English translation — שופטים ב

A.

After the Rambam enumerates in detail all the commandments

(in the introduction to his book Yad HaChazakah),

he continues: These are the 613 commandments that were said to Moses at Sinai, they and their general principles and their particulars, etc. And there are other commandments that were innovated after the giving of the Torah, and the prophets and sages established them, and they spread throughout all Israel, such as the reading of the Megillah, the Chanukah light, the fast of the Ninth of Av, eruvin, and washing of hands, etc. All these commandments that were innovated, we are obligated to accept and observe them, as it is said¹

You shall not deviate from the word, etc.

And it requires explanation: Everything that the Rambam writes is with utmost precision,

and when he brings several matters in his composition, he summarizes them²

and specifies — as we find with him first of all regarding the <b>general principles</b> of his composition: he is not satisfied with what he prefaces³

"And I saw to divide this composition into halachot, halachot on every subject and matter, and I will divide the halachot into chapters in that subject, and every chapter and chapter I will divide it into small halachot so that they will be arranged by heart",

rather he counts and enumerates them

(after enumerating the commandments)

"And I saw to divide this composition into fourteen books",

and he explains the content of each book and its name and how many halachot each book contains

(as in Sefer HaMada: its halachot are five, and this is their order: halachot of ..

Teshuvah)⁴.

And likewise regarding the counting of the commandments: just as he is precise to give the total number of all the commandments of the Torah

(as at the end of the introduction — before the counting of the commandments)

"And the count of the Torah's commandments that are practiced for generations is six hundred and thirteen commandments, of them positive commandments two hundred and forty-eight, their sign is 'כר', and of them negative commandments three hundred and sixty-five etc." and he repeats it in several places — so he enumerates⁵

at the beginning of each "halacha" the total number of the commandments and also the specific number of positive and negative commandments that the halacha contains.

And for example — Laws of the Foundations of the Torah: "They include ten commandments, six positive commandments and four negative commandments

(and he continues)

<b>And these are their details</b> etc."; and he <b>repeats</b> and summarizes at the conclusion of each of the fourteen books — the total and specific number of the commandments in it

(And for example at the end of The Book of Knowledge: "All the commandments included in this book are seventy-five, sixteen of them are positive commandments and fifty-nine are negative commandments").

And accordingly an explanation is required — why does the Rambam not write here

(and one also does not find that the Rambam anywhere in his book the Yad states)

the number of the commandments that are from the words of the scribes⁶?

2.

In the Sefer HaMitzvos⁷

says the Rambam

(when he questions the view of the Baal Halachos Gedolos who counts certain rabbinic commandments in the count of the commandments)

: "If we were to count every positive rabbinic commandment and every negative rabbinic commandment, this would amount to many thousands."

One cannot, however, say that for this reason the Rambam does not give the number of rabbinic commandments,

because:

a)

On the contrary,

since the number is so large,

it is even more necessary to state their number,

because this helps them all to know and remember⁸

(further: according to the words of the Rambam⁹

regarding the 613 commandments,

the reason that he specifies and counts them in every halachah — in order "to be careful that nothing be missing from me that I do not speak about, and by mentioning all the commandments in number I would be certain of this" — is relevant and necessary also

(and further)

regarding rabbinic commandments).

b)

And the main point: the question why he does not count them is regarding the rabbinic commandments <b>in their entirety,</b>

in the manner that the Rambam counts them here — "such as the reading of the Megillah, the Chanukah light, the fast of the Ninth of Av, and his eiruvin and hands,"

and not regarding their details.

And further and mainly — the question is regarding a particular type in the words of the Sages themselves: the <b>commandments</b> that they innovated and instituted — not the decrees and safeguards that they <b>added and incorporated into</b> the Torah commandments,

or customs and the like¹⁰

And the type of mitzvos derabanan is that it is limited and few in number.

And elsewhere¹¹

are counted seven rabbinic commandments — and no more¹².

Gimmel.

