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Mishneh Torah
by Maimonides, translated from Hebrew by Wikisource

Introduction

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676563Mishneh Torah — IntroductionMaimonides

Introduction of Maimonides, of blessed memory

Then I shall not be ashamed, when I have regard unto all Your commandments.

All of the commandments that were given to Moses at Sinai were given with their meanings, as it says: "And I will give you the Stone Tablets and the Torah and the commandments". "The Torah" refers to the Written Torah, and "the commandments" refers to its explanations. And He commanded us to fulfill the "Torah" based on the "commandments". And these "commandments" are what are called the Oral Law. The entire Torah was written by our teacher Moses before he died, in his handwriting. And he gave one copy of the Torah to each tribe and placed one copy in the Ark for a witness; as it says: "Take this Torah scroll and place it" etc. And he did not write down the "commandment" which is the explanation of the Torah. Rather he instructed it to the elders and to Joshua and to the rest of the entirety of Israel, as it says: "The entire matter which I command you, that you shall be careful to fulfill" etc. And therefore, it is called "the Oral Torah". Although the Oral Torah was not written down, our teacher Moses taught it in its entirety in his court to seventy elders; and Eleazar and Pinchas and Joshua, the three of them received it from Moses. And our teacher Moses passed down the Oral Torah to his student Joshua and commanded him on it; and Joshua also taught it orally for his entire life. And many elders received it from Joshua. And Eli received it from the elders and from Pinchas. And Samuel received it from Eli and his Court. And David received it from Samuel and his Court.

