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Showing posts with label Rationalists and Mystics. Show all posts
Showing posts with label Rationalists and Mystics. Show all posts

Sunday, 15 December 2019

255) THE 'LOST RELIGION' OF MAIMONIDES:


How Rambam's 'chasidim' may have sung his teachings:

INTRODUCTION:

Many people - including those who have been religious all their lives and even those in positions of religious leadership - are not always aware of just how radical Rambam’s views on religion were.

Yes, some will claim to be expert in a ‘sanitized’ Rambam (1135-1204) through their familiarity with his legal work, the Mishneh Torah which was compiled (around 1170/80) and was directed at the general population - but his deeper, theological and philosophical works, including the Moreh Nevuchim (Guide of the Perplexed, compiled a decade later around 1190)[1] express his personal vision of a Judaism for, what he describes as “people of understanding.”

It is best to use Rambam’s own words to illustrate this theological and intellectual chasm between what he calls the ‘simple masses of the Torah observant ’and those of ‘us’ with ‘understanding’:[2]


My loose translation from Rambam’s later work, Ma’amar Techiyat haMeitim (compiled in 1191), follows:

“Our desire - and the desire of all those intellectual individuals (is to always first try to seek a rational explanation instead of a mystical one).

This is opposite to the common approach of the masses (who prefer a more mystical and literal approach as their first option).

(It is evident that) the most underlying principle held by the masses of Torah observant people - because of their stupidity - is to regard Torah and human logic as mutually exclusive!

These (Torah observant people) take everything which they cannot understand with their logic and (immediately) categorise it as miraculous.

They flee from (any interpretation) which could explain a phenomenon as natural.”

In this article, we shall explore some of Rambam’s profoundly radical views on a Judaism that will seem almost foreign to many.  And we will see how Rambam failed miserably in terms of getting his ideas to be accepted by the mainstream, or even a tributary thereof.


NOTE: The aim of this article is not to suggest any change in the way we perform Halacha or view the spiritual realms but simply to highlight Rambam’s little-known ideas about a religion we think we know. Some of Rambam’s views may shock and upset the sensitive Reader.

I have drawn from the writing of Professor Menachem Kellner who is widely regarded as a specialist in the thought and philosophy of Maimonides.[3]

‘A NATURALIST RELIGION OF RADICAL RESPONSIBILITIES’:

Menachem Kellner describes Rambam’s vision of Judaism as a “remarkably naturalist religion of radical responsibility.” Rambam tried desperately to divert both myth and mystery - which were becoming more and more popular in his time, even half a century before the publication of the Zohar - away from Judaism. 

In his (unpopular) view, the events in the world essentially followed a natural progression without much interference from G-d, and certainly not from the heavenly spheres. Even the messianic era would follow a normative and less miraculous series of events. [See Mashiach – a Natural or Supernatural Event?].

Together with this extremely ‘naturalistic’ (as opposed to mystical and supernatural) position which Rambam took, came a just as stark understanding of the ‘radical responsibility’ that we ourselves carry. There is no mystical theurgy or magic in Rambam’s system upon which one can call to alleviate the ‘cause and effect’ and the subsequent inevitability of reality. In his system, even the events of history are subject to a certain ‘randomness’.

CHARMS AND SEGULOT:

Kellner writes:

“Many of Maimonides’ opponents, in his day and ours, do indeed accept the efficacy of charms and amulets, and fear the harm of demons and the evil eye...

In such a world instructions from God, and contact with the divine in general, must be mediated by a religious elite who alone can see the true reality masked by nature.

This is the opposite of an empowering religion, since it takes their fate out of the hands of Jews, and, in effect, puts it into the hands of rabbis.”

Rambam wanted no share in such a construct of religion that involved any spiritually elite ‘middle-men’ and their ethereal wares.

Yet, Rambam was also an elitist, but of the intellectual kind:

AN ELITIST AND A UNIVERSALIST:

Ironically, Kellner explains that Rambam was “at one and the same time deeply elitist and profoundly universalist.

That Rambam was unashamedly an elitist is clear from the many examples of him completely minimizing what he calls the ‘ignorant’ or ‘stupid religious masses.’ Or, to put it more bluntly, according to Kellner, “the Jewish world in his day was...debased and paganized.

Rambam does not go out of his way to look for synonyms to help him describe the Torah observant community of his day which tried to create a culture of the miraculous and the incredulous. Instead, he tries to create a class of yechidim’ or intellectually and theologically elite thinkers.[4]

That he was a universalist can be seen in the way he downplayed the assumed special uniqueness of a Jew[5] and spoke more about a humankind within a system which had a place for thinking people of all creeds.  [See How Rashi and Rambam Part Ways on the Deepest of Issues.]

THE HOLY TONGUE:

Rabbi Professor Isadore Twersky describes Rambam’s view (controversial to many) that the Hebrew language was not more ‘holy’ than other languages:

“Maimonides’ desacralization of language should be seen as an expression of his consistent
opposition to hypostasized [i.e., to attribute real identity to][6] entities endowed with intrinsic sanctity.”