At first glance, one can explain this based on the words of the Rambam himself:

The Rambam says that "all that the Sages commanded us to do and all that they warned us about, already commanded ...

to do it, and it is His statement&lt;sup&gt;1&lt;/sup&gt;

'According to the Torah which they will teach you,' etc., and the Blessed One warned us against transgressing anything that they instituted or decreed,

and He said, 'Do not turn aside'"&lt;sup&gt;13&lt;/sup&gt;,

and as he elaborates on this at the beginning of the Laws of Rebels.

The Ramban&lt;sup&gt;14&lt;/sup&gt;

objects to the words of the Rambam and asks several questions,

and among them: if for every Rabbinic commandment there is a negative and positive commandment, one should have been stringent in all Rabbinic matters because they are obligations from the Torah — why do we find many distinctions in halacha between a Torah commandment and a Rabbinic commandment?

One of the explanations in the commentators¹⁵

: When one does not fulfill a rabbinic commandment or one transgresses a biblical prohibition, one is

(according to the Rambam)

not transgressing the commandment of "according to the Torah which they shall teach you" or the prohibition "do not deviate",

but only when one does not <b>accept the commandment</b> or the rabbinic prohibition,

when <b>he does not agree with the words of the Sages.</b>

That is: the commandment "according to the Torah which they shall teach you" and the prohibition of "do not deviate" is not the actual <b>doing</b> or <b>not-doing</b> that which the Sages instituted,

but¹⁶

the commandment is <b>"to listen</b> to every great court that will arise for Israel"¹⁷

— an obligation to <b>obey</b> the Sages.

And as the Rambam¹⁸

explains the wording of the blessing "Who sanctified us with His commandments and commanded us" regarding rabbinic commandments: "And where did He command us in the Torah,

as it is written therein¹

According to what they tell you, you shall do,

so the meaning of the words and their content is thus: Who sanctified us with His commandments which He commanded <b>to listen</b> to those who commanded us to light the Chanukah candle or to read the Megillah, and likewise all the other commandments that are from the words of the scribes."

It turns out¹⁹,

that the rabbinic commandments are not divided into <b>separate</b> commandments,

but all the commandments are

(included in)

one commandment — "to listen etc." and "do not deviate."

Further, the commentators say&lt;sup&gt;20&lt;/sup&gt;,

that just as rabbinic prohibitions are

(according to some opinions*&lt;sup&gt;20&lt;/sup&gt;)

not prohibitions of the object,

but rather prohibitions upon the person&lt;sup&gt;21&lt;/sup&gt;,

so too is it also regarding rabbinic commandments,

that they are not in the object,

but rather they are an obligation upon the person.

And based on this, it can be said,

that therefore the Rambam does not state a number of rabbinic commandments,

seven commandments and the like,

in order to emphasize this very point,

that rabbinic commandments are not divided each one by itself as a separate commandment,

a distinct name "commandment" does not apply&lt;sup&gt;22&lt;/sup&gt;

to each commandment of the Scribes,

since all these commandments are included in one commandment — following the rabbis and "Do not deviate" from their words.

And in the manner that this is,

to distinguish,

when carrying out

(for this is a command of the Shulchan Aruch)

the doctor's instructions,

which one is obligated to fulfill because of the command "And you shall greatly guard your souls"²³

— one does not separate each deed and action and precaution as a separate

(fulfillment)

commandment

Moreover — in the manner of fulfilling the <b>details</b> of the commandment of honoring father and mother²⁴.

And so forth.

4.

One cannot, however, answer in this way,

because

(for he enumerates and counts the details of the matters and topics,

and also states their general principle),

only in order to <b>allude</b> to the aforementioned matter

(and especially since this is an essential matter that he should have stated <b>explicitly</b>²⁵

<b> </b>in some place in his book)

— is]

a)

The very assumption,

that regarding rabbinic commandments and prohibitions

(according to the Rambam)

the commandment is not the action but the hearing of the words of the sages,

is puzzling — and as is also proven from the fact that not all learn thus in the view of the Rambam²⁶

This is entirely dissimilar to the instructions of the aforementioned doctor,

which after all are not in themselves words of Torah²⁷,

but the rabbinic enactments and commandments are

(in general, each one of them)

a part of the laws and words of Torah; and since they are a part <b></b>

(and the main part²⁸)

of the Oral Torah,

it is understood that also their fulfillment

(like the fulfillment of the commandment of reading the Megillah,

for example)

is also according to Torah

(from the Torah)

a <b>deed </b>of a commandment²⁹,

not merely a fulfillment of the command

(the general one)

to hear the words of the sages.

