Page:משנה תורה דפוס ווארשא-ווילנא כרך ראשון 1.pdf/11

 These are the 613 commandments that were said to Moses at Sinai; they and their generalities and their particulars and their details. All of those generalities and particularities and details, the explanations of each commandment, comprise the Oral Torah which each court received from the mouth of the previous court. And there are other commandments that were newly developed after the giving of the Torah, and prophets and sages established them and they spread in all of Israel – such as the reading of Scroll of Esther, and Hanukkah candles, and the fast of the Ninth of Av, and Eruvin, and impurity of hands. And each of these commandments have explanations and details. All will be explained in this compilation.

All these commandments that were newly developed – we are obligated to receive them and to keep them, as it says: "You shall not turn aside from the sentence" etc.; and they are not an addition to the commandments of the Torah. And on what did the Torah warn "you shall not add thereto, nor diminish from it"? That a prophet shall not be allowed to invent a law and say that the Holy One, Blessed be He, commanded him with this commandment, to add it to the commandments of the Torah, nor to diminish one of these 613 commandments. But if a court with a prophet that will be in that time added a commandment in a way of an enactment or in a way of an instruction or in a way of a decree – this is not an addition. For they did not say that the Holy One, Blessed be He, commanded to make an Eruv or to read the Scroll in its season. And if they would have said that, they would have been adding to the Torah. But so are we saying, that the prophets with the courts enacted them and commanded to read the Scroll in its season in order to remind the praises of the Holy One, Blessed be He, and the salvations that He did for us and He was close to our cry, in order to bless Him and to praise Him and in order to inform the coming generations that what He promised us in the Torah "And what great nation is there, that has God" etc. is true. And on this way is each and every commandment that is from the words of the Sages, both positive and negative.

I will include in it all the commandments that are the principle of the religion of our teacher, Moses, peace be upon him; and a person needs to know them before everything – for example: The Oneness of the Name, blessed is He, and the prohibitions of foreign worship. And I named this book: The Book of Wisdom.

I will include in it the commandments that are constant, that we were commanded with them in order to love God and to remember Him constantly – for example: Reading the Shema; and prayer; and tefillin; and the priestly blessing; and circumcision is included for it is a sign in our flesh to remind constantly in a time when there are neither tefillin nor fringes, etc. And I named this book: The Book of Love.

I will include in it all the commandments that are in certain seasons – for example: Sabbath and holidays. And I named this book: The Book of Seasons.

I will include in it the commandments of intercourse – for example: Betrothal and divorce and levirate marriage and release. And I named this book: The Book of Women.

I will include in it commandments of forbidden intercourse and commandments of forbidden foods – for in both of these subjects, God sanctified us and separated us from the heathens: With chastity and with forbidden foods. And in both of them it says "and I Have set you apart from the nations", "Who Have set you apart from the nations". And I named this book: The Book of Holiness.

I will include in it commandments that one who prohibited something on himself with words is obligated in them – for example: Oaths and vows. And I named this book: The Book of Pledges.

I will include in it commandments that pertain to the seed of the land – for example: Sabbatical years and jubilees and tithes and heave offerings and the rest of the commandments that are included with them of their subject. And I named this book: The Book of Agriculture.

I will include in it commandments that pertain to the building of the sanctuary and the daily public offerings. And I named this book: The Book of Temple Service.

I will include in it commandments that pertain to offerings of the individual. And I named this book: The Book of Temple Offerings.

I will include in it commandments that pertain to purities and impurities. And I named this book: The Book of Purity.

I will include in it commandments that are between man and his fellow and which start with damage in money or in body. And I named this book: The Book of Damages.

I will include in it commandments of sales and acquisition. And I named this book: The Book of Acquisition.

I will include in it commandments that are between man and his fellow in other laws which do not start with damage – for example: Guardians and creditors and claims and denials. And I named this book: The Book of Judgements.

I will include in it commandments that are given over to the Sanhedrin – for example: Death penalty by the court; and acceptance of testimony; and the judgement of the king and his wars. And I named this book: The Book of Judges. And this is the compilation of laws of this compilation according to the contents of the books and the division of the commandments according to the contents of the laws.

And now, I will begin to explain all the laws of each commandment and all the laws that are included therein from its subject according to the order of the laws with the help of God Almighty.

It contains laws on five topics; and this is their order: Laws of the Foundations of the Torah; Laws of Human Dispositions; Laws of Torah Study; Laws of Foreign Worship and Customs of the Nations; Laws of Repentance.