HOLY ENTITIES:

Again, expressing a surprising view of Rambam with far reaching consequences, Kellner continues:

“Among the entities which Maimonides seeks to ‘de-hypostasize’[i.e., to divest real identity from,][7] are the property of holiness, the Hebrew language, the land of Israel, the people of Israel, the divine glory (kavod ), the divine presence (shekhinah), angels, and sin. 

Consistent with this approach, he seeks to present distinctions fundamental to Judaism, such as holy/profane, ritually pure/ritually impure, permissible/impermissible, and, especially, Jew/Gentile as institutional, sociological, and historical issues, and not as ontological [actual][8] matters.”

In other words, all of these ideas which are usually taken, and taught, as real and actual spiritual truths, are - according to Rambam - not real entities but mere ideas which form, not a spiritual function, but a sociological, historical or institutional function instead.

Many (most) religious people today, understandably, would have a fundamental problem with Rambam’s de-hypostasized and desacralized definition of these concepts.

RELIGIOUS ‘STATUS’:

In more contemporary terms, Kellner gives a common example of where the modern mainstream approach is decidedly anti-Maimonidean: 

Today, newly observant Jews generally (although certainly not exclusively) marry other newly observant Jews. In some Chareidi (so-called ultra-Orthodox) circles it is rare for an established religious person to marry a newly observant person. This is because the newly observant individual was not conceived in ‘purity’. 

In Rambam’s system, however, this would not be an issue as there would be no ontological significance in such cases.

RAMBAM HAS NO HOME TODAY:

People often think that mysticism is synonymous with Chasidism. That is not the case because even the Lithuanian and the non-Chasidic Chareidi world today, have largely adopted the basic ethos of the mystical approach even if they do not profess to be Chasidim or Kabbalists.

Kellner makes the fascinating point that the theological (as opposed to the legal) Rambam has no home, anywhere, within contemporary Judaism:

“...the fact that all contemporary Orthodoxy, hasidic and mitnagdic, is infused with kabbalistic motifs makes it clear beyond the need of demonstration that Maimonides’ ‘de-hypostasization’ [i.e., desanctification] of these notions has few echoes in contemporary Judaism”

And not only is this true of Orthodoxy, but fascinatingly:

“...there seems to be no substantial distinction between Orthodoxy on the one hand, and Conservative, Reform, Reconstructionist, and New Age Judaism on the other; all have enthusiastically adopted kabbalistic motifs.”

A DISDAIN FOR ‘METAPHYSICAL CLUTTER’:

For Rambam, the greatest theological divide exists between mysticism and rationalism.[9]
When Rambam confronts G-d, he goes silent. G-d is transcendent and truly a pure, single unknowable entity.[10]

On the other hand, when the mystics confront G-d, they wax lyrical with constructs of complicated hierarchies of energies; with sefirot and attributes, with fallen sparks that require uplifting , with the divisions of ‘before’ and ‘after’ the creation and with tzimtzumim (contractions) which co-exist with the notion of the Infinite Ain Sof.

For Rambam the space between man and G-d was clear, clean and uncluttered. There were no angels [See Angels in Rabbinic Literature.] or demons or evil eyes or predestiny[11] [See A Leaf Falls From a Tree], and G-d was indeed incorporeal [See The Notion that G-d has a Body.]

Anthony Julius, put this very aptly when he said that Rambam sought to “depopulate” the heavens.

THE ZOHAR AND THE GUIDE IN THE SAME RELIGION?

While, as mentioned earlier, although Rambam would not have known about the Zohar as it hadn’t yet been published, Kellner writes:

“The world of the Zohar is so unlike that of Maimonides that at times it appears impossible that it and Maimonides’ Guide of the Perplexed should both be accepted as authoritative in the same religious tradition.”[12]

A ‘TRAGIC FIGURE’:

Moshe Idel, ironically, describes Rambam - known as the Great Eagle and usually regarded as the dominating and powerful giant of the mind - in a rather tragic way: He explains that Rambam crystallized and formulated his rational views, in opposition to the popular and rising mystical trends within the Jewish world during his time.

Yet, ironically, his rationalism unleashed such a wave of opposition and push-back that it caused the very mysticism he sought to undermine, to emerge even more powerfully; and flourish to the extent that it became and remained the mainstream of future Judaism even to this day, eight hundred years later. This appears to have occurred, not despite Rambam, but tragically because of him.

This series of events relegated “Maimonideanism to the status of a largely ignored backwater.”

MORE RADICAL THAN THE HIRSCHIAN MODEL OF TORAH IM DERECH ERETZ:

Rambam raised the value of secular science and physics to the level of Torah study and even to the realm of the metaphysical.

R. Shimshon Refael Hirsch (1808-1888) was the founder of the Modern Orthodox movement which espoused a ‘modern’ philosophy of Torah Im derech Eretz which sought to combine Torah and secular studies. This, as opposed to the ultra-Orthodox movement which was founded in 1865 and which only permitted Torah study and nothing else. [See The Reforms of the Ultra-Orthodox.]