2)

At any rate, one cannot say that this is the intention of the Rambam to emphasize here this matter in mitzvos derabbanan,

because the Rambam goes on further to testify and warn that the mitzvos "are not an addition to the mitzvos of the Torah"

And this is his language: If the court added etc. a decree or a ruling etc., this is not an addition, for they did not say that the Holy One, blessed be He, commanded to make an eiruv or to read the Megillah etc. And if they had said so, they would be adding to the Torah. Rather, we say that the prophets together with the court instituted them and commanded to read the Megillah at its proper time in order that etc.³⁰

And if you will say the above-mentioned answer, then this is from the outset no question: the Rambam himself indeed emphasizes

(thereby that he does not give a number of rabbinic commandments)

that rabbinic commandments are not divided as separate commandments,

but all of them are one general Torah commandment,

the rabbis follow "Do not turn aside from their words,"

then it is understood simply that there is no possibility that through this an addition to the number of commandments came about³¹,

and he does not need to explain how "they are not an addition to the commandments of the Torah" and it is not a contradiction to "Do not³²

add to it"³³.

And with this it should be said,

so from this very thing that the Rambam needs here immediately to clarify that "they are not an addition to the commandments of the Torah",

it is proven that,

on the contrary: the content of his words <b>here </b>regarding rabbinic commandments is that they are

(not a fulfillment of one commandment of the Torah — listening to the words of the sages,

but rather the opposite)

additional <b>commandments </b>

(similar to the commandments of the Torah),

which each commandment one is obligated to fulfill — an obligation according to the Torah.

And as is also proven from the precision of his language "these are the 613 commandments ..

and there are <b>other commandments that were instituted </b>after the giving of the Torah ..

<b>and for each commandment</b> <b>and commandment </b>of these there are explanations and details ..

all <b>these commandments that were instituted </b>we are obligated to accept and to keep etc.'",

d.

e.

they are other separate commandments³⁴

(not details included in the Torah commandment "do not turn aside")

which are in the same type and category as the previous 613 commandments of the Torah,

only they "were instituted <b>after the giving of the Torah </b>etc.'".

and therefore it is necessary to clarify,

that nevertheless "they are not an addition to the commandments of the Torah".

And the question returns to its place: Why does the Rambam not state the number of the &lt;b&gt;"other commandments that were renewed"&lt;/b&gt;&lt;sup&gt;35&lt;/sup&gt;

5.

And one can say the explanation of this:

In that the Rambam is precise and repeats and counts here the number of biblical commandments

and also in the continuation of his words where he explains

(as above)

how rabbinic commandments "are not an addition to the commandments of the Torah and about what the Torah warned 'You shall not add to it nor diminish from it' that a prophet is not permitted to innovate a thing and say that the Holy One, blessed be He, commanded him this commandment to add to the commandments of the Torah or to subtract one of those <b>six hundred and thirteen commandments"],</b>

And it says <b>not</b> a number in the commandments of rabbinic law — in this itself is expressed the difference between commandments of Torah and rabbinic commandments:

The Torah commandments are in count and number <b>specific and fixed — </b>one was commanded "You shall not add to it nor diminish from it" and in the language of the Rambam³⁶

"A thing <b>clear and explicit </b>in the Torah that it is a commandment standing forever and for all eternity, it has neither change nor diminution nor addition, as it is said³⁷

'Everything that I command you, that you shall be careful to do; you shall not add to it nor diminish from it.'"