Criticism of Rabbi Abraham ben David

*And Ahijah the Shilonite etc. Said Abraham: This is not correct. Rather, Ahijah the Shilonite was from the Court of David.*And Ahijah the Shilonite was from those who left Egypt, and he was a Levite, and he heard from Moses, and he was young in the days of Moses, and he received it from David and his Court. And Elijah received it from Ahijah the Shilonite and his Court. And Elisha received it from Elijah and his Court. And Jehoiada the Priest received it from Elisha and his Court. And Zechariah received it from Jehoiada and his Court. And Hosea received it from Zechariah and his Court. And Amos received it from Hosea and his Court. And Isaiah received it from Amos and his Court. And Micah received it from Isaiah and his Court. And Joel received it from Micah and his Court. And Nahum received it from Joel and his Court. And Habakkuk received it from Nahum and his Court. And Zephaniah received it from Habakkuk and his Court. And Jeremiah received it from Zephaniah and his Court. And Baruch ben Neriah received it from Jeremiah and his Court. And Ezra and his Court received it from Baruch ben Neriah and his Court. The Court of Ezra are those who are called The Men of the Great Assembly, and they are: Haggai, Zechariah and Malachi, Daniel and Hananiah and Mishael and Azariah and Nehemiah ben Hachaliah and Mordecai Bilshan and Zerubbabel and many sages with them, comprising one hundred and twenty elders. The last one of them is Simeon the Just and he was included in the one hundred and twenty. And he received the Oral Torah from all of them. And he was a High Priest after Ezra. Antigonus of Sokho and his Court received it from Simeon the Just and his Court. And Jose ben Joezer of Zeredah and Joseph ben Jochanan of Jerusalem and their Court received it from Antigonus and his Court. And Joshua ben Perachiah and Nittai of Arbela and their Court received it from Jose ben Joezer and Joseph ben Jochanan and their Court. And Judah ben Tabbai and Simeon ben Shetach and their Court received it from Joshua ben Perachiah and Nittai of Arbela and their Court. Shmaya and Abtalion, the righteous converts, and their Court, received it from Judah and Simeon and their Court. Hillel and Shammai and their Court received it from Shmaya and Abtalion and their Court. And Rabbi Yohanan ben Zakkai and Rabbi Simeon son of Hillel the Elder received it from Hillel [and Shammai] and his Court. Rabbi Yohanan ben Zakkai had five students and they are the greatest of the Sages who received it from him. And they are: Rabbi Eliezer the Great and Rabbi Joshua and Rabbi Jose haKohen and Rabbi Simeon ben Nethaneel and Rabbi Eleazar ben Arach. And Rabbi Akiva ben Yosef received it from Rabbi Eliezer the Great. And Yosef, his father, was a righteous convert. And Rabbi Ishmael and Rabbi Meir, son of a righteous convert, received it from Rabbi Akiva. And Rabbi Meir and his colleagues also received it from Rabbi Ishmael. The colleagues of Rabbi Meir are: Rabbi Judah and Rabbi Yose and Rabbi Shimon and Rabbi Nehemiah and Rabbi Eleazar ben Shammua and Rabbi Johanan HaSandlar and Simeon ben Azzai and Rabbi Hananiah ben Teradion. And the colleagues of Rabbi Akiva also received it from Rabbi Eliezer the Great. And the colleagues of Rabbi Akiva are: Rabbi Tarfon, the teacher of Rabbi Jose the Galelian, and Rabbi Simeon ben Eleazar and Rabbi Johanan ben Nuri. Rabbi Gamaliel the Elder received it from Rabbi Simeon his father, the son of Hillel the Elder. And Rabbi Simeon his son received it from him. And Rabbi Gamaliel his son received it from him. And Rabbi Simeon his son received it from him. And Rabbi Judah the son of Rabbi Simeon – he is who's called Rabbenu HaQadosh; and he received it from his father and from Rabbi Eleazar ben Shammua and from Rabbi Shimon his colleagues. Rabbenu HaQadosh compiled the Mishnah. And from the days of our teacher Moses, and until Rabbenu HaQadosh, they did not compile a compilation to be taught in public in the Oral Torah. But in each and every generation, the Head of Court or prophet who was in that generation writes for himself from memory that what he heard from his teachers, and he teaches by heart to the public. And likewise does each and every one write for himself according to his strength of the explanation of the Torah and of its laws as what he heard, and from new things that were developed in each and every generation in laws that they did not learn by hearing but through one the thirteen rules, and on which the Great Court agreed. And so it was constantly until Rabbenu HaQadosh. And he compiled all of what was heard and all of the laws and all of the explanations and the commentaries that they heard since our teacher Moses, and which the Court of each and every generation learnt in the whole Torah, and he compiled from all of it the book of the Mishnah, and he taught it to the sages in public, and it was revealed to all of Israel, and they all wrote it down, and he disseminated it all over, so that the Oral Torah should not be forgotten from Israel. And why did Rabbenu HaQadosh do so, and did not leave the matter like it was? Because he saw that the students keep on decreasing, and new tragedies keep on coming, and the Kingdom of Rome is spreading out in the world and getting strong, and Israel keeps on rolling to the ends, he compiled one compilation to be in the hand of all of them, in order that they should learn it quickly and it should not be forgotten. And he sat all of his days, he and his Court, and taught the Mishnah in public. And these are the greatest of the sages that were in the Court of Rabbenu HaQadosh, and received it from him: Simeon and Gamaliel his sons and Rabbi Epes and Rabbi Hanina ben Hama and Rabbi Hiyya and Rav and Rabbi Yannai and bar Kappara

Criticism of Rabbi Abraham ben David

*And Samuel and Rabbi Johanan etc. Said Abraham: Samuel and Rabbi Johanan and Rabbi Hoshaiah and Rabbi Yannai and bar Kappara were not from the Court of Rabbi. But Levi and Rabbi Bisa and Rabbi Hama his son and Rabbi Ishmael ben Rabbi Jose and Rabbi Jose bar Lekunya were from his Court. And this compiler compiled from his mind and did not know about what.*and Samuel and Rabbi Johanan and Rabbi Hoshaiah. And these are the greatest of the sages who received from him; and with them, thousands and tens on thousands of the other sages. Although these eleven received from Rabbenu HaQadosh and stood in his study, Rabbi Johanan was young, and afterwards was a student of Rabbi Yannai, and received Torah from him. *And also Rav etc. This did not happen and was not born.*And also Rav received from Rabbi Yannai. *And Samuel received etc. Said Abraham: And also this did not happen; rather, from Levi.*And Samuel received from Rabbi Hanina bar Hama. Rav compiled Sifra and Sifre to explain and to inform the principles of the Mishnah. And Rabbi Hiyya compiled the Tosefta to explain the subjects of the Mishnah. And Rabbi Hoshaiah and bar Kappara also compiled Baraitot to explain the words of the Mishnah. And Rabbi Johanan compiled the Jerusalemite Gemara in the Land of Israel after the destruction of the Temple approximately three hundred years. And from the greatest of the sages who received from Rav and Samuel: Rav Huna and Rav Judah and Rav Nachman and Rav Kahana. And from the greatest of the sages who received from Rabbi Johanan:

