Some Stylistic Aspects Of The Mishneh Torah

by
Menachem Kellner, University of Haifa

 

   Thirty years ago Yizhak Twersky ushered in a new era in the academic study of Maimonides with his seminal article, "Some Non-Halakic Aspects of the Mishneh Torah." I see my own published work on Maimonides over the last twenty years as a series of footnotes to Twersky's study. In these "footnotes" I have sought to elaborate different aspects of Maimonides' central teaching as expressed by Twersky, that the quest for wisdom (hokhmah) "is absolutely indispensable for religious perfection --is indeed the crowning achievement" (p. 96). In his elegant essay, Yizhak Twersky showed how for Maimonides the process of intellectualization "is woven uninterruptedly and unabashedly from his earliest writings through the Moreh Nebukim and on through all his responsa. It is especially discernible in the texture of the Mishneh Torah" (p. 96).

   In the present essay, dedicated with profound respect to a scholar whose work has constantly stimulated my own at every juncture of my career, and to a colleague who has proven himself unselfishly supportive over and over again to a younger man whom he barely knew, in the hope and prayer that he be given many long and healthy years in which to teach us, I will call further "attention to some motifs of Maimonidean rationalism . . . allusively incorporated into the Mishneh Torah" (p. 95). In particular, I wish to draw attention to certain stylistic features of Maimonides' writing in the Mishneh Torah.

   There are many passages in the Mishneh Torah, a few examples of which I will examine here, in which Maimonides writes in what might be called a quasi-esoteric vein. He writes simultaneously for several audiences without drawing explicit attention to that fact.

   Maimonides, it appears to me, had in mind three different kinds of readers when he wrote the Mishneh Torah. In the first instance, the work was addressed to rabbinic scholars, talmudists, who had no interest in philosophical issues, no grounding in philosophical texts, and who probably viewed such issues and texts as at best irrelevant to their spiritual lives. In the second instance, the work was addressed to rabbinic scholars, talmudists, who had gone beyond the pale of talmudic studies to the realms of logic, physics, and metaphysics without in any way giving up their prior allegiances. These were individuals like Maimonides himself as I understand him, individuals for whom rabbinic studies were not an end in themselves, but a preparation for the study of the wisdom (hokhmah) of the Torah properly understood. Thus, I do not see Maimonides' audience as divided between "talmudists" and "philosophers" but between talmudists simpliciter and philosophical talmudists. Maimonides probably had in mind a third group as well, talmudists on their way to becoming philosophical talmudists, for whom I suspect Maimonides hoped the Mishneh Torah to be crucially valuable.

   Talmudists read Maimonides' words, and because of the context, vocabulary, and style think that they are reading a wholly traditional text, totally unobjectionable, and fully consistent with conventional religion as popularly understood. The more philosophically aware audience reads the same passage and finds in it statements consistent with some of the more daring Maimonidean theses expressed (later) in the Guide of the Perplexed.

   It is my understanding that Maimonides wrote in this fashion in order to protect talmudists from exposure to ideas which might cause, rather than solve, perplexity. Maimonides had no interest in confusing such people. On the contrary, his desire to be helpful to them was such that he made clear attempts to teach them without upsetting their traditional beliefs. This approach finds expression in the following text:

Know that the things about which we shall speak in these chapters and in what will come in the commentary are not matters invented on my own nor explanations I have originated. Indeed, they are matters gathered from the discourse of the Sages in the Midrash, the Talmud, and other compositions of theirs, as well as from the discourse of both the ancient and modern philosophers and from the compositions of many men. Hear the truth from whoever says it. Sometimes I have taken a complete passage from the text of a famous book. Now there is nothing wrong with that, for I do not attribute to myself what someone who preceded me said. We hereby acknowledge this and shall not indicate that "so and so said" and "so and so said," since that would be useless prolixity. Moreover, the name of such an individual might make the passage offensive to someone without experience and make him think it has an evil inner meaning of which he is not aware. Consequently, I saw fit to omit the author's name, since my goal is to be useful to the reader. We shall explain to him the hidden meanings in this tractate.    It turns out that the ancient and modern philosophers to whom Maimonides is referring here are Aristotle and Alfarabi. It was Maimonides' intent to help his readers; if explicit references to the great thinkers of the past would be counter-productive, then he would do without such references. So, too, in the Mishneh Torah, if making some of his positions explicit would only drive away readers who would otherwise benefit from study of his work, Maimonides had no compunction about writing such that his ideas would be clearly understood only by those who could read them in their broader philosophical context.