But not so are rabbinic commandments,

as the language of the Rambam "commandments &lt;b&gt;that were innovated",&lt;/b&gt;

which the Sages by the power of the Torah &lt;b&gt;innovate &lt;/b&gt;"to strengthen the religion and to improve the world"

(as the Rambam says in Hilchos Mamrim&lt;sup&gt;38&lt;/sup&gt;).

D.

E.

They are — the opposite of a fixed number.

Consequently the Rambam cannot state any number for the rabbinic commandments,

&lt;b&gt;fixed &lt;/b&gt;number applies only to the Torah commandments,

not to rabbinic commandments.

6.

Furthermore: Since the Sages have an obligation to make a fence for the Torah

(in the language of the Rambam³⁹)

"according to what the hour requires" — it can be that there should come an "hour" when it is necessary to add more decrees, enactments, and customs,

rabbinic commandments — and then the Sages have an obligation to add, and an obligation upon the children of Israel to fulfill them — the additions — from the aspect of "Do not turn aside" and "to listen."

And although in practice now no new rabbinic commandments can come about,

because there is no Great Court that has the power to add enactments etc. — there are two answers in the matter:

Firstly,

this does not change the definition of rabbinic commandments,

because according to halacha there is a possibility to add to the commandments if a Great Sanhedrin would arise,

and especially in the future era,

when "And I will restore your judges as at first"⁴⁰

And in a manner similar to this explanation of the Rambam

(in his Book of Commandments⁴¹)

regarding the reason why he counts among the commandments also the commandment of destroying the seven nations — even though this is not a commandment that is applicable for generations

(since such commandments the Rambam does not count in the count of commandments)

— and this is his language⁴²

: "A matter that is concluded by achieving its purpose without that thing being dependent on a specific time, we do not say about it that it is not applicable for generations,

because it is applicable in every generation in which the possibility of that thing exists...

The general principle is: you need to understand and contemplate the difference between the commandment and the thing that was commanded about, for sometimes it is applicable for generations but the thing that was commanded about is already absent in some generation, etc.";

And likewise in our matter: although that &lt;b&gt;in practice &lt;/b&gt;

(needs)

there is not the reality of such a court that can innovate a commandment,

there is however the halacha and commandment in this,

a court that can innovate and add rabbinic commandments in this time.

And secondly it is close to say that according to the Rambam in practice can be innovated enactments

(in the category of rabbinic commandments)

even when there is no Great Court,

and it is based on the words of the Rambam in his introduction to the book Yad: "All the things that are in the Babylonian Talmud are obligatory for all Israel to follow in them and they coerce every city and every city and every country and every country to practice all the customs that the sages of the Talmud practiced and to decree their decrees and to follow &lt;b&gt;their enactments &lt;/b&gt;

(although that the "Great Court of seventy-one has been null for several years before the composition of the Talmud")

since all those things that are in the Talmud agreed upon them all Israel and those sages who enacted or who decreed or who instituted or who judged a judgment and taught that the judgment is so,

they are all the sages of Israel or most of them etc."

And from this,

that an enactment and custom that "agreed upon them all Israel" have &lt;b&gt;in all times &lt;/b&gt;the force of a rabbinic commandment.

And in particular according to the opinion of the Rambam,

then it can be when "all the sages in the land of Israel agreed to appoint judges and ordain them"⁴³,

there should be a court of ordained judges⁴⁴

with the authority of the Great Court

(and the obligation "to listen to every Great Court"¹⁷

is not connected at all with the fact that the court is located in the Chamber of Hewn Stone⁴⁵).

7.

Although in several books the rabbinic commandments are counted with a fixed number — seven rabbinic commandments⁴⁶

— and the number seven is precisely and specifically,

And it is known that the 7 rabbinic commandments together with the 613 Torah commandments is the exact number 620,

<b>crown of </b>Torah⁴⁷

Commandments

(which)

include the entire Torah

(in them there are)

620 letters,

613 letters, in each letter is inscribed⁴⁹

one commandment from the 613 commandments and the 7 extra letters are⁵⁰

7 rabbinic commandments as the early ones wrote"]

So there is no contradiction at all to the above.