R. Hirsch was regarded as an outlier for his desire to include secular wisdom together with Torah knowledge in the study curriculum, and he was severely criticised for that.

The interesting thing is that Rambam had a far more radical position to that of R. Hirsch:

After considered analysis Kellner explains that according to Rambam:

“...God is ‘author’ of two books—one called cosmos and the other called Torah. For Maimonides (and Gersonides after him), one who wishes to know God must ‘read’ God’s entire oeuvre [library][13]; this can only be done if one combines study of Torah with study of science.”

This is something that Rambam himself clearly writes in his explanation as to why the Torah begins with the creation narrative instead of going straight into the biblical religious laws. He calls religious laws ‘divine science’ and physics ‘natural science’:

“...divine science cannot become actual except after a study of natural science [al-ilm al-tibai].

This is so since natural science borders on divine science [al-‘ilm al-ilahi], and its study precedes that of divine science...

Hence God... caused His book to open with the “Account of the Beginning,” which, as we have made clear, is natural science.”[14]

Thus, in Rambam’s view, the Torah opens with the creation narrative to teach that the path to G-d must begin with an understanding of the role of physical science (al-ilm al-tibai) as a precondition to religious study or divine science (al-‘ilm al-ilahi).

THE FIRST COMMANDMENT:

There are different rabbinic models as to how to count the 613 commandments. According to Rambam, the first commandment in the Torah is not to be fruitful and multiply but to know G-d exists. One can only know G-d exists, according to Rambam, by studying his ‘book’ of the cosmos, which, according to Rambam, is science.

This view will hardly resonate practically with anyone within our religious establishments today, other than perhaps a vague attribution to it through lip service.

In Kellner’s words:

“...Maimonides’ position is much more radical than any put forward in modernity. That being the case, it should come as no surprise that it has few, if any adherents today.

Indeed, it is rarely recognized for what it is...”

If I understand Kellner correctly, Rambam’s wrote his Mishneh Torah as a summary of the entire Talmud, to free up time for the student to also get involved with the study of science as part of the Torah study programme.

This is one step even beyond the ‘Torah and Science’ model because now the science and the physics becomes part of the Torah itself.

“Maimonides wrote the Mishneh Torah as part of an attempted curricular reform, one which
would have brought into the Talmudic academy the study of science.

Did he succeed in this reform? I do not believe that there is today or has ever been a single yeshiva or rabbinical seminary in the world operating on these principles.”

It is interesting to note that the Yemenite Maimonidean scholar, R. Yosef Kapach (d. 2000) wanted science to be a part of Limudei Kodesh (religious studies) in modern-day Israel. In fact, according to R. Kapach, the study of science was to be considered a positive commandment of the Torah, because, in his view, it brings one closer to an appreciation of the First Mover. [See R. Yosef Kapach – The Suppression of a Rationalist Tradition?]

HOW MAIMONIDES GETS SANITIZED:

Kellner shows how, in his view, some of the leading rabbis of modern times often do not allow for full expression of Rambam’s worldview.  

A case in point is the esteemed Rabbi Aharon Kotler[15] (1890-1962) who is best known for creating[16], in 1943, the full-time Torah learning system, the Kollel (where married men are paid to study Torah all day) in Lakewood, America.

Rambam writes in (as it happens, the exact mid-point of) his Mishneh Torah that not only was the tribe of Levi consecrated as the priestly tribe and dedicated to the work of the Holy of Holies, but also ‘each and every individual human being’[17] could personally rise to such equivalent levels as well.

The expression each and every individual human being (kol ba’ei olam) is always used to refer to all peoples, not just Jews.

This idea played out in the Tannaic debate between the school of Rabbi Akiva, who maintained that the Torah was revealed to the Jews alone; and the school of Rabbi Yishmael, who insisted that the Torah was also given to kol baei olam, ‘each and every individual human being,’ i.e., to non-Jews as well.

Rambam, following along similar lines to R. Yishmael, is expressing his view that not just Jews but any person of noble statue can attain the level of ‘holy of holies.’ This idea fits well with Rambam’s other statements to the effect that worthy non-Jews can attain just as holy levels as worthy Jews.

That being said, R. Aharon Kotler somehow insisted on interpreting the expression each and every individual human being, in Rambam’s text above, as referring only to ha benei Torah the Torah scholars who only study Torah and nothing else. These exclusive Torah scholars, R. Kotler claimed, are the group Rambam was referring to who were likened to the elevated status of the tribe of Levi!

And, he continued using Rambam as his support text, just like the tribe of Levi did not work but was supported by the nation, now (in 1943) the full-time Kollel students would have to be supported by the charity of other Jews who worked and did not study full-time in the Kollel system.

In insisting on this interpretation, R. Kotler also reworked another well-known (but just as contentious) principle of Rambam that Torah scholars should not be paid by members of the community.[18]

Rambam actually wrote:

“One who makes up his mind to study Torah and not work but live on charity, profanes the name of God, brings the Torah into contempt, extinguishes the light of religion, brings evil upon himself and deprives himself of life hereafter….The end of such a person will be that he will rob his fellow creatures.”[19] 

Yet, despite this, R. Kotler turned Rambam into a modern Chareidi leader who encouraged full-time Kollel students to live off charity.