   I do not mean to say here that Maimonides held positions which he thought that his talmudist readers should reject. In his own eyes, his positions were those of the Torah, properly understood. Positions which deviated from his were illegitimate, not the other way around. Maimonides, however, was a realist, and understood the Jews of his day (and, I might add, many in our own day), the power of habit, and the unwillingness of people to give up ideas to which they had grown accustomed. Rubbing the faces of such people, so to speak, in explicit expositions of his (correct, Jewishly orthodox, but withal unusual) ideas would in no way bring them to accept the truth. They had to be brought to it gradually and in his role as educator (a role which I think can be seen in every single thing he wrote) Maimonides sought to do that.

   But there were others, a tiny minority, who could understand the truth, appreciate it, and accept it. It would have been sinful not give them at least a glimpse of the truth, and Maimonides sought to do that also in all of his works, the Mishneh Torah most emphatically included.

   Maimonides, it seems to me, sought to write as the Torah writes, "in the language of human beings." The Torah was written on several levels, the uppermost suitable for the talmudist uninterested in or incapable of understanding the true meaning of the Torah, which is presented to the philosophically sophisticated in deeper levels. If the Torah itself was written by God in this fashion, is it any surprise that Maimonides, motivated by that very Torah to walk in God's ways, wrote his "repetition" of the Torah in this fashion?

   A good example with which to begin our discussion is the very first sentence of the Mishneh Torah, "Laws of the Foundations of the Torah," I.1:

The foundation of all foundations, and the pillar of all the species of wisdom, is to know that there exists a First Existent, that He gives existence to all that exists, and that all existent beings, from the heaven to the earth and what is between them, exist only due to the truth of His existence.
 
   The traditionalist reader of this passage notes the following things:
  1. the first letters of the first four Hebrew words spell out the tetragrammaton, as is the case in many devotional works.
  2. belief in God is presented as the foundational belief of Judaism.
  3. God is characterized as creator of all things.
  4. Everything that is not God derives its existence from God, and without God cannot exist.

  5. The more philosophically literate and sophisticated reader of this passage notes the following things:

  6. the "foundation" of religion is made equito the "pillar" of the sciences; they both teach the same thing: God's existence.
  7. The Jew is here called upon to know that God exists; such knowledge entails being able to prove that God exists, using the tools of logic and philosophy.
  8. God is characterized as the source of existence, not necessarily as the cause of all that exists. This formulation is as acceptable to Aristotle, who denies the creation of the world, as it is, for example, to R. Akiva, who presumably affirms it.
  9. God is here called "the first existent," as opposed to the more usual biblical, rabbinic, or traditional names one would expect to find in an halakhic work; the language calls to mind a parallel text by Alfarabi, a text which turns out upon examination to be literary source for much of what Maimonides writes in "Laws of the Foundations of the Torah."
  10. God's "truth" is here called the source of all existence. The attentive reader notes that this strengthens the last two points: God is presented as metaphysical ground of all that exists. The well-educated reader further remembers Aristotle's claim (Metaphysics, ii, 993b20-30) that eternal things are true, and as such are the cause of being of other things.

