,
and you shall not harvest the untrimmed vines,” just as for shemittah.
It seems that the reason why the Torah did not separately forbid
orchard work separately on the jubilee year, as it had for the shemittah
year, is that tree work was expressed by the term pruning. Now, since
pruning was forbidden in the shemittah year, and the jubilee year follows
right after the shemittah year, and the activity of pruning extends over a
long time, therefore, the pruning in the jubilee year is included with the
pruning during the previous shemittah year. All of the above is included
by the poet in what he says, “Keep the seventh year, and refrain during
the jubilee year,” and only harvesting and fruit-gathering are expressly
said in this stanza.
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37. And you shall not eat parched grain, bread, or fresh grain,
Before you bring to Me the first of the harvest.
In the Gemara Keritot (5a), they say that if a person eats bread and
parched grain and fresh grain [all three at the same time, during the
forbidden period before the omer offering], he is punished three times
by whipping. The objection was raised that one is not punished thus
for an inclusive prohibition [the three categories of forbidden new grain
being contained in a single clause]. The answer is given that [this rule
does not apply] since it is different in our case in that we have an exces-
sive scriptural verse [i.e., not all three categories had to be specified,
since one could deduce part of the law by inference; the explicit men-
tion of all three categories can, therefore, be taken as an implication
that these are separately punishable]. At the end of the discussion, they
concluded that the only category that did not need explicit mention was
parched grain [since if a certain case not mentioned in Scripture differs
substantially in character from the one mentioned, it cannot be inferred
that it is also included in the law]. For bread has a property that does
not apply to fresh grain, in that it is included for meal offerings. And
fresh grain has a property not possessed by bread in that it is still in
its original state, and it is recognizable. Now, parched grain resembles
bread in that it is included for meal offerings, and it resembles fresh
grain in that it is recognizable. So if the Torah had just mentioned fresh
grain and bread, we could have derived the case of parched grain be-
tween the two of them according to Talmudic methodology. That it was
expressly written only serves to imply that it is a separate cause of guilt
on its own. Since parched grain is written between bread and fresh grain
(Lev. 23:14), and thus separates them, we learn from this that just as
one is guilty for parched grain on its own, so is he guilty for bread on
its own and for fresh grain on its own. Therefore, these are counted as
three prohibitions, and one is punished for each one separately, even
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— 265 —
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one should not show special deference to the poor, as it says (ibid.) “You
shall not favor the poor.” Now, we have not found on this matter [i.e., the
word abashed, nechparim] in the niphal (passive) form, [i.e., nechparim is
a passive form], only the kal (active form) in (Isa. 24:23) “And the moon
will be confounded (v’chafrah).” Or [one finds] the hiphil (causative form)
in (Prov. 19:26) “That deals shamefully and reproachfully (umachpir).”
Had he said muchparim [instead of nechparim], it would have been more
plausible, since it is the passive form of the hiphil, of which an example
exists.
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may dedicate it [that blemished animal] for the upkeep of the sanctu-
ary, but you may not dedicate unblemished animals to the upkeep of
the sanctuary; even though this is the subject of a prohibition, if one
did so, it is nevertheless binding.” In the same chapter (Temurah 7b), it
says, “We have only found it from a positive statement [i.e., this prohibi-
tion was only inferred above from a positive statement, which is weaker
than a prohibition directly expressed as a negative commandment].
Where do we see a negative commandment? It is from the verse (Lev.
22:17) ‘The Lord spoke to Moses, saying.’ [This comes from the word
leimor (saying) being understood as a compound lo and emor, i.e., ‘saying
not.’] This teaches that a direct negative commandment applies to the
entire section.” [This statement] is also quoted in Chapter Kol Sha’ah
(Pesachim 42a). Even though this teaching, as found in the Sifra (Emor
119, 8), is only the opinion of an individual [Rabbi Judah], and the ma-
jority of rabbis differ with him, we should decide [like Rabbi Judah] in
agreement with the unnamed source in the Mishnah, and according to
the discussion in the Talmud [later scholars think that Zohar Harakia is
way off here], and I must further examine this matter.
As for the other prohibitions [concerning blemished animals], one is
not to dedicate blemished animals for the altar, as it is said (Lev. 22:20)
“You shall not bring near whatever has a blemish,” and the Sifra explains
this as prohibiting its dedication. The second is not slaughtering a blem-
ished animal for a sacrifice, as it is said in another verse (ibid., v. 22)
“You shall not offer these,” and they said in the Sifra that this prohibits
slaughtering it [even though the same Hebrew verb is used in verses
20 and 22]. The third is not to sprinkle the blood of blemished animals
on the altar, as it is said in another verse (ibid., v. 24) “You shall not
offer unto the Lord” And they said in the Sifra (Lev. 120:10) that Rabbi
Yose bar Yehudah said that this refers to receiving the blood, but in the
Gemara Temurah (7a), they said that the first Tanna requires that verse
for sprinkling the blood [not receiving], which is the accepted ruling.
The fourth is not to burn the sacrificial portions of blemished animals,
as it is said (ibid., v. 22) “You shall not make a fire offering of them,” and
they said in the Sifra (Lev. 116:4) that this refers to [burning] the fats
[which is part of the sacrificial portion]. There, it is said, “One might
think that only the entire [portion is forbidden to burn]. How is it
known that even a part of it [is forbidden]? This is from the expression
‘of them,’ which means even a part of it.” According to this, there should
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be two [enumerated] prohibitions, not to burn all of it, and not to burn
part of it. Likewise, it says in the Sifra (Lev. 108:5) that a person who
dedicates a blemished animal for the altar may transgress five prohibi-
tions, not dedicating, not slaughtering, not sprinkling the blood, not
burning the fat [one author emends this to read “not burning all of it”],
and not burning a portion of it.
Now, Maimonides rejected this Baraita [in the Sifra] and said that not
burning a portion of it is not a separate prohibition, since this teacher
holds that one is punished [upon transgressing] an inclusive prohibition
[a single statement containing more than one item], while the accepted
law is that one is not punished for an inclusive prohibition. He brings
proof from what is said in the Gemara Temurah (7a) that if one offers
up the limbs of blemished animals on the altar, then Abbaye says that
he is punished on account of the prohibition against sacrificing all of it,
and also on account of sacrificing part of it, but Rava says that one is not
punished for an inclusive prohibition. An objection was raised against
Rava from this Baraita [in the Sifra], and they concluded that this objec-
tion was valid. Now, he [Maimonides] decided the law according to Rava,
for it is concluded throughout the Talmud that one is not punished for
an inclusive prohibition, as is known from the Principles (No. 9).
Now, Nachmanides wondered about his [Maimonides’s] words that
Rava’s words were here refuted, although this was not so in any other
case where Rava and Abbaye differed about inclusive prohibitions. So he
[Nachmanides] explained that the correct text here is Rabbah, not Rava,
and this is a new argument, Abbaye disagreeing with Rabbah; for this
inclusive prohibition is unlike other inclusive prohibitions, since here
*The idea is that normally an
they are interpreting two prohibitions
inclusive prohibition is where a concerning blemished animals, the one
single clause mentions two or more being (Lev. 21:22) “You shall not offer of
separate nouns indicating what
is forbidden. Here, there are two these to the Lord,” and the second one
separate things, the whole of the being (ibid.) “And you shall not make a
portion to be burnt, and a part
of it, both of which, according to
fire offering of them.” That is what he
Maimonides, are contained in the [Nachmanides] wrote.*
clause “You shall not make a fire But I do not see this as improving
offering of them.” Nachmanides,
however, says that that the two cases anything, since we have five prohibitions
are derived from different clauses, only by enumerating both burning all of
and they are considered as a case of
an inclusive prohibition only because
the burnt portion and also burning part
one is a special case of the other. of it. So one clause must necessarily be
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— 269 —
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statement in Mishneh Torah (i.e., Deut. 17:1) “You shall not sacrifice
to the Lord your God an ox or sheep having a blemish on it, any evil
thing,” and they explained in the Sifre [this reference is not found in
our editions of the Sifre,but is found elsewhere] that this verse refers to
animals with temporary blemishes. But Nachmanides thinks that it all
belongs in one prohibition together with the permanent blemishes. He
brings proof from what they said in the Sifra (Emor 7, 107), as well as in
the Gemara Temurah (5b), that the expression (Lev. 22:20) “That which
has a blemish” would imply just a permanent blemish. How do we de-
rive the temporary blemish? It is from “everything which has a blemish
(ibid.).” Whether it is a permanent or a temporary blemish, it is punish-
able on all these five counts. Also the verse in Mishneh Torah (Deut.
17:1) includes everything, for they said there (Sifre, Shoftim 8, 499),
“One might think that only an animal that was unblemished and later
became blemished [is meant here]. Whence is it known that an animal
blemished when emerging from its mother’s belly [is also meant]? It is
from (ibid.) ‘any evil thing.’ How [do we know to include] an animal with
a boil scab or wen or scurvy? It is from the expression ‘a blemish any evil
thing.’ How [do we know to include] one that is aged, sick, or smelly? It
is from the expression ‘an ox or sheep . . . any evil thing.’ How [do we
know to include] sacrifices that were slaughtered at an improper place or
time, or that were sexually engaged with people, or that were designated
for idolatrous use, or that were worshipped, or that was payment for a
harlot, or that was acquired in exchange for a dog, or a terefah [injured
or diseased that it could not live a year], or one that had a caesarean
birth, etc.”98 So it is that all kinds of invalid animals are included in the
prohibition of this verse.
Nevertheless, his [Nachmanides’s] elimination of this [i.e., tempo-
rary blemishes] as a separate commandment does not diminish his total
count. For he added another prohibition (Nachmanides’s Additional
Prohibition No. 4), which is not to slaughter a sacrifice with the inten-
tion of eating it at a wrong time or place. This is from the quotation in
the Sifre (Shofetim ibid.): “Regarding the verse (Deut. 17:1) ‘You shall
not sacrifice unto the Lord your God . . . which has a blemish,’ how is it
known [that this applies also] to sacrifices that one slaughtered with the
98 See this verse in Torah Temimah, where this verse reads somewhat differently, and where the logic
for the inferences is explained.
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intention to eat them beyond their proper time or place? It is from davar
[translated as ‘thing’ in ‘any evil thing,’ but which also means ‘word’ or
‘speech’], i.e., that which depends on speaking [speaking can also be in-
ternal].” Likewise, they included in this prohibition the case of a sacrifice
slaughtered on the south [side of the altar, which is also wrong], and all
other ways in which a sacrifice would become invalid. Maimonides [who
does not count these as another commandment] must think that this
is an inclusive prohibition (lav shebichlalut), and he only included the
prohibition of [sacrificing a] blemished animal, which is explicitly writ-
ten in this inclusive commandment. The above is what Nachmanides
wrote. Still, this does not suffice to justify him [Maimonides], since in
chapter 2 of Zebachim (29b) they give a specific prohibition [for animals
invalidated by wrongful intentions]. They say there that according to
Rabbi Yannai, if one thinks wrongful things while offering a sacrifice,
he is punished by whipping, on the basis of the verse (Lev. 7:18) “It will
not be counted (lo yechashev)” [which can be revocalized as] “He shall
not think (lo yachashov).” They conclude there that one is not punished
by whipping for this, since it is a prohibition which does not involve an
action, and Maimonides wrote thus in his code (Mishneh Torah, Pesulei
Hamukdashin 18, 2). But it appears that it should be an enumerated
prohibition which is not included in [the prohibition of] a blemished
animal.
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99 The clause “And also it is rabbinic” is found in the MS but not in printed versions.
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— 275 —
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[the poet] was not being strictly correct when he says here “to let stay
overnight” (l’halin), and later “to leave over” (l’hotir), since the concepts
are related, i.e., “letting stay overnight” and “leaving over,” and in the
language of the Torah sometimes “staying overnight” (linah) is applied
to “left over” (notar). [I don’t know which citation he has in mind; per-
haps Deut. 16:4 quoted in Stanza 45.] But the strict distinction between
the [sacrificial] fats and the [sacrificial] meat is that the fats are forbid-
den to “let stay overnight,” while the meat is forbidden “to leave over.”
45. And the fats of your sacrifices, and fats of your festival of-
ferings,
And the thank offerings of your peace offerings are forbidden
to leave over.
And the fats of your sacrifices, etc. Here, he records that it is for-
bidden to leave overnight the fats of the paschal sacrifice on the floor,
as it is said (Exod. 23:18) “Neither shall the fats of my feast remain all
night until morning.” And in another place (Exod. 34:25 it is written)
“Neither shall the sacrifice of the feast of Passover be left over until
the morning.”100 The language of the Mechilta (Mishpatim 20, 228) is
“Scripture comes to indicate that the fats become invalid [as a sacrifice]
by lying all night on the floor.”
Then he says, “And the thank offerings of your peace-sacrifices are
forbidden to leave over.” There are many prohibitions enumerated re-
garding leftover [sacrificial meat]. One is the regular paschal lamb, as I
mentioned in the preceding stanza. The second is for the second paschal
lamb, as it is said (Num. 9:12) “They shall not leave any over till morn-
ing.” The third is the meat of the festival offering that goes with the
paschal lamb, which may be eaten for two days and a night, as it is said
(Deut. 16:4) “None of the meat which you sacrifice in the evening of the
first day may stay overnight until the morning.”101 And they said (Sifre
Re’eh 177 and Pesachim 70) that this verse refers to the festival offering
that goes with the paschal lamb, which may be eaten for two days, [and
although] one might [think that this means] for a single day, [it really
means that] when it says “till morning,” [it refers] to the morning of
100 The above translation is based on the MS version, since the printed text seems redundant.
101 The two days and a night, which is not evident from plain reading of the text, is based on the
rabbinic interpretation.
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the second day [of Pesach, i.e., the morning of the sixteenth of Nisan].
And the fourth prohibition is about the thank offering, as it is said (Lev.
22:30) “You shall not leave it over until morning,” from which we learn
that all other sacrifices should not be left over after the time up to which
they may be eaten.
47. And [do not eat that of] your wine or your oil; and your
firstborn cattle,
And the contributions of your hand, and the choicest vows.
The Torah said (Deut. 12:17) “You shall not eat within your gates the
tithe of your grain, wine, or oil, nor the first born of your cattle and your
flocks, nor your vows that you vow, nor your free will offerings, nor the
contributions of your hands.” They state in the Gemara Keritot (4b) that
every specific item in this verse is a specific prohibition, and it is not
a lav shebichlalot (inclusive prohibition).102 This is what they said there
(Keritot ibid.): “If one ate the tithe of grain, wine, and oil [together],
he is guilty for each one, i.e., if he ate them outside of Jerusalem.” This
verse is talking about second tithe. Now, they raised the objection there
(ibid.) as to how one can be punished for such a lav shebichlalut. [They
replied that in this case the usual rules regarding lav shebichlalut do not
apply, since] the verse is repeated redundantly. Since it is written (Deut.
14:23) “And you shall eat before the Lord your God the tithe of your
grain, wine, and oil,” why is it necessary to write (in addition the verse)
“You may not eat within your gates, etc.” (Deut. 12:17)? And should you
say [that the latter verse is needed] for an [expressly stated] prohibition
[this would not remove the redundancy], for the verse could have just
stated “You may not eat them,” why does it again write all these things
individually? It is to imply that these items are to be treated separately.
In a similar vein, they said in the Gemara Makkot (18a): “Inasmuch as it
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is written, ‘You shall eat before the Lord your God, etc. the tithe of your
grain,’ the Torah could have written ‘You may not eat them within your
gates (in 12, 17). So why does it repeat each one separately? It is so that
one might deduce from there that there is a separate prohibition for
each case.” Thus, we should enumerate grain, wine, and oil as separate
prohibitions. This is how it is written in Maimonides’s reasoning about
lav shebichlalut, since he enumerates according to the [number of] cor-
poral punishments, which is known from the Principles (No. 9).
But Nachmanides differs from him there (in Principle 9), saying that
we are not to pay attention to the separate punishments, but to the for-
bidden topics. In his opinion, the tithe of grain, wine, and oil is all one
topic, i.e., second tithe, regardless of what species it is, and it should be
counted as one [topic].
And your firstborn cattle is one prohibition, and the content of this
prohibition in its simple meaning is that it is forbidden to eat meat of
firstborn cattle outside Jerusalem. But according to rabbinic exegesis
another meaning is included in this, which is that a stranger (zar, not
a kohen) is forbidden to eat a firstling. For thus do they say in the Sifre
(Re’eh 34) concerning “the first born” (Deut. 12:17) that in this [men-
tion of the] the first born, the scriptural verse is needed only [to forbid]
a layman [not a kohen] from eating a first born either before or after
sprinkling the blood [which is essential to the sanctity of the sacrifice].103
However, the law of firstborn [being forbidden to certain persons or in
certain places] only applies to an unblemished animal [i.e., a blemished
firstborn animal can be eaten as ordinary meat].
Your cattle and sheep constitutes a separate prohibition which is ex-
plained by the rabbis (Sifre, Re’eh 34), as follows. The verse “your cattle
and sheep” is only needed to say that, if one has eaten the meat of a sin
offering or a guilt offering [having nothing to do with firstborn] outside
the curtains [of the Temple court], he has transgressed a prohibition. In
the Gemara Makkot (18a), it is explained that the same law applies to
eating minor sacrifices outside the wall [of Jerusalem].
103 It should be noted that frequently the law expressed by the simple meaning of a passage is
redundant, since it can be derived from inference. In such cases, the rabbis could attach to the
verse a meaning which is related to the subject, but not in keeping with the plain meaning of
Scripture. Thus, in our case the passage about the “firstborn” carries two messages. The first,
according to the simple meaning, is that the firstborn may not be eaten outside of Jerusalem.
Since this law can also be inferred from other laws, it was used also as a source for the prohibition
against a layman eating firstborn flesh.
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because of it, since you have set apart the choicest of it.” Nachmanides
said that this is similar to (Lev. 22:9) “And they shall keep my charge,
that they bear no sin for it,” which is a prohibition for a kohen who is
defiled [from eating his holy food]. “You shall surely reprove your
neighbor, that you bear no sin because of him” (Lev. 19:17) is similar.
Maimonides indeed counts these two commandments (Prohibitions
136 and 303), and it would be proper for him to count this [prohibition
for not bringing the choicest] as well. But he [Maimonides in Positive
Commandment 129] had written that this verse (“And you shall bear no
sin because of it” is a negation [not a prohibition], that if you set apart
the choicest, you will bear no sin because of it. [However, even under
the assumption that this is not a prohibition] the rabbi [Nachmanides]
wondered about him [Maimonides], why he did not make a [separate]
positive commandment that what is set apart should be from the choic-
est [as well as the commandment to set apart a tenth portion]. But the
rabbi [Nachmanides himself] decided to make it a prohibition.104
48. And you shall not eat with the blood my daily offering,
which is first;
And the fat and the blood are both forbidden.
This prohibition includes many things. Thus, they expounded in
Tractate Sanhedrin (63a), “Whence is it that one who eats a [properly
slaughtered] animal before it expires transgresses a prohibition? It is
from the verse (Lev. 19:25) ‘You shall not eat with the blood.’ Another
thing [forbidden by this verse] is eating sacrificial meat portions while
the blood is still in the bowl [i.e., before performing the sprinkling of
the blood]. Rabbi Dosa says that the verse that prohibits providing the
mourner’s meal after one has been given capital punishment is ‘You
shall not eat with the blood’ [by vocalizing tochlu as ta’achilu, so as to
mean] ‘You shall not feed because of the blood.’” Rabbi Akiva says that
the verse that prohibits a court that executes a person from tasting any-
thing that entire day is “You shall not eat with the blood.” Rabbi Yose bar
Chanina said that the verse prohibiting the actions of a rebellious son is
“You shall not eat with the blood.” Also, in the first chapter of Berachot
104 The actual substance of this discussion is that the Levites, who receive a tithe of produce from the
Israelites, must then take a tenth of this and give it to the kohanim. It is this contribution that that
must be from the choicest portions.
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(10b), they said, “Whence is it that one should not taste anything before
praying? It is from ‘You shall not eat with the blood’ [in the sense that]
you shall not eat until your pray for your blood [i.e., your life].”
Now, in the Gemara Sanhedrin (63a) they said that this is a lav
shebichlalut [inclusive prohibition], for which [the transgressor] is not
punished by whipping. So also it is stated in Tractate Pesachim (24a). As
to the matter of enumerating the commandments, Maimonides wrote
(Principle No. 9) that one should not enumerate each element within
this prohibition separately, since Scripture does not treat them indi-
vidually so as to make each of them punishable separately. Therefore,
he decided to enumerate this, which would be, among other things, a
prohibition for the rebellious son, that is to say that you shall not eat in
a way that leads to death, for by the eating he would be stoned.
But Nachmanides (on Principle 9) expresses the possibility of count-
ing this as two separate commandments, since there are two punish-
ments for the rebellious son. One is whipping for the first [gluttonous]
eating, as is stated in Sanhedrin (71b), “Where is it written that the
rebellious son is whipped? It is according to Rabbi Abbahu, since Rabbi
Abbahu said [concerning the punishment for the falsely accusing hus-
band] that we derive this [by a gezerah shavah] from the twice-used
word v’yisru (“And they shall chastise” in Deut. 22:18 and in 21:18),
[thus linking the rebellious son with the falsely accusing husband], the
words v’yisru and ben [both applied to the rebellious son in 21:18], and
[another gezerah shavah] from the twice-used ben (21:18 and 25:2), [and
in the latter the corporal punishment is explicit] “And it shall be that
if the wicked man deserves to be whipped.” For the second instance of
rebellious eating, the death penalty is incurred. Since this prohibition
has two punishments, it is possible to count them as two command-
ments. And since the first eating leads to death for the second eating, it
is, therefore, included under the content of “You shall not eat with the
blood.” And when it says (Sanhedrin 63a) “Where is the prohibition for
the rebellious son?” it refers to both eatings, since it is both that lead to
shedding his blood.
Nachmanides further wrote that Maimonides did a similar thing
regarding [eating)] leaven and mixtures of leaven [counting them sepa-
rately in Prohibitions 197 and 198]. I am perplexed about this state-
ment of his, since the cases are dissimilar; there [regarding leaven] two
prohibitive statements are involved, while here [rebellious son] there
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105 The Talmudic source actually refers to another proof text for this law, i.e., “And he shall put the
burnt offering in order upon it” in v. 6.
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49. [Also forbidden are] both fish and beast, and varieties of
birds,
Unless they have the sign by which they are recognized [as
permissible].
In this stanza, he includes unclean fish, both unclean domestic and
wild animals, and unclean fowl, which are three prohibitions. And the
signs of every one of the fish and animals [which indicate uncleanness]
are written in the Torah, while the fowl [are indicated] by the words of
the sages.
50. And one having a blemish may not come near to offer a
pleasant gift,
Whether he is hunchbacked, or scabbed, or lame, or blind.
“But he shall not enter within the curtain, or come near the altar
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(Lev. 21:23).” [These two clauses] are only to be counted as a single com-
mandment (Maimonides’s Prohibition No. 69), since each is needed
to complete the content, since neither one could be inferred from the
other, as explained in the Sifra (Emor 50, 10). The content of this prohi-
bition is that it is forbidden [for a priest] with a blemish to enter from
the altar and beyond through the whole sanctuary. But there is another
prohibition (Maimonides’s Prohibition No. 70), that one who is blem-
ished shall not perform the priestly service. This is what it says (Lev.
21:17) “Anyone of your descendants throughout their generations who
has a blemish, shall not approach to offer [the words of the quotation
as given in Zohar Harakia are incorrect, and 21:17 is here substituted in
accordance with Maimonides].” When it says “He shall not approach,” it
means for service. And thus does it say in the Sifra (Emor 3, 60) that a
blemished kohen does not incur death but [whipping due to transgress-
ing] a prohibition.
The statement of the poet “One having a blemish shall not come near
to offer a pleasant gift” is due to the fact that a sacrifice by an unblem-
ished priest is pleasant to God, exalted is He, as it is said (Mal. 3:4) “The
offering of Judah and Jerusalem shall be pleasant to the Lord” The word
shai (gift) is applicable to a sacrifice, as in (Ps. 76:12) “They will bring
gifts to the awesome One.”
Now, Maimonides made a separate prohibition (No. 71) that one who
has a temporary blemish may not perform service as long as this blemish
persists. He brings a proof from the Sifra text (Emor 45) that the verse
(Lev. 21:17) “Who has a blemish shall not approach” would only imply
a permanent blemish, so where is it stated for a temporary blemish? It
is from the verse (ibid., v. 18) “Any (kol = every or any) man who has a
blemish.” But the poet includes both temporary and permanent blem-
ishes as just one [prohibition], for being scabbed (garav) is a temporary
blemish, while hunchbacked (gibbein), lame (pis’chim), and blind (ivrim)
are permanent blemishes. But in Maimonides’s opinion there are three
prohibitions here. The first is the prohibition against a blemished person
entering [into the space] from the altar [and beyond]. It is counted as a
single commandment, although there are two prohibitory statements,
as is known from the Principles (No. 9). The second is the prohibition
against a blemished person performing service, and the third is against
one temporarily blemished [performing service].
But Nachmanides (on Prohibition 69) disagrees, and he says that
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nently or temporarily, may not perform service with that. This is similar
to what he wrote (Maimonides Prohibition No. 69 about entry into the
Temple) when he talks about [coming to] the curtain and approaching
the altar, that it is for the purpose of giving the law completely, not to
make a separate commandment.
51. And from the hand of a foreigner you shall not offer a gift;
And the farmer shall not do work with firstborn oxen.
The poet connects with the preceding stanza, saying, as it were, that
such blemishes, as mentioned, if they occur in a sacrificial animal, may
not be accepted even from a gentile (Maimonides’s Prohibition No. 96).
For the Torah forbade this, saying (Lev. 22:24–25) “[An animal whose
testicle is] bruised, crushed, torn, or cut, etc., and anything from the
hand of a foreigner you shall not offer as food of your God any of these.”
[This means] that a person should not think that, since it is not forbid-
den to children of Noah [gentiles subscribing to the Noachide principles]
to offer blemished animals on their own altars, except that which has a
limb missing, he may also offer such on the altar of Israel; that is why
the Torah says “And you shall not offer from the hand of a foreigner.”
Nachmanides counts here a particular prohibition (Supplementary
Prohibition No. 8) from what is stated in the Sifra (Emor 122, 12, as
follows): “From where is it known that shekalim [the annual Temple tax]
cannot accepted from gentiles? It is from the verse ‘And anything from
the hand of a foreigner you shall not offer as food of the Lord your God
any of these.’ I might suppose that this only means the daily offerings,
since they are spoken of as food. How is [the prohibition known to in-
clude] other sacrifices [that gentiles may not participate in them]? It
is from the words any of these (mikol eileh).” This is in accordance with
his [Nachmanides’s] opinion about lav shebichlalut [a prohibition that
includes in one statement a number of prohibited things, treated in
Principle 9], that he enumerates each prohibition if their content is dif-
ferent, as I wrote in the Principles.
Some are doubtful about two prohibitions regarding the law of sheka-
lim, whether they should be enumerated or not, namely (Exod. 30:15)
“The rich shall not give, nor should the poor give less.”106
106 The list at the beginning of Zohar Harakia lists only “the rich shall not give more,” but the
discussion at the end of the book indicates that he is including both.
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Gift (eshcar) refers to an offering, like (Ps. 72:10) “They will offer
gifts.”
And the farmer (ikar) shall not do work. Ikar means a tiller of the
soil, as in (Isa. 6:15) “Your tillers of the soil and your dressers of vines.”