Kellner sums this up as follows:

“This is stunning; Rabbi Kotler turns Maimonides inside out. The man who...wanted advanced yeshiva students to study science, and the man notorious for his objection
to the practice of paying individuals to study Torah, is transformed into a major prop for an institution, the kollel (an institute for the subsidized study of Talmud by married men), which he [Rambam][20] would have had to oppose!...

Rabbi Kotler has done two things to Maimonides here: turned the referent of our passage from all human beings to some Jews, and found a way to draft Maimonides’ support for the kind of institution which he himself created.”

Kellner makes it clear that he does not believe that R. Aharon Kotler purposely misrepresented Rambam, but even more alarmingly, it shows how:

“Maimonides’ views were not understood, let alone adopted.

The hardwired particularism of Halevi, Kabbalah, Maharal and Hasidism has become so much part of the warp and woof of yeshiva Orthodoxy in the last century that only a rare product of that world can read what Maimonides actually wrote, without seeking to force him into the accepted matrix.

CONCLUSION:

Rambam’s views are so radical yet little-known and perhaps, intentionally, well-hidden. They turn many of our important mainstream concepts - which most take for granted as being essential elements of Jewish faith - absolutely on their heads. Recognizing this, Kellner observes: 

“If...Maimonides’ overall aim in his writings was...the use of philosophy to purify what he held to be a corrupted and paganized Torah, then he must be adjudged one of great failures in Jewish history.”

Kellner is correct because if Rambam intended to get this message out to the masses, he was an outright failure in this regard. And even if he directed these ideas towards his imagined ‘elite’ group of 'yechidim', then that group was so small and voiceless as to be rendered non-existent to the extent that it was drowned by the floodwaters of mainstream mysticism.

There are so many areas of religious life today that are extremely popular and most people assume these practices have always been part of the uncontested fabric of Judaism. These include the notion of visiting graves, using mezuzot as talismans against tragedy, singing Shalom Aleichem to angels on Friday nights[21], and the professionalization of the rabbinate to mention just a few.

Again, to be absolutely clear, this is not to suggest that these mystical practices, beliefs and protocols should or should not be disbanded, but this does show how Rambam’s view of religion certainly did not take root within popular Judaism.

It is likely that Rambam never intended for his views to become mainstream, but it is unlikely that he imagined his views to vanish almost entirely from Jewish practice, to essentially become a ‘lost religion’.

It is in this sense that one might say that to the delight of the many and the disappointment of the few, Rambam’s model of Judaism turned out to be the grandest practical failure in rabbinic history.




[1] One would also include Rambam’s Iggeret or Ma’amar Techiyat haMeitim, which he wrote in 1191 in response to the Gaon Ali of Baghdad, who had accused Rambam of not believing in the Revival of the Dead. It is a fair assumption that each subsequent work in time expressed Rambam’s deeper and more personalised thoughts.
[2] Ma’amar Techiyat haMeitim 370
[3] Maimonides’ Disputed Legacy, by Menachem Kellner.
[4] It is so interesting to see how modern Chasidim take a very similar approach and have also developed a degree of, not rational but mystical elitism:
When R. Shneur Zalman of Liadi, the first Chabad Rebbe was released from prison, he demanded that Chasidim act humbly as a result of the victory of his release, and not look down or sneer at the opponents of Chasidut.
Generations, later, the Frerdiker Rebbe added; that means even a sneer of Kedusha or holiness, meaning looking down on someone because you are privileged to be following a more sophisticated path in the service of Hashem.
[5] Kellner explains this to mean: “Maimonides can fairly be said to have maintained that the election of Israel was not a fact built into the universe or its history from creation, but, rather, a consequence of the fact that Abraham was the first person to rediscover God.” (See link for more elaboration on this.)
[6] Parenthesis mine.
[7] Parenthesis mine.
[8] Parenthesis mine.
[10] Rambam also maintained that one cannot change G-d’s mind through supplications and prayer. He amended the Talmudic statement which said ‘just like He is merciful so shall you be merciful’ to rather read ‘called merciful’ as he refused to engage in detailed speculation on matters concerning G-d.
[11] In the way in which these ideas are normally expressed.
[12] Not everyone holds this position, as there are also kabbalistic commentaries on the Zohar.
[13] Parenthesis mine.
[14] Guide I, Pines (Chicago 1963), p.9.
[15] See Mishnat Rabbi Aharon (Lakewood 1992), vol. 3, p. 147.
[16] See here.
[17] The full text reads:
“Not only the Tribe of Levi, but each and every individual human being, whose spirit moves him and whose knowledge gives him understanding to set himself apart in order to stand before the Lord, to serve Him, to worship Him, and to know Him, who walks upright as God created him to do, and releases himself from the yoke of the many foolish considerations which trouble people—such an individual is as consecrated as the Holy of Holies, and his portion and inheritance shall be in the Lord forever and ever. The Lord will grant him adequate sustenance in this world, the same as He had granted to the priests and to the Levites.” (Laws of Sabbatical Year and Jubilee, 13:12-13).
[18] See Rambam’s commentary to M. Avot IV.6.  
[19] Laws of Torah Study, 3:1.
[20] Parenthesis mine.
[21] And Machnisei Rachamim at the end of the Selichot service.