They comprise ten commandments: Six positive commandments and four negative commandments.1 To know that God exists. 2 Not to bring it on one's mind that any god other than Him exists. 3 To acknowledge that He is one. 4 To love Him. 5 To fear Him. 6 To sanctify His name. 7 Not to desecrate His name. 8 Not to destroy objects which His name was called on. 9 To obey a prophet who speaks in His name. 10 Not to test Him.

They comprise eleven commandments: Five positive commandments and six negative commandments.1 To follow in His ways. 2 To cling to those who know Him. 3 To love fellow men. 4 To love proselytes. 5 Not to hate brothers. 6 To reprove. 7 Not to shame. 8 Not to oppress the weak. 9 Not to bear tales. 10 Not to take vengeance. 11 Not to harbor a grudge.

They comprise two commandments: 1 To study Torah. 2 To respect its teachers and scholars.

They comprise fifty-one commandments: Two positive commandments and forty-nine negative commandments.1 Not to turn to foreign worship. 2 Not to stray after the thoughts of the heart and the sight of the eyes. 3 Not to blasphemize. 4 Not to worship it in its standard way. 5 Not to bow to it. 6 Not to make an idol for oneself. 7 Not to make an idol and even for others. 8 Not to create shapes; and even for beauty. 9 Not to entice others after it. 10 To burn a city that was led astray. 11 Not to rebuild it. 12 Not to derive benefit from any of its money. 13 Not to entice an individual to worship it. 14 Not to love the enticer. 15 Not to abandon his hatred. 16 Not to rescue him. 17 Not to judge him meritoriously. 18 Not to refrain from judging him unmeritoriously. 19 Not to prophesize in its name. 20 Not to listen to one who prophesizes in its name. 21 Not to prophesize falsely; and even in the Name of God. 22 Not to be afraid to execute a false prophet. 23 Not to swear in the name of foreign worship. 24 Not to divine by a ghost. 25 Not to divine by a familiar spirit. 26 Not to set apart to Molech. 27 Not to set up a pillar. 28 Not to bow down unto a figured stone. 29 Not to plant an Asherah. 30 To destroy foreign worship and anything that was made for it. 31 Not to derive benefit from foreign worship and its servants. 32 Not to derive benefit from the coating of something that was worshiped. 33 Not to make a league together with foreign worshippers. 34 Not to have mercy on them. 35 That they should not settle in our land. 36 Not to behave like their customs and like their clothing. 37 Not to use enchantments. 38 Not to practice divination. 39 Not to practice soothsaying. 40 Not to practice sorcery. 41 Not to practice necromancy. 42 Not to consult a ghost. 43 Not to consult a familiar spirit. 44 Not to bewitch. 45 Not to round the corner of the head. 46 Not to mar the corner of the beard. 47 That a man should not deck himself with ornaments of a woman. 48 That a woman should not deck herself with ornaments of a man. 49 Not to write a tattoo. 50 Not to cut oneself. 51 Not to make a baldness for the dead.

One positive commandment; and that is that the sinner should repent from his sin before God and should confess. In conclusion, all the commandments that are included in this book are seventy-five. Sixteen of them, positive commandments; and fifty-nine negative commandments.

It contains laws on six topics; and this is their order: Laws of Reading the Shema; Laws of Prayer and the Priestly Blessing; Laws of Tefillin, Mezuzah and a Torah Scroll; Laws of Fringes; Laws of Blessings; Laws of Circumcision.

One positive commandment; and that is to read the Shema twice daily.

They comprise two positive commandments: 1 To serve God with prayer every day. 2 That the priests should bless the Israelites every day.

They comprise five positive commandments.1 To have tefillin on the head. 2 To bind them on the hand. 3 To fix a mezuzah at the openings of the gateways. 4 That each man should write a Torah scroll for himself. 5 That the king should write a second scroll for himself in order that he should have two Torah scrolls.

One positive commandment; and that is to make fringes on the corners of the clothing‏‏‏‏.

One positive commandment; and that is to bless His Name after eating.

One positive commandment; and that is to circumcise the males on the eighth day. In conclusion, all the commandments that are included in this book are eleven positive commandments.

It contains laws on ten topics; and this is their order: Laws of the Sabbath; Laws of Eruvin; Laws of Rest on the Tenth; Laws of Rest on a Holiday; Laws of Leavened and Unleavened Bread; Laws of Shofar, Sukkah and Lulav; Laws of Shekalim; Laws of the Sanctification of the New Month; Laws of Fasts; Laws of the Scroll of Esther and Hanukkah.

They comprise five commandments: Two positive commandments and three negative commandments.1 To rest on the seventh day. 2 Not to do work on it. 3 Not to punish on the Sabbath. 4 Not to go out of the border on the Sabbath. 5 To sanctify the day with remembrance.

One positive commandment and that is from the words of the sages; and is not from the count.