What he says “with the firstborn oxen” refers to the scriptural passage
(Deut. 15:19) “You shall do no work with your firstborn ox.” This law also
applies to other holy offerings, for which [the transgressor] is punished,
as mentioned in the Gemara Keritot (this citation not found).
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that this applies only to animals that are sacrifices for the altar [exclud-
ing an animal dedicated to the Temple treasury]. Such a commandment
is not separately counted, as is known from the Principles (No. 9).
When he says “sanctified and sealed,” it refers to the tithed animal
which was colored by a marker, i.e., every tenth animal that passes by
is designated as the tithe offering (see Bechorot 9, 7). But [although it
is forbidden to make substitution for the tithed animal], the clause (in
v. 33) “He shall not take account as to whether it is a good or a bad ani-
mal” does not constitute a prohibition. As they said in the Yerushalmi,
first chapter of Rosh Hashanah, that any statement that comes to
make something permissible, cannot be considered a transgression,
and what the Torah makes permissible here is sanctifying a blemished
firstling as tithe. [That is, one considers the thrust of (v. 33) “He shall
not take account as to whether it is a good or bad animal” is that one
does not have to worry if the tenth turns out to be defective. Thus, it
is a permissive statement, rather than a warning that one must not
take into account the quality of the animal]. It seems that this law [be-
ing permitted to sanctify a blemished animal] applies only to a tithed
animal, but this is forbidden for other holy sacrifices, as I wrote previ-
ously (Stanza 39).
Another prohibition concerning sacrifices is not to change a sacrifice
from one level of sanctity to another, like from a guilt offering to a peace
offering, and the like. This is from the statement concerning a firstling
(Lev. 27:26) “One may not dedicate it,” which the sages explained that
one may not dedicate it as a sacrifice for the altar [since it bears from
birth the sanctity of a firstling]. They state in the Sifra (Bechukotai 8,
107, 3), “This only deals with a firstling. How is it known that other
sacrifices may not be changed from one sanctity to another? It is from
the verse (Lev. 27: 6) ‘among beasts one may not dedicate it.’” [The ex-
pression “among beasts” is superfluous, and thus is interpreted as an
extension of the law.]
There is still another prohibition about this, which is not to redeem
the firstling of a clean animal. This is expressed by (Num. 18:17) “But
the firstlings of cattle, sheep, or goats you may not redeem.” And they
said in the Sifra (Bechukotai 13, 108), “Concerning the firstling of cattle
it says ‘You may not redeem.’ But it may be sold [by the kohen who re-
ceives it].” Yet another prohibition is not to sell the tithe of cattle, as
it is said (Lev. 27:33) “It cannot be redeemed.” And they stated in the
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Sifra (ibid.) that it may not be sold, neither alive, nor slaughtered, and
neither unblemished, nor blemished. All this is explained in Temurah
(5b), Bechorot (31b), and in Tractate Ma’aser Sheni (1, 2).
And they shall not eat terumah. The prohibition against a kohen
who is impure eating terumah is from what is said (Lev. 22:4) “No man of
Aaron’s offspring who is ‘leprous’ or has a discharge shall eat of the holy
things.” And they said in the Gemara Makkot (14b), “Where is there a
prohibition against [Aaron’s offspring who is impure] eating terumah?
It is from (Lev. 22:4) ‘No man, etc.’ What sort of thing is uniformly ap-
plicable to all of ‘Aaron’s offspring’? It is terumah.” That is, [all of Aaron’s
offspring], male and female, may eat it.
Also, one who is uncircumcised is forbidden by the Torah to eat
terumah. Thus did they say in Yevamot (70a), “From where is it known
that one who is uncircumcised may not eat terumah? The words a so-
journer and a hired servant (Exod. 12:45) were said regarding the paschal
sacrifice, and ‘a sojourner and a hired servant’ was [also] stated regard-
ing terumah. Just as with the law of ‘a sojourner and a hired servant’
concerning the paschal sacrifice, there is a law that one who is uncir-
cumcised is forbidden to eat [of] it, so also with the law of a ‘sojourner
and a hired servant’ concerning terumah there is a law that one who
is uncircumcised is forbidden [to eat] of it.” And in the Sifra (Emor
86, 18), they stated that Rabbi Akiva said that the words no man [the
Hebrew is ish ish, literally “a man, a man,” whose redundancy] implies
that also the uncircumcised one is included [in the prohibition]. Since
they stated in Yevamot (70a) that a mashuch [one who was circumcised,
but had his prepuce drawn forward to simulate being uncircumcised] is
permitted to eat terumah by Torah law, but he is forbidden by rabbinic
law, because he looks uncircumcised, it is evident that one who is un-
circumcised is forbidden by the Torah, and [the prohibition] is not an
asmachta; and this law applies, as well to [eating] all other holy things
[besides terumah].
Also, lay persons [not kohanim] are forbidden to eat terumah or the
first fruits, from the verse (Lev. 22:10) “No lay person shall eat holy
things.” This transgression is punishable by whipping, and this applies
to any improper use of dedicated things. And in Tractate Niddah (46b)
they said about a minor who is close to manhood, that, if he dedicated
something [dedication by an “actual” minor is invalid] and other [unau-
thorized people] ate it, they would be subject to whipping [which proves
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54. You shall not bring as a portion the price of a dog or a harlot;
And you shall not put frankincense on the barley meal-
offfering.
The price of a dog or [the payment for] a harlot. Even though
these are two distinct types, they are counted only as one, since the
two of them are stated in a single prohibition [“You shall not bring”
(Deut. 23:19)], and Scripture does not separate them in any way. This is
Maimonides’s opinion, but Nachmanides disagrees with him and counts
them as two, as explained in the Principles (No. 9). Now, this poem [in
the line “the price of a dog or a harlot”] has a flaw, since, according to
the interpretation of the rabbis in Gemara Temurah (30a), the price of
a harlot and the payment for a dog are not forbidden. He should have
expressed this as “the price of a dog or a payment” [using the word et-
nah for “payment,” which would also preserve the rhyme scheme]. For
etnah in itself indicates a payment for a harlot, since we find etnah in
this sense in Hosea (2:14) “These are my presents [that my lovers have
given me].”108
“As a portion” means “for a sacrifice,” which is the portion of the Most
High. It is from the verse (Lev. 8:29) “It was Moses’s portion.” [This por-
tion had the status of a sacrificial portion, since] the kohanim have rights
[to sacrificial meat] from “the table of the Most High” (Kiddushin 52b),
and Moses had the status of a kohen (Zevachim 101b). It is also written
(2 Chr. 31:4), “To give the portion of the priests and the Levites that
they may adhere firmly to the law of the Lord”
And you shall not put frankincense on the barley meal offering. This
is the meal offering of the suspected adulteress, which has the specific
prohibition that one should not put frankincense on it, as is said (Num.
5:15) “He shall not put frankincense on it.” And they said in the Sifre
(Naso 49) that this tells us that if one put on oil or frankincense, he
transgresses a prohibition; the transgression is the same for the oil as
for the frankincense. And in the Mechilta [actually Sifre Zuta], they said
that “he shall not pour oil on it, and he shall not put frankincense on it”
tells us that these are two separate prohibitions.
108 My translation of this last part about the flaw in ibn Gabirol’s poem is based on variations in the
manuscript text of Zohar Harakia and on the first printed text.
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Now, the poet omitted (the prohibition Num. 5:15) “He shall not pour
oil on it.” And just as there are two prohibitions, “he shall not pour” and
“he shall not put” regarding the meal offering of the suspected adulter-
ess, so there should be two similar prohibitions regarding the meal of-
fering of the sinner, as it is said (Lev. 5:11) “He shall put no oil on it, and
he shall put no frankincense on it.” In the expression of the Mishnah,
Tractate Menachot (5, 4), “A person is culpable because of the oil in itself
and because of the frankincense in itself.”
55. And you shall not come near for anointing with anointing
oil;
And you shall not make baldness, or cutting in the flesh.
“Anointing oil” is that which Moses prepared, and the only ones
anointed with it are kings and High Priests. If anyone else is anointed
with it, he transgresses a prohibition, as it is said (Exod. 30:32) “It shall
not be rubbed on any person’s body.” And thus is it specified in the
Gemara Keritot (5a).
And you shall not make baldness. Scripture explained that this is
only forbidden [when performed] for the dead, as it is written (Deut. 14:1)
“You shall not make baldness between your eyes for the dead.” As to this
prohibition being repeated for kohaim, as it is said (Lev. 21:5) “They shall
make no baldness upon their head,” it is not an addition to the enumera-
tion [of prohibitions], but is only to fill out [the provisions of] the law.
And if two prohibitory statements are mutually necessary to complete
the law, they are only counted as one commandment, as is known from
the Principles (No. 9). In the Gemara Makkot (20a), it explains why both
statements are needed. The baldness is only forbidden [if done] by hand,
but not with an instrument [the latter statement is questionable]. One is
also only culpable if [the area of baldness] is the size of a split bean, and
he is guilty of this when done any place on the head.
Or cutting in the flesh. This prohibition also was stated regarding
kohanim, as it is said (Lev. 21:5) “Nor shall they make gashes in their
flesh,” while regarding lay Israelites it is stated (Lev. 19:28) “And gashes
for the dead, etc.” All of this is for completing this law, as is explained in
the Principles (No. 9) and in Tractate Makkot (20a), and it all counts as
a single prohibition.
Now, there is concerning this prohibition another warning state-
ment, i.e. (Deut. 14:1), “You shall not gash yourselves (lo titgodedu).” In
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the Gemara Makkot (21a), they said that s’ritah [the verb in Lev. 21:5]
and g’didah [the verb in Deut. 14:1] mean the same thing. Indeed, in
the Gemara Makkot (21a) and Yevamot (14a), they include in this (lo
titgodedu) that you should not divide into many groups [based on the
similarity in sound of gedidah and agudah meaning “group”], i.e., this
prohibits dissension, so that the Torah should not become like two
different Torahs. However, they do state there (Makkot 13b) that [in
spite of this latter interpretation], the essential meaning is that you
should not inflict bruises for one who has died. They further explain
there (Makkot 21a) that one is culpable for gashing oneself for a dead
person, whether one does this with his hand or with a tool, while [if one
gashes oneself] in idol worship, he is culpable if done with a tool, but
he is exempt from punishment if done by hand. These two prohibitory
statements count only as a single prohibition in the enumeration.
56. Do not compound the incense, and let your eyes be open,
And do not take a ransom for killing in secret.
It is a prohibition to make incense with the same composition [as
that used in the Sanctuary] to smell it, as it is said (Exod. 30:37) “And
you shall not make it for yourselves with that composition.” But it is
permitted in order to deliver it to the congregation, since it is only for-
bidden to smell it, and thus it is explained in the Gemara Keritot (5a).
And let your eyes be open, and do not take a ransom, i.e., one
should be wary against bribes, which blind the eyes of the clear-sighted
(Exod. 23:8).109 But one should keep his eyes open and not take a ran-
som for the life of an intentional murderer, as it is said (Num. 35:31)
“And you shall not take a ransom for the life of a murderer, who is guilty
of a capital crime.” Likewise, there is another prohibition concerning an
intentional murderer, i.e., that one may not accept a ransom to excuse
him from being exiled, as it is said (ibid., v. 32) “And you may not accept
a ransom for one who must flee, etc.”
57. Be careful not to forget the law of the sinew of the thigh;
And the commandment of “It should not seem hard” you
shall raise in your eyes.
109 The law against taking bribes is explicitly counted in Stanza 28. Duran mentions it here only to
explain the usage of the poet in using here the expression “Let your eyes be open.”
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*The text that Since the commandment about the sinew of the
follows is somewhat
problematic, and thigh vein (Gen. 32:33) was written in the Torah
the printed text before the other commandments spoken at Sinai, he
and the MS diverge
[the poet] adjures that this commandment should
significantly. The word
tinasheni in Isaiah not be forgotten by our people.* He [the poet] says
has been interpreted tinasheh [which would rhyme exceptionally well
by commentators in
both the active and with nasheh] in the passive form to mean that “you
the passive sense, shall not be considered forgetful of this thing.” This
i.e., “You shall not
is analogous to (Isa. 44:21) “And Israel lo tinasheni,”
forget me” or “You will
not be forgotten by i.e., “You will not be forgotten by me.” But if the verb
me.” My translation is meant to be in the active form [reading tinsheh,
here is based partly
on variant versions. not tinasheh, thus losing a syllable], one must add a
Particularly, milah principal vowel for the meter, e.g., [by inserting lecha
achat in the text is
replaced by melech
after sh’mor, meaning “be you heedful,” instead of
just “be heedful”] which would mean “Be you heedful
echad, where melech is
used with the meaninglest you forget.”
of a principal vowel.
Now, they have said (Sanhedrin 59a) that this
prohibition was stated [again] at Sinai, although it was only written in
its place [in Genesis]. Were it not for this [repetition at Sinai], it would
not come into the enumeration of the commandments. Therefore [ac-
cording to the idea that commandments not given at Sinai should not
be in the enumeration], one does not count among the commandments
what is said in Berachot (13a) that if one called Abraham “Abram,” he
transgresses a prohibition, as it is said (Gen. 17:5) “Your name shall not
be called Abram,” as I wrote at the end of the positive commandments
(Stanza 85).
And if one eats the whole sinew of the thigh bone, he is punishable
by whipping, even if it does not have the bulk of an olive. For it is con-
sidered like a creature, and is similar to eating an ant or a hornet [which
is subject to whipping, even if its bulk is less than the normally required
olive volume], as explained in Chullin (96a).
And the commandment of “It should not seem hard” you shall raise in
your eyes, i.e., “You should set your eyes on this commandment and not
hide your eyes from it.” This refers to [the commandment] that it should
not seem hard in your eyes, when you set him [a Hebrew slave] free, as
it is said (Deut. 15:18) “It shall not seem hard in your eyes when you set
him free from you.” It might also be interpreted that the words in your
eyes [in ibn Gabirol] should be joined to it should not seem hard [rather
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than joined with the following words you shall raise], and this is correct,
since this is in accordance with the language of the Torah. It would thus
mean that you should raise up the commandment of “It should not be
hard in your eyes.” The Halachot Gedolot wrote this commandment, and
Nachmanides agreed, but Maimonides neglected it.
58. The law of “him and his son” you shall hide in your heart;
And do not give your son to Molech of the cruel ones.
He [the poet] insists that we hide deeply in our heart, so that we do
not forget it, the law of “Him and his son you shall not slaughter on the
same day (Lev. 22:28).” Since there might between the first slaughtering
and the [second forbidden] slaughtering close to twenty-four hours—
such as slaughtering the first at the beginning of the night and the sec-
ond toward the end of the following]day—he, therefore, warns not to
forget [the time of] the first slaughtering. This law [which tradition ap-
plies mainly to the mother and its offspring] includes both the mother
followed by the daughter [or son], or the daughter [or son] followed
by the mother. Nevertheless, it is only a single commandment, for we
learned (Mishnah Chullin 5, 3) that if one had slaughtered an animal
and its granddaughter, and then the daughter, he is punished with forty
lashes [prescribed for transgressing a prohibition]. Now, if these were
two separate commandments, he would be punished with eighty lashes,
forty for “him and his son” and forty for “his son and him.” These laws
are explained in a particular chapter about this in Tractate Chullin.
And do not give your son to Molech of the cruel ones. This pro-
hibition is separate, and is not just included in the [general] prohibition
against idolatry. For giving one’s child to Molech does not constitute
worship for that deity, since if it were worship for him, Scripture would
not need to prohibit it, because we are forbidden concerning any idola-
trous act which is usual for it [that deity]. But this is a kind of witchcraft
in which they would give their child to Molech. And the Torah warns
against this with a prohibition, and with [punishment by] cutting off.
It states (Lev. 18:21) “You shall not give of your offspring to offer them
to Molech.” And it says elsewhere in the section about witchcraft (Deut.
18:10), “Let there not be found among you anyone who offers his son
or daughter to the fire.” Some [e.g., Rashi] explain that they would do
nothing more than the father handing it [the child] to the priest, and
the priest would cause it to pass between two fiery torches. This is not
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correct, for why should the father be guilty because of the priest carry-
ing the child through. It is definite from verses in Jeremiah (32:35) and
other places that they would burn the child totally, as Ahaz did (2 Kings
16:3), and as Manasseh did (ibid., 21:6). And it seems so from the out-
come in the Talmud Sanhedrin (64b) and in the Yerushalmi (Sanhedrin
7, 10). And the expression “to offer (l’ha’avir, lit. to pass) to Molech” is
similar to (Num. 31:23) “You shall pass (ta’aviru) through fire,” which
means actual burning. Therefore, the poet says, “To Molech of the cruel
ones.”
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The “holidays of joyful song” means the first day and the last day of
Sukkot. Therefore, he says “holidays” in the plural, and these are days of
song and the season of our rejoicing. “And the holiday of atonement” is
self-explanatory. It would have been possible [to think that] the prohibi-
tion about resting during that night is one commandment, and that the
prohibition about daytime is another, for they bring this up in Tractate
Yoma (81a) [in explaining the several verses prohibiting work on Yom
Kippur, they say that one prohibits work during the daytime, and anoth-
er prohibits work during nighttime]. But these are to be counted as only
a single prohibition, since in Tractate Keritot (2a), when they enumerate
the thirty-six sins punishable by cutting off, they only enumerate eating
and working as two prohibitions.
61. And do not break a bone on the night of your coming out of
the pit,
And a razor shall not pass over the head of Nazirites.
The pit means the pit of exile, as in (Zech. 9:11) “I send forth your
prisoners out of the pit, wherein there is no water.” This prohibition is
not to break a bone of the paschal sacrifice, as it is stated (Exod. 12:46)
“You shall not break a bone of it.” The sages have stated (Pesachim 84a)
that if one broke of a clean paschal lamb, he is punished by whipping.
The poem is abbreviated, since it does not specify “a bone of the paschal
sacrifice.”
Concerning Pesach Sheni [which is performed later by one who was
unable to perform the paschal lamb observance at the normal time],
there is a separate prohibition, i.e., “They shall not break a bone of it”
(Num. 9:12). This is proved in Pesachim (85a), where it says about Pesach
Sheni that the verse (ibid. Num. 9:12) was not necessary, since it is also
stated [later, in the same verse, that the lamb of Pesach Sheni should be
treated] in accord with all the laws of [the first] paschal lamb. It is con-
cluded [in the Gemara, according to the principle that redundant verses
can extend the scope of the law] that [the law against breaking bones
applies] whether the bone has marrow or does not have marrow (end of
Pesachim 85a citation). Now, had it said that the verse [about not break-
ing a bone for the Pesach Sheni] was unnecessary on account of that law
having been stated for the regular paschal offering, then the two of
them would be enumerated as only a single commandment, since [the
two verses] would only be coming to complete the law, as is known from
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the Principles (No. 9). But since the law was only considered redundant
on account of what was written about Pesach Sheni itself, i.e., “According
to all the laws of the paschal lamb (Num. 9:12),” they are, therefore,
two separate prohibitions. They also stated there (Pesachim 85a) that
the verse “According to all the laws of the paschal lamb” sounds like it
might only mean a positive commandment. How do we know that there
is also an actual prohibition? It is from the words “And they shall not
break a bone of it.” [This also implies that the latter clause is actually an
independent prohibition.]
And a razor shall not pass (Num. 6:5). Both one who shaves [the
Nazirite] and the one who is shaved [i.e., the Nazirite] are punishable,
even for [removing] one hair, as is mentioned in Tractate Nazir (41a).
62. And it shall not come out of his mouth that he should be-
come unclean for his father,
Nor for his sister, or brother, or any other [close relatives].
A Nazirite is forbidden to become unclean by means of a corpse, even
if they are close relatives, and this is a single prohibition (Maimonides
No. 207). He is also prohibited (No. 208) from entry into a tent with a
corpse. Thus is it stated in the Gemara (Nazir 42b) that Scripture states
fully in a verse (Num. 6:7) “He shall not let himself become unclean.”
When it further says “He shall not enter,” this means that he is for-
bidden to let himself become unclean and he is also forbidden to en-
ter.110 But if the entry and defilement occur simultaneously, e.g., if one
entered the house of a sick person, who then died, this is a situation
where entry and defilement occur simultaneously and he is punished
[with whipping] twice.
What he says “It shall not come out of his mouth” [this phrase is
appropriate for a vow, as in Num. 30:3], it means that he should not vow
to become a Nazirite on condition that he be allowed to defile himself
by a corpse. For this is making a condition which uproots the words of
the Torah, and if one does this, he would be punished, as explained in
Nazir (11a).
110 Becoming unclean can happen by touching or by a part of the Nazirite’s body being within the
same tent as the corpse. If the Nazirite enters partially, he immediately becomes unclean. The
rabbis held that once he has thus defiled his Nazirite status, subsequent entry with his whole body
does not make him guilty of “He shall not enter,” and he is not subject to another punishment.
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63. And he shall not drink wine, which reddens the eyes,
Nor wine vinegar, nor the other things.
As to why he wrote before (Stanza 62) “It shall not come out,”111 and
here [he wrote] “He shall not drink,” which is [also] singular form, while
it says (Stanza 61) “And a razor shall not pass over the heads of the
Nazirites,” in the plural form, it is because the poetic form [requiring
each stanza to end with the sound “rim”] forced it. And it [the plural]
means to say every one of the Nazirites.
Included in the prohibition of drinking wine is the prohibition
against drinking vinegar, but there is no separate prohibition for vin-
egar. Maimonides (Sefer Hamitzvot, Prohibition No. 206) brings proof
for this from what they said in the Gemara Nazir (38b) that if one ate
fresh grapes and raisins, grape skins and grape seeds, and squeezes a
bunch of grapes, he is punished with whipping five times. Now, in the
Gemara, they looked for a separate commandment in addition to those,
which had been omitted by the teacher. They said that he might have
omitted the prohibition not to profane his word (Num. 30:3). But it
does not say that he might have omitted the case of vinegar. It is thus
evident that one is not punished for vinegar as an independent prohi-
bition. When the Torah says (Num. 6:3) “The vinegar of old wine and
the vinegar of new wine he shall not drink,” this is to say merely that
it is forbidden to drink wine, even if it becomes vinegar, and it is all
encompassed in a single prohibition.* The prohibition of drinking wine
is (Num. 6:3) “He shall not drink any grape liq- *The words v’lo shetiyat
uid.” From this verse they derived in the Gemara yayin, etc., as they stand
are incomprehensible to
(Nazir 36a) that if something is flavored with a me. If v’lo were replaced
forbidden substance, it is forbidden just as is the by v’lav, it would make
original substance. sense as follows.
Nor the other things are fresh grapes, raisins, seeds, and grape
skins, thus making five prohibitions punishable by whipping, as we
mentioned, and thus did they say in the Mishnah (Nazir 34b). Now,
Maimonides counted them as five in his great code, but in the first ver-
sion of his Sefer Hamitzvot that reached Nachmanides’s hands, they were
counted as only one commandment. And this was also Maimonides’s
opinion (Principle 9) to count them as a single commandment, i.e., to
111 Actually, the crucial thing that indicates a singular rather than a plural for the Nazirite is the word
mipiv, “from his mouth.”
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———————————————— The Negative Commandments ————————————————
forbid anything that comes from the grape vine (see Num. 6:4). But
in the later versions of Sefer Hamitzvot that came to our hands, he
[Maimonides] reversed himself and counted them as five separate pro-
hibitions, as in his great code. This [disagreement between Nachmanides
and Maimonides] is in accordance with their disagreement about lav
shebichlalut, about which I wrote in the Principles (No. 9).
112 Hoka’ah as hanging is much rarer than the more common t’liyah.
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———————————————— The Negative Commandments ————————————————
113 Both hapheh, “place him on the edge” and aphehem “I will destroy him” being derived from pe’ah, an
edge.
114 Which means that he need not examine further for a hair, since it is unclean regardless.
— 301 —
———————————————— The Negative Commandments ————————————————
to what I wrote previously (Stanza 53) about the verse (Lev. 27:33) “He
shall not search whether it be good or bad.”115 These words [that verbs
expressing negation are not to be construed as prohibitions] apply even
more so in the present case (Lev. 13:36).
But it is better to explain this stanza as being a prohibition for those
unclean [not specifically from “leprosy”] not to enter the encampment
of Levites [which requires a certain level of sanctity]. This is according
to the verse (Deut. 23:11) “If there is a person among you who becomes
unclean, etc., he must not enter the camp.” And in the Gemara Pesachim
(68a) they said that “he must leave the camp” (ibid.) refers to the camp
of the Shechinah [more holy than that of the Levites], and “he must not
enter into the camp” refers to the camp of Levites.116 Ravina questioned
this, since both clauses might refer to the camp of Shechinah, [and there
would still not be a redundancy, the purpose being] to indicate that the
transgression involves both a positive statement and a negative [pro-
hibitory] statement. [The reply to this is that] for this purpose Scripture
could say just “He must not enter into,” i.e., it could have just said, “He
must not enter into it.” Why is the unnecessary word the camp added? It
is to imply that another camp is meant. They also said in the Sifre (Tetze
120) that “he must not enter into the camp” is a prohibition [this again
emphasizing that this verse constitutes a prohibition].
What verifies that this is the meaning of this stanza is that attached
[to the law of not entering the camp] is the [clause] (Deut. 23:15) “That
He shall not see any unseemly thing in you,” this verse appearing in the
same portion [as the verse about an unclean person entering into the
camp]. Now, Nachmanides did not count “He shall not see any unseemly
thing in you” as a prohibition. But the Halachot Gedolot and the author
of the S’mak do count it. And in Berachot , Chapter Mi Shemeto (25a),
about the case of nakedness through a glass pane, that one is forbid-
den to recite the shema in its presence, and they say that this is from
the Torah [i.e., they attributed this prohibition to “He shall not see any
unseemly thing in you”]. Therefore, it is a full-fledged prohibition which
belongs in the enumeration.
Now, Nachmanides wrote that “and you shall be wary against any
115 Note that the Hebrew for “shall not search” is the same as that for “look for” in (Lev. 13:36), i.e., lo
y’vaker.
116 The text in the Gemara is the reverse.
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———————————————— The Negative Commandments ————————————————
66. And you shall not measure out interest to burden the poor;
And the law that “you shall not do so” to the mightiest of the
mighty.
— 303 —
———————————————— The Negative Commandments ————————————————
I have already written that one of the prohibitions about taking in-
terest is not to be an intermediary between them [the borrower and
the lender], as it is said (Exod. 22:24) “You shall not place interest upon
him” [according to Talmudic exegesis]. This is indicated by “You shall not
measure out,” which implies that the arrangement shall not be consum-
mated in any way through you.
And the law that “you shall not do so” is a prohibition not to
detroy any things that are dedicated to God, exalted is He. Just as we are
commanded to do so to idolatrous objects, as it is said (Deut. 12: 24),
“You shall surely destroy all the places, etc.,” “and you shall break down
their altars, etc.,” “and you shall obliterate their name,” and [conversely],
“you shall not do so unto the Lord your God” At the end of Makkot (22a),
they said that one who burns wood belonging to the Temple treasury is
punishable by whipping, and also one who wipes out the Divine Name is
punished by whipping on account of this prohibition.
67. Do not hide your eyes from the lost and fallen;
And you shall not make gods like the vain things of foreigners.