Because in the books it speaks how this is <b>in actuality </b>

(including also in the future?)

Which from above it is set that there will not be in actuality more than seven rabbinic commandments

(The court which can innovate and add - will <b>commandments</b>⁵¹

<b> </b>not innovate in actuality⁵²)

And together with the Torah commandments they are 620 commandments — crown.

But from the aspect of the definition of rabbinic commandments according to &lt;b&gt;halacha — &lt;/b&gt;can come additional commandments&lt;sup&gt;53&lt;/sup&gt;

(and

(also)

upon them applies the command "according to the Torah which they will teach you" and "do not deviate").

In a slightly different style: That which "is revealed before Heaven" that in practice there will be only seven rabbinic commandments,

does not change at all that which according to halacha only rabbinic commandments can come.

Moreover: Since "authority is given to every person" — to do contrary to the Torah,

it can be that the court must &lt;b&gt;and is obligated &lt;/b&gt;to enact &lt;b&gt;and to add &lt;/b&gt;commandments for the need of the hour and one is obligated to fulfill them with a positive commandment and a negative commandment.

And it can be said an example and in the manner that the Rambam explains&lt;sup&gt;54&lt;/sup&gt;

regarding the knowledge above,

that that which "the Holy One, blessed be He, knows everything that will be",

does not compel the choice of man,

and "the deed of man is in the hand of man, etc."&lt;sup&gt;55&lt;/sup&gt;,

"authority is given to every person if he wishes to incline himself to the good side and be righteous, the authority is in his hand"&lt;sup&gt;56&lt;/sup&gt;

; and in this manner to the contrary.

And as the Rambam explains at length&lt;sup&gt;54&lt;/sup&gt;.

8.

Based on the above — that that which the Rambam does not count the number of the rabbinic commandments is because of that which according to &lt;b&gt;Halacha &lt;/b&gt;they do not have any "count" and limitation

(and the absence of measurement and limitation — is according to the Halacha of the true Torah)

It can be said,

that this corresponds with what is explained

(in the books of the great ones of Israel)

that the exact number of the seven rabbinic commandments completes the number תר״ך — <b>etc.</b>

In the manner that we find regarding the laws of the Torah, the two matters: the laws of the Torah are called⁵⁷

"crown",

<b>"the crown </b>of the Torah"; and they have no number,

as it is stated "and maidens⁵⁸

without number⁵⁹

Do not read maidens but worlds, these are <b>the laws</b> that have no number"⁶⁰.

And this depends on that: from the aspect that the laws of the Torah are connected with "crown" they are without number.

For example, like a physical crown which is above the head and encompasses the head, which shows that it is higher than the person — and together with this a true crown must be "befitting" the head⁶¹

Similarly, the "supernal crown" is above measurement and limitation,

and together with this it is the crown of action,

of formation etc. — and therefore the laws,

which are "the crown of the Torah",

are without number⁶²

And similarly

(in a slightly different style)

regarding the commandments of rabbinic origin⁶³,

which are connected with the Oral Torah "more" than ordinary laws: laws explain and interpret the Written Torah⁶⁴,

but the commandments of rabbinic origin are "other commandments <b>that were innovated"</b>⁶⁵

— being connected with the level of <b>Keter,</b>

they are both without number and limitation.

And although regarding their actual existence in the world,

and their number from the aspect of "world" in the Torah — there is a limitation in these commandments

(the seven rabbinic commandments)

— as they stand, however, in the <b>laws of the Torah</b>

(and consequently — in the Rambam's book which is — the laws of the laws)

there comes a great novelty — in the language of the Rambam <b>himself</b> as above

(at the beginning of 62)

— that they are "ascending" and "to many thousands" <b>in actuality</b>⁶⁶,

above measurement and limitation — in the value of the number of seven⁶⁷.

And through this study of the halachos in general which are called "the crown and diadem of the Torah,"

is — "Whoever studies halachos every day is assured that he is a son of the World to Come"⁶⁸.

(From the sichos of Shabbos Kodesh Parshas and the farbrengens after this — 5745)