Criticism of Rabbi Abraham ben David

*Rabbah bar bar Hana etc. Said Abraham: And Rabbi Hiyya bar Abba.*Rabbah bar bar Hana and Rabbi Ammi and Rabbi Assi and Rav Dimi and Rabbi Abin. And from the sages who received from Rav Huna and from Rav Judah are included: *Rabbah etc. Said Abraham: Rav Chisda and Rabbah bar Rav Huna.*Rabbah and Rav Yosef. And from the sages who received from Rabbah and Rav Yosef are included: Abaye and Rava. And both of them also received from Rav Nachman. And from the sages who received from Rava are included: Rav Ashi and Ravina. And Mar bar Rav Ashi received from his father Rav Ashi and from Ravina.

In conclusion, from Rav Ashi until our teacher Moses, Peace unto him, are forty generations. And they are these: 1) Rav Ashi from Rava. 2) And Rava from Rabbah. 3) And Rabbah from Rav Huna. 4) And Rav Huna from Rabbi Johanan and Rav and Samuel. 5) And Rabbi Johanan and Rav and Samuel from Rabbenu HaQadosh. 6) And Rabbenu HaQadosh from Rabbi Simeon his father. 7) And Rabbi Simeon [from Rabbi Gamaliel his father. 8) And Rabbi Gamaliel from Rabbi Simeon his father. 9) And Rabbi Simeon] from Rabbi Gamaliel the Elder his father. 10) And Rabbi Gamaliel the Elder from Rabbi Simeon his father. 11) And Rabbi Simeon from Hillel his father and Shammai. 12) And Hillel and Shammai from Shmaya and Abtalion. 13) And Shmaya and Abtalion from Judah and Simeon. 14) And Judah and Simeon from Joshua ben Perachiah and Nittai of Arbela. 15) And Joshua and Nittai from Jose ben Joezer and Joseph ben Jochanan. 16) And Jose ben Joezer and Joseph ben Jochanan from Antigonus. 17) And Antigonus from Simeon the Just. 18) And Simeon the Just from Ezra. 19) And Ezra from Baruch. 20) And Baruch from Jeremiah. 21) And Jeremiah from Zephaniah. 22) And Zephaniah from Habakkuk. 23) And Habakkuk from Nahum. 24) And Nahum from Joel. 25) And Joel from Micah. 26) And Micah from Isaiah. 27) And Isaiah from Amos. 28) And Amos from Hosea. 29) And Hosea from Zechariah. 30) And Zechariah from Jehoiada. 31) And Jehoiada from Elisha. 32) And Elisha from Elijah. 33) And Elijah from Ahijah. 34) And Ahijah from David. 35) And David from Samuel. 36) And Samuel from Eli. 37) And Eli from Pinchas. 38) And Pinchas from Joshua. 39) And Joshua from our teacher Moses. 40) And our teacher Moses from the mouth of the Almighty. In conclusion, they are all from the LORD, the God of Israel.

All of these aforementioned sages are the great ones of the generations. From them were heads of yeshivoth and from them were heads of exiles and from them were those of the Great Sanhedrin. And with them, in each and every generation, thousands and tens of thousands who heard from them and with them. Ravina and Rav Ashi are the conclusion of the Sages of the Talmud. And Rav Ashi is he who compiled the Babylonian Gemara in the Land of Shinar after Rabbi Johanan compiled the Jerusalemite Gemara with approximately one hundred years. And the subject of both Gemaras is the interpretation of the words of the Mishnah and the explanation of its obscurenesses and new things that were developed in each and every Court since the days of Rabbenu HaQadosh, and until the compilation of the Gemara. And from both Gemaras and from the Toseftas and from Sifra and Sifre (and from the supplements) – from all of them will be clarified the forbidden and the permitted, the defiled and the clean, the obligated and the exempt, the unfit and the fit, as they transmitted, man from the mouth of man, from the mouth of our teacher Moses, from Sinai.