There are two separate prohibitions that deal with ignoring. One is
concerning the ox or sheep who strayed, and also included is any lost
thing, as is written in the Parashah Ki Tetze (Deut. 22:1–3), “You shall
not see your brother’s ox or sheep gone astray [and just ignore it, etc.];
and so shall you do with anything of your brother that is lost, and
that you find it, you must not ignore it.” Also they said in the Mechilta
(Mishpatim 24) concerning a lost article, that we learn that one [who
ignores a lost thing] transgresses both a positive and a negative com-
mandment (the positive commandment is given in Stanza 24 of the
Positive Commandments). Likewise, in the Gemara (Bava Metzia 32a),
they said that returning a lost thing involves a positive commandment
and a prohibition. And also they state in the in the Sifre that (Deut.
22:1) “You shall not see your brother’s ox, etc.” is a prohibition.
Now, the second [prohibition] is about an animal who is fallen, lying
under its burden, and this is said (in Deut. 22:4) “You shall not see your
brother’s ass or ox fallen, in the road and ignore them.” In the Mechilta
(Mishpatim ibid.), they explain that there is both a positive command-
ment and a prohibition about this. The poet chose here the expression
in the Scripture “Your brother’s ox or his sheep gone astray” and “Your
brother’s ass or ox fallen.”
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———————————————— The Negative Commandments ————————————————
When it says “And you shall not make gods,” this is not to prohibit
constructing them, for he [the poet] already wrote down “You shall not
make an idol,” as I have written (Stanza No. 8). But it comes to forbid
doing an action in order to turn one’s intention to it, and this is indi-
cated by the concluding words “like the vain things of foreigners,” who
do turn their attention to them.119 Turning to gods is an enumerated
prohibition, and one is punished with whipping for this. Thus did they
say in the first chapter of the Gemara Eruvin (17b) that one might have
[mistakenly] thought that “you shall not turn to the gods” (Lev. 19:4)
is also not punishable by whipping, which shows that one is punishable
by whipping, even though the word al [the less common expression for
“not”] is used, rather than lo [the common word for not].
There are some whose version (in Eruvin 17b) is “Do not turn to
ghosts or familiar spirits” (Lev. 19:31) [instead of the “Do not turn” of
verse 19:4]. But this is incorrect, since that prohibition does not entail
whipping, but stoning, since a prohibition that results in capital punish-
ment by the court is not punishable by whipping, as mentioned there,
and the same applies in the last chapter of Shabbat (154a).
The content of this prohibition [not turning to idols] is that it is for-
bidden to gaze at images. And so they said in Shabbat, Chapter Shoel
(149a), that it forbidden to read on the Sabbath inscriptions that go
under a picture or image [since it resembles reading contracts on the
Sabbath, which is forbidden]; and it is forbidden on a weekday to look
at the idolatrous image itself, as it is said, “You shall not turn unto the
gods.” And the reason for this prohibition is obvious.
119 I here translate asiyatan as “doing an action,” since this is closer to the truth, since he just said that
this is not about making an idol.
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———————————————— The Negative Commandments ————————————————
only a single [commandment]. [This is] because both verses are needed
to make the subject complete, as they said (Sifre Tetze 82), “Wearing
is included in the general statement [‘There shall not come on you’], so
why is it [actually wearing the mixed cloth, not just having it on you]
mentioned specifically [in ‘You shall not wear’]? It is to deduce from it
and conclude that just as wearing has the special character that it is for
the enjoyment of the body, so anything that is for the enjoyment of the
body is meant [e.g., a bed sheet], and it excludes [from the prohibition]
anything that is not for bodily pleasure [e.g., a salesman draping goods
over his arm to display it to a customer].” Since both verses are needed
[to clarify the law], we only count them as a single commandment, as is
known from the Principles.
And do not cause date honey [or leavening] to smoke [by put-
ting it into a burnt offering]. Maimonides counted [burning] leaven
and honey as only a single prohibition because it is a Lav Shebichlalut.
But Nachmanides counts them as two prohibitions (see his critique on
Maimonides’s Prohibition No. 98), and he gives as a reason for his words
that there is a separate prohibition for leaven, as it is said (Lev. 2:11) “No
meal offering which you offer to the Lord shall be made with leaven.”
Thus, when Scripture says (ibid.) “For you shall make no leaven or honey
smoke as a burnt offering to the Lord,” this is a prohibition especially
concerning honey, and one should be punished by whipping for that
separately.
He brings proof from what is said in Keritot (5a) that one who eats
bread and parched corn and fresh grain [preceding the Omer], is sub-
ject to three whippings. They give the reason that parched grain is un-
necessary [and thus its presence is understood as grounds for separate
punishment]. They objected to this that one would say that parched
grain, being redundant, is separately punished, while for transgressing
all [three], one would be guilty of just one [extra] prohibition, i.e., one
would be punished for all of them twice, not three times. They replied
that in that case, Scripture would have said “bread, fresh grain, and
parched grain,” or it could be written as “parched grain, bread, and fresh
grain.” Why does it write parched grain in the middle [thus separating
bread and fresh grain]? It is to imply that bread is separately punishable
like parched grain, and fresh grain is separately punishable like parched
grain (see above Stanza 37 in the Zohar Harakia).
It is evident from this that it is only in instances where there is a
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———————————————— The Negative Commandments ————————————————
69. And you shall not offer up My food, nor pour in My name
On My inner altar, which is in front of the fawns.
Maimonides counted as a single prohibition (Exod. 30:9) “You shall
— 307 —
———————————————— The Negative Commandments ————————————————
not offer alien incense on it, or a burnt offering or a meal offering, nor
shall you pour a libation on it,” referring to the golden altar, which is
called the inner altar, and that is the altar of incense. But I wonder why we
do not count “You shall not offer” as one thing, and “Nor shall you pour”
as another. For the meaning of “offering” is not the same as “pouring.”
We have previously (Stanza 54) counted (Num. 5:15) “He shall not pour
oil on it, and he shall not put frankincense on it” as two [prohibitions],
so why should not count these as two? And Maimonides has brought
no substantiation from the Talmud nor from other rabbinic sources for
this prohibition [indicating it as a single commandment]. I have indeed
seen that Rabbi Levi ben Gershon in his commentary on the Torah is of
the opinion that these should be regarded as two prohibitions. It would
seem [that they could properly be taken as just one prohibition], since
both clauses are needed to make the law complete, like the prohibition
regarding sha’atnez, and similar instances.120
When he writes “in front of the fawns,” he refers to the staves of
the ark which protrude into the curtain like a woman’s nipples, as they
describe in the Gemara Yoma (54a). They refer this to the verse (Song
4:5) “Your two breasts are like two fawns, twins of a gazelle.”
70. Do not take refuge in the shadow of Nof, nor do like them;
And do not test God, as the rebellious ones did.
This is the prohibition that one may not reside in the land of Egypt.
The poet bases his expression on the verse (Isa. 30:2) “To take shelter
in the land of Egypt.” In the Torah, there are three prohibitions about
this: (Exod. 14:13) “You shall never more see them,” (Deut. 17:16) “You
shall not go back that way again,” and (Deut. 28:68) “Which I told you
that you shall not see it again.”121 They indeed stated in the Gemara
(Yerushalmi Sukkah 5, 1) that in three places the Holy One, blessed is
He, commanded Israel not to return to Egypt, and in three instances
they did return, and for all three they were punished.
In the Gemara Sukkah (51b), it states that Alexandria, Egypt is
part of the forbidden territory. Maimonides wrote (Sefer Hamitzvot,
Prohibition 46) that from the sea of Alexandria the forbidden land of
120 The analogy between our case and sha’atnez has been questioned by Perlow.
121 Maimonides points out in Prohibition No. 46 that we take all three statements as prohibitions
according to rabbinic tradition, although the simple meaning in some cases indicates a promise
rather than a prohibition.
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———————————————— The Negative Commandments ————————————————
Egypt extends 400 parsas in width, for that dimension of Egypt is given
in the Talmud (Ta’anit 10 b). He [Maimonides] is thus explaining that
from there [Alexandria] that country [Egypt] begins.
The reason why nowadays people consider it permissible [to go to
Egypt] and even Maimonides dwelt there, is, in the opinion of some,
that it was only forbidden so that we should not learn [wrongful behav-
ior] from them; but nowadays they are not more evil than other peoples.
But this does not seem correct to me, for they clearly stated (Yerushalmi
Sanhedrin 10, 8) that you shall not go back to dwell, but you may go back
for business, etc. Now, since it is permitted to enter it for business, if
thereafter you settle there, you have not done a forbidden act, for you
entered in a permissible way. And in the Sefer Hamitzvot Hagadol, it is
written that the Torah only forbids leaving the Land of Israel for Egypt,
which is implied by the expression of Scripture which says (Deut. 17:16)
“And the Lord said to you ‘You shall not go back that way again.’”
Nor do like them. This statement does not refer to what the Torah
said (Lev. 18:3), “You shall not do according to the doings of the Land
of Egypt where you dwelt.” For that prohibition, if it is a summary of
the forbidden sexual relations (ibid., vv. 6 ff), it would not be proper
to count it, only the particular [relations should be counted]. And if it
is a particular [prohibition] about the ways of the Amorite [degrading
heathenish practices], there is already another scriptural statement
(Lev. 18:3), “And you shall not walk in their statutes,” which the poet
wrote later on (Stanza 80), “You shall not walk in the statutes of their
observance.”
But the commentator on the Azharot [Rabbi Moses ibn Tibbon] in-
troduced [as the meaning] here the prohibition against castration, as it
is said (Lev. 22:24) “That with [its testicles] bruised or crushed or torn
or cut . . . and you shall not do such things in your land.” Just as it is
forbidden to castrate any cattle, or beast, or bird [which is the subject
of v. 24], so it is forbidden to castrate a man [according to rabbinic in-
terpretation]. And in Chapter Ein Dorshin (Chagigah 14b) it was asked
if one may castrate a dog.122 [Its prohibition is included in] what is said
122 Rashi explains that the case of a dog was specifically asked, since the prohibition of castration is
drawn from Lev. 22:24, which is in the context of animals being rendered invalid for sacrifice; and
the dog is already totally invalid, since not only is a dog forbidden to sacrifice, as are other unclean
animals, but also, according to Torah law, even a clean animal which is exchanged for a dog is
invalid.
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———————————————— The Negative Commandments ————————————————
(Lev. 22:24) “You shall not do this in your land.” And in Shabbat (110b)
it says, “Where is castration among humans forbidden in the Torah? It
says (Lev. 22:24) ‘You shall not do this in your land,’ [which implies that]
you shall not do this to any amongst you.”
And do not test God. This is a prohibition against testing God,
exalted be He, saying “Let me test whether by being good it will go
well with me, as God promised.” Such a thing is forbidden except in
the matter of tithing, as expounded in the Gemara Ta’anit (9a) [about
the words in Deut. 14:22 aser t’aser, that they should be interpreted
not as “you shall surely tithe” but as“tithe (aser) in order that you will
become rich,” by reading titasher or te’asher, rather than t’aser]. They
bring as support for this [that one may “test” or expect that one should
be rewarded for tithing] the verse (Mal. 3:10) “Bring all the tithe into
the storehouse . . . and try me with this, etc.” And in the Yerushalmi,
Tractate Yoma (1, 4), they said that they used to designate a substitute
High Priest for Yom Kippur [who would perform the service in case
the real High Priest became unclean], even though miraculously there
never occurred an incident that would defile the High Priest on Yom
Kippur. For one should not depend on a miracle [since expecting di-
vine intervention is a kind of testing of God]. A similar case is (1 Sam.
16:2) “Take a heifer with you” [where Samuel is instructed to employ
a stratagem so as not to be endangered by Saul’s wrath, even though
God could intervene to save him]. They quote in this connection the
verse which says (Deut. 6:16) “You shall not test the Lord your God.”
As the rebellious ones did is like the expression in the Torah (ibid.)
“As you tested in Massah.”
71. And [regarding] the law of “They shall not appear,” you shall
fear his words,
So that you find life and peace like rivers.
One who goes as a pilgrim on a festival, but does not bring a sacrifice,
transgresses a prohibition, as it is said (Exod. 23:15), “No one shall ap-
pear before Me empty,” as it is explained in the Gemara Chagiga (7a).
When he says “You shall fear his words,” he is referring to this
prohibition, that he should not transgress it. He is saying, in effect,
“Regarding this statute, His fear shall be upon your face (Exod. 20:17).”
This is similar to the saying (Chagiga 4b) that if a master looks forward
to his slave coming to see him and eat at his table, [it would be a terrible
— 310 —
———————————————— The Negative Commandments ————————————————
thing] if he kept his distance [thus, if a pilgrim does not come with his
sacrifice, it would be a terrible thing]. He [the poet] promises that if one
fulfills this commandment, he will find life (see Prov. 4:22 and 8:35),
and that his peace will be like a river (Isa. 66:12). And we found in place
of “rivers” (neharim) “streams” (ye’orim).123
123 If this is a different version, it does not seem well founded, in view of Isa. 66:12. If the text would
read not “in place” but “place,” we would have simply a citation to Isa. 33:21, “A place of rivers and
streams.” In this version, the citation would not add anything worthwhile.
— 311 —
———————————————— The Negative Commandments ————————————————
after its kind, and then (ibid., v. 16) ‘those that came in were male and
female of all flesh.’” Also, when they left [the ark], it is written (Gen.
8:17), “Bring out with you every creeping thing that creeps on the earth;
let them swarm on the earth and be fertile and increase on the earth.”
And Nachmanides brings other verses as proof. Also, there is proof in
the words of the sages who said (Shabbat 107 b), “The other rabbis only
disagree with Rabbi Eliezer in the case of lice, which do not reproduce,
but they agree with him concerning other detestable things and creeping
things (remasim) that reproduce.”124 Therefore, Nachmanides explains
that this Baraita (in the Sifra) did not deduce this [about non-reproduc-
ing species] from the term haromess, but from the inclusive term with all
(in Lev. 11:44, “With all the swarming things that move”). Accordingly,
Nachmanides deletes this prohibition [non-reproducing species as a
distinct commandment] from the enumeration. For all swarming things
on the earth, whether reproducing or not, are included in this verse, and
it is a single prohibition on a single subject.
Concerning swarming things in the water, it is written (Lev. 11:43)
“Do not make yourselves detestable with any swarming thing that
swarms, and you shall not make yourselves unclean with them.” This
prohibition does not specify land, or fowl, or water creatures. So if one
ate a swarming thing from the water, he is punished by whipping because
of this [prohibition]. But Nachmanides deletes this prohibition because
*In Principle 9, there is a sharp
it is included together with [the prohibition
difference between Maimonides about] unclean fish, as is evident from the
and Nachmanides about Abaye’s words of Abaye, as I wrote in the Principles.*
statement that one who eats
a putitha is punished four Concerning worms in fruit, it is written
times. Nachmanides opposes (Lev. 11:42) “All swarming things that swarm
Maimonides’s view that the
putitha has characteristics of four
upon the earth, them you shall not eat”
types of forbidden creatures. [which is interpreted to imply that] if the
Nachmanides’s view is that worms breed while it [the fruit] is attached,
a putitha is a fish, and that
there are four different verses it is forbidden, but if they breed after it is
concerning such an unclean water cut off, it is not forbidden, unless it emerged
creature, so that although the
unclean fish is counted as a single
and crawled upon the earth, as is explained
prohibition, it is nevertheless in the Gemara Ela Terefot (Chullin 67a).
punishable four times. Although Maimonides says (Prohibition No.
124 This clearly shows that “creeping things” can apply to either reproducing or non-reproducing
species.
— 312 —
———————————————— The Negative Commandments ————————————————
178) that if it crawled over the surface of the fruit, it becomes forbid-
den, Nachmanides (in Principle No. 9) objects to him [Maimonides]. He
thus deletes this prohibition from the enumeration, since it is included
within the prohibition against creatures that swarm upon the earth.
That which he says “Be very strong and courageous” comes from what
the sages stated (Sifre Re’eh 42) about the topic of blood, as Scripture
states (Deut. 12:23) “Be strong not to eat blood,” that this verse tells
us how much one must be strong concerning the commandments. For
blood is something by which the soul of man is disgusted (choteh), [that
word choteh ] meaning katzah [a more common verb expressing disgust].
Nevertheless, the Torah gives warning about it [to be strong], so much
more [one must be strong] concerning other prohibi- *Our translation
tions that a person’s soul desires.* Furthermore, the omits the next
Torah states concerning them [the unclean swarming four Hebrew
words V’hu hadin
creatures] “For I am the Lord who brought you up from li’shekatzim
the Land of Egypt” to emphasize [the importance of] ur’masim, which
do not appear in
the prohibition, as the sages stated in Eizehu Neshech the MS version.
(Bava Metzia 61b), [where the words who brought you up
are said to suggest spiritual ascension].
I previously wrote at the end of the positive commandments (Stanza
82) that Nachmanides (Additional Prohibition No. 6) added to the
prohibitions that of [eating] the bird slaughtered for the “leper” [upon
his purification]. Maimonides, however, includes this **Nachmanides
among other unclean birds.** Also, it is forbidden to discusses other
have benefit from the heifer whose neck was broken instances where a
prohibition is not
(Deut. 21:1 ff), although there is no specific prohibi- clearly expressed,
tion. It is only that the [idea of] forgiveness is written but is inferred, as
follows.
there (v. 8), and just as it is in the case of sacrifices, so it
[the heifer] is included with them [the sacrifices].
Also, it is forbidden to benefit from the firstborn of an ass, and
this is derived by a gezerah shavah (Bechorot 10b). Nachmanides wrote
(Additional Prohibition No. 6) that it would be proper to enumerate it,
just as we count an uncircumcised man being forbidden to eat terumah
(see Stanza 53), although it is only derived by a gezerah shavah from the
case of a paschal lamb [being forbidden to one who is uncircumcised].
He indeed included the case of the heifer, since he needed it to complete
his enumeration. But according to his way [of thinking], he should have
added another prohibition, namely, that it is forbidden to benefit from
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———————————————— The Negative Commandments ————————————————
a corpse. This is derived from a gezerah shavah based on the word there
(shahm) occurring in verses pertaining to death (Num. 20:1) and the
heifer whose neck was broken (Deut. 21:4), as mentioned in chapter 2
of Avodah Zarah (29b).
And do not oppress the stranger [i.e., convert] is a prohibition
concerning converts, and it is an enumerated commandment. For con-
cerning verbal oppression, they stated in Gemara Bava Metezia (5b)
that, if one verbally oppresses him [a convert], he has transgressed both
on (Lev. 25:17) “You shall not oppress each other” and on (Lev. 19:33)
“You shall not oppress him [the convert].” And it is likewise proper to
enumerate as two separate prohibitions monetary oppression to a fellow
Israelite (see above Stanza 17 in the Prohibitions) and that to a convert.
73. Regarding “You shall not deal deceitfully” search and inves-
tigate thoroughly,
And regarding “You shall not practice divination,” like re-
volting deviants.
The prohibition “You shall not deal deceitfully” (Lev. 19:11) means
that one should not deny that he has money belonging to his fellow,
either as a deposit or as a loan. It is stated in the Sifre that from the
verse (Lev. 5:22) “If he deals deceitfully and swears falsely,” we learn
that one is punished for this. Where is the prohibition stated? It is from
the verse (Lev. 19:11) “You shall not deal deceitfully.” This prohibition
means that one should not falsely deny in court. And even if one did not
take an oath, he transgresses the prohibition.
When he says “Search and investigate thoroughly,” this is alerting
judges to be careful so that people should not deny and swear with
deceit, as they mention in connection with the incident with the cane
which happened to Rava (Nedarim 25a), [where a man’s oath concern-
ing his returning a deposit to it rightful owner was technically correct,
but still misleading]. Therefore, when we take oaths, we add “In accord
with the understanding of the Omnipresent and in accord with the un-
derstanding of the Court.”
And in the matter of “You shall not practice divination” (Lev. 19:26),
the meaning of nachash (practicing divination) is that expressed in the
Sifre (Shofetim 60), like saying “My bread fell from my mouth,” or “My
cane fell from my hand,” or “A snake passed on my right side,” or “A fox
passed on my left” [as portents of the future]. Also, in the Sifra it gives ex-
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cooking, the next to the prohibition of eating, and the third to the pro-
hibition of having benefit [other than eating]. So if one cooked it and
ate it, he is punishable with two whippings. And they say there (ibid.,
114a) that if one cooks an olive’s bulk of meat with milk and eats it, he
is punished twice, once for cooking it and once for eating it. Also, they
said in Tractate Makkot (21b) and in Tractate Betzah (12a) that if one
cooks the sinew of the thigh vein in milk on a holiday and eats it, he is
guilty for five whippings: for [eating] the sinew of the thigh vein; for
cooking meat and milk; for cooking on a holiday [something that cannot
be eaten]; for kindling a fire; and for the prohibition of benefiting [by
eating the meat]. These are proofs that these two prohibitions should be
counted as two separate commandments.125
Now, Maimonides decided not to count the prohibition of benefit-
ing as a separate prohibition, since benefiting is part of eating, and it
is not correct to [separately] enumerate eating and benefiting, since
benefiting is part of eating. But I have my doubts about this matter
because of what they state in Chapter Kol Sha’ah (Pesachim 25a) that
the Torah’s reason for not speaking about eating itself [it only alludes
to it by repetition of the cooking prohibition] is to indicate that one is
punished for it [eating] even when done in such a way that he derives no
enjoyment from it. Thus, it is proper to count the prohibition of eating
without enjoyment, e.g., when one eats it so hot that it scalds his throat.
Indeed, Maimonides explains thus another prohibition (Prohibition No.
193) regarding diverse mixtures of the vineyard [e.g., a vineyard sown
with grape seeds together with other seeds]. In that case, eating is not
mentioned, but it states (Deut. 22:9) “pen tikdash” [lit. “lest it be holy”]
as [really meaning] “pen tukad esh” [“it must be destroyed by fire, since
it is forbidden to eat or otherwise enjoy”]. The sages say (Pesachim 24b)
that on account of this, if one ate them [mixed products of the vineyard]
in a way that he derived no enjoyment, he would be punished with whip-
ping, and the prohibition of enjoyment, whether by eating, selling, or
another enjoyment would be a separate prohibition. So if a prohibition
would be expressed in the language of “eating,” he [Maimonides] would
be right [in insisting that eating and enjoying constitute a single prohi-
bition]. But since [the prohibition about a mixture of milk and meat] is
125 One might think that the versions in the Gemara which have eating listed rather than benefitting,
would be more appropriate here in view of the previous words in the paragraph.
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126 If this discussion of the Zohar Harakia seems incoherent to you, do not be dismayed, because
Perlow in his treatise on Saadyah Gaon’s enumeration of the commandments [Vol. II, p. 60b]
similarly found the reasoning jumbled.
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first interpretation [of Rava’s words], but according to the latter inter-
pretation, he is not punished at all. And Maimonides rejected Abaye’s
opinion, and he decided according to the first opinion of Rava’s words,
and that he is punished once. Therefore, he counts incompletely roasted
and boiled as a single commandment. But his words are really surpris-
ing, for, as the accepted rule is that you are not punished by a whipping
for a lav shebichlalut, why did Maimonides decide in accordance with the
first version that he is punished once? He should have decided the law
that he is not to be whipped at all. Furthermore, this [is what is stated]
in the latter version, and we have a rule that the law is in accord with lat-
ter versions. Also, in cases of doubt about bodily punishment one takes
the lenient view [the latter version, that this transgressor is not to be
whipped at all, is the more lenient alternative].
But the meaning of Rava’s words is not like Maimonides’s inter-
pretation. For Rava does not disagree with Abaye about the [explicit]
prohibitions against incompletely roasted meat and boiled meat; one
is definitely punished for each of them [individually]. He only differs
about the prohibition that encompasses both of them, i.e., “Do not . . .
except what is roasted in fire (Exod. 12:9),” which includes incompletely
roasted and boiled. It is about this that he [Rava] said that one is not
punished by whipping. So if he ate incompletely roasted meat, he is pun-
ished once; if he ate boiled meat, he is punished once; and if he ate both
incompletely roasted and boiled meat, he is punished twice; but he is not
punished due to the general prohibition at all. There are many proofs for
this from the Gemara, and this is how Nachmanides explained. Thus,
they constitute two [enumerated] commandments. On account of this,
there is no disagreement at all between Abaye and Rava according to the
first version [of Rava’s words], everyone agreeing that one is punished
*The difference is that once for the general prohibition.*
Abaye holds that the However, some interpret it that if one was
punishment for the
general prohibition is
warned [corporal punishment is administered
in addition to that for only if someone had warned the transgressor
the specific prohibition, that the action is forbidden by the Torah] that if
while Rava would say
that, although a general one ate incompletely roasted meat, but the fore-
prohibition is punishable warning was in terms of “Do not eat anything
usually, it is not so in
this case, because it is
that is not roasted,” the transgressor is punished
redundant to the specific once according to the first version [about Rava’s
prohibition. words]. However, according to the second ver-
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127 See additional discussion in chapter 27 in my book The Puzzle of the 613 Commandments and Why
Bother.
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77. Do not make them serve with the servitude of their slaves,
For they have been sold to Me as slaves.
This is the prohibition of (Lev. 25:39) “Do not subject him to the ser-
vice of a slave,” so it is appropriate to refer to this as “the servitude of
their slaves.” The whole thing [i.e., the whole stanza] together is about
“servitude of their slaves,” for they [your brothers] are princes, who
deserve that others should serve them, not that they should be slaves.
Scripture gives the reason as (v. 55), “For unto Me the children of Israel
are slaves, etc.”
The expression in the Sifra (Behar 80, 2) is that [your Hebrew ser-
vant] should not walk behind you with linta, while he takes along objects
[for bathing use] before you to the bath house. The explanation given for
linta is a mat that one sits on when tired, and this is how Maimonides
explains it (Prohibition No. 257). But the exact meaning of linta is not
a mat, but indicates a degrading function, as they said in Yelamdenu (I
have not found this in the indicated citation, Tachuma, Noach 11), that
Abraham originated linta, as it is said (Gen. 25:6) “And to the children of
Abraham’s concubines Abraham gave gifts, etc.” And in Megillat Ta’anit
(chapter 3) they explain that it is a present that a person gives to chil-
dren of concubines.128
78. Do not tighten your hand, and do not stiffen your neck;
And do not give your money [in interest], as the haughty do.
Just as with the commandment of charity there come many [repeat-
ed] commandments, as we pointed out in the positive commandments,
so there are many prohibitions against refraining from it, and they all
constitute only a single item in the enumeration. He previously recorded
128 The citation in Megillat Ta’anit does not mention the word linta, but it does verify the idea that
Abraham gave Ishmael and other sons of concubines inheritances during his lifetime. Also, see
Appendix showing that Duran misquotes the Tanchuma.
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(Stanza 43) “You shall not harden your heart,” which also includes “You
shall not tighten your hand,” which is written adjacent to it (Deut. 15:7).
And do not stiffen your neck. The Halachot Gedolot counts this
prohibition, but Maimonides deletes this from his enumeration, since
it is a prohibition that encompasses the whole Torah, i.e., “You shall not
stiffen your neck” (Deut. 10:16) in not obeying all that I have commanded
you. And it is not right to count such all-encompassing prohibitions, as
is known from the Principles (No. 4). Nachmanides, however, wrote that
the prohibition is a specific one, the idea being that it is commanding the
people to obey the prophets and not to stiffen their necks in demanding
signs from them [to establish the authority of their pronouncements].
This is like what they did in the land of Egypt, according to the mean-
ing of what is written (Ezek. 20:5) “And I made Myself known to them
in the land of Egypt.” It then says (ibid., v. 7) “Let every man throw
away the detestable things of his eyes, and do not defile yourselves with
the idols of Egypt.” And then (ibid., v. 8) “They rebelled against Me, and
would not obey Me.” Likewise, it is written (Ps. 106:7), “Our fathers in
Egypt did not take note of your wonders,” and it is written (Ps. 95:8)
“Do not harden your heart, as at Meribah, as at the day of Massah in
the wilderness.”129 However, according to his [Nachmanides’s] words, he
should have also enumerated among the positive commandments “You
shall circumcise the foreskin of your heart” (Deut. 10:15). But in his
actual enumeration, he [Nachmanides] agrees with Maimonidesnides,
and I have not seen him bringing the prohibition into his enumeration.