  11.  
    A text which on the face of it presents no problems for the conventional reader of the Mishneh Torah at the same time opens a window into the mind and soul of its author for the reader familiar with the language, ideas, and issues of medieval philosophy.    Maimonides himself instructs us to read "Laws of the Foundations of the Torah" I in the way I have presented it here. In Guide of the Perplexed I.71 he explains that, the proofs for the oneness and existence of the deity and of His not being a body ought to be procured from the starting point afforded by the supposition of the eternity of the world, for in this way the demonstration will be perfect, both if the world is eternal and if it is created in time. For this reason you will always find that whenever, in what I have written in the books of jurisprudence, I happened to mention the foundations and start upon establishing the existence of the deity, I establish it by discourses that adopt the way of the doctrine of the eternity of the world.    Maimonides hastens to assure the readers of the Guide of the Perplexed that the reason for this is not that he believes "in the eternity of the world, but that [he] wish[es] to establish in our belief the existence of God, may He be exalted, through a demonstrative method as to which there is no disagreement in any respect."    Whatever one may think about Maimonides' position on creation, there is no doubt that in "Laws of the Foundations of the Torah" he "mentioned the foundations" and sought to establish the existence of God. We are thus surely right in reading "Foundations," I.1 as it is presented here, as teaching an aristotelian conception of God as metaphysical ground of being, as opposed to a conception of God as creator of the cosmos. Maimonides' stylistic strategy enables him to get the point across to the reader who can "handle" it, while keeping the less sophisticated reader in the dark. But this second type of reader is not misled: the existence of God is indeed the foundation of all foundations, the Jew is required to accept that teaching (the first commandment in the decalogue according to Maimonides and the first of the 613 commandments), even if only as a matter of belief, not knowledge, and God is the creator of the cosmos and not only the metaphysical ground of its being. Maimonides has succeeded in reaching out to two very different audiences here, instructing both, and harming neither.    Maimonides' comment in the Guide of the Perplexed tells us something very important: he expected at least some readers of the Mishneh Torah to realize that he was proving God's existence with arguments which assumed the eternity of the universe and had to explain to them in the Guide of the Perplexed why he did that. This is important evidence in favor of my contentions concerning the diverse nature of the audience addressed in the Mishneh Torah.    There is another text in "Foundations of the Torah" where Maimonides' ability to address two different audiences simultaneously finds emphatic expression:    It is among the foundations of religion to know that God causes human beings to prophesy, and that prophecy does not rest upon anyone but a sage great in wisdom, powerful with respect to his [moral] qualities --[i.e.] one whose passions do not overpower him with respect to anything in the world, but, rather, through his intellect he always subdues his passions-- and who has a very broad and well-established intellect. A person filled with all these qualities, sound of body, upon entering pardes and continuously dwelling upon those great and remote matters, and having an intellect prepared to understand and conceive them, and who continues to sanctify himself, by separating himself from the ways of most people who walk in the darkness of the times, and who zealously trains himself and teaches his mind not to have any thoughts concerning vain things, the nonsense of the time and its snares, but his mind is always directed above, bound under the throne in order to understand those sacred and pure forms, and who examines the entire wisdom of God from the first form till the navel of the world, learning from this God's greatness; the holy spirit immediately rests upon him, and at the time the spirit rests upon him, his soul mingles with the degree of the angels known as Ishim and he becomes another man, and understands through his intellect that he is not as he was, but has risen above the degree of other wise humans, as it says of Saul: "You will prophesy and become another man" (1 Sam 10:6).    The talmudist reader of this passage will be very comfortable with it, since so much of the language is taken from biblical and rabbinic texts. On the face of it, there is nothing in this text to upset such a reader. Maimonides reminds us that prophecy is one of the principles of Judaism (as defined by himself in his Commentary on the Mishnah) and that prophecy is restricted to one who is very wise, powerful in the mishnaic sense of controlling one's desires, and one who has broad and correct understanding (de'ah). When such a person, who is also healthy and physically unimpaired, studies those disciplines known in the tradition as pardes, is devoted to those great matters, is wholly separated from unimportant nonsense and concentrates on nothing but divine matters and the wisdom inherent in God's creation, then the divine spirit rests upon him or her. When that happens the individual's soul meets those angels called Ishim and the prophet becomes someone new altogether.    So much for the philosophically uneducated talmudist reader. What does the reader who has carefully read the Sefer ha-Madda to this point and is furthermore familiar with Maimonides' own theory of prophecy (as expressed in the Guide of the Perplexed), find in our passage? Something quite different. This reader finds a naturalistic account of prophecy even more daring than the one put forward my Maimonides in the Guide of the Perplexed. In that place Maimonides maintains that prophecy is a perfection of the prophet, and that God's only role in the process is to make it possible. God does not choose or send prophets, rather, God establishes the circumstances in which prophecy can take place (and it is in that sense that the phrase, "that God causes human beings to prophesy," must be read in our passage). Anyone having certain qualities who works hard enough will achieve prophecy. In the Guide, however, Maimonides does allow for an exception: God can work a miracle and cause an otherwise qualified individual not to achieve prophecy. But not so here: when one has satisfied certain conditions, then "the holy spirit immediately rests upon him" (îéã øåç ä÷åãù ùåøä òìéå)-- God does nothing (in the sense of direct, immediate intervention), the person seeking prophecy does everything. When that person has satisfied all relevant criteria, the divine spirit immediately rests upon him or her, with no specifiaction or decision by God.    What are the conditions which the prospective prophet must satisfy? Let us examine them, one after the other.
  1. First, the candidate for prophecy must be exceedingly wise (literally: "a great sage [çëí] in wisdom [çëîä]").
  2. Second, the person must be powerful with respect to personal qualities. Maimonides explains that such a person uses intellect to control his or her physical desires.
  3. Third, the individual seeking prophecy must have an exceptionally "broad and very sound intellect."
  4. Fourth, the individual in question must be physically unimpaired. This bring to mind the second of the "four perfections" which Maimonides enumerates in Guide of the Perplexed III.54 (wealth, health, morals, intellect). Furthermore, Maimonides teaches us in other passages in the Sefer ha-Madda that a healthy body is a prerequisite for studying wisdom.