They comprise four commandments: Two positive commandments and two negative commandments.1 To rest in it from work. 2 Not to do work on it. 3 To fast in it. 4 Not to eat and drink in it.

They comprise twelve commandments: Six positive commandments and six negative commandments.1 To rest on the First of Passover. 2 Not to do work on it. 3 To rest on the Seventh of Passover. 4 Not to do work on it. 5 To rest on the day of the Holiday of Shavuot. 6 Not to do work on it. 7 To rest on Rosh Hashanah. 8 Not to do work on it. 9 To rest on the First of the Holiday of Sukkoth. 10 Not to do work on it. 11 To rest on the Eighth of the Holiday. 12 Not to do work on it.

They comprise eight commandments: Three positive commandments and five negative commandments.1 Not to eat leavened bread on the Fourteenth day from midday and further. 2 To cast out leaven on the Fourteenth. 3 Not to eat leavened bread all seven days. 4 Not to eat a mixture of leavened bread all seven days. 5 That no leavened bread shall be seen all seven days. 6 That no leavened bread shall be found all seven days. 7 To eat unleavened bread on the night of Passover. 8 To recount the Exodus from Egypt on that night.

They comprise three positive commandments.1 To hear the sound of a shofar on the First of Tishri. 2 To sit in a sukkah on the seven days of the holiday. 3 To take a lulav at the sanctuary all seven days of the holiday.

One positive commandment; and that is that each man should give half of a shekel every year.

One positive commandment; and that is to calculate and to know and to determine which day is the beginning of each month from the months of the year.

One positive commandment; and that is to fast and to shout before God during every big tragedy that should not come on the public.

They comprise two positive commandments from the words of the sages; and they are not from the count. In conclusion, all the commandments of the Torah that are included in this book are thirty-five. Nineteen of them, positive commandments; and sixteen negative commandments. And it contains three commandments from the words of the sages.

It contains laws on five topics; and this is their order: Laws of Marriage; Laws of Divorce; Laws of Levirate Marriage and Release; Laws of a Virgin Maiden; Laws of a Woman Suspected of Infidelity.

They comprise four commandments: Two positive commandments and two negative commandments.1 To marry a women with a ketubah and kiddushin. 2 That a woman should not be sexually penetrated without a ketubah and kiddushin. 3 That he should not withhold food, raiment, and conjugal rights. 4 To be fruitful and multiply from her.

They comprise two commandments: 1 A positive commandment; and that is that he who divorces should divorce with a document. 2 That he should not retake his divorcée once she remarried.

They comprise three commandments: Two positive commandments and one negative commandment.1 To perform levirate marriage. 2 To release. 3 That a woman in need of levirate marriage should not get married to a stranger until the authority of the husband's brother is removed from her.

They comprise five commandments: Three positive commandments and two negative commandments.1 To fine the tempter. 2 That the rapist should marry his rapee. 3 That the rapist should not divorce. 4 That the wife of one who brings up an evil name should sit under her husband forever. 5 That one who brings up an evil name should not divorce his wife.

They comprise three commandments: One positive commandment and two negative commandments.1 To do to a woman suspected of infidelity as the law of the warnings that are ordered in the Torah. 2 Not to pour oil upon her sacrifice. 3 Not to pour upon it frankincense. In conclusion, all the commandments that are included in this book are seventeen. Nine of them, positive commandments; and eight negative commandments.

It contains laws on three topics; and this is their order: Laws of Forbidden Intercourse; Laws of Forbidden Foods; Laws of Slaughter.

They comprise thirty-seven commandments: One positive commandment and the rest are negative commandments.1 Not to sexually approach one's mother. 2 Not to sexually approach a wife of one's father. 3 Not to have sexual intercourse with a sister. 4 Not to have sexual intercourse with a daughter of a wife of one's father. 5 Not to have sexual intercourse a daughter of one's son. 6 Not to have sexual intercourse with a daughter. 7 Not to have sexual intercourse with a daughter of one's daughter. 8 Not to take a woman and her daughter in marriage. 9 Not to take a woman and her son's daughter in marriage. 10 Not to take a woman and her daughter's daughter in marriage. 11 Not to have sexual intercourse with a sister of one's father. 12 Not to have sexual intercourse with a sister of one's mother. 13 Not to have sexual intercourse with a wife of one's father's brother. 14 Not to have sexual intercourse with a wife of one's son. 15 Not to have sexual intercourse with a wife of one's brother. 16 Not to have sexual intercourse with a sister of one's wife. 17 Not to lie with a beast. 18 That a woman not bring a beast upon herself. 19 Not to lie with a male. 20 Not to reveal the nakedness of one's father. 21 Not to reveal