And you shall not give your money [in a loan] with interest,
as the haughty do. I have already explained previously the matter of
the prohibitions of interest and how they are incorporated into the enu-
meration.
79. And your heart should not be grieved when you give to those
who dwell with you;
And there shall not be found among you those who practice
divination or who are charmers.
The commentator on the Azharot puts here the content of a single
commandment, i.e. (Deut. 15:9), “Beware lest there be a base thought
129 These verses exemplify stiff-necked rebelliousness, although the idea of “not demanding signs
from the prophets” is not directly supported.
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in your heart, saying ‘The seventh year, the year of release, is near.’” This
is a prohibition against refraining from lending so that the seventh year
would not release it [which would cause the lender to lose money]. This
prohibition does come into the enumeration, but that is not what the
poet meant. But [he refers] to what the Gaon [Halachot Gedolot] thinks
that there is an additional prohibition on top of others concerning char-
ity. This is (ibid., v. 10) “Your heart should not grieve when you give to
him,” although Maimonides did not record it. But Nachmanides’s opin-
ion agrees with the Gaon that this is a prohibition in addition to the
other prohibitions stated regarding the commandment of charity. He
[Nachmanides] explains that the meaning of this prohibition is that we
should give the poor person anything that we give him with a cheerful
expression and with good will. [Furthermore,] we should not have this
consideration about our money [as a loss], but [we should consider the
charity] as a gain and a blessing. For some people, although not harden-
ing their hearts and [although] they do give charity, they do not give to
the poor with a good feeling. Because of this, he adds the prohibition,
and accordingly it is proper to count this separately, for it is an aspect
that is separate from “hardening the heart.”
There shall not be found among you those who practice divi-
nation or who are charmers (Deut. 18:10–11). Every one mentioned
in this verse is listed as a separate prohibition, as is known from the
Principles (Principle 9). The meaning of “those who practice divination”
(kosem) is one who holds a stick and says “I will go” or “I will not go.” The
meaning of “charmer” (chover chaver) is one who whispers incantations
against snakes and scorpions that they should not cause harm.
80. And you shall not have your son pass, and you shall not
destroy your beard;
And your eye shall not have pity regarding destroying enemies.
I have already explained above (Stanza 58) what this “causing to
pass” is, and there is no additional prohibition here.
And you shall not destroy your beard. Because of the requirement
of the meter, the poet omitted mentioning “the edge,” for the text of the
verse is (Lev. 19:27) “You shall not destroy the edge of your beard.” It
states in Tractate Makkot (20a) that one may incur five whippings, two
for one [cheek], two for the other [cheek], and one at the bottom [chin].
For pe’ah means edge, and the cheeks have a width, so that each edge
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counts as a pe’ah. Therefore, there are two on one side, two on the other,
and the [chin] crop of the beard below also has an edge. Even though
there are five whippings [for the various edges], we do not count them
as separate prohibitions. From this fact, Nachmanides brings proof that
we should not count a lav shebichlalut [a single prohibitive statement
covering several cases] according to the number of separate whippings,
but according to the subjects contained in it. If they are separate, each
subject should be separately enumerated; if they are not separate, only
the one [general statement] should be enumerated. In this way, he dif-
fers with Maimonides, as I wrote in the Principles (No. 9).
And your eye shall not have pity. Maimonides (Prohibition No.
293) counted the prohibition of not having mercy for a person who is
pursuing [to kill someone]. He quotes the Baraita in the Sifre (Tetze 161,
12) that the verse (Deut. 25:12) “And you shall cut off her hand,” teaches
that you must save him [the man she is attacking] even at the expense
of her hand. And furthermore, if you cannot save him by cutting off her
hand, you must save him even at the expense of saving her life, which
is implied by “Your eye shall not have pity.” [The Sifre then generalizes
this to any case where someone is being lethally attacked, since] just as
an attack on the genitals may be lethal, and one must even cut off her
hand [to prevent this, as stated in this verse, so is it for any potentially
lethal attack].
Now, Nachmanides added the prohibition (Additional Prohibition
13) not to have pity on a murderer from the statement (Deut. 19:12–13)
“They shall hand him over to the blood-avenger; you shall show him no
pity.” It says in the Sifre (Shofetim 85, 12) that you might reason, “Since
one person has already been killed, why should we have the guilt of
this other person’s [the murderer’s] blood?” Therefore, Scripture says,
“You shall show no pity” (Deut. 19:21). That verse is said concerning
[the punishment of] false witnesses, but it is not different for other
[crimes]. Maimonides wrote (Prohibition 279), “[A judge is forbidden]
to take pity on one who has killed someone or caused him loss of a limb,
with regard to executing him or with regard to paying a penalty, as it is
said ‘you shall show [the word alav in the text is not translated] no pity’
(Deut. 19:21) and ‘[You shall show him no pity,] but you shall remove
innocent blood [from Israel]’ (Deut. 19:13).130
130 The near similarity of verses 19, 13 and 19, 21, i.e., “You shall show him no pity” and “You shall
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It seems to me that this prohibition (No. 279) was not recorded in the
text of Maimonides that came to Nachmanides’s hand, and that is why
he had to append it. But I am perplexed why Maimonides included “You
shall show no pity” as referring to false witnesses, which is a payment
for a fine prescribed for them, namely the compensation for [destroyed
limbs], together with the execution of a murderer. It [i.e., the case of
false witnesses] should rather be counted separately like the other pro-
hibitions [the lethal attacker and the intentional murderer]. In any case,
one should investigate the words of the poet who did not specify any
of these cases, but only that of idolaters [in this stanza] who are our
enemies (tzorerim). For it is also written about them in the parshah of
Ekev (Deut. 7:16) “You shall show no pity to them,” and the Halachot
Gedolot also wrote thus [in his list of prohibitions punishable by whip-
ping No. 173]. In keeping with this, he [the poet] follows it [in the next
stanza] with “You shall not make a covenant with them and their gods.”
But among the later enumerators of the commandments we find none
who count this commandment [not to show pity], since it is included
in (Deut. 20:16) “You shall not let a soul remain alive,” which is already
mentioned below (Stanza 82).
81. You shall not make a covenant with them or their gods;
And you shall not, like them, make broken cisterns.
It is a prohibition not to make a covenant with the seven nations
[original inhabitants of Canaan], and not to allow them to be with their
idolatry, as it is said (Exod. 23:32), “You shall make no covenant with
them and their gods.” This prohibition ought to be counted, just as other
commandments dealing with the seven nations are, since they apply
throughout all generations, as long as any one of them is still extant in
the world, as is made clear in the Principles (No. 3) and in the positive
and negative commandments [we here have combined the MS and the
printed version, since examples of this type of commandment are found
in all parts of the Book of Commandments].
And you shall not, like them, make broken cisterns. This is not
a separately enumerated prohibition, but it covers all sorts of idolatry, as
show no pity” has caused some discussion about the correct text in Maimonides’s Prohibition 279.
We have followed Heller’s version and that of the MS version of Zohar Harakia. However, the Sifre
version given by Nachmanides has him (alav), and furthermore, it appears that this Baraita is not
found in our editions of Sifre.
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the matter is stated (Jer. 2:13), “They have forsaken Me, the fountain of
living waters, and have hewed for themselves cisterns, broken cisterns.”
83. They may not dwell in your land, and you shall not marry
with them;
And you shall not put down figured stones like those who
keep false vanities.
It is a prohibition not to allow idol worshippers to settle in our land, as
it is said (Exod. 23:33) “They shall not dwell in your land, lest they cause
you to sin against Me.” They [also] support this by the verse “lo t’chonem”
(Deut. 7:20), [whose plain meaning is “You shall not be gracious to them,”
as above, but by taking t’chonem from the root chanah rather than chanan,
this gives us the meaning] “You shall not let them encamp in the land,”
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neither by sale or renting, unless they agree not to engage in idolatry. For
the Torah gave the reason for this prohibition, “Lest they cause you to
sin against Me.” So if he took upon himself not to practice idolatry, and
would not cause you to sin, then he would be a ger toshav (resident alien),
to whom we are duty-bound to care for his sustenance.
The prohibition of “You shall not marry with them” (Deut. 7:3)
means that one cannot take anyone from the seven nations [of Canaan]
in marriage.131 Thus, they say in the Gemara Avodah Zarah (36b) that
the Torah forbids [intercourse] that is by way of marriage.
The prohibition regarding a figured stone is that one should not
prostrate himself on such a stone even in a synagogue. Therefore, it is
customary to spread out mats or reeds in synagogues, and not to make
stone floors. Thus, it is explained in the Gemara Megillah (22b). And in
the Sifra (Behar 105, 5), they said that “you shall not put down figured
stones in your land” implies that you shall not prostrate yourselves upon
such stones in your land, but you may prostrate yourselves upon stones
in the Temple.
The [idolatrous] nations keep false vanities as in the expression (Ps.
31:7), “I hate those that keep false vanities”; and the kof of comparison
refers to “those,” not to the “false vanities,” and it is as if stated kashom-
rim havlei shav [rather than the word order being k’havlei shav shomrim].
84. And you shall not leave a responder in a city that has be-
come a harlot;
It shall not be rebuilt, but you shall utterly condemn it.
It is a prohibition not to rebuild the condemned city that has played
the harlot against God, exalted be He, and has worshipped foreign gods.
And the poet says that one should not allow any one “who calls or re-
sponds” (Mal. 2:12) to survive there, but he should condemn it with all
its men, women, and children. And the prohibition about this is (Deut.
13:17) “It shall be a heap forever; it shall never be built again.”
85. What is condemned from the empty people you shall not at-
tach to your land;
131 Whether this prohibition is meant by the Torah to apply only to the seven nations or is meant for
all gentiles is debated in the Talmud. Maimonides [in his Prohibition No. 52] says that all gentiles
are included in the prohibition.
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territory, as He swore to your fathers, etc. . . . then you shall add three
more cities” would be fulfilled by the promise to inherit (the lands of)
the Kenite, Kenizzite, and Kadmonite. That is why it is written in that
same parshah (ibid.) “And He will give you all the land which He promised
to give your fathers.” If so, it is not a commandment for all generations,
since it depends on time [i.e., the ownership changes eventually], as is
made known in the Principles (No. 3).
But [the above difficulty with considering “Do not oppress Moab,”
etc. as part of the 613 commandments] is [only] according to the one
who thinks that the Kenite, Kenizzite, and Kadmonite are, in fact,
Seir, Ammon, and Moab, which is the opinion of Rabbi Judah. But
Rabbi Meir and Rabbi Shimon do not say that, [as stated] in Chapter
Chezkat Habatim (Bava Batra 56a). Also, in the Yerushalmi there is a
disagreement between tannaim about this in Chapter Ha’ishah Niknet
(Kiddushin 1, 8).
Still [granted that the above objections to Nachmanides could be
refuted], the matter has not been settled beyond doubt. For in the
Midrash (Yalkut Deut. 807), they interpreted “For I will not give you of
their land even a footstep” (Deut. 2:5) to mean “Until the time when the
foot will tread on the Mount of Olives.”132 So this [annexation of Edom]
would not be due to Sennacherib having obliterated the ethnic identity
of nations, [but it would be permissible by our verse in Deut. 2:5 which
is, in effect, saying that the prohibition itself is in force only until the
time of the Messiah].
And no momzer shall enter. This refers to one born from any forbid-
den union punishable by “cutting off,” except that with a menstrually
unclean woman.
In the company (b’sod) is synonymous with bik’hal (as in Gen. 49:6),
“Let my person not enter in their council (b’sodam).” Now, these three—
the male Ammonite, the male Moabite, and the male momzer—are for-
bidden to be with an Israelite woman [either in marriage or as unmarried
lovers]. However, they differ in that female Ammonites and Moabites
are permitted [to Israelite men], while a female momzeret is forbidden.
132 In this interpretation, “ad” would not mean “even,” but “until,” and “midrach regel” would not
mean “the space of a footstep,” but “ths stepping of the foot” in the times of the Messiah, which,
according to Zech. 14:4 would take place on the Mount of Olives.
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be killed,” and then they diverted their eyes, and then found him in his
death throes, and the sword is dripping blood; then one might think that
he is subject [to the death penalty]. But the Torah states [that this is not
so, due to the verse], “You shall not kill the innocent and righteous.” The
Mechilta states further that if one witness reported that a person was
doing idolatrous service to the sun, and another saw him serving the
moon, one might think that they might join [to comprise the required
pair of witnesses for a crime to be punished]. But [this is also considered
as not punishable, because of] the Torah verse “You shall not kill the
innocent and righteous.”
Now, Maimonides counted these things as a single commandment
[even though two things are mentioned, i.e., “innocent” and “righ-
teous”]. But Nachmanides counted them as two separate things, similar
[to other such inclusive prohibitions, lav shebichlalut] as [not eating the
paschal lamb] lightly roasted or boiled, [or not bringing as a sacrifice]
the gift for a harlot or the price of a dog, [or prohibiting a Jewess to
marry] an Amorite or a Moabite. For they [innocent and righteous] are
two separate cases (according to Sanhedrin 33b) with different charac-
teristics. The first [“innocent”] is about one who came out of his trial
acquitted, and someone said, “I have [new] condemning evidence,” he is
not tried again. [The other law, attached to the word righteous,] is about
one who came out [from trial as] guilty, and someone said, “I have [new]
evidence for acquittal,” then he is tried again. For thus, [this verse] was
interpreted in the Gemara (Sanhedrin 33b).
And do not abandon the Levites is an enumerated commandment
(Sefer Hamitzvot, Prohibition 229). They have indeed stated in the Sifre
(Re’eh 36, 19) that “be heedful” (Deut. 12:19) is a prohibition; “lest you
forsake the Levite (ibid.) is a prohibition.” [Both the words be heedful
and lest are recognized by the rabbis as indicating prohibitions, even
though the word not (lo) is not used.]
And they should not inherit cities is a prohibition that no one of
the tribe of Levi should take a parcel of land, as it is said (Deut. 18:1)
“The priests the Levites even all the tribe of Levi shall have no portion
nor inheritance.” Now, Maimonides divided this prohibition into two
prohibitions. The one is not to take a portion of the land, and the other
is not to take a portion of spoils [of war]. For in the Sifre, they explain
“portion” as referring to spoils and “inheritance” as referring to the
land. [This division into two] is in spite of their coming as a single prohi-
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89. You shall not inquire from the dead, with whom there is no
truth;
And cut off the sorcerer, who is extremely devious.
The Torah said (Deut. 18:10–11) “There shall not be found among
you . . . nor a necromancer.” It is explained in Gemara Sanhedrin (65b)
that this refers to one who starves himself and goes to spend the night
in cemetaries so that an impure spirit [of witchcraft] should dwell in
him. Since this action is just one of imagination, the poet says that it
has no actuality at all.
And cut off the sorcerer; this [execution of] a sorcerer is [expressed
by] a prohibition, which is in addition to the [general] positive command-
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— 337 —
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133 “Rava” in the printed edition is wrong, and the correct reading “Rav” is in the MS.
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134 This source is identified by Ziv Hazohar as Yevamot 84b, but I do not find the desired statement
made there.
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135 Maimonides holds that if one prohibitive clause contains two separate items, they are generally
counted as a single prohibition, while Nachmanides holds that if the two items are different, they
are counted as two prohibitions.
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93. [A widow] who had intercourse with the dead brother may
not marry a stranger;
And a stranger (muzar) shall not eat holy sacrifices (which
are) muzarim.
And a stranger (muzar) shall not eat. Muzar has the same mean-
ing as zar [the more usual word for a non-kohen]. Muzar is pronounced
“weakly” (i.e., without a dagesh in the zayin, as befits this form derived
from the root zur), as in (Ps. 69:9) “I have become a stranger (muzar) to
my brothers.”
Holy sacrifices (which are) muzarim. [Muzarim, the plural of
Muzar] means “crowned,” as in (Exod. 29:6) “the holy crown (nezer).”
Therefore, this is pronounced “strongly,” [that is, there is a dagesh in
the zayin, as befits such a verb form, where the root has an initial nun,
which drops out in certain forms of the verb to be replaced by a dagesh].
Therefore, there is a play of words, muzar and muzarim [having similar
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96. You shall not rule with fury over your Hebres slave,
And you shall not appoint a foreigner as king, but rather a
free citizen.
It is a prohibition not to rule over a Hebrew slave with fury and venge-
fully, by employing him for unnecessary things, just in order to weary
him, or in order that he should never have respite for his soul. This is the
(Lev. 25:46) “You shall not rule over another ruthlessly.”136 They state in
the Sifra (Behar 86, 2) “That you shall not tell him to heat up this cup
when he doesn’t need it (thus far is the quotation),” which applies even
more so to work harder than this. And if someone [Jewish] sold himself
to a gentile and we have jurisdiction over hime [the gentile], we must
forbid him from such actions, as it is said (ibid., v. 53) “He shall not
rule over him with cruelty in your sight.” And it says in the Sifra (Behar
101, 8) that you are not commanded [to intervene] for him unless [the
cruelty is] in your sight [i.e., you do not have to go inside the house to
determine whether he is being abused]. This is a separate prohibition,
besides the first one [dealing with cruel behavior toward a Hebrew slave
owned by a fellow Jew].
And you shall not appoint a foreigner as king. This is a prohibi-
tion against appointing a king over us one who is not of Israelite de-
scent, even if he is a convert or [a gentile who] was freed [from slavery,
who became Jewish], as it is said (Deut. 17:15) “You may not set over
yourself a foreigner.” And it is stated in the Sifre (Shofetim 31), “This is
a prohibition.” And David was privileged to have the royal crown.137
136 The Ziv Hazohar discusses why this verse is quoted rather than v. 43.
137 The word chorim is found several times in the Bible and is translated either as freemen or nobles.
The expression ben chorim is found once (Eccl. 10:17). In postbiblical Hebrew, the common term
for a freeman is ben chorin.
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98. That his heart should not turn aside because of the horses of
his chariot,
His silver and his gold and precious treasures.
The Torah gave the reason (Deut. 17:17) “That his heart should not
turn aside” only with regard to having many wives. But the poet was not
accurate about this, and he applied this reason [also] to having silver
and gold, which is the third prohibition for the king, i.e., he should not
have more silver and gold and precious treasures than what he needs to
give to his horsemen and his soldiers. The reason for this commandm-
nent is that his heart should not be exalted and he should not become
proud. And if the king is warned against pride, so much more the rest of
the nation. Thus from here is a hint regarding the prohibition of pride.
99. You shall not sell a Hebrew slave as one sells a gentile;
And do not despise a gentile when he comes to [your] dwell-
ings.
It is a prohibition that one should not sell a Hebrew slave in an
embarrassing way, as it is said (Lev. 25:42) “They should not be sold as
bondsmen.” They state in the Sifre that [this means that] one should
138 The king can thus have many concubines in addition to the eighteen wives. Whether this statement
is true or not has been the subject of controversy, as noted in the comment of Ziv Hazohar, No. 312.
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not set up a stand and put them [the slaves] upon the purchase stone.
Included in this [commandment] is a prohibition concerning one who
kidnaps an Israelite, and is subject to execution, if he sold him. I am
surprised that this prohibition was not divided into two [distinct] com-
mandments [one regarding a regular Hebrew slave, and the other a kid-
napped Hebrew slave], since there is a difference for the perpetrators,
one being punished as a [usual] prohibition [i.e., with whipping] and
the other with strangulation. This is like [the prohibition] “You shall not
curse judges (Exod. 22:27).”*
Do not despise an Egyptian. When an Egyptian becomes convert-
ed to Judaism, we are forbidden to to despise him and deny him from
*This latter case, which
marrying an Israelite after three generations
is also interpreted by [i.e., the grandchildren of Egyptian converts are
the rabbis as including eligible for marriage to Israelites], as it is said
the cursing of the Divine
Name, is treated in (Deut. 23:8) “You shall not despise an Egyptian.”
Stanza 15. The idea is The expression “to [your] dwellings (lam’gurim)”
that there also we have
a single prohibitive
suggests conversion, i.e., [the meaning is] “when
statement covering two he becomes converted.”139
cases which differ in
punishment. This causes
100. Do not despise an Edomite when he
them to be decoupled into
two separately counted comes to my footstool,
prohibitions, i.e., No. 25
And there shall not come among My people
concerning cursing judges,
and No. 26 concerning those who are wounded or broken.
cursing the Divine Name. There is a separate prohibition against despis-
ing the descendants of Esau, as it is said (Deut.
23:8) “You shall not despise an Edomite,” but we should allow them to
come into marriage after three generations.
The meaning of “when he comes to my footstool” is to say “when
he comes under the feet of the Divine Presence,” similar to (Isa. 66:1)
“and the earth is my footstool.” I previously mentioned (Stanza 86) that
Nachmanides adds on a separate prohibition here, which is (Deut. 3:4)
“You shall not instigate war against them.”
And there shall not come among them. This is a prohibition that
a person whose penis or testes are damaged may not marry a Jewish
woman, as it is said (Deut. 23:2) “No one whose testes is crushed or
139 Rabbi Perlow cogently notes that ibn Gabirol’s actual meaning is not about marriage, but about
not expelling an Egyptian who settles in the Holy Land.
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whose member is cut off shall be admitted.” All this constitutes a single
prohibition, as I wrote in the Principles (No. 9).
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[of tooth and eye] should be applied to her [the Hebrew bondwoman]
by deduction from the gentile slave, Nachmanides disagrees. For set-
ting free the gentile slave is considered a fine, and such derivations are
not applicable to fines. This is in accord with their statement (Ketubot
40b) that monetary laws are not derivable from fines, and they stated
(Makkot 4b) concerning a fine that it is a singular case specified by
the Torah. Also, they said that the law of one who defames [his newly
married wife, see Deut. 22:13–19)] is a fine [and therefore, one can not
deduce from here to other cases]. Nachmanides wrote that this is the
reason why the Halachot Gedolot counts this as a prohibition. And he
explained that its meaning is that, if the master would want to get her
out of his household when he knocked out her teeth, he transgresses
the prohibition, but she should stay with him, since the compensation
required for the tooth might exceed her redemption value, or since it is
possible that he may marry her, or his son may. It is also possible that
this prohibition is addressed to her father, that it is forbidden to take
her away from the house of the master because of the [destroyed] pro-
jecting limb, but she should remain with him, and he must compensate
her for her tooth.
But Nachmanides has doubts about whether this is just a negative
statement and whether this negation is needed by Scripture. [This
need] is for another reason, not the reason given by Maimonides
[which Nachmanides has discredited]. He says that if the section con-
cerning protruding limbs would, in its simple sense, include all types
of slaves, whether Hebrew or gentile, Scripture would certainly need
this negative statement [to say that it applies only to gentile slaves],
and it [“She shall not go free, etc.”] would not be enumerated. But if
Scripture does not in that section include Hebrew slaves, we would not
need this negative statement, and of necessity this prohibition of “She
shall not go free as manservants do” would be among the enumerated
prohibitions. And it seemed to Nachmanides that there is a difference
of opinion [among the Tannaim] whether the word slaves (avadim)
written in the Torah by itself [without adjective] includes the Hebrew
slave or not. So it seems in the Mechilta (Mishpatim 9, 93) concerning
the verse (Exod. 21:26) “When a man strikes the eye of his slave,” and
(in Mishpatim 7, 79) concerning the verse (Exod. 21:20) “When a man
strikes his manservant or maidservant with a rod.” But Nachmanides
said that this matter requires much more inquiry and careful study, and
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102. And her master shall not betray her, but he shall let her be
redeemed at her value;
He shall not have power to sell her, as in other sales.
What the poet mentions “And her master shall not betray her”
[based on the conclusion of Exod. 21:8) is not a prohibition regarding
the Hebrew bondmaiden which is being discussed [since the words are
merely attached to the earlier expression in the verse that he shall not
forcibly sell her].
The content of “He shall let her be redeemed” (ibid.) belongs to the
positive commandments (Stanza 59). The commentator on the Azharot
inserted here two prohibitions regarding the attractive female captive.
One is (Deut. 21:14) “You shall not sell her for money,” and the other is
(ibid.) “You must not enslave her.” Indeed, these are two separate pro-
hibitions in the enumeration, the one being not to sell her after he had
relations with her, and the other is that he may not make her a servant.
But “He shall not have power to sell her” (Exod. 21:8) is a prohibition
that the master should not sell a Hebrew bondwoman to anyone else, as
is mentioned in the first chapter of Kiddushin.140
104. There are four women who are forbidden to the kohen;
And one of these is permitted to others.
An ordinary kohen is forbidden to marry three kinds of woman,
namely, a prostitute, a chalalah [a woman of profaned priestly descent],
and a divorcee. Thus, it is written (Lev. 21:7), “They shall not take a
woman that is a harlot, or profaned; nor shall they take a woman di-
140 This citation is incorrect. Further details are found in the note of Ziv Hazohar.
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105. And he may not let his hair be disheveled, nor tear his
clothes;
And he shall not profane his seed, nor [profane] the fortified
sanctuary.
141 This statement appears in disagreement with Maimonides, who claims that for the divorced
woman, the chalalah, and the harlot, whipping is not incurred unless the kiddushin is also followed
by intercourse. There are diverse opinions about the punishment by whipping, and the reasoning
is intricate.
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the [law of the kohen] who lacks his required vestments. Therefore,
Nachmanides (on Prohibition 164) exchanges the law about torn vest-
ments in favor of that concerning missing vestments, as I shall explain
below (Stanza 154). And thus do they say in the Sifra (Shemini 29),
explaining [the meaning of “disheveling”] as not growing [hair] into a
disheveled condition, i.e., they should not grow their hair [excessively],
as Onkelos translated (Lev. 10:30) “They shall not grow disheveled.”
Likewise, they said in the Sifra (Lev. Shemini 30) that “you shall not
dishevel your head” (Lev. 10:6) means that you shall not grow [hair ex-
cessively].
And he shall not profane his seed means that he [the High Priest]
should not have intercourse with a widow, even if he did not marry her,
as I explained previously in the preceding stanza.
Nor [profane] the fortified sanctuary. This is a separate prohibi-
tion counted by the Halachot Gedolot, i.e. (Lev. 21:12), “And he shall
not leave the sanctuary, and not profane, etc.” But Maimonides did not
enumerate it (see Principle No. 5) since he considers it [not profaning]
as the reason why he should not leave, since he would thereby profane
[the sanctuary]. However, Nachmanides mentions that he supports the
Halachot Gedolot that it would be plausible to count it separately, so
that if he went out and left his service undone, he transgresses two pro-
hibitions, “He shall not leave” and “He shall not profane.” This is similar
to what they said about a High Priest with a widow, that if he married
her and had intercourse, he is whipped twice, on account of “He shall
not take” (Lev. 21:14) and on account of “He shall not profane” (ibid., v.
15). The poet wrote below [about not leaving the sanctuary], “And with
the matter of ‘he shall not leave, etc.,’” and there I will explain further
with God’s help.
106. And he shall not make himself impure for his father or
mother;
But [he may] for a corpse of his people, who has no one to
bury him.
The High Priest is forbidden to defile himself [to mourn] close rela-
tives, and the ordinary kohen is forbidden to defile himself [to mourn]
distant relatives (Lev. 21:1–12), and these are two [distinct] prohibitions.