Also it will be clarified from them – things which Sages and prophets from each and every generation decreed to make a parapet to the Torah, as they heard from Moses explicitly, as it says: "And you shall keep my keeping: Make a keeping for my keeping". And it will also be clarified from them – the customs and the enactments which they enacted or how they behaved in each and every generation, as the Court of that generation saw fit, because it is forbidden to deviate from them, as it says: "You shall not deviate from the thing that they will tell you, right and left". And also obscure judgments and laws which they did not receive from Moses, and the Court of that generation judged on them with the rules with which the Torah is interpreted, and the Elders decided them and ruled that the law is such, all did Rav Ashi compile in the Gemara, since the days of Moses, and until his days. And the Sages of the Mishnah compiled other compilations to explain the words of the Torah: Rabbi Hoshaiah, the student of Rabbenu HaQadosh, compiled the explanation of the Book of Genesis, and Rabbi Ishmael explained from "These are the names" until the end of the Torah, and that is what's called "Mekhilta", and Rabbi Akiva also compiled Mekhilta, and other sages after them compiled Midrashot, and all was compiled prior to the Babylonian Gemara.

In conclusion, Ravina and Rav Ashi and their colleagues are the conclusion of the greatest of the Sages of Israel who transmit the Oral Torah and who decreed decrees and enacted the enactments and set up customs, and their decree and their enactment and their customs were spread in all of Israel, in all places of their settlements. And after the Court of Rav Ashi who compiled the Gemara and finished it in the days of his son, Israel was scattered an additional scattering in all the lands, and they reached the ends and the faraway islands, and quarrels multiplied in the world, and the ways were raided with troops, and Torah learning was minimized, and Israel didn't enter to study in their yeshivoth thousands and tens of thousands as the were previously. But individuals gather themselves, the remnants whom God calls, in each and every city and in each and every country, and they engage in Torah and understand with all of the compilations of the Sages, and they know from them how is the way of the judgment. And each court that stood up after the Gemara in each and every country and decreed or enacted or set up a custom for the people of his country or for the people of many countries – his acts were not spread in all of Israel because of the distance of their settlements and the raiding of the ways, and since the court of that country are individuals, and the Great Court of Seventy-One ceased since some years prior to the compilation of the Gemara. Therefore, the people of this country are not forced to behave as the custom of another country; and this court is not told to decree a decree which another court decreed in its country. And likewise, if one of the Geonim taught that the way of the judgment is such and it was clarified to another court which stood afterwards that this is not the way of the judgment that is written in the Gemara – we don't listen to the first, but to whichever one the mind leans toward his words, whether it may be the first or the latter.

And these things pertain to laws, decrees and enactments and customs that were newly developed after the compilation of the Gemara. But all of the things contained in the Babylonian Gemara – all of Israel are obligated to go with them. And each and every city and each and every country are forced to behave with all of the customs how Sages of the Gemara behaved, and to decree their decrees, and to go with their enactments. Since all those things that are in the Gemara – all of Israel agreed upon them. And those Sages who enacted or who decreed or who set down customs or who ruled a ruling and taught that the judgment is such – they are all of the sages of Israel or their majority and they are those who heard the transmission in the principles of the whole Torah, generation after generation, until our teacher Moses, peace be upon him. All of the sages who stood up after the compilation of the Gemara, and built with it, and a name went out for them in their wisdom, they are those who are called "Geonim". And all of these Geonim who stood up in the Land of Israel and in the Land of Shinar and in Spain and in France taught the way of the Gemara, and brought out its obscurities to light, and explained its subjects, because its way is an extremely deep one, and also for it's in the Aramaic language mixed with other languages, because that language was clear to all people of Shinar at the time that the Gemara was compiled. But in other places, and also in Shinar in the days of the Geonim – a man doesn't recognize that language until it is taught to him. And the people of each and every city ask many questions to every Gaon that was in their days, to explain to them difficult things that are in the Gemara. And they reply to them according to their wisdom. And those questioners gather the responses and compile from them books to understand from them. The Geonim that were in each and every generation also compiled compilations to explain the Gemara: Among them are those who explained individual laws. And among them are those who explained individual chapters with which they had difficulties in his days. And among them are those who explained Tractates and Orders. And they also compiled decisive rulings in the subject of prohibition and permission and obligation and exemption, in things that the time needs them, in order that they should be close to the understanding of he who can't descend to the depth of Gemara. And this is the Godly work in which all of the Geonim of Israel engaged since the day that the Gemara was compiled and until this time, which is the eighth year after 1,100 to the Destruction of the Temple; and that is the 4,937th year to the Creation of the World.