Sunday, 23 June 2019

231) THE SEARCH FOR THE MOST ACCURATE MAIMONIDEAN TEXTS:

A manuscript dated 13-15th C from the R. Yosef Kapach collection donated to the Israel National Library.

INTRODUCTION:

Rabbi Yosef Kapach (1917-2000), widely considered to have been a world expert in Maimonidean texts, fascinatingly describes how he searched for and collected fragments of old texts - and how, after years of research, he eventually reconstructed what are probably the most accurate versions of Rambam’s texts today.

R. Yosef Kapach 1917-2000.

Most of R. Yosef Kapach’s scholarship has not been translated and is therefore inaccessible to the English speaking world.

This article offers a glimpse into the stories behind the discoveries of some of these old texts which could so easily have been lost forever had it not been for the adventurous detective work and relentless determination of  a Yemenite ‘Indiana Jones’ duo - R. Yosef and his grandfather R. Yichya Kapach.

The grandfather, R. Yichya Qafich (Kapach).

BACKGROUND TO R. YOSEF KAPACH:

At an early age, the young Yosef lost both his father and mother and he was raised by his grandfather, R. Yichya Kapach (or Qafich) who was a leader of the Yemenite rationalist school known as the Talmidei haRambam[1], or Students of Rambam.


R. Yichya then passed away when Yosef was only 14 years old and although only a teenager, he inherited his grandfather’s rabbinic leadership position.

One day, the young R. Yosef and two other friends went to visit the gravesite of his grandfather R. Yichya. Somehow they were arrested and accused of burning the gravesite of one of R. Yichya’s rivals, who represented the opposing camp of Jewish mystics. The Yemenite rationalists and mystics were separated by some intense rivalry and conflict.

After being arrested, it was soon discovered that R. Yosef was technically an orphan and under the Orphans Decree of the Islamic State, he was declared to be a ward of the state and therefore subject to conversion to Islam. A magnanimous Imam[2] stepped in and suggested that in order to bypass the conversion, a bride should be sought for R. Yosef.

The King’s physician, Yichye al-Abyadh, who also happened to be a rabbi, arranged a wedding between Bracha Saleh and R. Yosef and all was good.

Bracha Kapach 1922-2013.
RIVALRY BETWEEN YEMENITE MYSTICS AND RATIONALISTS:

The rivalry between the Yemenite mystics and rationalists was very real. When R. Yichya was still alive, he went so far as to teach that the Zohar was a forgery which even contained aspects of idolatry! He referred to those steeped in mystical traditions as ‘ikshim’ or ‘people who withhold knowledge from their contemporaries’.

It has been said that his grandson, R. Yosef, later distanced himself from such an extreme anti-mystical stance after he, in 1943, immigrated to Mandatory Palestine, and joined Merkaz haRav Yeshiva (founded by Rav Kook) and later became a Judge on the Supreme Rabbinical Court of Israel.
In any event, he never backed down from his belief that it was still preferable to draw spiritual sustenance from Rambam than from elsewhere.

HOW THE OLDEST MISHNA COMMENTARY WAS RETRIEVED:

Back in Yemen in 1927, a young Yosef Kapach assisted his grandfather to discover and retrieve the oldest existing Mishna commentary (encompassing all Six Orders) from a Geniza in Sana’a. This commentary was written by the early Rishon, Rabbeinu Natan Av haYeshiva (d. 1051). Rabbeinu Natan represented an unbroken Palestinian tradition (as opposed to the Babylonian tradition) on the meanings and nuances of disputed words. Rabbeinu Natan wrote in Judeo-Arabic and it was R. Yosef Kapach who translated this definitive work into Hebrew in the late 1950s.[3]

This is the story of the discovery of the lost text:

In the surrounding Yemenite villages where R. Kapach grew up, the Geniza was often situated in a vault under the Ark. A Geniza is a temporary storage area in a synagogue for old and worn texts. The material remains in the Geniza until a sufficient quantity of stock is amassed, at which point it is retrieved and buried in a Jewish cemetery. This practice was and still is observed in synagogues around the world. Fortunately, for historians and those interested in the preservation of accurate texts, these collections of ‘sacred trash[4] were sometimes never buried, and remained to be discovered later.


In Yemen, the old texts and books were respectfully placed in large earthenware jars or containers just before they were placed in the ground.  Sometimes texts were assigned to the Geniza without any appreciation of their rarity or value. And sometimes the gravediggers were too lazy to dig deep holes to bury the jars. 