But for an obligatory corpse [abandoned with none to attend to him],
even the High Priest should defile himself [by doing the burial], provided
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the corpse is Jewish. This is the meaning of “a corpse of his people who
has no one to bury him.” There is another prohibition, which he men-
tions later (Stanza 110), i.e., that he may not enter the tent of a corpse.
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not go forth into the army” means just that he should not go into the
army [as a soldier], but he might prepare weapons and supply water and
food. Therefore, Scripture says (ibid.) “He shall not be charged with any
thing.” One might think that in other cases where one is exempt from
military service, i.e., after building a new house or planting a new vine-
yard [see Deut. 20:5–6], he is also exempt from auxiliary functions. But
Scripture emphasizes that it is [only] he [the bridegroom] who is not to
be charged with anything, but others can be charged. [Thereupon the
Gemara raises the question that] if the clause “He shall not be charged
with anything” covers it [actual military service], what need is there for
the clause “He shall not go forth in the army”? [The Gemara replies that
it means that if a commander wrongfully impressed the bridegroom
into army service], he has transgressed two prohibitions.
Now, it is known from the Principles (No. 9) that [such repetitious
prohibitions] are enumerated as just a single commandment. Thus did
Maimonides write [in Prohibition 311, that it is counted singly]. But the
Halachot Gedolot counted them as two prohibitions, and Nachmanides
supported him (in his critique of Prohibition 311 of Maimonides). He
wrote that if the bridegroom is taken for auxiliary tasks, [the perpe-
trator] transgresses a prohibition, and if he is taken for battle, [the
perpetrator] transgresses another prohibition in addition to the first
one. Now, such cases are counted as two [enumerated prohibitions]. But
here, he [Maimonides] thought that these two prohibitions are a single
matter, and that in any case he transgresses two prohibitions. But he
[Nachmanides] criticized him [Maimonides], and said that it is not so,
since in the case of supplying weapons and food, he does not transgress
“He shall not go forth,” since this applies only to soldiers, and such a
one [who only supplies] is not one of them. But the one who goes into
battle involves two prohibitions, the second one being in addition to the
first. Therefore, it is proper to count them separately. This is what he
[Nachmanides] wrote here, but I did not see that [Nachmanides in his
own enumeration] added on to that of Maimonides.
108. Regarding “It shall not be put out,” his greatness will be
increased;
And his lamp will not be put out, but will shine like the lumi-
naries.
Scripture stated (Lev. 6:6) “An everlasting fire should be burning on
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the altar; it should not be put out.” They explain in Zevachim (91b) that
if one had put out even one coal on the array, he transgresses this prohi-
bition and is punished by whipping. In a lyrical way, the poet says that if
one kept this prohibition, his honor will grow, “and his lamp will not be
put out,” as is the lamp of the wicked, but it will shine like the sun and
the moon.
109. She shall not eat his bread, when a non-kohen marries his
daughter;
But she may eat of it, if she returns to be as in her youth.
The content of this prohibition embraces two subjects. The one is a
prohibition against a chalalah [a degraded daughter of a kohen] eating
[priestly portions of] holy food. As they explained (Yevamot 68a), the
verse (Lev. 22:12) “If a priest’s daughter is married to a commoner, she
shall not eat that which is set apart from the holy things” means that
when she cohabits with one who is not valid for her, this makes her
invalid, and consequently, “She shall not eat from that which is set apart
from holy things.” They explain (ibid., 68b) that this refers to the breast
and thigh [of peace offerings, which are reserved for the kohen]. This
aspect of the prohibition is based on the rabbinic interpretation of “a
commoner” (zar) as a man who is forbidden to her, rather than just a
non-kohen.
But also included in this [prohibition] is that if she marries a non-
kohen, she may not eat terumah (heave offering). As they said (ibid.),
that Scripture could have said, “She shall not eat holy things”; however,
the expression “That which is set apart (terumat) from the holy things”
implies both cases.
Now, if she is widowed or divorced, and she has no children from
the Israelite [former husband], then she may revert to [eligibility for]
terumah, but she does not revert regarding the breast and thigh. This
is the law about this matter, but the poet has omitted in his poem the
breast and the thigh, only mentioning the terumah, which is “his bread.”
110. And also there shall not eat of it his hired man or his tenant;
And he shall not enter where there is a corpse, in tents
shrouded in bitterness.
When he says, “And also there shall not eat of it (bo),” this refers to
the antecedent “bread” [in the previous stanza]. But this is [grammati-
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cally] wrong, since “bread” (pat) is a feminine noun [while “of it” bo is a
masculine form]. [Examples of correct feminine usage of pat in Scripture
are:] “Your bread that you ate, you will vomit it” (Prov. 23:8); “Nor have
I eaten bread by myself, without an orphan eating of it” (Job 31:17);
and “Better is dry bread with quietness than a house full of feasting
with strife (Prov. 17:1).” But he [the poet] is seizing the expression in
Scripture, “The tenant of a kohen or his hired man shall not eat of it (bo)”
(Lev. 22:10), which refers to the bread (lechem, which is masculine).142
This is a prohibition that even the kohen’s tenant [according to tradi-
tion this refers to the long-term Hebrew slave] and hired man are not
allowed to eat of the terumah. For other non-kohanim, there is a separate
prohibition, which the poet recorded above (Stanza 55), “And those who
are impure, as well as strangers, may not eat terumah.”
And he shall not enter where there is a corpse.* This is a prohibi-
*Note that from Stanza 104
tion not to enter the tent of a corpse. Now,
there is an intermingling of there are two prohibitions, one being not to
prohibitions concerning all be defiled by [entering] a tent, and the other
kohanim and those concerning
the High Priest. Stanza 106 not to be defiled by touching or carrying [the
is about the law of a kohen corpse]. These are counted separately as two
being forbidden to defile
himself with a corpse. The
commandments, i.e., “He shall not become
stanza seems to address the defiled for his mother or father” (Lev. 21:11),
High Priest particularly, but and “He shall not go in to any dead body
two prohibitions are recorded
there, one for the ordinary (ibid.).” The Sifra states (Emor 28, 4) that one
kohen [No. 267] and one for is guilty [separately] for “He shall not be de-
the High Priest [No. 266]. They
are separately counted because
filed” and for “He shall not enter.” Regarding
the High Priest is forbidden an ordinary kohen, there is mentioned only one
even regarding corpses of prohibition, which is (Lev. 21:1) “He shall not
near relatives, whereas the
ordinary kohen is not. The be defiled for a corpse among his people.” But
additional prohibition, not they derived (Sifra on that verse) by a gezerah
to enter the tent [which is
separately punishable], applies
shavah from the High Priest that he also [the
only to the High Priest. This ordinary kohen] is guilty both for “He shall not
prohibition appears here in be defiled” and for “He shall not enter.” But
Stanza 110, even though the
earlier part of the stanza Maimonides decided to count the law of the
applies to ordinary kohanim ordinary kohen singly [i.e., the law of entering
as well.
is only derived by rabbinic interpretation, and
142 This quotation of Lev. 22:10 is incorrect, as noted by Perlow and Ziv Hazohar. Perhaps the
intention of the poet was to call attention to the use of bo and “his bread” in the related v. 11.
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Maimonides only counts laws explicit in the Torah], and I have not seen
any authority who disputes this.
111. And he shall not eat the inner offering, with malice and
with deceit;
And he shall not entirely sever the pigeons with torn wings.
It is forbidden to eat an inside sin offering [i.e., one whose blood
must be sprinkled inside the Sanctuary], as it is said (Lev. 6:23), “Any
sin offering whose blood is brought into the tent of meeting to make
atonement in the holy place, may not be eaten; it shall be burnt with
fire.” And the Sifra (Tzav 77, 8) says that [this verse means additionally]
that anything that is required to be burnt is forbidden to eat. What he
says with malice and with deceit is a poetic expression, that he should
not eat it with malice, deceit, and trickery.143
And he shall not entirely sever. If the kohen severed the head of
a bird sin offering while doing melikah [slaughtering not with a knife
but by pressing his sharpened thumbnail from the back of the neck],
he is punished with whipping, as it is said (Lev. 5:8) “He shall perform
melikah on the back of its neck, but he shall not sever it,” and so did they
explain it in Zevachim (65). When he says “entirely” (l’hatzmit), it means
that he is not punished by whipping unless the separation is total.
The pigeons with torn wings. This alludes to the expression (Lev.
1:17) “And he shall tear its wings, but not sever them.” However, the
“but not sever” in that verse should not be enumerated, but Scripture is
saying concerning the bird burnt offering that he must tear its wings, and
he does not need to sever them.144 One learns this from what they said
(Zevachim 64) that in the case of the bird sin offering, if he severed it,
he invalidates [the offering], while in the case of the bird burnt offering,
if he severed, he has not invalidated it; and thus did Maimonides explain
it.
112. And his totally burnt meal offering may not be eaten, lest
he be dismayed;
143 The significance of this last remark is not clear. See Ziv Hazohar, note 437.
144 According to Zohar Harakia, the poet erred in counting not to sever the wings of the burnt
offering, and not counting not to sever the neck of the sin offering. This is, however, the opinion of
Halachot Gedolot, which was ibn Gabirol’s basis. Zohar Harakia, however, follows Maimpnides’s
opinion, which is just the opposite.
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And let him not offer a defective sacrifice among the rams
and sheep.
This is the prohibition that the kohen’s meal offering may not be
eaten, as it is said (Lev. 6:16) “Every meal offering of the kohen shall be
a whole offering; it shall not be eaten.” The Sifra states (96, 54) that any
[offering] that is termed a whole offering (kalil) is subject to a prohibi-
tion against eating it, and so it says in Gemara Makkot (18b). The poet
warns [not to eat the offering] lest one would be punished, dismayed,
and crushed.
Mashchat (defective) is one with a blemish, from the expression
in Scripture (Lev. 22:25) “Because their corruption (mashchatam) is
with them, there is a blemish in them.” So this is about slaughtering a
blemished sacrifice on the altar. But I have already explained this above
(Stanza 39) regarding “And you shall not give a fire offering of the blind
and broken.”
113. And a layman shall not break forth to see the sanctuary
when it is disassembled,
And one who is unclean [shall not enter], lest he be swal-
lowed amidst noise and calamity.
The poet follows the Halachot Gedolot in counting (Num. 4:20) “And
they shall not come in to see when the holy things are being covered”
among the enumerated prohibitions. But Maimonides differed with
the Gaon [Halachot Gedolot], saying that this commandment does not
apply throughout the generations, and therefore, it is not part of the
enumeration. And he brought proof from the words of the rabbis, who
said in Sanhedrin (81b) that the crime of a person who stole a holy ves-
sel is hinted in the verse “And they shall not come in to see when the
holy things are being covered [with “covered” interpreted as stolen].”
Since they used the term hinted, it is evident that this is not the simple
meaning of Scripture, but the verse is speaking about [the behavior of]
the Levites in the wilderness. Also, Maimonides insisted on this, for if it
[the case of stealing holy vessels] were a Torah law, it would have been
listed among [the sins] punishable by death by divine decree.
But Nachmanides upheld the words of the Gaon, for even if the
Talmud says “where is it hinted,” this does not prove that this is an as-
machta [rather than the actual meaning]. Indeed, we do find cases of
Torah laws, where the expression “hint” is used. They said (ibid., 83b),
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“Where is it hinted that a tevul yom [who has immersed himself, but does
not become ritually clean until the end of the day] who performed sacri-
ficial service [during that day] has profaned it?” And he, Nachmanides,
proved that this is a Torah law, since it is punishable by death. Again,
they said (Makkot 2b), “Where is it hinted that perjured witnesses are
to be whipped by Torah law?” Also, they said in Gemara Avodah Zarah
(36b) that an Israelite woman [is forbidden] to be privately [with a man
other than her husband], and they further said, “Where is it hinted that
this privacy is indicated in the Torah?” The above cases were mentioned
by Nachmanides.
Now, I have also found [such instances, such as] “Where is there a
hint that burial is a Torah law?” (Sanhedrin 46b). Yet it is an enumerated
positive commandment (above, Positive Commandment No. 25). I also
found the words “Where is it hinted?” in the first chapter of Megillah
(2a), regarding the Megillah being read on the eleventh, twelfth [etc. of
Adar]. According to what is said there, this is fundamentally a rabbinic
enactment, and is not due to the [suggestive reading as an] asmachta in
those verses, even though the day of assembling* is based on the asmach-
ta. So the enactment about Monday and Thursday
*I.e., Monday or Thursday,
was made by Ezra, who came after Mordechai and when the peasants would
Esther, and the editor of the Mishnah used the bring wares to the city
market; the public Torah
Scriptural verses as an asmachta, as mentioned in reading was enacted
the Yerushalmi (Megillah 4, 1). But the fact that on these days, and the
normal times of reading
several times [would be eligible for the Megillah]
of the Megillah were
was enacted by the sages in the original enact- alterable to coincide with
ment. Thus, when the sages say, “Where is it these days.
145 I have considerable doubt as to the accuracy of my translation here, and as to the cogency and
utility of this section on the Megillah. Also, I don’t see that the above citation from the Yerushalmi
is useful. It seems that the general idea here is that the use of the expression “hint” does not
mean that the law hinted at is not essentially a Torah law, nor that it is not essentially a rabbinic
enactment.
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146 As to why “and they shall keep” is considered positive, while “you shall keep” is negative, see Yad
Halevi, Prohibition No. 67, Note 1, and Pos. Comm. No. 22, note 2.
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———————————————— The Negative Commandments ————————————————
prohibits [entering] the entire Temple147, i.e., not during service time
[this last phrase is Zohar Harakia’s clarification]; one might think that
the death punishment applies to the whole Temple, so Scripture says
“before the ark cover which is on the ark.” How is this understood? The
phrase “before the ark cover” [refers to the place where one is punish-
able] by death, and for the rest of the Temple, it is by a prohibition [i.e.,
whipping; up to here is the Sifra]. Likewise, in the Gemara Menachot
(27b), they stated clearly that for the [rest of the] Temple one incurs
forty [lashes]. There is also a question here why they should not be two
separately counted [prohibitions], since, [although they are both in-
cluded in the same clause], they are differently punished, one by death,
and the other by prohibition [whipping].
And one who is unclean [shall not enter], lest he be swallowed amidst
noise and calamity. It is a prohibition that an unclean kohen must not
perform service. And in Sanhedrin (83b), they said, “Whence is it that
an unclean kohen who performs service [is punishable] by death? It is
said (Lev. 22:2) ‘Speak to Aaron and his sons that they should separate
themselves from the holy things of the children of Israel, that they do
not profane, etc.’ And it is said elsewhere (ibid., v. 9) and they shall die
for it, since they profane it [this is for a kohen who is unclean and eats
terumah]. Just as the latter profanation is punishable by death, so is the
profanation here [an unclean kohen performing service] punishable by
death.” [The actual language in the Gemara is somewhat different.] That
is why he says “Lest he be swallowed amidst noise and calamity,” i.e.,
God would swallow him amidst noise and calamity.
114. And one should not entangle his path and become burden-
some;
So he should not be like Korah and his rebellious comrades.
The Gaon [Halachot Gedolot] counts the prohibition of (Num. 17:5)
“He shall not be like Korah and his congregation.” But Maimonides dif-
fers with him about this, and said that it should not be counted. For the
sages interpreted that this is a negative statement [rather than com-
mandment], which is saying that one who challenges the priesthood [of
the descendants of Aaron] will not be punished by being swallowed by
the earth] or burnt like Korah and his congregation; but his punishment
147 The logic of this exegesis is explained in Chavell’s The Commandments, Vol. 2, p. 67, Note 3.
— 363 —
———————————————— The Negative Commandments ————————————————
will be leprosy, similar to the hand of Moses (Exod. 4:6). And this is the
meaning of (Num. 17:5) “As the Lord spoke by the hand of Moses to
him.” And Maimonides said that the rabbinic interpretation (Sanhedrin
110a) that one who persists in an argument transgresses a prohibition,
as it is said, “And he will not be like Korah and his congregation,” [and
this verse] is only said as an asmachta [and it is not the actual scriptural
meaning].
Now, Nachmanides upheld the words of the Gaon, and he said that
the way they interpreted this in the Yelamdenu (= Tanchuma) as a nega-
tive statement [rather than as a prohibition] is an asmachta, and not
the fundamental meaning of the verse. It is also true, as Maimonides
said, that the fundamental meaning of the verse is not a prohibition
against contentiousness [generally], for there is elsewhere a prohibition
about this. But the fundamental meaning of the verse is to warn against
challenging the [established] priesthood, as Korah and his followers did.
And this is why the Exalted One commanded that the “beaten plates as
a covering for the altar” (Num. 17:3) should be “as a memorial unto the
children of Israel” (ibid., v. 5). It is on two accounts, [as stated in v. 5, one
being] that no layman may approach to burn and offer a sacrifice, and
also [a second one] that no one should dispute the priesthood of Aaron.
Now, these two prohibitions are stated with the expression “memorial”
[rather than a “you shall not,” yet they] are truly prohibitions. It is in
the style of (Gen. 32:33) “Therefore, the children of Israel do not eat
the sinew of the thigh vein,” and in the style of (Deut. 21:4) “which may
be neither plowed nor sown” [which are also not phrased as “You shall
not”].
One should not count [separately] “That no layman may approach”
(Num. 17:5), since there is already another explicit prohibition for this,
as it is said (Num. 18:4) “No layman shall come near to you.” But one
should count “There shall be no one like Korah and his congregation”
(Num. 17:5), and they attached to it [as an asmachta] any one who is
insistently contentious. As to what Nachmanides wrote that not being
insistently contentious belongs to another prohibition, I do not know it,
unless we attach this to (Exod. 23:2) “One should follow the majority”
[the rabbinic rendering of “acharei rabbim l’hatot”]. For when one fol-
lows the majority, dissension is dispelled from Israel, as they mention in
Sanhedrin (82b), and they attach this to (Deut. 14:1) “lo titgodedu,” liter-
ally, “You shall not cut yourselves,” but the rabbis relate titgodedu (cut)
— 364 —
———————————————— The Negative Commandments ————————————————
to the word agudah (group), [and they translated it] “You shall not make
yourselves into various groups.” Or perhaps Nachmanides had in mind
the prohibition (Deut. 17:11) “You shall not turn aside,” the purpose
of which is that there should not be many arguments in Israel. And in
the She’iltot, in the parsha of Korah, it attaches it [the idea of not being
argumentative] to “You shall not hate” (Lev. 19: 17).
The meaning of “One should not entangle his path” is that one should
not make his path crooked, similar to (Joel 2, 7) “they do not entangle
(y’abtun) their paths,” i.e., one should not challenge the priesthood, for
if he does so, it will become a trouble and burden.
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———————————————— The Negative Commandments ————————————————
the priests and for the Levites, Uriel, Asaiah, and Joel, etc. . . . and he
said to them, ‘You are the heads of the fathers’ houses of the Levites;
sanctify yourselves, you and your brothers, that you may bring up the
ark of the Lord” Also, it is written there (ibid., v. 14) “And the priests
and the Levites sanctified themselves to bring up the ark of the Lord,
God of Israel.” Likewise, it is written in the Book of Joshua (3:3), “And
they commanded the people saying, ‘When you see the ark of the cov-
enant of the Lord your God, and the priests the Levites bearing it, etc.’”
Also, they said in Gemara Sotah (33b), “There are three places where
the kohanim carried the ark: when they crossed the Jordan, when they
marched around Jericho, and when they brought it back to its place.” It
would seem from this that in other places the Levites carried it. When
they returned it to its place, the reason is that the Levites never enter
the Holy of Holies. For even in the wilderness, they would not come in
there until the curtain was brought down [over the ark, see Num. 4:5]
by the kohanim, as it is said (Num. 4:18) “Do not cut off the tribe of the
families of Kehat, etc.” [For they might die, if they entered the Holy of
Holies while the ark is uncovered].
But even if [the duty of carrying on the shoulders] was transferred
from the Levites to the kohanim [as Maimonides claimed], the prohi-
bition [about the retirement age of fifty] would not be excluded from
enumeration. For anyone who may carry the ark, be he a Levite or kohen,
is forbidden to carry it after his fiftieth year. As to what they stated
(Chullin 24a) that age does not disqualify a kohen, this refers to priestly
duties; but with respect to levitical duty, they would be disqualified by
age [i.e., over fifty], just like the Levites. Now, even though we [no lon-
ger] have carrying on the shoulder, this prohibition is not excluded from
the enumeration, since it applies throughout the generations at any
time that there would be carrying on the shoulders. Thus, its suspension
is not because it does not apply now, but because it is not needed for us
now. Therefore, he [Maimonides] counts [by the same token] destroying
the descendents of Amalek and the seven [Canaanite] nations among
the commandments. And he gave the reasoning that a commandment
is said to be applicable throughout the generation as long as it does not
become terminated at a specific time or place, and even in the absence
of that thing in those [later] generations [in this case, in the absence of
any more Amalekites and Canaanites] which is the subject of the com-
mandment. This is also like Maimonides’s including in the enumerated
— 366 —
———————————————— The Negative Commandments ————————————————
prohibitions, that of (Exod. 25:15) “They [the rods] shall not be removed
from it [the ark],” for the rods serve only to carry the ark.
Also, Nachmanides said (Principle No. 3) that this commandment is
for [all] generations, since in the time of the messianic king, they will be
carrying the ark in the future wars, just as Phineas did in the war with
Midian. For it is said (Num. 31:6) “The holy vessels and the trumpets for
alarm were in his hand,” and the Sifre states (Pinchas 37, 6) that “the
holy vessels” refers to the ark. And it is just like what the sons of Eli did
(1 Sam. 4:4). Therefore, he [Nachmanides] decided to include this in the
enumeration of the prohibitions, according to the opinion of the Gaon,
and not according to the opinion of Maimonides.
And you shall not take the mother of the nest. This is an explicit
prohibition, which is that of sending away [the mother bird when tak-
ing] the nest (Deut. 22:27). In the face of the birds. Some versions say
[instead of “birds” (tzipporim) rocks (tzurim], based [on the phrase in the
First Book of Samuel (24:2)] “upon (al p’nei) the rocks.”
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———————————————— The Negative Commandments ————————————————
117. And you shall not move afar with the commandment of the
Sabbath limit;
And the law of the meal offering on a griddle, or baked in
ovens.
It is an old controversy among the early authorities as to whether the
Sabbath limit [beyond which one is not to venture on the Sabbath] is a
Torah law or a rabbinical law. Maimonides wrote in his Sefer Hamitzvot
(Prohibition 321) that the 2,000-cubit boundary is a Torah law. But
this is not evident at all, because this is the opinion of Rabbi Akiva,
but the law is not according to him. But in his large work (Mishneh
Torah, Hilchot Shabbat 27, 1) he wrote that the 2,000-cubit Sabbath
is rabbinic, while the three-parasang boundary [twelve times as long as
2,000 cubits, which was the dimension] of the encampment of Israel, is
a Torah law. He also wrote this in a responsum (No. 156), and it is also
the opinion of the great authorities. They bring proof from what they
state at the end of the first chapter of Eruvin (17a) that one is punished
by whipping for the prohibition of [exceeding] the Sabbath limit. Also,
in the Yerushalmi (Eruvin 3, 4) they said that the clearest opinion is
that the boundary is 12 mils, [the extent] of the encampment of Israel.
And in Gemara Shabbat, Chapter Rabbi Akiva (87b) it also appears so,
since Rava and Rav Acha bar Yaakov only disagree as to whether in the
commandment of the Sabbath as given at Marah [where, according to
tradition, a number of commandments were given before they were
given at Sinai] the statute of the Sabbath limit was given or not, but in
the Sabbath commandment as given at Sinai, it seems that all agreed
that they were commanded regarding the Sabbath limit.
But the later authorities, Maimonides among them, decided that it
comes out from the Talmudic discussions that there is no mention of
the Sabbath limit at all by Torah law. For they clearly stated in places in
the Talmud (Shabbat 69a and 70b) that there is a separate prohibition
regarding the Sabbath boundary limits only according to Rabbi Akiva, or
that there is a separate prohibition regarding kindling a fire according to
Rabbi Yose [i.e., these are the two possible cases where there might be
actions prohibited on the Sabbath by the Torah, yet are only punishable
by whipping, whereas the many actions which comprise the prohibition
of doing “work” are punishable by execution]. But according to the ma-
jority of rabbis, there is not a separate prohibition for the Sabbath limit.
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118. And your house will not be destroyed, [if you keep the
injunction] not to loosen;
And the commandments of not forgetting, two of them hav-
ing been stated.
The poet promises that if a person keeps the commandments of “It
shall not be loosened,” his house will not be destroyed like “the house of
the haughty” (Prov. 15:25), [where the verb yisach used in this stanza,
is there used to mean “cut off”]. This is the prohibition that the breast-
plate must not be separated from the ephod. And at the end of Makkot
(20a), they said, “But there is the case of one who loosens the breast-
plate, whose prohibition is from the verse (Exod. 28:28) ‘It shall not
be loosened.’” They spoke similarly about removing the rods of the ark
— 369 —
———————————————— The Negative Commandments ————————————————
(on the basis of Exod. 25:15), which he mentions below (Stanza 125).
And in the Gemara Yoma (72a) they state that these two prohibitions,
as well as the prohibition about tearing the opening of the robe [of the
ephod, on the basis of Exod. 28:32], are enumerated as commandments.
Nachmanides (Additional Prohibition No. 3) includes [among com-
mandments relating to proper sanctuary rituals] not to alter the order
of setting up the utensils from the verse (Exod. 12:13), “And you shall be
heedful in everything I have said to you.” For they said in the Mechilta
(Mishpatim 20, 220, v. 13): “Why is it said, ‘And you shall be heedful
in everything I have said to you?’ Since it says (Exod. 26:35), ‘And you
shall set the table, etc.,’ it is [further] said, ‘And you shall be heedful in
everything I have said to you’ [to tell us] that if one altered them, he has
transgressed a prohibition [the verb tishameru often having the force of
a prohibition].” This is the actual law.
The laws of “You shall not forget” were not enumerated by
Maimonides, although they were in the Halachot Gedolot. The first
[of the two] is that we should not forget our belief in God, which is
expressed in Deut. (6:12) “Be you heedful lest you forget the Lord who
brought you out of the land of Egypt, from the house of bondage.” And
I am puzzled by both of them [Halachot Gedolot and Maimonides].
For according to Maimonides, who counts [as the first of his positive
commandments] the statement (Exod. 20:2) “I am, etc.,” he should also
count this one [not to forget] among the negative commandments,
which corresponds to it. And according to the opinion of the Gaon [au-
thor of Halachot Gedolot], who does not count the statement “I am,
etc.,” he should likewise not have counted this one [not to forget]. But
Nachmanides decided to also include this statement (“I am, etc.”) in
his enumeration, and according to his decision it is also appropriate to
have this prohibition in his enumeration.
Now, the second one [commandment of not forgetting] is that we
should not forget having stood at Mt. Sinai. This is expressed (Deut.