And in this time, additional tragedies strengthened and the hour expelled everything and the wisdom of our wise men was lost and the understanding of our understanding men was hidden. Therefore, those commentaries and laws and responsa that the Geonim compiled and they saw that they are clear words – became difficult in our days. And only few in number understand its subjects as it should be. And it need not be said the Gemara itself, the Babylonian and the Jerusalemite, and Sifra and Sifre and the Tosefta, which require a wide mind and wise soul and a long time; and afterwards he knows from them the right way in the things that are forbidden and that are permitted and the rest of the laws of the Torah, how it is. And because of this, I, Moses son of Rabbi Maimon the Sephardi, ^[1]shook out my lap, and I leaned on the Rock, blessed is He, and I meditated in all of these books and I saw fit to compile things that are clarified from all of these compilations, in the subject of the forbidden and the permitted, the defiled and the clean, with the rest of the laws of the Torah, all of them in a clear language and a short way, until the whole Oral Torah shall be organised in the mouth of all, without a question and without an answer; not this one says in this manner and this one says in that manner, but clear, close, correct words according to the judgment that will be clarified from all of these compilations and commentaries that exist since the days of Rabbenu HaQadosh and until now. Until all of the laws shall be revealed to small and to great in the law of each and every commandment and in the law of all of the things that Sages and Prophets enacted. The rule of the matter: In order that a man should not need another compilation in the world in a law of the laws of Israel, but this compilation should gather the whole Oral Torah with the enactments and the customs and the decrees that were made since the the days of our teacher Moses and until the compilation of the Gemara and like the Geonim explained to us in all of their compilations which they compiled after the Gemara. Therefore I named this compilation "Mishneh Torah", because a man reads the Written Torah first, and afterwards he reads this,

Criticism of Rabbi Abraham ben David

*And knows from it etc. Said Abraham: He hoped to fix but did not fix, for he left the way of all compilers that preceded him, for they brought proof to their words and wrote the words in the name of the one who said them; and with this he would of had great benefit, for many times it would arise on the heart of the deciser to forbid or to permit and his proof is from one place; and if he knew that there is a greater one than him who distanced his hearsay to another opinion, he would retract; and now, I will not know why I should retract from my resolution and from my proof because of the compilation of this compiler. If the one who disagrees with me is greater than me, then good; and if I am grater than he, why should I cancel my opinion because of his opinion? And more, for there are things that the Geonim disagree with each other and this compiler chose the words of one and wrote them in his compilation and why should I rely on his choice and it doesn't seem correct in my eyes and I shall not know the one who disagrees with him, whether he is desirable to disagree with or not. This is only because a surpassing spirit was in him.*and knows from it the entire Oral Torah and does not need to read a different book between them. And I saw fit to divide this compilation into individual laws in each and every subject; and I will divide the laws into chapters that pertain to that subject; and I will divide each and every chapter into small segments in order that they should be organised by heart. These laws that pertain to each and every subject – some of those laws are the laws of one commandment alone; and that is the commandment that has a lot of words of tradition, and is a subject by itself. And some of them are laws that include the laws of many commandments, if all of those commandments will be in one subject. Because the division of this compilation is according to the subjects, not according to the number of the commandments, like it will be clear to he who reads in it. And the number of the commandments of the Torah that pertain to the generations: six-hundred-and-thirteen commandments. Two-hundred-and-forty-eight of them are positive commandments. A sign to them: the number of the limbs of man. And three-hundred-and-sixty-five of them are negative commandments. A sign to them: the number of the days of the solar year.

↑ In the accurate version: I girded up my waist.

Introduction of Rabbi J. Karo, may the memory of the righteous be for a blessing (author of Kesef Mishneh).