This meant that after the rainy seasons, the tops of the jars would become exposed.
R. Kapach’s grandfather instructed the caretakers of the cemetery to inform him whenever these jars appeared. One Thursday evening, when Yosef was about ten years old, the caretaker came to tell his grandfather that one such jar had surfaced. The next morning the two of them went to investigate. Because his grandfather was over eighty years old at the time and had difficulty in bending down, the young boy was assigned the task of opening the jar. Inside he found a stash of moist and muddy papers which he eagerly gathered and the two returned home to prepare for Shabbat.

After Shabbat the painstaking task began of separating the moist pages which were stuck together. The documents turned out to be fragments of Rambam’s Guide for the Perplexed, extracts from Rav Saadia Gaon, Midrash haGadol, and Mishna commentaries.

But the greatest find was an old hand-written book with all the pages stuck to each other. Together, grandfather and grandson soaked the papers in clean water making sure the writing would not be damaged further.

R. Yosef Kapach writes:

“I still remember how the pages were strewn across the entire room of my grandfather's workshop...so that they could dry...
This book was the only surviving sort of its kind in the world, which, had it not been for this action, it would have been lost to the world. The book was missing a few pages... but the remainder of the book, to our delight, was found altogether complete, from beginning to end."

Because of this remarkable find, we now have a copy of the oldest commentary on the Mishna, and the lost writings of Rabbeinu Natan Av haYeshiva have seen the light of day again.

But that was not his only important find:

HOW THE MOST ACCURATE VERSION OF MISHNEH TORAH WAS RECONSTRUCTED:

What follows is a brief digest of the twenty-page Introduction to R. Yosef Kapach’s 24 volume[5] edition of Mishneh Torah. I have drawn extensively from a presentation of the Introduction by Michael J. Bohnen.[6]

STUDYING IN THE ORIGINAL ARABIC:

R. Yosef Kapach writes that he was raised with a great love for two special ‘princes’ of Israel, namely Rav Saadia Gaon and Rambam. His Gemara study was strongly biased towards the interpretation and understanding of Rambam.

He had one great advantage as a native of Yemen, and that was that he could read and understand the Rambam’s Commentary on the Mishna in the original Arabic. His early schooling was grounded in the study of many classical texts which were originally written in Arabic.

In Yemen, young children were often employed as copyists of ancient fragments of texts which were still quite commonplace at that time, and when he was just thirteen years old, he had already completed a copy of Rambam’s Guide for the Perplexed in Judeo-Arabic (Arabic in Hebrew characters).

VARIANT TEXTS:

His grandfather R. Yichya and his teachers did something few would or could do today, and that was to offer the possibility of any number of variant readings of different texts to the students. This sparked a spirit of textual adventure within the young Yosef and it never left him.

STUDYING FROM MANUSCRIPTS:

He describes how, while most of his fellow students studied Mishneh Torah with the aid of printed books, his grandfather taught him from manuscripts which were several centuries old. He soon realized that in the manuscripts:

 Almost every halacha had annotations with variant readings.”

TWO TYPES OF MAIMONIDEAN TEXTS:

The debates in his grandfather’s house with other scholars over the variant readings were constant and unending. Yet they were happier to study the variant manuscript texts over the printed versions which were clearly regarded an immensely inaccurate:

The errors and deficiencies of the printed texts were well known...
 These matters were inscribed on my heart, and I grew up with the assumption that there were two types of Maimonides texts in the world: that of the Yemenite manuscripts and that of the printed book.

THE YEMENITE MAIMONIDEAN TRADITION:

He was proud of the Yemenite tradition to always uphold the integrity and accuracy of Maimonidean texts.

Even during the lifetime of Rambam, the Jews of Yemen sent expert copyists to Egypt to ensure they produced accurate texts and they would regularly return to Egypt to include any changes or updates as were necessary.

This is backed up by historical evidence that many of the corrections and emendations which Rambam himself made after completing his works and which are not found in the printed texts, are indeed to be found in the Yemenite manuscripts.

Regarding the Yemenite copyists:

“[T]hey never amended any book based on reasoning, and no emendation or variant reading was suggested unless it appeared in the ancient manuscripts.

‘SEVERE EDITING BY THE PRINTERS’:

R. Kapach emphasises that very few of Rambam’s own corrections to his works ever made it to the printers. The corrections which Rambam had made were often added by himself in the margins of his own manuscripts. Sometimes the printers inserted some of these corrections in the wrong places using their ‘logic’ to present them as part of unrelated texts. Other times they would just be ignored.

The Mishneh Torah was subjected to severe editing by the printers, and various editors...made emendations of style, language, the structure of sentences and the division of halachot...”

‘HARDLY ANY HALACHA THAT HAS NOT BEEN EMENDED’ BY THE EDITORS:

The Mishneh Torah was heavily edited, to the extent that there is hardly any halacha that has not been emended.

I know of no other book that was so severely emended, and the reason is clear. There was no other book that so widely and rapidly disseminated in many countries, and in particular in the "lands of the east." This distribution and dissemination was in manuscript form, so that everyone had a hand in it....