4:9–10) as “But be heedful and watch yourselves scrupulously, so that
you do not forget the thing that you saw with your own eyes, and so
that they do not depart from your heart . . . the day when you stood
before the Lord your God at Horeb.” Also, Nachmanides enumerated it
(Additional Prohibition No. 2). There is some proof that this prohibi-
tion should be part of the enumeration as related to forgetting stand-
ing at Sinai or related to forgetting the Torah, from what is stated in
— 370 —
———————————————— The Negative Commandments ————————————————
Menachot (99b): Resh Lakish said that anyone who forgets even one
thing that he learned transgresses a prohibition, as it is written “But
be heedful and watch yourselves scrupulously that you do not forget,
etc.” This is also in accordance with R. Avin, who said (Eruvin 96a) that
any where it says hishamer (be heedful), pen (lest), or al (do not), this
must be a prohibition. This prohibition is in my opinion an enumerated
prohibition, in any event, and one who transgresses it is punishable
by whipping. But it does not refer to forgetting Mt. Sinai, but it refers
to being heedful about his own life, for they state in Chapter Shevuat
Ha’edut (Sh’vuot 36a) that if one curses himself, he is punishable by
whipping, as it is said, “Be heedful and watch yourselves scrupulously,”
and as Rabbi Avin said that any place that it is said hishamer, pen, or al,
this must be a prohibition. Maimonides, in fact, wrote this in his major
work (Mishneh Torah, Hilchot Sanhedrin, 6, 3). But he wrote there
that this law is derived from the general statement forbidding curs-
ing others [besides particular cases, like the deaf, who are mentioned
in the Torah], but this does not seem so from the Gemara [where the
law against cursing oneself is derived from the verse “Be heedful,” as
explained above].*
*In the Mishneh Torah, however,
There are apparently two prohibitions
he seems to say that it is derived
here (in Deut. 4:9–10). The one concerns from “Be heedful,” the previous
guarding one’s life, and it is repeated in contrary statement by Zohar
Harakia notwithstanding. A very
(Deut. 4:15) “Take heed well for your- long and far-ranging discussion of
selves,” and this is also borne out in the problem is given Perlow in his
work on Saadyah’s enumeration,
Chapter En Omdin (Berachot 32b), and
Prohibitions 47 and 48. In Yad
from this is derived the prohibition about Halevi, we find a simple solution
uncovered water, and the stringency to this ambivalence. Maimonides
holds that one who curses himself
about this exceeds that for [explicit] pro- is forbidden by the general
hibitions of the Torah, as is seen in the prohibition against cursing
people. But the verse “Be heedful”
final chapter of Chullin (10a).
is used to show that just as one is
The second prohibition that I men- not supposed to injure others, so
tioned (in Deut. 4:9–10) is about forget- he is not supposed to injure his
own person, and thus, he himself
ting that standing [at Sinai]. Both of these is included along with all Israelites
may be enumerated although they are under “You shall not curse.”
included in one negative statement, for
Maimonides did similarly in the case of war spoils and inheritance of
land in Israel (see above Stanza 85). And Nachmanides did similarly in
counting leaven and honey separately (see Stanza 68), since there is a
— 371 —
———————————————— The Negative Commandments ————————————————
119. And the commandment of “Do not kindle,” and the com-
mandment of “Do not lie”;
And the commandment of “You shall not sell,” [and] the field
of open spaces around cities.
There is disagreement among the sages as to why the Torah says
specifically “You shall not kindle” (Exod. 35:3), since all kinds of work
148 So the additional implication of “remember” is that one should verbalize this. Furthermore, one
sees that both “remembering” and “not forgetting” have separate implications, and also that if one
is subject to doubt, so is the other.
149 This poetic license was used, since sh’tayim is correct to agree with mitzvoth (commandments),
which is feminine. But the wrong masculine form, ne’emarim, is used to fit in with the rhyme
scheme, where every stanza ends with the sound rim.
— 372 —
———————————————— The Negative Commandments ————————————————
are included in the general prohibition [of not working on the Sabbath].
Some say it indicates that it is different in being forbidden only as a
usual prohibition [punishable only by whipping, while other kinds of
work are subject to capital punishment]. Others say it is to separate
[various types of work, which means that if one does various types of
work unintentionally, he must bring a sin offering for each type]. If
so [that it merely clarifies the commandment of not doing work], why
should it be included in the enumeration of the commandments [in ad-
dition to the commandment of not working]? But we should include
here a subject which should be included in the enumeration of the com-
mandments, and this is that the court should not burn someone guilty
of a crime punishable by burning, on the Sabbath. The same applies
to other types of capital punishment, which also do not override the
Sabbath [even though punishment by the court is a positive command-
ment, and positive commandments often do override prohibitions].
And in the Mechilta (Vayakhel 1, 6), they state concerning “You shall
not kindle” that burning is part of the general law [of forbidden work
on the Sabbath], and it is singled out to teach that just as burning is
specifically one kind of capital punishment, and does not override the
Sabbath, so no other kinds of capital punishment override the Sabbath.
And in the Yerushalmi (Sanhedrin 4, 6), they state concerning “In all
your habitations” (also Exod. 35:3) that Rabbi Illa said in the name of
Rabbi Yose that from this phrase one learns that courts of law should
not be conducted on the Sabbath [“habitations” is also used elsewhere
in connection with courts].
And the commandment “Do not lie” is a prohibition that one who
denies [that he owes] money, should not swear falsely. And in the Sifra
(Kedoshim 24, 3), they say regarding “Do not lie” (Lev. 19:11) that, since
it is said (Lev. 5:22), “[if he] swore falsely” we learn that there is a pun-
ishment. But where do we see a prohibition expressed? It is from “Do
not lie.” And in the Gemara Shevuot [actually in Bava Kamma 105b],
they said that if one swore in [false] denial of money [owed], he trans-
gresses two prohibitions, “Do not lie” (Lev. 19:11) and “You shall not
swear falsely in my name” (Lev. 19:12).
And the commandment “You shall not sell” is written in the Torah
(Lev. 25:23) “And the land shall not be sold in perpetuity.” Maimonides
counted it (Prohibition No. 227) and said that it is a prohibition that we
shall not sell our inherited land as an absolute sale, as it is said, “And
— 373 —
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— 374 —
———————————————— The Negative Commandments ————————————————
it is said (Deut. 24:6) “No one shall take the mill or the upper millstone
as a pledge.” And it is said in the Mishnah Bava Metzia (9, 13) that this
does not just apply to the mill and upper millstone, but to anything
needed to prepare food, as it is said (ibid.), “For he is taking a person’s
life as a pledge.”
Now, this prohibition is not counted as two, even though they have
stated (Bava Metzia 115a) that [if one took as pledge both a mill and an
upper millstone], he is guilty for the mill separately and for the upper
millstone separately. This does not make us count it as two prohibitions,
for undoubtedly if one took as pledge many utensils, he is guilty for each
and every one, just like one who takes as pledge clothing from many
widows (see Deut. 24:17). And the sages of the Talmud would not have
even needed to mention this [that one is separately guilty for the mill
and the upper millstone], since it is obvious, but because the work is
performed by the mill and upper millstone jointly, one might have con-
sidered them but a single commandment, and he would only be subject
to a single whipping for both of them. Therefore, they explained to us
they are like two separate instruments, for which he would be separately
guilty for each.
And for weights of scales. This is the prohibition that we should
not have defective weights and measures, as it is said (Deut. 25:13) “You
shall not have in your bag diverse weights, etc.” Even though this pro-
hibition is repeated in (ibid., v. 14) “You shall not have in your house
various ephahs” as I wrote above, this is only counted as a single com-
mandment, for all of it just completes the content, as is known from
the Principles (No. 9). It is forbidden to keep them, even just to use
them [measuring vessels] as a chamber pot (Bava Batra 89b). He has
previously (Stanza 31) recorded the prohibition “You shall not falsify
measures of length, etc.” (Lev. 19:35).
— 375 —
———————————————— The Negative Commandments ————————————————
122. And the law of “You shall not add on” and the law of “You
shall not defile,”
And the law of “You shall not round off the edges of the
head,” like the [pagan] priests.
This is the prohibition not to add on to the commandments, e.g., like
having five scriptural portions in the tefillin, or five tzitait fringes, or five
species involved with the lulav, etc., where one adds on to the command-
ment itself, as it is said (Deut. 13:1) “You shall not add on to it.” And at
the end of Eruvin (100a) and in Zevachim (80a), it is stated “You have
transgressed against ‘You shall not add.’”
And the law of “You shall not defile” (Num. 35:33). The Gaon
[Halachot Gedolot] counted this, but Maimonides did not, because this
statement is merely giving a reason for the prohibition of murder, and
anything that just gives a reason [or consequences of sinful acts] is not
to be enumerated, as is known from the Principles (Principle No. 5).
But Nachmanides (on Principle 5) defended the Halachot Gedolot for
enumerating it from what is said in the Sifre (Massei 30, 33) that the
verse “And you shall not defile the land” is a prohibition against insin-
cerity [the word tachanifu, translated here as defile, also has the mean-
ing of insincerity or flattery]. It is appropriate in this place [in the verse
concerning murder], since one must not show flattery to a murderer
[i.e., make a pretense, for whatever reason, that the murderer should
not bear the full penalty of the law].
And Nachmanides also discussed that both Maimonides and
Halachot Gedolot neglected [to enumerate] a related prohibition. This is
(Num. 35:33) “And the land can have no expiation for the blood that is
shed on it, except by the blood of him who shed it.” He brings as proof
for this what is stated in the Gemara Ketubot (37b) when they identify
two prohibitive verses forbidding taking monetary ransom [rather than
the specified punishment for murder], the one being unintentional
[murder] and the other being intentional. They raise the question why
there is [yet a third expression regarding this matter, i.e.], “And the land
can have no expiation for the blood.” From this quotation, it seems that
it [i.e., “and the land . . . blood”] was considered by them as a prohi-
— 376 —
———————————————— The Negative Commandments ————————————————
124. About the commandment “Do not lift” you shall never act
corruptly;
— 377 —
———————————————— The Negative Commandments ————————————————
125. And the law of “You shall not stray,” and the law of “You
shall not fear,”
And the law of “They shall not be removed,” and the law of an
oath of self-denial.
You shall not stray (Num. 15:39) is the prohibition against think-
ing wistfully about idol worship and forbidden sexual relations. This is
as the sages explained that “after your heart” (ibid.) means heresy, and
“after your eyes” means sexual immorality, as mentioned in Berachot
(12b) and in the Sifre (Sh’lach 70). It is plausible to count them as two
commandments, for their content is different, one being heresy and
— 378 —
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— 379 —
———————————————— The Negative Commandments ————————————————
if they will not151 turn away from the words of God. If, however, it is to
be understood as a prohibition, it is regarding idolatry alone, since the
end of the verse is “To go after other gods to serve them.” Now, there are
many prohibitions regarding idolatry, but they are not all enumerated
separately, as is known from the Principles (No. 9).
And the law of an oath of self-denial is a prohibition for a person
who forbids himself something with an oath, that he should not break
his word, as it is said (Num. 30:3) “He shall not break his word.” The
sages explained that “he shall not break (yachel) his word” means that
he should not make his words permissive [the word yachel is related to
chullin = permitted food]. And in Shevuot (20b), it states that [if one
transgresses] a konam vow [whose language differs from an “oath” in
that the konam says “Object A is forbidden to me,” rather than the oath
expression, “I take an oath not to benefit from object A”], he [also] trans-
gresses “He shall not break his word.” There is a positive commandment
about this also, i.e. (Num. 30:3), “According to all that comes out from
his mouth he shall do.”
126. And the law of “I have not eaten,” and the law of “I have
not removed,”
And the law of “I have not given” for the dead who are cut off.
These prohibitions refer to second tithe [that tithe which is set aside
for consumption in Jerusalem]. One is forbidden to eat it while in
mourning, or in a condition of impurity, and one may not utilize it for
anything but eating and drinking. The prohibition for these command-
ments is expressed by the verse (Deut. 26, 14), “I have not eaten it in
my mourning,” which implies (Ma’aser Sheni, 5, 12) that it is forbidden
to an onen [a mourner before the burial]; “I have not removed any of it
while unclean,” which is a prohibition against eating second tithe while
unclean, which they state (Sifre, Tavo 14, 14) means whether the person
is impure while the tithe is pure, or the person is pure while the tithe is
impure; “and I have not given of it for the dead,” from which it is inferred
that the second tithe money [gotten by selling the second tithe produce]
may only be spent for eating and drinking. This prohibition even extends
to spending for the needs of a corpse that one is commanded to provide
for it a casket and shrouds. This is how Maimonides (Prohibitions 150–
151 I am translating this assuming that the text should be k’shelo, not v’shelo.
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— 381 —
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upon separating second tithe]; and it is known that if one separated and
did not recite a blessing, he has not transgressed a prohibition, and the
same applies to the other negative statements.
It is somewhat difficult for me, regarding the prohibition of an onen
eating holy food or second tithe, [to say] on which commandment we
should base this, if [as Nachmanides asserts] there is no [clear-cut]
prohibitive statement. As for the prohibition about uncleanness they
are based on other prohibitions, and they are included in the enumera-
tion. But, as for the other prohibitions derived from this verse, which
according to Maimonides are positive commandments derived from
negative statements, I cannot find any basis for them any place. And we
would have to add these among the positive commandments together
with prohibitions derived from positive statements [since the latter are
legally considered as positive commandments], and this needs further
clarification [see Ziv Hazohar, note 712]. Perhaps everything might be
included in [the commandment] that we are commanded to eat second
tithe in Jerusalem, which we have already among the positive com-
mandments.152
127. And regarding the law of a pledge you shall judge righ-
teously;
And the portion about the lay person, and the portion about
the officers.
Regarding the law of a pledge [for an unpaid loan] there are two
prohibitions. The one is that [a lender] should not take a pledge from
a debtor on his own, but only through a court order, as it is said (Deut.
24:10) “You shall not enter his house to take his pledge.” The text of
the Mishnah (Bava Metzia 9, 13) says that if one lends to his fellow,
he should not take a pledge except through the court, and one should
not go into his house to take his pledge [but the borrower should bring
it outside]. The second prohibition is that we should not hold back the
pledge of a poor person which is in our possession while he needs it, as
it is said (Deut. 24:12) “You shall not go to sleep with his pledge,” and
they explain it in the Sifre (Tetze 143, 12) as “You shall not go to sleep
while his pledge is with you.”
And the portion about the layman and the portion about the
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— 383 —
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ments. Since this does not interfere with the enumeration of the com-
mandments, I will not deal with it at length, except for the one matter
included among the “Torah portions.” This is the prohibition which
Maimonides did not record, but the Halachot Gedolot wrote “the Torah
portion of inheritance” and the “Torah portion of the law of the first
born.” Nachmanides wrote that this refers to the prohibition that we
may not transfer the inheritance of the first born to the son of the loved
one, and therefore, he included it in the enumeration of the command-
ments (Additional Commandment No. 12). But concerning the verse
(Num. 36:7) “No inheritance shall pass, etc.,” they have already stated
in Chapter Yesh Nochalin (Bava Batra 102a) that it only applied to that
generation. Therefore, it was a temporary commandment, and should
not be included in the enumeration, as is known from the Principles
(No. 3).
The meaning of “which express wisdoms” means [that the Torah por-
tions] bring forth wisdoms to saturate thirsty souls [as indicated by the
rest of the stanza].
129. And there are seventy one cases whose deeds incur death;
And these are enumerated, and they are mentioned in
Scripture.
And the Gaon [Halachot Gedolot] also counts 277 prohibitions in his
list of prohibitions, and seventy-one sins punishable by death. The poet
mentions them individually, and in each case, I will explain his inten-
tion and the intentions of those who disagree with him and what should
properly be enumerated.
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131. And he who entices and he who profanes, and the drunkard
and glutton son;
And he who strikes or curses, and he who leads cities astray.
[The poet] has not yet mentioned the prohibition of enticing, this
prohibition being that one may not seduce any person in Israel into idol
worship, and if he does so, he must be put to death. The prohibition is
mentioned in the verse (Deut. 13:12) “And all Israel will hear and see
and will no longer do.” I already wrote about this above (Stanza 23), and
they said this in the Talmud (Sanhedrin 67a).
“And he who profanes” refers to profaning the Sabbath, which
is punishable by stoning. [The poet] already wrote above (Stanza 59)
“And to put aside all work on Sabbaths to make them acceptable.” And
so did the Gaon [Halachot Gedolot] count, among those punishable
by stoning, the person who profanes the Sabbath; and he [also] in-
cludes among his prohibitions “You shall not do work on the Sabbath.”
Maimonides argues with him for enumerating both the prohibition
and the punishment. Now, Nachmanides defended the Gaon, that he
did not mean that “you shall not do work” applies to kinds of work
punishable by stoning, but to the kind that only is prohibited [and
punishable by whipping, not execution]. This applies to one who drives
his animal on the Sabbath, which is forbidden by a prohibition, but is
not subject to the death penalty, as is mentioned in the last chapter
of Shabbat (154a). Nevertheless, this argument has no bearing at all
on the enumeration of the commandments, for I have already written
above (Positive Commandments, Stanza 5) how the punishments are
properly counted. But I am wondering why we should not count two
prohibitions regarding the Sabbath, one being [work] punishable by
death, and the other being [work only subject to a] prohibition, i.e.,
driving an animal. And even if there would be only a single prohibitory
statement, it would be propter to separate them because of the differ-
ence of punishment, just as is customarily done for other prohibitions,
where there is a difference of punishment, and certainly if there are
several prohibitions [as in our case].
And the drunkard and glutton son. The drunken and glutton son
has no prohibition except that it is included in (Lev. 19:26) “You shall
not eat over blood.” And the poet has already written (Stanza 48), “You
shall not eat over the blood of my early daily offering.” There, I wrote
about all the opinions expressed concerning this prohibition. He writes
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— 386 —
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if [the person cursed] was his father and a ruler, then he is guilty on
account of his father, and a ruler, and a judge, and being one of your
nation, it does not imply four prohibitions. But there are three prohibi-
tions, and the punishment [of death] on account of the father is added to
them [the other three]. This is similar to what they said (Makkot 17b)
[about the statement that] if one ate a fire offering whose blood had not
been sprinkled, he is punished by whipping five times. [They proposed
that the actual intention was not five whippings, but just that this action
involves] five prohibitions. Nachmanides wrote that Maimonides was
acting according to the custom of the Halachot Gedolot, who counted
under the prohibition of “You shall not commit adultery” (Exod. 20:13)
the cases of a betrothed maiden, the fully married woman, and the
daughter of a kohen [as three separate enumerated prohibitions] because
they differ in their punishments. Now, he [Maimonides] disagreed with
him [Halachot Gedolot]. But here he [Maimonides] follows the same
method with regard to striking and cursing.
But he himself [Nachmanides] also counted “You shall not eat over
the blood” as two commandments (in his criticism of Maimonides’s
Prohibition No. 195), because of a difference in punishment. So how can
he raise an objection here [in the case of striking]. Also, Maimonides
counted “And do not mention the name of other gods” (Exod. 23:13)
as two commandments [Prohibitions 14 and 26] on the basis of dif-
ferent punishments. Also, according to him, “You shall not curse elo-
him” (Exod. 22:27) is counted for two prohibitions, as I have written
(Stanzas 15 and 48).
But in the case of striking or cursing, it is plausible to enumerate
them thus [separately], and it is not analogous to the case of the adul-
terer and the adulteress. For in that case, they are all included in the
death penalty, since it says (Lev. 20:10) “The adulterer and the adulter-
ess shall surely be put to death.” As to specifying one case by stoning [for
both adulterer and adulteress if she was betrothed], another by burning
[the adulteress daughter of a kohen], and another by strangulation [both
adulterer and adulteress if she is fully married], this does not mean that
these details should be included [separately] in the enumeration. This
is because they are only an explanation of the general statement that
all of them are put to death, and the difference in the type of execution
is not equivalent to being a separate prohibition. However, if one case
were only a prohibition [with no death penalty], and the other case was
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132. And one who utters falsehoods in the name of idol worship,
And one who does ov divination, and the yidoni sorcerers
with their falsehoods.
“Dover sarah” means “one who utters falsehoods” (see Lev. 13:6). This
refers only to one who prophesies [falsely] in God’s name, but he who
prophesies thus in the name of an idol is the one who is punishable by
stoning, even if he proclaims the law correctly. But the poet was not pre-
cise about this [since he attaches stoning to one who prophesies falsely
in God’s name] for poetic purposes.153 The prohibition which expresses
this, according to what Maimonides wrote, is (Exod. 23:13) “You shall
not mention the name of other gods.”
Now, Maimonides wrote (Prohibition No. 26) that even though this
prohibition is about swearing in the name of an idol, as I have written
previously (Stanza No. 24), this does not preclude one prohibition from
applying to many things, and it is not considered a generalized prohibi-
tion (lav shebichlalut), if the punishment is separately stated for each
thing. This is similar to (Lev. 19:26) “You shall not eat over blood,” which
Nachmanides (on Prohibition No. 195) counts as two prohibitions. In all
such cases, it is because there is a difference in the punishments. There
is an additional reason for separating this prohibition [i.e., “You shall
153 The commentators, e.g., Perlow, point out that here the Zohar Harakia is in apparent contradiction
to the Mishnah, Sanhedrin 11, 1, which specifies strangulation for one who prophesies in the
name of an idol.
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———————————————— The Negative Commandments ————————————————
not mention the name of other gods” ] into two [separately enumer-
ated] negative commandments, since swearing in the name of an idol is
included in another prohibition, i.e. (Deut. 6:14), “You shall not go after
other gods,” which includes not to fear an idol, not to honor it by em-
bracing or kissing it, and not to swear by it, as I wrote in the Principles
(No. 9). So this prohibition applies particularly to one who prophesies in
the name pf an idol, which is punishable by death.
And one who does ov divination in loathsomeness [means one
who keeps far from it], for it is proper to keep far away from it [because
of its loathsomeness]. It is from the expression (Num. 11:20) “And it
shall be loathsome to you.” [In the phrase] “And the yidoni sorcerers
with their falsehoods,” the nun of yidoni should have a tzere which makes
it [plural] possessive with “falsehoods” [i.e., yidonei would mean the “the
yidoni sorcerers of”]. These are two prohibitions contained in one nega-
tive statement, i.e., “Turn not to the ovot or the yidonim” (Lev. 19:31).
Now, Maimonides wrote (Priohibition 9), “Do not think that this is an
inclusive prohibition [lav shebichlalut, which is usually considered a
single commmandment, although specifying more than one case], since
it has already been separated when mentioning the punishment, where
it says (ibid., 20:27) ‘If a man or a woman does ov sorcery or (Heb. o)
yidoni sorcery, they shall surely be put to death’ [the word o for ‘or’ is
considered a decoupling word, while the conjunction v’ is not, although
it is frequently translated as ‘or’]. The Sifra states that we understand
the punishment (from 20:27); but whence do we have a prohibition? It
is from ‘Turn not to the ovot and yidonim.’”
But Nachmanides disagreed (on Prohibition 9) with him, and said
that it actually is an inclusive prohibition. He brings proof from what
they said in Sanhedrin (65a) and Keritot (3b): “What is different here
[Sanhedrin] where yidoni is mentioned [in addition to ov], whereas there
[Keritot] it does not mention Yidoni [just ov]? Rabbi Yochanan said that
it is because they are both stated as a single prohibition [and thus re-
garding penalties for the offense it makes no difference whether one
committed the ov offense and then the yidoni offense, or whether one
committed the ov offense twice]. Resh Lakish, however, said [that the
yidoni is omitted in Keritot], since it does not involve physical action
[and only a prohibition involving physical action requires a sin offer-
ing when the sin is not intentional]. Why would Resh Lakish not say
the same reason as Rabbi Yochanan? Rav Pappa said that [it is because]
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they are divided [in this verse] about the death penalty [as explained
above regarding verse 20:27; thus, Resh Lakish would consider them as
two separate prohibitions, separately needing sin offerings, except for
the fact that the yidoni intrinsically does not incur a sin offering]. Rabbi
Yochanan [would respond to this] that a separation in the prohibitive
statement is what counts as an effective separation, while a separation
in the death penalty does not count as an effective separation [with re-
gard to requiring separate sin offerings].” Now, Nachmanides wrote that
the law was decided in accordance with Rabbi Yochanan [which would
contradict Maimonides’s argument for listing ov and yidoni as separate].
Nevertheless, he [Nachmanides] still counts them as two separate com-
mandments, according to his methodology of enumeration of the com-
mandments, as is known from the Principles.154
154 In Principle No. 9, Nachmanides differs from Maimonides in that the enumeration of separate
commandments does not depend on whether the actions are separately punished, but rather on
the nature of the actions. Thus, he considers ov and yidoni as separate prohibitions, although they
are not separately punished.
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134. And the intentional false prophet, the worm will cover him;
And the woman who lies with the beast of the forests.
This refers to a false prophet who speaks in God’s name that which
He did not say to him. The expression of this prohibition is (Deut. 18:20)
“But the prophet who speaks presumptuously in My name that which
I did not command him,” and his death is by strangulation, as is men-
tioned in Sanhedrin (84b). There is a [type of] prophet who incurs di-
vinely ordained death, i.e., one who transgresses against his own words,
and [also] one who suppresses his prophecy. But these are not guilty
of transgressing a specific prohibition [and thus are not punishable by
whipping]. And one who transgresses the words of a prophet is punished
by divinely ordained death also, and it is contained in a positive com-
mandment, as it is said, “And you shall hearken unto him” (Deut. 18:15).
155 Perlow remarks that Duran erred here, since Nachmanides did not count “You shall not defile the
land,” although he did include a similar prohibition.
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That which he says “the worm will cover him” means that he will
die, for beneath him maggots are spread, and he is covered with worms
(Isa. 14:11). And the word mida’at [which I translated as “intentional”]
means [that he prophesied] in his own estimation, but he was not sent
for this mission, even though the prophecy may have been said to his
fellowman.
And a woman who lies with the beast of the forests is the prohi-
bition that a woman should not have intercourse with an animal, as it is
said (Lev. 18:23) “And a woman should not let herself be with a beast to
mate with it.” He expresses this as “beast of the forests,” since a woman
would not do this in a populated place where males are to be found, or
because of fear of the court; and she is subject to stoning.
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156 Rashi comments that this repetition implies that the prohibition holds even if the son died.
— 393 —
———————————————— The Negative Commandments ————————————————
that these are two prohibitions in the enumeration, and this is true. His
expression “farm-fed” throws shame on the copulater who has given his
semen to an animal at its master’s feeding-trough, which is certainly
revolting and deserves a harsh death.
Or with males. A single prohibition applies to the semen giver and
to the receiver, which is the verse (Lev. 18:22) “You shall not lie with a
male.” This includes the receiver, since [lo tishkav (you shall not lie)] can
be read lo tishakev (you shall not be caused to lie) [just by altering the
vowel points], according to Rabbi Akiva’s opinion (Sanhedrin 54b), as I
explained above in the stanza (No. 95), where it says “There shall be no
male prostitute.” And according to what they concluded in Sanhedrin
(54a) there belong here two other prohibitions, which are one who has
intercourse with his father, or with his father’s brother, making him
twice guilty, once on account of his father or his father’s brother, and
once on account of “You shall not lie with a male.” They [the prohibitions
are expressed as] (Lev. 18:7) “You shall not uncover your father’s naked-
ness [and also presumably Lev. 18:14, “Do not uncover the nakedness of
your father’s brother,” though it is absent from the Hebrew text]. I have
also written this above (Stanza 95).
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male prostitute” and “You shall not lie with a male” (see above Stanzas
135 and 95), for we count the prohibition that includes [both cases], but
the special prohibition [that includes only one case] is only for reinforce-
ment. Also in the Mishnah Keritot (1, 1), [in the enumeration of sins
punishable by “cutting off”] they count adultery as a single case of “cut-
ting off.” In this case, I would not think that Nachmanides would differ
with him [Maimonides], even though he does differ about the case of
leaven and honey (see Stanza 68), since there the inclusive prohibition
mentions both cases explicitly, and the specific prohibition only comes
to separate the two. But here the inclusive prohibition expresses both
cases with a single term; therefore, we count the inclusive prohibition,
while the second prohibition is for emphasis. Similarly, the entire sec-
tion about forbidden relations addresses the man, while at the end it
generalizes in the verse (Lev. 18:29) “And the persons who do these will
be cut off,” the females with the males. This is the way it appears to me
to make these matters consistent.