  5.  
   When a person satisfies these four criteria, prophecy will immediately, automatically, and naturally result if further steps are taken:
  1. the person must enter pardes. In "Laws of the Foundations of the Torah," I-IV, and especially in IV.13, Maimonides makes clear that pardes means the study of physics and metaphysics.
  2. one must continue studying the great and remote matters (which in "Foundations" IV.13 we learn means metaphysics).
  3. one must be further willing to separate oneself the common run of humanity and train oneself to think of nothing but "the sacred and pure forms under the throne" (i.e., the separate intellects).
  4. one must examine God's wisdom as exemplified in the created cosmos, from the first form down to the navel of the world, i.e., devote oneself to the study of physics (including astronomy) and metaphysics.
   All this done, the holy spirit immediately rests upon one and one's soul (nefesh), i.e., one's intellect, achieves contact with that level of angels called Ishim, and one becomes an entirely new person, a level beyond normal savants, i.e., beyond the wise who have not achieved prophecy. The careful reader of Sefer ha-Madda knows that Ishim is the name given to angels of the tenth (and lowest degree), those who speak with prophets. The philosophically attuned reader, or the reader who comes back to this passage after careful study of the Guide of the Perplexed, knows that what traditionalists call "angels" the philosophers call "separate intellects" and that the tenth (and "lowest") of these intellects is called the Active Intellect. It is through the Active Intellect that God addresses prophets: "know that the true reality and quiddity of prophecy consist in its being an overflow overflowing from God, may He be cherished and honored, through the intermediation of the Active Intellect" (Guide, II.36, p. 269).

   The account of prophecy implied in this text is more radical than that propounded in the Guide of the Perplexed, since it does not mention the possibility of God's miraculous intervention to withhold prophecy from an otherwise qualified individual. This is consistent with what we saw above: in the Mishneh Torah Maimonides adopts extremely naturalist positions, but hides them from the nonphilosophical talmudist reader.