[E]very third or fourth rate scholar who thought himself capable of doing so, would presume to try his hand at making emendations and corrections according to his own understanding.”

[For more on extreme editing and emendation see And What Does Rashi Say?]

NEWLY DISCOVERED TEXTS ARE NOT ‘OUTSIDE OF THE MESORA’:

R. Kapach points out that, in his view, the use and consideration of newly discovered ancient texts was vital to the accurate transmission of the Mesora, or Torah transmission process.

This view is at variance with many of our contemporary rabbis who would frown upon such practices because they would regard these old texts as being ‘outside of the Mesora’ since they were lost to the official cannon of the tradition.


However, these Yemenites maintained that they had learned the imperative and permissibility of using ‘lost texts’ from their master, the Rambam himself.

Rambam engaged in deliberately searching for the most ancient texts he could find to better his research and even to make changes to accepted existing texts. Rambam wrote:

"[A]nd I have already examined the variant texts, … and I have in Egypt an excerpt of an old Gemara written on parchment in the manner in which they wrote over 500 years ago."[7]

ERASING MAIMONIDES AND INSERTION OF ALTERNATIVE READINGS:

“Also, there were truly great scholars who expressed their opinion here and there as a result of a difficult issue raised by the words of Maimonides, and they suggested an alternative reading. They never even thought of changing the text of the book, but others after them did erase the words of Maimonides and insert the alternative reading proposed by the earlier scholars, thereby distorting the meaning and purpose of Maimonides.

RAMBAM HAD NO CONTROL OVER HIS PUBLICATIONS:

R. Kapach then makes the interesting point that a work like the Shulchan Aruch - which was printed and disseminated during the lifetime of its author, R. Yosef Karo (1488-1575) - was not subjected to “assaults” on the text because there was oversight and tight control by the author and his agents.
This was not the case with Rambam who lived long before the printing press and to complicate matters even more, his works were hand copied by many copyists and disseminated very widely and very rapidly.

STEALING OF ANCIENT TEXTS:

R. Kapach relates that he left Yemen with all his research and text material with him, but sadly a great portion of it was stolen upon his arrival in the Holy Land!

This was not an uncommon occurrence when Yemenites and Jews from North African countries arrived in Israel in the early days of the State. [See The Aleppo Codex.]

THE TEXTS AT ANY COST:

R. Kapach writes about how his father and grandfather spared no effort or expense to secure authentic manuscripts, sometimes even single pages, and paid agents to scour the various Genizas and other sources to obtain these texts.

The following is an extract from a letter his grandfather had written to his student who he heard was passing through a village called Kirya:

“[A certain] Salam Kalif [who was in charge of the synagogue with the genizas] said he would open [the genizas] and remove what was desired and reseal the genizas. Therefore please make an effort to collect what you can find from the pages of the Mishnah in Arabic and the Mishnah Torah manuscripts and pay the person who reseals the geniza and write a check on our account for whatever you expend...

Do not fail in this matter. Pay the person to open the geniza and gather the pages in whatever condition you find them in, even if torn, and don’t worry about the cost of the opening, closing or the time for resealing the geniza. We will pay the full cost immediately...

Even torn pages of the Mishnah should not be left behind, but take them, and even half and quarter pages, and continue to search in the geniza under the hall, in addition to the two that are sealed. Try hard and don’t worry about the dirt and dust, and even pay the person who removes the pages and gather them. Don’t be lazy.”

NO EXPLANATIONS NECESSARY ONLY COMPREHENSION:

R. Kapach notes that often commentators spent much time on complicated explanations and pilpul (technical arguments) when they explained Rambam’s words. However, with the correct texts, a simple change of a sentence, word or even a letter, would resolve the matter. Sometimes the Hebrew letter Mem Sofit, become a Hei with the just two spaces and the problem is solved. He quotes a profound observation of a Yemenite elder:

"[T]he words of Maimonides need no explanation, simply comprehension."

As to why Rambam did not engage in the age-old rabbinic custom of argument and discussion, R. Kapach writes:

“This is the rationale and reason that Maimonides did not write in his great work ‘some say this and some say that’ except in a very few places that can be counted by a child. According to his opinion, this approach would have taken us back to the days of creation, and not just to the status of a ‘nation without a true book’ but even the level and science of learning is diminished.”

NO NEED TO READ ANY OTHER HALACHIC WORK:

Rambam is regarded by some as having been quite controversial for his statement:

“My goal in this work is brevity with completeness – so that the reader might encompass all that is found in the Mishnah and Talmud...

In short, outside this work there was to be no need after the Torah for another book to learn anything whatsoever that is required in the whole Torah, whether it be a law of the Torah or of the rabbis.”[8]

This prompted responses like the following from the Rosh (Rabbeinu Asher 1250-1327):

“All who issue rulings from the words of Maimonides who are not expert enough in Mishnah and Gemara to know from where Maimonides derives his statements, will err in permitting the prohibited and prohibiting the permitted, because each reader thinks he understands it, but he doesn’t. If he doesn’t understand Mishnah and Gemara and does not understand how to confirm and verify a statement, he will stumble in the law and its application. Therefore no one should rely on his reading of the Mishneh Torah to rule on matters unless he finds a proof text in the Gemara.”[9]

However, this prompted counter-responses in defence of a plain reading of Rambam to inform practical Halacha, like that of R. Chaim ben Attar[10]:

“If you would disagree with the words of Maimonides which mention only the halacha, I have already written in several places that Maimonides expected that people would issue rulings based on his book without any need to review the Talmud, and you should remember this principle.”