He who deals repulsively with his aunt. This is the prohibition
about the wife of his father’s brother, which is punishable by “cutting
off.”
When he says “both are cursed (ne’arim),” this is an expression of
cursing, as in (Mal. 3:9) “You are cursed with a curse (me’erah),” and it
refers to the verse (Lev. 20:20) “They will die childless.”
137. He who has intercourse with her who bore him, his daugh-
ter, his wife’s daughter, His son’s daughter, or his daughter’s
daughter are scattered at the mouth of the nether world.
Her who bore him means his mother, even if she is not his father’s
wife; for instance, if his father raped his mother, and she bore a child to
him, this is a mother who is not his father’s wife, and this is punishable
by stoning. There is another prohibition regarding his father’s wife who
is not his mother, and this also is punishable by stoning. And if one had
sexual relations with his mother who is also his father’s wife, either dur-
ing his father’s life or after his death, and it was unintentional, he must
bring two sin offerings, one because of being his mother, and the other
being because of being his father’s wife, as they stated in Sanhedrin
(54a).
His daughter. This means a man’s daughter by a woman he raped,
and also the daughter of his son or the daughter of his daughter, [in a
— 395 —
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case where the grandmother was] a woman he raped [rather than his
wife]. For a man’s daughter by his wife is included in the prohibition
of (Lev. 18:17) “a woman and her daughter.” But his daughter [even if
not by his wife, but by rape, for example] is not written explicitly in the
Torah, but is derived from a gezerah shavah, as they stated in Keritot
(5a) “Let a gezerah shavah not be insignificant in your eyes, for the
prohibition about a daughter is a fundamental law in the Torah, and
Scripture teaches this only by a gezerah shavah with the word henah and
zimah.” This means that regarding a woman and her daughter it is said
(Lev. 18:17) “They are (henah) near kinswomen,” while regarding the
daughter of his daughter it is said (ibid., v. 10) “They are (henah) your
own nakedness.” So just as in the former case the daughter and grand-
daughter [of the wife] are made equal (in v. 17, both are prohibited),
so in the latter case [v. 10 where only the granddaughter is explicit] his
daughter is made equal to the granddaughter [i.e., his daughter is like-
wise understood to be forbidden. In addition to the derived prohibition
for his daughter, we can also derive the punishment for his daughter],
for regarding the punishment it is said here (18:17) “They are near kins-
women, it is depravity (zimah),” and later (Lev. 20:14) “If a man takes
a woman and her mother, it is depravity; they shall be burnt with fire,
both he and they, that there be no depravity (zimah) among you.” Just as
in the latter case, burning [is the penalty], also here (Lev. 18:17), [which
deals not only with mother and daughter, but also mother and grand-
daughter] it is by burning. Furthermore, burning applies to the man’s
daughter in 18:10, since the verses 17 and 10 are linked by the gezerah
shavah of henah]. Inasmuch as [the daughter] is not explicitly written
in the Torah, the Tanna in the Mishnah does not count her among the
thirty-six prohibitions punishable by “cutting off” (Keritot 1:1), and so
it is explained in the Gemara.
His wife’s daughter. This is another prohibition [separate from
his daughter], which applies even to her daughter by another man. This
is (in the verse Lev. 18:17,) “You shall not uncover the nakedness of
a woman and her daughter.” It is also [punishable] by burning. Thus,
there are two [separate] prohibitions, one applying to his daughter by a
woman he raped, and the other to his wife’s daughter by another man.
But the commentator on the Azharot [Rabbi Moses ibn Tibbon] did not
include this.
His son’s daughter and his daughter’s daughter. These are two
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prohibitions, i.e. (Lev. 18:10), “You shall not uncover the nakedness of
the daughter of your son or the daughter of your daughter.” These are
counted as two, and it is not an inclusive prohibition (lav shebichlalut),
[which is usually counted as a single prohibition]. For Scripture has di-
vided them by the word or (o rather than u). This is Maimonides’s opin-
ion, as I wrote previously (Stanza 132), regarding the ov and the yidoni.
These are punishable by burning.
“Are scattered at the mouth of the nether world” is based on a
Scriptural expression (Ps. 141:7) “Our bones are scattered at the mouth
of the nether world,” which is a metaphor for death.
138. One who has intercourse with his sister, or with his
mother-in-law, Or with his wife’s sister, or with the sister of
his parents;
A sister from one’s father born from a woman who is not his wife,
e.g., from a woman he raped, is included in (Lev. 18:9) “the nakedness
of your sister”; and so is the nakedness of his sister by his mother who
is not his father’s wife, but is by another man. And the nakedness of his
sister from his father’s wife is included in (ibid., v. 11) “the nakedness
of your father’s wife’s daughter.” These are two prohibitions, and one
who has intercourse with his sister from his father and from his mother
who is married to his father is guilty on two counts, once since she is his
sister, and the second since she is the daughter of his father’s wife, as
is mentioned in the second chapter of Yevamot (22b). But since there is
the single designation “sister,” the Tanna in the Mishnah which lists the
thirty-six cases of “cutting off” (Keritot 1:1) counts them both as only
a single case.
Or with his mother-in-law. His mother-in-law is included in “a
woman and her daughter” (Lev. 18:17). It is punishable by burning dur-
ing the lifetime of his wife. After she dies, some say that [intercourse
with the mother] incurs the punishment of “cutting off” (see Mishneh
Torah, Issurei Bi’ah 2, 7 and 8), but this is not true. But even though it
does not incur “cutting off,” it is included in (Deut. 27:23) “Cursed is he
who lies with his mother-in-law.”
Or with his wife’s sister. He has already written previously (Stanza
92) “a woman in addition to her sister” for the content of the prohibi-
tion, and it is repeated here regarding the punishment.
Or with the sister of his parents. He includes here two prohibi-
— 397 —
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tions, the sister of his father or his mother, i.e., his parents, and they are
both punishable by “cutting off.”
— 398 —
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Although he wrote above (Stanza 92) “Do not lie with her in her separa-
tion of uncleanness,” this pertains to the prohibition, and he repeats it
here in the context of the punishment.
To complete the observance. This means until completion of her
time of purification (See Lev. 12:4).
141. And the law of daughters of a kohen, and the law of their
false accusers,
And the law of those who have intercourse with them, to
destroy them utterly.
There is no addition to the enumeration here, since they are included
in the prohibition of a married woman, as I wrote above (Stanzas 135,
136). And the daughters of a kohen are punishable by burning, like a
woman and her daughter, while those who falsely accused them would
be subject to strangulation, as would be the men who had intercourse
with them. For it is said (Deut. 19:19) “as he intended to do to his broth-
er,” which implies not [as he intended to do to] his sister. And those who
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— 400 —
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— 401 —
———————————————— The Negative Commandments ————————————————
157 From my reading of Nachmanides’s Additional Prohibition No. 4 and the sources he quotes, I do
not see any distinction made between planning to eat of the sacrifice at an improper place and an
improper time.
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145. Broken loins will be for him who performs magic deception,
And cleanness of teeth will be for him who eats notar.
For him who performs magic deception (Heb. ochez einayim).
He mentions this (in connection with) sorcery, which is prohibited
(Maimonides, Prohibition No. 34), as it is said (Deut. 18:10) “There shall
not be found among you . . . nor a sorcerer.” If one actually performs
an act [of witchcraft], he is subject to the death penalty. If he only did
a deceptive imitation [of witchcraft], he is guilty of trespassing a pro-
hibition, as mentioned in the Gemara Sanhedrin. Since it may involve
capital punishment, he says “breaking of loins” (see Ezek. 21:11).
And cleanness of teeth indicates lack of food, as it is written (Am.
4: 6) “And cleanness of teeth in all your cities and lack of bread.” This is
measure for measure [the famine is punishment] for eating notar. I have
already written in the preceding stanza about the prohibition of notar.
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———————————————— The Negative Commandments ————————————————
106a): “Since the verse (Lev. 17:7, ‘They shall no more sacrifice their
sacrifices to the satyrs’ is not needed to indicate customary forms of
worship, since it is written [Deut. 12:30] ‘How do these nations worship
their gods?’ it may be applied to the case where it is not a customary
form for it [that idol]. Such a case would be sacrificing an animal to
Mercury.”158 The third prohibition is not serving an idol in other ways
than the four aforementioned that are appropriate to God, but which
are a characteristic way of serving that idol. Examples are evacuating be-
fore Pe’or or throwing a stone to Mercury. And the prohibition for this is
(Exod. 20:5) “You shall not serve them.” And it is stated in the Mechilta
that “you shall not prostrate before them nor serve them” means that
one is independently guilty for prostrating and for serving.
But Nachmanides counts all the negative statements about idolatry
as just a single prohibition. For in the Gemara (Makkot 23b), it states
that “I am . . .” (Exod. 20:2) and “You shall have no . . .” (ibid., v. 3) we
*This is in heard [directly] from the mouth of the Almighty.* So
explanation of they (i.e., Exod. 20:2–6) are counted as two of the 613
the gematria
commandments [and since v. 2 is one commandment,
interpretation by
which Moses is said the remaining verses must be one commandment]. I
to have conveyed have already written this (Positive Commandments,
611 commandments
to Israel. Stanza 11, and Negative Commandments, Stanza 8).
But he [Nachmanides] further says that regarding
hugging and kissing [an idol] for whom this is not a customary mode
of worship, there is a separate prohibition, just as there is regarding
vowing in its name or attesting in its name. But in his final words (i.e.,
where Nachmanides summarizes his enumeration), I have not seen that
he included this in the enumeration. Perhaps this is because a single
prohibition includes this together with vowing in its name and attesting
in its name, since one prohibition covers all of them [i.e., “You shall not
go after other gods” (Deut. 6:14)], as I have written in the Principles
(No. 9, see p. 26, col. 2; and p. 27, col. 1 in Ziv Hazohar edition).
A mifletzet (an abominable thing). I explained this in the Positive
Commandments (Stanza 27). Some versions have tifletzet, based on “Your
terror has deceived you” in Jeremiah (49:16), but the meaning is the same.
One who eats leaven during the days that are watched. “The
days that are watched” means the days of Passover, as it is said (Exod.
158 This way of extending the scope of a verse is a common rabbinic method of exegesis.
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———————————————— The Negative Commandments ————————————————
12:42) “It is a night of watching,” or [as in] the statement (ibid., v. 17)
“And you shall observe [the Hebrew is the same as for “watch”] the
feast of unleavened bread,” or the statement (Deut. 16:1) “Observe [the
Hebrew is the same as for “watch”] the month of Abib.” This prohibition
concerns eating leavened grain during Passover, and it is punishable by
“cutting off.” The prohibition is written as (Exod. 13:3) “No leavened
bread shall be eaten.”
Now, Maimonides adds here another prohibition, not to eat on
Passover a mixture with leavened bread, like Babylonian kutach, when
it amounts to [eating] an olive’s bulk within the time needed to eat half
a loaf. The prohibition written about this is (Exod. 12:20) “You shall eat
nothing leavened.” Maimonides remarks that if it amounts to less than
an olive bulk during the time needed to eat half a loaf, this is rabbinically
forbidden, but it is not punishable by whipping [which only applies to
Torah prohibitions].
But Nachmanides disagrees with him regarding the law and regard-
ing the enumeration. For if one ingests an olive’s bulk during the time
of eating half a loaf, this is actually punishable by “cutting off,” and this
is not considered like a mixture of leaven but like actual leaven. They
expressly said (Pesachim 44a) that for an olive’s bulk consumed in the
time of eating half a loaf, [the prohibition] is a Torah law. And regard-
ing [prohibitions] generally they speak (Avodah Zarah 67a) about [cases
where something is forbidden] both in itself and in its being [used as] a
flavor, and they are punishable [by whipping], and [they point out that]
this is the case for [ingesting] an olive’s bulk during the time of eating
half a loaf. Since in the general case of other prohibitions one is pun-
ished by whipping [for such a mixture], in the case of leaven [mixtures]
it is punished by “cutting off,” for there is no scriptural interpretation
in other prohibitions which indicate a situation where whipping is re-
tained while “cutting off” is excluded. So since it [eating an olive’s bulk
during a time of eating half a loaf] is considered as actual eating, in that
it is punished by whipping for ordinary prohibitions, similarly with sins
punishable by “cutting off,” it is equivalent to actual eating and would be
punished by “cutting off.”
Now, if there is less than an olive’s bulk in the time of eating half a
loaf, Rabbi Eliezer included this [as forbidden] from the verse (Exod.
12:20) “You shall eat nothing leavened,” that it should be punished by
whipping, but not by “cutting off,” and such is the case of Babylonian
— 405 —
———————————————— The Negative Commandments ————————————————
kutach and similar things. But the law is not according to his opinion,
but according to the rabbis, who say that for actual leavened grain one
is punished by “cutting off,” but for mixtures of leaven there is nothing
[no punishment]. And according to their opinion [i.e., the rabbis], the
prohibition of “nothing leavened” is not meant to include the case of
mixtures of leaven, but it is used only for another interpretation; i.e.,
one might have reasoned that only grain that became leavened by itself
[is meant to be forbidden]. How is it known that also grain that was
leavened by another agent [is included]? For this, we invoke the verse
“nothing leavened.” Thus, this prohibition would not be enumerated,
since it serves to complete the law of actual leaven.
147. One who does not perform the paschal lamb, his name will
be covered with darkness;
Like a man who eats or works on Yom Kippur.
[Transgressing] the paschal offering is punishable by “cutting off,”
but it is not part of the enumeration of the prohibitions, and thus they
stated in Mishnah Keritot (1, 1) “The Paschal lamb and circumcision
among the positive commandments are punished by “cutting off.”
His name will be covered in darkness. This is a curse that he will
be cut off and his name will rot (Prov. 10:2).
Like a man who eats or works on Yom Kippur. One who eats
on Yom Kippur is punishable by “cutting off,” and it is a prohibition.
In the Mishnah Keritot, where they enumerate sins subject to “cutting
off,” they count eating on Yom Kippur, and everything listed there is a
prohibition except the paschal lamb and circumcision. We do not find
[in Scripture an explicit] prohibition, but we do find a punishment, “for
any person who does not practice self-denial . . . shall be cut off.” In
the Sifra (Emor 182), they deduce the prohibition [of eating] from that
regarding work, for the verse [that prescribes “cutting off” for the sin of
working on Yom Kilppur] is not really needed, since it can be argued that
if fasting, although it does not apply to the Sabbath and other holidays,
does apply on Yom Kippur, certainly [the prohibition of] work, which
applies to them [Sabbath and holidays] must apply to Yom Kippur. In
that case, why is the verse stated [regarding work? It is to indicate that]
just as work is punishable only if it came after being warned about the
prohibition, so the punishment for not fasting only can come after be-
ing warned about the prohibition.
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———————————————— The Negative Commandments ————————————————
— 407 —
———————————————— The Negative Commandments ————————————————
who performs priestly services with his hands or feet unwashed is pun-
ishable by death. But there is no prohibitive statement, but a positive
commandment, as it is said (Exod. 30:20) “They shall wash with water
and not die,” and this has already been included in the enumeration of
the commandments (Positive Commandments, Stanza 48).
150. And one who transgresses regarding the blood of the cov-
enant, his life will be cut off;
But it is a hope and a future for freeing the prisoners.
They have already stated in the Mishnah Keritot (1, 1) that the pas-
chal lamb and circumcision are punishable by “cutting off,” and that they
are [unlike the majority listed there] positive commandments. He says
by way of a curse that the life of one who transgresses these will be cut
off, while one who keeps them will have a good reward for his work,
since Israel is redeemed through the merit of circumcision, as it is said
(Zech. 9:11) “Also you, for the blood of your covenant, I send forth your
prisoners.” [This promise of redemption of prisoners] will give you “a
hope and a future,” which is a verse from Jeremiah (9:11).
151. And the impure will be trodden down, when he enters the
Sanctuary,
And one who eats holy sacrifices with impurity of the flesh.
Will be trodden down is an expression of curse, that “he will be
trodden down in his place as straw is trodden down” (Isa. 25:10). This
refers to one who is impure and enters the Temple. There are two prohi-
bitions about this. The one refers to [entry into] the camp of the Divine
Presence, which consists of the entire courtyard within the gate of
Nikanor, as it is said (Num. 5:3) “That they shall not defile their camp.”
It says in the Gemara Makkot (14b) that concerning one who enters
the sanctuary while impure there is written both a prohibition and a
punishment. The punishment is (ibid., 19:13) “He has defiled the L’s.
tabernacle . . . shall be cut off.” The prohibition is (Num. 5:3) “They shall
not defile their camp.” Also, it says in the Mechilta [actually in the Sifre
Zuta] that “they shall send out of the camp” (Num. 5:2) is a positive
commandment, and [the corresponding] prohibition is “They shall not
defile their camp.” The prohibition is reiterated regarding a woman who
gives birth, as it is said (Lev. 12:4) “She shall not come into the sanctu-
ary,” [which is punishable] by “cutting off.” This applies even if she is
— 408 —
———————————————— The Negative Commandments ————————————————
still lacking just her atonement offering [although having completed the
number of days required for the defilement], for it is written (ibid., v. 7),
“He will make atonement for her and she will become cleansed,” which
implies that until then she remains defiled. And it is similarly stated
in the Gemara Makkot [perhaps Yevamot 74b is meant] and Zevachim
(19b).
The second prohibition is that [one who is defiled] may not enter
the camp of the Levites, which is the entire Temple mount [outside the
camp of the Divine Presence], as it is said concerning one defiled by a
night incident (Deut. 23:11) “He shall not come within the camp.” I ex-
plained this prohibition above in the stanza (65) “And an incident that
might be seen.”
It seems that regarding defiling the sanctuary and its holy things
two [separate prohibitions] should be counted. The one is punishable by
“cutting off,” and the other as [only an ordinary] prohibition, from what
is stated (Sifra, Acharei 129) that the verse (Lev. 17:16) “But if he does
not launder [his clothes] and bathes his body, he shall not bear his guilt”
means that [not] washing the body is punishable by “cutting off,” but
[not] laundering his clothes is punishable [only] as a prohibition. Thus
did Maimonides write in his big work (Mishneh Torah, Biat Hamikdash
3, 12). And since they involve different punishments, they should be
counted as two separate commandments.
And one who eats holy sacrifices with impurity of the flesh.
There are two prohibitions about eating holy things with impurity. The
first is about [eating] pure holy things while one’s body is impure. This is
[punishable] by “cutting off,” as it is said (Lev. 12:4) “She shall touch no
hallowed thing,” and it is stated in the Sifra (Tazria 16, 8) that the verse
(ibid.) “She shall touch no hallowed thing . . . and she shall not come
into the sanctuary” [implies] that just as one who enters the sanctuary
while impure is punished by “cutting off,” so is one who eats holy things
while impure is punished by “cutting off.” And in the Gemara Makkot
(14b), they stated regarding an impure person who ate holy things that
the punishment is clearly written, i.e. (Lev. 7:20), “The person who, in a
state of uncleanness, eats flesh from the peace offerings . . . shall be cut
off.” But from where do we have a prohibitive statement? It comes from
(Lev. 12:4) “She shall touch no hallowed thing.” And there (Makkot ibid.)
they stated, “‘She shall touch no hallowed thing’ is a prohibition not
to eat it. Do you mean that the prohibition is about eating; or perhaps
— 409 —
———————————————— The Negative Commandments ————————————————
— 410 —
———————————————— The Negative Commandments ————————————————
is said (Deut. 12:17) “You may not eat within your gates the tithe of your
grain, etc.)”; later, it says (Deut. 26:12) “That they [the Levite, stranger,
orphan, and widow] will eat within your gates.” Now, [based on the com-
mon expression “within your gates,”] just as the latter quotation refers
to the poor tithe, also the former quotation refers to the poor tithe.*
This prohibition (Deut. 12:17) has already *This indicates that grain
been enumerated (No. 116). The law regarding from which the poor tithe
challah-dough is like the law of terumah [i.e., a has not been removed
is forbidden to eat. The
portion of the dough must be removed to give straightforward meaning
to the kohen before the remaining dough can of Deut. 12:17 is that it
forbids eating various types
be used, just as the terumah portion, etc. must of dedicated foods outside
be separated from the grain before using the of Jerusalem. Nevertheless,
remainder], since it [challah-dough] is called there appears to be a
secondary meaning to this
terumah (Num. 15:19–20). verse, i.e., to prohibit eating
And he stated by way of a curse that of tithes, etc., which have
not yet been separated from
pains will come upon him . . . and throes will the grain, this expression
seize him [compare Isa. 13:8)], and also he “within your gates” implying
will exert himself for naught, in accordance that the tithe is still mixed
in the grain. This remark is
with their statement (in Ta’anit 9a) that aser made by Rashi on Makkot
te’aser (Deut. 14:22) [can be understood oth- 17b. The expression “within
your gates” is also taken by
erwise than in the conventional sense of “You the Gemara to include even
shall surely tithe” by voweling it to read aser the poor tithe under this
te’asher, meaning] “Tithe that you will become tevel prohibition, on the basis
of Deut. 26:12, which shows
rich” [i.e., in order for your produce to prosper, that the expression “within
you must remove and distribute the prescribed you gates” is associated with
the poor tithe.
contributions].
— 411 —
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154. And from the world will depart the tevul yom who is deliv-
ered to the sun,
And one who is lacking his enumerated garments.
A tevul yom [one immersed on the final day of his impurity, but is
not yet fully pure] is one who did the ritual immersion for his seminal
pollution or for another type of impurity, but has not reached sunset
[and still retains until sunset a lesser degree of impurity]. If he [happens
to be a kohen and] performs priestly service, he transgresses a prohibi-
tion and is punished with death by the hand of heaven. They stated in
Sanhedrin (83b) that the verse (Lev. 21:6) “They shall be holy unto their
God, and they shall not profane the name of their God,” though it would
not be pertinent to a [fully] impure kohen [being forbidden to serve],
since this has been stated elsewhere; but it may be applied to a tevul yom
who served, and who is punishable by death, [this being derived] from
[the case of a kohen who is impure and eats] terumah, since the expres-
sion “profaning” (chilul) is used in both cases.
And he says by way of a curse that a tevul yom whose sun has not
yet set [after his bathing] will depart from the world, and this would be
the meaning of “the tevul yom who is delivered to the sun,” that is, his
purification is delivered to [i.e., is awaiting] the setting of the sun. And
this death [punishment] applies when he does Temple service, and he
relies on the following stanza (No. 154) [to make this idea clear, where
it says] “And the stranger who does service.”
But it is possible that this should be read as the tevul yom who is de-
livered to service, [by reading l’shamesh, “to serve,” instead of lashem-
esh, “to the sun,”] with the shin having a patach and with the mem having
a tsere, and with a dagesh in the mem. This would mean “a tevul yom who
goes in to serve in the Temple.” And service would be implied by “deliv-
ered,” just as the Targum renders “They are wholly given,” (Num. 8:16)
[where it speaks of the Levites as being given for the divine service] as
“They shall be delivered.”
And one who is lacking his enumerated garments, i.e., the eight of
the High Priest during the whole year, but four on Yom Kippur, and
likewise for the regular kohen always [four]; if he serves [without the
required garments], he is punished by death, as they taught in Mishnah
Sanhedrin (83b). And they said in the Gemara, “How is this known?”
Rabbi Abbahu said in the name of Rabbi Yochanan, and this [teaching]
was traced back to R. Elazar son of R. Shimon, that the verse (Exod.
— 412 —
———————————————— The Negative Commandments ————————————————
29:9) “And you shall gird them with girdles . . . and shall bind head-ties
on them, and they shall have the priesthood as their perpetual right”
implies that when their garments are upon them, their priesthood is
upon them; and when their garments are not on them, their priesthood
is not on them, so they become like lay people, and it has been taught
that a layman who performs service is punished by death.
Now, Nachmanides (on Prohibition No. 163) enumerated [a kohen]
lacking his proper garments as one of the commandments, though
Maimonides does not count it. But he puts in its stead (Prohibition No.
164) [a kohen entering the Sanctuary with] torn clothes. Nachmanides
does not count that [torn clothes], as I have written previously (Stanza
105).
— 413 —
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159 In most versions of the Sifre, the proof texts “nor you” and “neither they” are inverted. We adopt
the emendation given by Malbim on the Sifre which was proposed by the Kesef Mishneh on
Hilchot Klei Hamikdash 3, 9–11 and approved by the Gaon of Vilna. It was also used in the Yad
Halevi, Prohibition No. 72.
— 414 —
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— 415 —
———————————————— The Negative Commandments ————————————————
***
And now you o’ reader, “see, even see” (1 Sam. 24:11) what I have
written about both the positive and the negative commandments, how
many disagreements and how many confusions have fallen into the
enumeration of the commandments. It seems like Maimonides in his
first draft could not get the right number of prohibitions. For so did
Nachmanides write (at the end of the Prohibitions section) that it was
lacking seven commandments in the prohibitions. But we see them fully
numbered in his later version. Now, Nachmanides had added on his own
160 Y. Perlow’s marginal note on Zohar Harakia here points out that the more appropriate answer to
the question here is that given in the Gemara Sh’vuot 17b, while Ravad’s answer is needed only to
cover the case of a tevul yom performing service.
— 416 —
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— 417 —
———————————————— The Negative Commandments ————————————————
May the most high God hasten to gather his needy people,
And build Mount Zion with its valley and corpses.
161 Perlow in his introduction to Saadya’s enumeration shows that the last argument about small
deviations is way off.
162 The last is a grammatically questionable adaptation of Ps. 119:99.
— 418 —
———————————————— The Negative Commandments ————————————————
And may the small population see the arising of those sleeping
in dust,
When the shofar is sounded, and when the flag is raised on the
mountains.
And from the top of noisy streets the mouths will sing,
And from the lairs of lions and from the mountains of leopards.
(And then every erring nation will melt because of the trouble,
At the sound of a multitude celebrating with joy and songs.)163
***
— 419 —
———————————————————— Preface ————————————————————
— 420 —
———————————————— Appendix to the Zohar Harakia ————————————————
The author said [the author informs us that this appendix is also his
writing] that God, having blessed us until now—blessed is God who
let us live and kept us until this time—we have seen fit to add on to
the teaching about determining the calculation of the enumeration of
the commandments according to our humble opinion and reasoning.
We make our basis Maimonides’s enumeration in his Sefer Hamitzvot
and in the beginning of Sefer Hamada (in the Mishneh Torah). Now,
we have decided to count a prohibition derived from a positive state-
ment (lav haba michlal aseh) in the enumeration of the 248 [positive
commandments], on account of the proof we found for this from the
Yerushalmi, as we wrote at the end of our commentary on the positive
commandments (Stanza 82). For we do not find even for Nachmanides,
who disputes with Maimonides, any consistency, since he includes
some of them in his enumeration and excludes some. And according
to this decision of ours we have seen that the number of 248 [positive
commandments] would be completed with prohibitions derived from
positive statements whose laws are considered as positive.