I have seen that which Moses, the Great Light, son of Maimon, of blessed memory, took upon him to expound this law. Moses commanded us a law, an inheritance, and compiled the compilation of the Great "Hand" on all the ordinances of the entire law, its generalities, its particularities and its details; and who like him teaches in a short and pure language like the language of the Mishnah? And the hand of the generations that come after him is short of understanding his words and of descending to the depth of his pure sayings, that are refined seven times. The source of each and every law is also hidden from them. And moreover, with regard to that which Rabbi Abraham ben David criticised him; and in some instances, one needs a carpenter and the son of a carpenter to solve them. And Rabbi Moses Kohen also commented on him. And his words turn out as the words of the sealed book. And as our teacher Rabbi Asher wrote in a responsum, and this is his language: All those who instruct instructions from the words of our teacher, Rabbi Moses, son of Maimon, and are not fluent in Mishnah and Gemara to know from where he brought out his words, err to permit the forbidden and to forbid the permitted; for whoever reads it thinks that he understands it and it is not so. For if he is not fluent in Mishnah and Gemara and does not understand a thing to its right way and to its truth, he will fail in judgement and in instruction. Therefore, a man should not rely on reading his book to judge and to instruct if not that he will find proof in Gemara. And so I heard from the mouth of a great man in Barcelona who was fluent in three Orders and said: I wondered on people who did not learn Gemara and they read the books of our teacher, Rabbi Moses, son of Maimon, and they instruct and judge from his books and they think that they recognise from them; for he said: I recognise in myself that in the three Orders that I learnt, I understand when I read his books; but in his books in the laws of Kodashim and Agriculture, I do not understand in them anything. And I know that so it is to them in all his books. Until here is his language. And then, one holy one stood up speaking and authored the book Maggid Mishneh in which he revealed the location of the source of each law. And if that law is learnt as a disagreement, he gave a praiseworthy reason why he ruled that way. And he also settled and answered the criticisms of Rabbi Abraham ben David. And we heard that the name of the rabbi, the author of the book Maggid Mishneh, was Invidal de Tolosa, a friend of our teacher Rabbi Nissim. And behold, we did not merit his light, only in the Book of Seasons and Women and Holiness and Damages and Acquisition and Judgements. And even in these books, some laws and some chapters remained from which their explanation did not arrive to our hands. And my soul yearned and even pined to understand his words in all his books and to know their source and from where they come. And so did I see several people desiring and yearning for this. And therefore, I, the young Joseph, son of our teacher Rabbi Ephraim, son of our teacher Rabbi Joseph Karo, may his memory be for the life of the World to Come, stood up and were encouraged and strengthened with the mercy of Heaven and agreed to write on the rest of the books of Maimonides the source of each and every law and to explain his words and to answer to the criticisms of Rabbi Abraham ben David and to the comments of Rabbi Moses Kohen as my short hand will reach. And also in the books that the rabbi, the Maggid, did write on them, there remained instances that one needs to scrutinise in them and I will turn my hand on them. And if it is found in the words of the commentators of the Gemara, or Rabbi Isaac Alfasi, or in their responsa, that they spoke in them, in the understanding of the words of our teacher Moses, son of Maimon, I will write their words. And if I will see to answer his words in another way, I will write what they will show me from Heaven. And the reader, whatever he will choose he shall want and bring close. And in instances where I will not find it in the words of the aforementioned commentaries, I will write that which seems in my humble opinion. And I relied on the benevolence of God; He shall grant me free gifts to enlighten my eyes to be wise, to do good, to descend to the depth of the understanding of Maimonides, of blessed memory. And He should reveal my eyes to understand wonders from His Torah. And I named this book Kesef Mishneh since it contains the yearn of those yearning to understand the words of this precious book, Mishneh Torah. And from the True Helper, may He be adored, I will request help and assistance; He shall help me for the sake of the Glory of His Name and He should reveal my eyes and I shall see wonders from His Torah.