And in another place he similarly wrote[11] 

Maimonides expected the student of his book to understand matters based exclusively on what he wrote.”

Not surprisingly, in support of Rambam’s Mishneh Torah remaining a standard from which to determine practical Halacha, R. Kapach wrote:

It is clear that the method of Maimonides is a standard for the whole world to use, except for the [times when there was a][12] single leading scholar of a generation.
That time has passed when we had a single leading scholar of a generation. Today, when we have many single leading scholars of the generation... according to the decision and ruling of the Kesef Mishneh, we should rely only on Maimonides.”

There was an agreement in Toledo that no one should rule in any matter against Rambam.[13] The same applied in Castile and in Tunis.

R. Avraham Zacuto wrote:  

When the Mishneh Torah was published and distributed in all of the Diaspora, all Israel agreed to follow it and to act according to it in all laws of the Torah.[14]

This last point is an interesting one because the argument usually goes that the reason why we accepted the Babylonian Talmud over the Jerusalem Talmud is that ‘all Israel agree to follow it’.

And the reason why we follow R. Yosef Karo’s Shulchan Aruch over the Mishneh Torah of Rambam is also that ‘all Israel agree to follow it’.

And here we see, historically, that after Rambam wrote his magnum opus ‘all Israel agree to follow it’ – yet for some reason it was nevertheless superseded by another code.



-----------------------


[1]This movement was later to be known as Dor De’ah.
[2] Yahya Muhammad Hamid ed-Din.
[3] Published by El haMekorot.
[4] After the book entitled
Sacred Trash by Adina Hoffman and Peter Cole.
[5] Posthumously divided into 25 volumes. 
[6] Introduction of Rabbi Yosef Kapach to his edition of Moses Maimonides’ Mishneh Torah, translated by Michael J. Bohnen.
[7] Laws of Lender and Borrower, ch 15.
[8] Introduction to Sefer haMitzvot.
[9] Responsa 31,9.
[10] Chidushim on Berachot 60.
[11] Chidushim on Sukkah 12.
[12] Parenthesis mine.
[13] Y. Baer, History of the Jews in Christian Spain, page 955.
[14] Sefer Yuchasin, p.122.
[15] Bava Kama p. 1, note 1.



ADDITIONAL IDEAS:



A DIFFERENT TAKE ON RABAD’S DISSENTION:



R. Kapach offers an interesting explanation for why Rabad (R. Avraham ben David 1125-1198) was always opposing the views as put forward by Rambam to the extent that he often seems to be Rambam’s nemesis. He suggests that Rabad didn’t necessarily oppose Rambam because he always differed with him, but rather to use every opportunity he could to show that there was another way of looking at the matter at hand:

“It seems to me that we should not assume that Rabad agreed where he was silent or that he disagreed where he commented, but rather that he was disclosing to the reader the existence of another opinion.

What Rabad wrote should not be considered his view or decision, except in the case of his responsa which are applied halacha, and in his hidushim on the Talmud, but not his hassagot in opposition to Maimonides...”

He brings a support for his views based on R. Atlas’ commentary on Rabad[15] where he notes several places where the opinion of Rabad in his Hasagot contradicts his opinion in his commentary. R. Atlas believed that Rabad changed his mind regarding the Hasagot.

However, R. Kapach disagrees with R. Atlas because if that were true, then Rabad would have erased or corrected his Hasagot, and we would have had different versions of the Hassagot – the original ones and the corrected ones:

“But we have found none. Therefore it seems clear to me that he did not intend to express his own opinion in the hassagot.”

VAST BACKGROUND STUDY:

There are so many commentaries on Rambam that R. Kapach decided it prudent to become familiar with each one but set a realistic goal of studying (only!) 300 works:

“And so I began my work, reading one at a time... I had no staff of assistants, no company of workers, no group of researchers, no assembly of editors, no team of proofreaders, and no secretaries... therefore the work took longer than I originally estimated. Before I reached my goal of 300 works (I was still short by about 25), I realized that I was no longer young... and...I decided to stop at that point, to organize and publish what I had completed...

As the ancients said, when an idea is born in this world, it does not remain unfulfilled, but it travels through space until it finds an incubator in which to develop, it grows skin and muscle and becomes a reality. I hope that others will complete the work, if not in my way, then in theirs.

I will not hold back photographic copies of any of the manuscripts in my possession that can be used for editing the books of Maimonides...Except for the dozens of isolated very ancient folios, pages and half pages covering all parts of the Mishneh Torah, which are close to disintegration and can’t be passed from hand to hand.”