You have already seen from what we wrote in our commentary
on the positive commandments, that Nachmanides found fault with
Maimonides’s enumeration regarding twenty-six commandments
which he deleted from his own [Nachmanides’s] enumeration. These are
(1) “to serve Him” meaning prayer (Stanza 12); (2) “And you shall swear
by His name” (Stanza 14); (3) demanding payment of a loan to a gentile
(in the sabbatical year) (Stanza 37); (4) taking interest from a gentile
(Stanza 37); (5) bringing sacrifices from outside the land of Israel to the
Temple (Stanza 38); (6–8) the four types of capital punishment which
he Nachmanides counts as just one commandment while Maimonides
counts them as four, so that Nachmanides has deleted three more com-
mandments, which added to five previously mentioned makes eight; (9)
the law of annulment of vows; all the laws of impurities, which are thir-
teen commandments (Stanza 68) which Nachmanides omits from his
enumeration, and which added to the previous nine makes twenty-two
commandments; he also omits the four commandments of examining
the signs of cattle and animals [regarding clean and unclean species],
examining signs of birds [printed texts omit this], examining signs of
— 421 —
———————————————— Appendix to the Zohar Harakia ————————————————
fish, and examining signs of swarming flying things (Stanza 82), all
together twenty-six commandments. He inserts in their stead to com-
plete the enumeration twenty-six other commandments, as you have
seen from what I wrote in the commentary on the commandments.
These are (1) to recite a blessing for the Torah (Stanza 24); (2) remem-
bering what was stated concerning Miriam (Stanza 26); (3) “You shall
be wholehearted” (Stanza 31); (4) eating holy sacrifices in Jerusalem
(Stanza 35); (5) to include all other sacrifices between the two daily
[morning and evening] sacrifices (Stanza 35); fruits of the seventh year
to be used as food, and not for merchandising (Stanza 36); (7) enabling
one’s brother to make a living (Stanza 39); (80) returning specified
interest (Stanza 39); (9) eating the paschal lamb on the fourteenth [of
Nissan] prohibited (Stanza 40); (10) prohibition of benefiting from the
clothing of one afflicted with tzora’at (Stanza 45); (11) the law of (a
master) who knocks out his slave’s tooth (Stanza 18); (12) to make the
Ark and its cover (Stanza 49); (13) the prohibition against sacrificing
the limbs of a wild animal on the altar [as implied from a positive com-
mandment (see Positive Commandment No. 133, Stanza 51)]; (14) the
blood avenger must execute the murderer (Stanza 53); (15) the prohibi-
tion against eating impure terumah [implied by a positive statement,
Stanza 54)]; (16) to set aside terumah from quality produce (Stanza 54);
(17) to recognize rights of the first born (Stanza 58); (18) to sanctify
the hair grown on a Nazirite by prohibiting making use of it (Stanza
59); (19) to take possession of the Land of Canaan (Stanza 76); (20) to
leave a fourth side for [enemy] soldiers [to flee] (Stanza 77); (21) prohi-
bition of destruction of fruit trees during siege [implied by the positive
statement that they may be eaten (Stanza 77)]; and (22) prohibition of
making a legal decision while drunk [derived from a positive command-
ment (Stanza 82 of Negative Commandments)]. And, [furthermore],
he enumerates reading of the shema [twice a day (see Stanza 12)], the
two daily offerings [morning and evening (Stanza 45)], the incense
burning morning and evening (Stanza 50), vows regarding holy things
as well as vows regarding personal prohibitions, and determining the
new moon and determining leap years, [all the above five topics as two
separate commandments each]. So he has five extra commandments,
since Maimonides had counted [each pair] as only a single command-
ment. With the twenty-two [additions listed previously] there are now
twenty-seven. This is how I found his [Nachmanides’s] enumeration
— 422 —
———————————————— Appendix to the Zohar Harakia ————————————————
— 423 —
———————————————— Appendix to the Zohar Harakia ————————————————
the head tefillin and the hand tefillin as a single commandment, just
like Maimonides concluded concerning the blue thread of the tzitzit
(Stanza 14). For just as it is stated (Menachot 44a) that [absence of]
the head tefillin does not interfere with [the legitimate observance
of] the hand tefillin, similarly did they say that [absence of] the blue
thread does not interfere with [the legitimate observance of] the white
thread.165 We have previously written in my commentary on the posi-
tive commandments (Stanza 20) that Maimonides’s proof that it [the
tzitzit] should be counted as a single commandment is not valid, and
his objection against the Halachot Gedolot [which would indicate that
one] should count [tefillin] as two commandments is not valid. So in
the end, the commandment of tefillin would be treated equivalently to
that of tzitzit, so that if tzitzit is a single commandment, so is tefillin
single. So [as a result,] there are twenty-one [deletions].
You have already seen our decision (Stanza 11) to delete from the
count the statement “I am” [the first statement in the Decalogue], and
the commandment of [affirming God’s] unity, in accordance with the
Halachot Gedolot, since these are fundamental tenets of the Torah
[rather than specific commandments], so there are [now] twenty-three
[deletions]. We also omitted from Nachmanides count making the
ark and its cover. For we would only be making a single [ark], and we
are sure that we would not have to make another in the times of the
Messiah, since God will reveal to us the one that Moses made, as they
expounded (Yoma 72a) that the verse (Exod. 26:15) “acacia planks,
upright” as meaning “lasting forever,” [since the word omdim (upright)
can also mean (lasting),] so there are now twenty-four [deletions].
But we left the commandment of proper slaughtering in the enu-
meration (Stanza 82), even though we wrote a proof from the Midrash
Yelamdenu that it is not counted as a commandment with the meaning
that it is a duty to slaughter; nevertheless, we have left it in the enu-
meration because of our decision to count [we here translate in accor-
dance with the version in the Torah Shelemah edition, i.e., “im kol zeh
hinachnuhu b’cheshbon mipnei haskamatenu limnot” prohibitions implied
by positive commandments [among the positive commandments]. And
165 In Maimonides’s Principle 11, the role of “interference” is discussed in deciding whether two
aspects of a commandment are to be separately enumerated. The considerations regarding the
tefillin and the tzitzit are discussed by a number of commentators.
— 424 —
———————————————— Appendix to the Zohar Harakia ————————————————
166 We think that the text should read v’hichnasnuhu, not v’hichnisuha.
— 425 —
———————————————— Appendix to the Zohar Harakia ————————————————
of a sacrifice all night on the floor [without burning them] (see Stanza
51); (12) “Whatever touches its flesh shall be holy” (Lev. 6:20) (see
Stanza 55); (13) eating terumah in purity (Stanza 54); (14) keeping far
from falsehood (Stanza 59); (15) the High Priest forbidden to marry a
woman who is not a virgin (Stanza 44); (16) prohibition of marrying
an Egyptian or Edomite convert in the first two generations (Stanza
44); (17) paying back one’s creditor (Stanza 59); (18) a Nazirite should
preserve his sanctity (Stanza 59); (19) “And her impurity be upon him”
(Lev. 15:24), which is a positive commandment concerning a menstru-
ally impure woman (Stanza 64); (20) leaving the field two years in the
possession of the purchaser (Stanza 73.)167; (21) an Israelite being for-
bidden to perform the priestly blessing (Stanza 44); (22) prohibition
against relatives whose intercourse would be incestuous from being
alone with each other (Stanza 78); (23) “And he shall be jealous for his
wife” (Num. 5:14) (see Stanza 83); (24) purification of the impurity
of one rendered impure by a corpse, in accordance with Maimonides,
since we do not agree with Nachmanides’s opinion about this.
Also, [in addition to commandments listed by Nachmanides which
Duran previously rejected] we find difficulty with his [Nachmanides’s]
including in the enumeration of the commandments that regard the
knocking out of a slave’s tooth (Stanza 18), a Nazirite keeping the
sanctity of his hair (Stanza 59), the fourth direction [for an enemy to
flee] (Stanza 77), and judicial decision connected with an intoxicated
judge (Stanza 82), for we do not find the sages mentioning them as
specific commandments. We have introduced in their stead the four
commandments to examine [the signs that render animals, birds, fish,
and swarming flying things fit to be eaten]. We have done this in ac-
cordance with the opinion of Maimonides to the effect that these are
prohibitions derived from positive statements.
Now, if we would have to include in this [our enumeration] making
the Ark and its cover, because of the proof which we found about this (in
Stanza 49), we would withdraw either [the commandment about] the
relatives [whose intercourse is considered to be incest] not being alone,
or that of the husband required to be jealous about his wife [whom
he suspects of adultery], in order to be in agreement with the opinion
167 Perlow notes here that this is contrary to what is written in the text, where he mentions two
commandments on this matter.
— 426 —
———————————————— Appendix to the Zohar Harakia ————————————————
168 The comment of Perlow here says that such a distinction is not at all found in the Principles.
— 427 —
———————————————— Appendix to the Zohar Harakia ————————————————
— 428 —
———————————————— Appendix to the Zohar Harakia ————————————————
— 429 —
———————————————— Appendix to the Zohar Harakia ————————————————
place (ibid.); (6) not to eat the slaughtered bird of a metzora (Stanza
72); (7) the Levites may not take their terumah [the portion of their
tithe which they must give to the kohen] from bad quality for the good
quality [produce, which they would eat for themselves] (Stanza 47); (8)
we shall not accept the shekel offering from gentiles (Stanza 51); (9)
we must not accept the testimony of a single individual in capital cases
(Stanza 28); (10) “He shall not melt” [i.e., a coward shall not melt the
courage of his comrade soldier] (Stanza 127); (11) “And you shall keep
yourself away from any evil thing” (Stanza 65); (12)one may not give
away the firstborn privilege (Stanza 128); (13) you shall not spare a
murderer (Stanza 80); (14) the prohibition [to a High Priest] of a chalut-
zah (Stanza 93); (15) prohibition of [a man having intercourse with his
wife who becomes] a sotah in secret [i.e., an adulteress] (Stanza 91);
(16) “It shall not be difficult in your eyes” concerning a Hebrew slave
[i.e., to give him presents when he goes free] (Stanza 57); (17) “You
shall not feel bad in your heart” [when you give charity] (Stanza 79).
Also, he counts the cases of [not marrying] an Ammonite or Moabite
(Stanza 86), [not oppressing] an orphan or widow (Stanza 13), [not
inflicting the death penalty on] the innocent and righteous [the rab-
bis understood these terms to mean two ways in which a man may be
acquitted in spite of his apparent guilt] (see Stanza 88), [not to burn
on the altar] leaven or honey (Stanza 68), [not bringing as gift to the
Temple] the fee [of a harlot] or the price [of a “dog”] (see Stanza 54),
[not to eat] partially roasted or boiled [paschal lamb] (Stanza 74), [all
the above] as two commandments apiece, while Maimonides counts
[them] as one apiece. So he [Nachmanides] has six additional prohibi-
tions, which with the seventeen aforementioned makes twenty-three.
[Now continuing, we have]: (24) [a kohen] should not profane the
sanctuary of his God [by leaving the sanctuary in the midst of service]
(Stanza 105); (25) not to pollute your land [by allowing the corpse of
an executed criminal hanging overnight] (Stanza 64); (26) “They shall
not enter to see during the covering [of the holy vessels by the Levites]
(Stanza 113)”; (27) “He shall serve no more,” said of the Levites [after
their retirement age] (Stanza 115); (28) “You shall not bring sin on
the land” (Deut. 24:4) [by taking back an ex-wife who was divorced by
a second husband] (see Stanza 93); (29) “The land shall not fall into
harlotry” (Stanza 13); (30) “One should not be like Korach and his
company” (Stanza 114); (31) the prohibition of [deriving benefit from]
— 430 —
———————————————— Appendix to the Zohar Harakia ————————————————
a firstborn of an ass [which was not redeemed] (see Stanza 72). With
this, Nachmanides’s 365 prohibitions are completed.
But he had a difficulty with three prohibitions, i.e., not to harass
Seir [Edom], Moab, or Ammon (see Stanza 86). He included them
in his enumeration of the commandments, so he had to delete from
Maimonides’s enumeration three [commandments] correspondingly;
and so he was pressed to count the four prohibitions concerning of-
fering a blemished animal on the altar as just a single commandment
(see Stanza 39), since it is a single subject. You have already seen that
we decided to count the prohibitory statements, without considering
the resemblance of the subjects. You have also seen about these three
prohibitions [Seir, Moab, Ammon], that they do not apply throughout
the generations, and because of this [we did not enumerate them], and
therefore, we left Maimonides enumeration about sacrificing blem-
ished animals as he had it [as four separate commandments].
But we must look into Nachmanides’s enumeration as to whether it
jibes with our ideas or not. For we have worried about what he wrote
that Maimonides did not complete the number of 365 prohibitions
[since we have taken as our starting point Maimonides’s complete 365
commandments together with Nachmanides’s alterations and addi-
tions], whereas we found then complete. Therefore, we have an excess
of seven commandments over the 365 prohibitions, and how can this
be? So we labored ceaselessly [the Hebrew phrase is from Lam. 5:5],
for all this care [this phrase is from 2 Kings 4:13] of ours is just for this
purpose of bringing forth a precise enumeration, no less and no more.
But we have seen (compare Stanza 63) that he [Nachmanides] criticized
Maimonides for [allegedly] counting the prohibitions of the Nazirite as
a single prohibition, in view of his [Maimonides’s] decision to enumer-
ate prohibitions according to the number of [individual] whippings
[as punishment for several components simultaneously transgressed],
which would require him to enumerate five prohibitions, for there are
five whippings among them [the Nazirite prohibitions]. But according
to the version of the Sefer Hamitzvot that is in our hands, which is the
translation of Rabbi Moses ibn Tibbon, we found that he does count them
as five prohibitiions. Apparently, in the first version of Sefer Hamitzvot
which came to the hands of Nachmanides, which was the translation
of Rabbi Abraham Halevi ibn Chasdai, he only counted them as one,
and later he [Maimonides] reviewed and corrected this. Thus, we have
— 431 —
———————————————— Appendix to the Zohar Harakia ————————————————
— 432 —
———————————————— Appendix to the Zohar Harakia ————————————————
— 433 —
———————————————— Appendix to the Zohar Harakia ————————————————
— 434 —
———————————————— Appendix to the Zohar Harakia ————————————————
deleted, and they will complete the 365 prohibitions, as follows. With
the prohibitions of the Nazirite that Maimonides counted as five, we
counted them according to our system only as three, and Nachmanides
only as one in his system of enumerating the commandments, so
we have [in effect] two additional commandments [compared with
Nachmanides]. The third is not dedicating unblemished animals for
temple maintenance [rather than sacrifices]. The fourth is the prohi-
bition of deriving benefit from a corpse, which is derived by a gezera
shava, just as they decided (Sefer Hamitzvot, Prohibition No. 315) to
count [the prohibition of] an uncircumcised person [eating terumah],
which is derived from a gezera shava. The fifth is the prohibition of ben-
efiting from meat mixed with milk.
The sixth is “You shall not eat over blood” as prohibiting the first
[gluttonous] eating by the rebellious son (Stanza 48). [Even though
this is a lav shebichlalut containing many forbidden acts, we may count
the particular prohibition of the rebellious son separately], just as we
count “You shall not curse God [and judges]” (Stanza 15) as two sepa-
rate prohibitions; similarly we should count this prohibition (“You shall
not eat over blood”) as two prohibitions, since one [being those other
components of the commandment which are punishable] by whipping,
and the other [gluttony which is ultimately by] death. Similarly, the
seventh (Stanza 99) is (Lev. 25:42) “They may not be sold as bondmen,”
is due to the same reason [i.e., the case of selling a Hebrew slave in a
degrading manner is punishable by whipping, while the case of kidnap-
ping a slave is punishable by death]. Similarly, the eighth, eating blood
(Stanza 48), [comprises two prohibitions], the one [eating “life blood,”
punishable] with “cutting off,” and the other [eating “organ blood,”
punishable as an ordinary] prohibition [with whipping]. Similarly, the
ninth is leading a donkey on the Sabbath (Stanza 131), [this kind of
work being punishable only as an ordinary prohibition, not by death as
for other kinds of work]. And similarly, the tenth is that of a lay person
who does [priestly] service, which involves two prohibitions, one pun-
ishable by death and the other as a simple prohibition, with the same
reasoning (see Stanza 155).
The eleventh is “Your eye shall not have mercy” stated about false
witnesses (Stanza 80), just like they decided to enumerate “You shall
not have mercy” regarding one who incites idolatry (Stanza 23), or a
murderer (ibid.), or one who seizes the genitals (Stanza 80), the reasons
— 435 —
———————————————— Appendix to the Zohar Harakia ————————————————
being the same. The twelfth is “You shall not profane your daughter,
making her a harlot,” as we wrote (Stanza 13) in our commentary on
the prohibitions. And if this prohibition is not admissible in the enu-
meration, we could introduce instead [eating from a sacrificial animal]
slaughtered with intention of [eating it] outside [the proper place],
since a particular negative commandment applies to this.169
The thirteenth is the prohibition (Lev. 2:11) “It shall not be made
with leaven.”170 The fourteenth and fifteenth are (Exod. 13:15) “The rich
shall not pay more and the poor shall not pay less [than a half shekel].”
The sixteenth is the entry [by the High Priest] into the Sanctuary [when
not required] which is prohibited (see Stanza 68). The seventeenth is
the prohibition of defiling the Sanctuary by his unlaundered defiled
clothes [even though his body has been washed] (see Stanza 151). The
eighteenth is to take care of one’s life [not to endanger it], as it is said
(Deut. 4:15) “And you shall be most heedful of your lives.”
May He who guards the life of his faithful ones, guard our going and
our coming, and lead us on the path of his commandments from now
on forever, Amen.
And here our intention is fulfilled, with G’s. help, in figuring the
enumeration of the commandments, according to our reasoning and
our humble opinion. We have seen fit to enumerate the command-
ments according to our opinions, following the order of [ibn Gabirol’s]
Azharot, which we made as a basis for arranging these matters [to see]
how much it agrees with us, even though this [commentary] facilitates
things for anyone who undertakes such a work. And it is a divine task
for anyone who comes to fulfill it with all his heart, all his soul, and all
his capability; and may his majesty be like the olive tree (Hos. 14:7).171
It [the Azharot] is a book full of attractiveness, [like] jacinth, agate,
or topaz; spikenard, flowing myrrh, or cassia.172 It counts 365 and 248
169 Initially, Duran rejected this as a separate commandment, when he lists those additional
commandments of Nachmanides which he deletes. It is the second in the list, and he deleted it
on the basis that it is derived from a lav shebichlalut, where a single verse contains a number of
different topics. However, here he finds a redeeming feature, that a portion of the verse (Lev. 7:18)
that says “It is an abhorrent thing” is applied by the sages to the case of an animal slaughtered
with the intention of eating it in an improper place.
170 The commentary Ziv Hazohar emends the text here to quote the prohibition in Ex. 13:3
“No leavened bread shall be eaten,” as we have theorized in Principle 9, that various negative
statements should be separately counted, even though the content overlaps.
171 The words above, yado, m’odo, and hodo, rhyme.
172 Chemdah, pit’dah, and kidah rhyme.
— 436 —
———————————————— Appendix to the Zohar Harakia ————————————————
173 The usage of b’no to mean “son of” is rare. Oddly, it is used by Bilam in his prophetic declarations
(Num. 23:19, 24:3, and 24:15). Perhaps Duran used the expression Shimon b’no to recall the
language in the Mishnah (Avot 1:16) and the important teachings expressed there.
— 437 —
———————————————————— Preface ————————————————————
— 438 —
———————————————————— Glossary ————————————————————
Glossary
— 439 —
———————————————————— Glossary ————————————————————
— 440 —
———————————————————— Preface ————————————————————
— 441 —
————————————————— Translator's Afterword —————————————————
Translator's Afterword:
Two Dreams and Helpful Children
— 442 —
————————————————— Translator's Afterword —————————————————
— 443 —
———————————————————— Preface ————————————————————
— 444 —
———————————————————— Preface ————————————————————
Citations Index
1. Bible
Gen.
1:14 172 13:3 405, 435n169
5:1 14 13:7 215, 273, 275
6:3 181 13:8 114
7:14 311 13:9 16
7:16 312 13:10 18
7:21 53 13:15 435
8:17 312 13:16 86
9:5 234 13:38 105
9:7 194 14:13 308
12:5 76 15:25 92
15 330 18:19 140
15:19 330 18:23 102
17:1 110, 111 19:5 222
17:5 218, 294 19:6 223
17:9 111 19:8 65
18:24 211, 219 19:17 222, 223
25:6 320 20:2 68, 226, 370, 432
26:5 219n65 20:2 12, 223, 404
32:33 294, 364 20:2-6 404
34:2 14 20:3 12, 223, 403
38:21 344 20:4 225, 226, 404
38:22 340, 344 20:5 226, 403, 404
47:19 99 20:8 15, 112
49:6 331 20:12 207
49:11 134 20:13 208, 230, 233,
235, 236n83,
Exod. 387, 390, 394,
2:27 386 401
4:6 364 20:14 233
5:18 143 20:15 67
9:4 191 20:16 13, 67, 401
10:3 65 20:17 310
12:2 164 20:20 227
12:8 129 20:22 378
12:9 58, 317, 318 20:23 271
12:10 127, 275 21:7 349
12:11 176 21:8 180, 351
12:13 370 21:9 351
12:15 106, 215, 273 21:11 180
12:17 405 21:14 59
12:18 129 21:15 386
12:19 273 21:17 41, 386
12:21 212 21:20 350
12:42 405 21:26 349, 350
12:43 14, 274 21:27 349
12:45 274, 290 21:28 162, 256
12:46 274, 297 22:3 233
12:48 274 22:7 384
22:17 335
— 445 —
————————————————————— Index —————————————————————
— 446 —
————————————————————— Index —————————————————————
— 447 —
————————————————————— Index —————————————————————
— 448 —
————————————————————— Index —————————————————————
— 449 —
————————————————————— Index —————————————————————
— 450 —
————————————————————— Index —————————————————————
— 451 —
————————————————————— Index —————————————————————
— 452 —
————————————————————— Index —————————————————————
— 453 —
————————————————————— Index —————————————————————
Prov. Ruth
2:6 66 2:15 10
3:6 77
3:8 83
3:15 221 Lam.
4:22 219, 311 2:11 240
4:23 222 4:5 9
5:8 231 5:5 430
5:22 123
6:32 394 Eccl.
8:13 244 3:19 10
8:23 144 5:4 92
8:30 109, 222 9:2 10
8:35 311 6:4 255
10:2 406 10:17 346n136
10:15 103n31 12:11 67
12:18 9
15:25 369
17:1 358 Esth.
17:14 362 7:5 243
19:26 266 8:15 9
22:4 99 9:27 84
23:5 9 10:2 20
23:8 358
24:11 10 Dan.
24:30–31 264 8:27 10
25:8 238 10:16 10
26:20 238 11:24 329
27:15 67 11:32 378
27:17 10 12:3 10, 11
Job Ezra
3:6 255 3:1 146
5:13 66 6:17 147, 149
7:2 233 8:35 148
9:6 106
10:22 367 Neh.
15:31 229 4:2 131
20:15 362 5:13 320
31:17 358 10:33 207
31:24 227
36:33 227n76
37:18 12 1 Chron.
13 365
— 454 —
————————————————————— Index —————————————————————
Hagigah Taanit
2:1 415 2:7 415
Kelim Tamid
1:9 285 3:4 288
9 353
Temurah
Keritot 1:6 288
1:1 128, 287, 393, 395-398, 1:10 288
406-408 1:33 288
— 455 —
————————————————————— Index —————————————————————
Mechilta Vayakhel
Berachot 1:6 373
3:1 74
6:1 97
6:19 169 Mechilta Yitro
5:2 70
6:3 70
Megillah 7 296
1:11 185 11:9 271
— 456 —
————————————————————— Index —————————————————————
— 457 —
————————————————————— Index —————————————————————
— 458 —
————————————————————— Index —————————————————————
Bechorot Chullin
4a 86 10a 371
10b 88, 313 17b 92
13a 88, 180 24a 139, 366
27a 169 40a 256
31b 290 49b 25, 258
33b 259, 266 59a 51
43a 138 63b 46
43b 139 67a 312
56b 339 67b 50
68a 259
Berachot 78a 213
5a 84 79a 241
10b 281 80b 157, 269
11b 105 87a 98
12b 104, 378 95b 315
13a 104, 218, 294 96a 294
13b 73, 104 100b 53
14a 91 102b 56, 255, 259
14b 105 110a 317
16b 195 113b 167
19b 25 114 259
20b 112 114a 316
21a 73, 74, 97, 16, 105 115b 315
24b 218 120b 92
25a 189, 302 126b 51
26b 282 127a 51
29a 92 131a 121
— 459 —
————————————————————— Index —————————————————————
— 460 —
————————————————————— Index —————————————————————
— 461 —
————————————————————— Index —————————————————————
— 462 —
————————————————————— Index —————————————————————
Sukkah 65 195
6a 113, 160 68a 168, 337, 357
8a 417 68b 357
28b 90 69a-b 341
32b 132 70a 290, 337
37b 86 71a 274
43a 151, 153, 155 73b 381
44a 285 74b 409
45b 9n1, 21, 81 76a 232
51b 308 81a 339
56a 137 84a 38
84b 340n131
Taanit 97a 393
9a 310, 411
17b 353 Yoma
28b 92 5b 155
12b 141
Temurah 19a 137
2b 188 21b 138
3b 77, 80 23a 244, 245
4a 79, 240 24a 413
4b 189 26a 144
5a 171 30b 17
5b 270, 290 38a 144
6a 17, 266 53b 142
7a 267, 268 54a 308
7b 157, 267 60a 185
15b 150 71b 141
16a 28, 30 72a 35, 140, 370, 379, 423
17b 126 73b 22, 98, 197
29b 339 74b 167
30a 291 81a 297
33b 158 81b 89
82a 79
86b 120
Yevamot
4a 92
6b 88 Zevachim
7a 161 9b 156
11a 193 19b 409
11b 342 23b 140
14a 293 28b 402
22b 397 29b 271
37b 341 34a 158
39a 107, 193 48b 149
39b 193 56a 153
44b 338 64-65 359
45a 338 65b 17
46b 108 79a 26
47b 14, 107 91b 357
49a 133 97b 154, 166
55b 232 101a 149, 153
60a 132 101b 291
61a 338 106a 287, 404
61b 237, 337 107a 271
62a 14 112b 125
— 463 —
————————————————————— Index —————————————————————
114b 272
Shevi’it
1:1 155
6. Jerusalem Talmud
Sotah
Avodah Zarah Sotah 79, 232
1:9 325 1:5
Berachot Sukkah
7:1 97
9:3 195 3:1 132
5:1 308
Demai
5:8 374
Yoma
Eruvin 1:4 310
3:4 368
7. Midreshei Aggadah
Gittin
4:5 195
Gen. Rabba
Kiddushin 24:5 14
1:8 330, 331 47:48 78
74:13 330
Kilayim
1:7 58 Lev. Rabba
2:2 159
Megillah
4:1 97, 361 24 71
Nazir
6:1 57 Deut. Rabba
Shofetim 5:13 205
Nedarim
9:4 110
Song of Songs Raba
Orlah 1:13 12
2:1 265 2:14 114
3:3 134
Tanchuma
Peah Kedoshim 3 71
1:1 262 Korach 7 232
Lev. 2 247
Mattot 1 77
Pesachim Naso 2 71
1:4 106, 129, 215 Noach 11 320
10:1 176 Sh’lach 15 212
Tetze 2 14, 33, 215
Rosh Hashanah
1:1 330
Yalkut
Sanhedrin Deut. 807 331
4:6 373 Mishlei 4:937 14
7:7 58
7:9 231 Yalkut Shimoni
7:10 296 Korach 754 167
10:8 309 Remez 199 127
Tehillim 723 96
Shabbat
6:1 86
8. Poskim
Shekalim
2:3 207, 332
— 464 —
————————————————————— Index —————————————————————
Hilchot M’lachim
Umilchamoteihem
6:7 206
Hilchot Mamrim
1:2 22
— 465 —