Kesef Mishneh

And Ahijah the Shilonite was from those who left Egypt etc. In the chapter There are those who Inherit (page 121b) it is learnt: Ahijah the Shilonite saw Amram. Wrote Rabbi Abraham ben David: "Said Abraham: This is not correct. Rather, Ahijah the Shilonite was from the court of David." Until here is his language. It seems that he means to say that since he was extremely old, it is not correct to say that he received from David who was younger than him in days. And also in wisdom, it is possible that Ahijah was greater than him; either because wisdom is with the aged or because he received from Moses. But what could be said is that he was from the Court of David; for David was the head of the Sanhedrin. And according to the opinion of our teacher, it could be said that even though we will say that he was wiser than David, it will still be correct to say "he received from David", meaning to say that he remained the head of oral tradition in his place. And these are the greatest of the sages that were in the Court of Rabbenu HaQadosh etc. Wrote Rabbi Abraham ben David: "Said Abraham: Samuel and Rabbi Johanan were not" etc. "And this compiler compiled from his mind and did not know about what." Until here is his language. And it can be said that the reason of our teacher is that Samuel was great in the days of Rabbi, as we say (in the first chapter of Bava Metzia, 85b) that Rabbi wanted to ordinate him, only that it did not come to fruition. And since he was worthy of being ordained, why shouldn't he be considered from the Court of Rabbi? And Rabbi Johanan – it is true that he was young as it says in Chapter The First of the Shearing (page 137b) that Rabbi Johanan said that firebrands were going out of the mouth of Rav to the mouth of Rabbi and he did not know what they were saying. And if so, he was not from the Court of Rabbi. Nevertheless, he learnt Torah from him. And our teacher already wrote that even though these received from Rabbenu HaQadosh and stood in his study, Rabbi Johanan was young. And Rav Hoshaiah – why shouldn't he be from the Court of Rabbi? Why he was the friend of Rabbi Hiyya, and as we say elsewhere (Hullin 141a): Each Baraita that was not learnt at the House of Rabbi Hiyya and at the House of Rabbi Hoshaiah – you shall not ask from it at the Beth Midrash. And Rabbi Yannai and bar Kappara were great in the days of Rabbi and why shouldn't they be from his Court? And what he wrote: "But Levi and Rabbi Bisa" etc. – it can be said that our teacher did not come to count all the sages that were in the Court of Rabbi, until it should be hard on him why he did not count these.

And also Rav received from Rabbi Yannai. Wrote Rabbi Abraham ben David: "This did not happen and was not born." Until here is his language. And I say that the words of our teacher happened and were born; from what we say in Chapter "The Woman", the great one (folio 93): Rav Huna is like Rav and Rav is like Rabbi Yannai; and Rabbi Shlomo explained: Rav Huna is like Rav – that is to say: He received it from Rav, who was his teacher; and Rav from Rabbi Yannai; and so all of them: this one was higher than the generation of this one. Until here is his language. And nevertheless, one can wonder: Why didn't our teacher write that Rav learnt from Rabbi Hiyya? And also Rabbi Abraham ben David – why didn't he write that? And like he wrote regarding Samuel?

And Samuel received from Rabbi Hanina ben Hama. Wrote Rabbi Abraham ben David: "And also this did not happen; rather, from Levi." And I say that I do not know from where do we know that he did not learn from Rabbi Hanina who remained Rosh Yeshiva in the place of Rabbi (Ketubot 106b). And what he wrote: "rather, from Levi", I do not know from where he knows this. And from the greatest of the sages who received from Rabbi Johanan etc. Wrote Rabbi Abraham ben David: "And Rabbi Hiyya bar Abba." Until here is his language. And I say that this is no objection; for our teacher did not come to count all of the great ones who received from Rabbi Johanan, only some of them, and as it is proven from the language "and from the greatest of the sages".

And from the sages who received from Rav Huna and from Rav Judah are included Rabbah and Rav Yosef. Wrote Rabbi Abraham ben David: "Rav Chisda and Rabbah bar Rav Huna." Until here is his language. And this, too, is no objection; from the reason that I wrote nearby. And knows from it the entire Oral Torah etc. Wrote Rabbi Abraham ben David: "He hoped to fix but did not fix" etc. "This is only because a surpassing spirit was in him." Until here is his language.

And I say that the reason of our teacher is that if he would have wanted to go in the way of the compilers that preceded him, what profit would he have to add to the words of Rabbi Isaac Alfasi, for in most of the places he decides like him. And thus he came to innovate a ruling of halacha in a pure and short language like the Mishnah and each wise-hearted from those that come after him can rely on the choice of our teacher. And if a great wise one will be found who will not want to rely on his choice until he, too, will weigh it with the scales of his mind, who hinders him from looking in the books of the Gemara and the compilers? In conclusion, this way that our teacher treaded is an improvement for the whole world except for one in a generation in that time. And also for him, it is an improvement; if he will be in a rush to decide, he shall rely on the opinion of our teacher. And even when he will not be in a rush, it is not a small thing to know the discernment of our teacher.

[1] In the accurate version: I girded up my waist.

[1]