   In the text before us, as well, we find that Maimonides succeeds impressively in teaching truth to the philosophic talmudist while both not lying to the non-philosophical talmudist and keeping the truth taught to the former hidden from the latter.

   While the phenomenon to which I am drawing attention here is most pronounced in "Laws of the Foundations of the Torah," it is not only found there, as the following text, "Laws of the Recitation of the Shema," I.2 (which deals with a straightforwardly halakhic issue), illustrates:

What does one recite? The three paragraphs beginning with the words "Hear" (Deut. 6:4-9); "If, then, you obey" (Deut. 11:13-21); and "The Lord said" (Num. 15:37-41). One recites the paragraph "Hear" first because it contains a commandment concerning God's unity, love of God, and study, which is the basic principle upon which all depends. After it, "If, then, you obey," since it commands obedience to all the other commandments. After that, the paragraph concerning the fringes, since it also contains a command to recall all the commandments.    The second sentence of this passage reads as follows in Hebrew: åî÷ãéîéï ì÷øåú ôøùú "ùîò" îôðé ùéù áä ééçåã ä', åàäáúå, åúìîåãå, ùäåà äòé÷ø äâãåì ùäëì úìåé áå. The interpretation of one word here, åúìîåãå, makes a tremendous difference to the meaning of the passage. What does the non-philosophical talmudist understand here? Such a person reads the sentence as follows: "One recites the paragraph "Hear" first because it contains a commandment concerning God's unity, love of God, and study of Torah, which is the great principle upon which all depends." Our talmudist reads this sentence with great satisfaction: the study of Torah is made "the great principle upon which all depends" and it is in part because that study is found in the first paragraph of Shema ("you shall teach them diligently to your children" -- Deut. 6:7) that the first paragraph is the first of the paragraphs of the Shema.

   The philosophically more alert reader of the Mishneh Torah finds something else here, different from, but by no means inconsistent with, what the talmudist finds. Such a reader must understand the key term, åúìîåãå, to mean the study of God, and not the study of God's Torah. The study of God, as is taught in the first four chapters of the Mishneh Torah, involves the study of physics and metaphysics, not the study of Talmud as ordinarily understood. Maimonides, of course, has nothing against the study of God's Torah as the talmudist understands it, but the obligation to undertake that study is not the issue here, at least for the reader of this passage who has carefully read the Mishneh Torah to this point.

   Why do I say this? I take Maimonides to be teaching that we recite Deut. 6:4-9 first because of the first verse, "Hear, O Israel, the Lord, our God, the Lord is one." This verse indeed teaches äòé÷ø äâãåì ùäëì úìåé áå "the great principle upon which all depends," namely God's existence and unity. In "Laws of the Foundations of the Torah," I.6 Maimonides uses the same exact expression, "the great principle upon which all depends," with reference to God's unity.

   One should not be confused by the reference to the love of God in the maimonidean text before us. It calls to mind the passages in the Guide of the Perplexed in which Maimonides teaches us that love of God is proportionate to knowledge of God. Knowledge of God, of course, results from the study of physics and metaphysics (our knowledge of immaterial entities and our understanding of the limitations of what we can actually know about God). The student of Maimonides who has read and assimilated the Guide of the Perplexed knows that love of God finds its finest expression, not in the study of Talmud, but in the study of physics and metaphysics. This, too, is hinted at in the passage under discussion.

   We have examined three passages in which Maimonides addresses at the same time conventionally minded rabbinic readers of the Mishneh Torah and philosophically aware students of the same text. Part of his artistry as an author, as well as a thinker, is to address each audience in a way in which it will not only not be harmed, but actually benefited. The audience of talmudists remains unaware of the philosophic message of the text it is reading, while those beginning the study of philosophy may be prompted to go further in their studies because of passages like those under discussion; the accomplished philosopher-talmudist will fully understand what the master is teaching and, if he or she is a faithful student of Maimonides, will approve the intention to teach the (philosophical) elite while not perplexing or upsetting the (rabbinic) masses.

NOTES