Cited by 1Medieval and Classical PhilosophyBiblical Studies and InterpretationMedieval and Early Modern Justice

The DOI matches its Crossref record, with a small difference in title or year; 12 of the 12 references it cites were found in a registry or an index; 2 of the 54 sources its claims cite were checked for support.

Two Themes in Maimonides's Modifications to His Legal Works

Open access
Herman, Marc·2021·Journal of the American Oriental Society

Abstract

The survival of the personal copy of Commentary on the Mishnah by Maimonides (1138–1204), which he revised throughout his life, provides an unparalleled window into the ways he continually reconsidered legal and conceptual questions. This manuscript covers five of the six orders of the Mishnah and contains countless corrections and emendations, the vast majority in the author's own hand. This article argues that Maimonides's intense interest in solving problems related to the enumeration of the commandments, which he addresses at length in Book of the Commandments and, to a lesser extent, Mishneh Torah, led him to make a number of emendations to his Commentary and to rethink other aspects of his work. That is, when writing Book of the Commandments and Mishneh Torah in the decade after completing his Commentary, Maimonides tackled, and sometimes even concocted, questions that he had no reason to consider in the latter work. This study traces two ways that Maimonides's later works diverge from his earlier ones, in the meaning of Hebrew and Arabic technical terms and in increased attention to scripture in determing Jewish law, revealing a great medieval mind “in perpetual motion.”

Overview

Integrity signals

Registry

Crossref · 10.7817/jameroriesoci.139.4.0907

Cites

12 of 12 references verified0 citation errors · 0 not checkable

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Verification

Claims the paper makes

2 of 54 cited sources checked · 0 supported · 0 flagged · accuracy not yet measured

  • Findingown data

    Two simple and two more complex examples of semantic change between the Commentary and Book of the Commandments show Maimonides developing a new Hebrew and Judeo-Arabic terminology.

    “Two simple and two more complex examples of sematic changes between Commentary on the Mishnah and Book of the Commandments reveal Maimonides's development of a new Hebrew and Judeo-Arabic terminology .”
    Quote in the paperSubstantial claim
  • Findingreasoning

    Changes in word use between the Commentary and Book of the Commandments mainly concern the technical terminology Maimonides used to think through enumeration.

    “Changes in word use between Commentary on the Mishnah and Book of the Commandments primarily pertain to the technical terminology that Maimonides uses to think through the enumeration .”
    Quote in the paperSubstantial claim
  • Findingown data

    The next two examples show an evolution in Maimonides's thinking rather than a sharp break from the Commentary.

    “The next two examples are somewhat more complex and evince an evolution in Maimonides's thinking rather than a sharp break from the Commentary .”
    Quote in the paperNot a substantial claim
  • Findingown data

    Close attention to technical terms and to the sources and status of laws reveals many cases in which Maimonides silently rejected his earlier linguistic choices, rabbinic interpretations, and legal positions.

    “Close attention to these topics uncovers numerous cases of Maimonides's silent rejection of his own earlier linguistic choices, interpretations of rabbinic literature, and legal positions, revealing a great medieval mind”
    Quote in the paperSubstantial claim
  • Findingown data

    Maimonides subjected Mishneh Torah to ongoing but apparently incomplete review, as even the best editions show.

    “Maimonides also subjected Mishneh Torah to ongoing, though apparently incomplete, review, as is clear from even the best editions .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. 26
  • The quote only partly states this claim. 3
  • It may state two separate claims as one. 41
  • Probably not a substantial claim.

    Interpretationcitation

    The best translation of fiqh in Book of the Commandments is probably a divinely mandated instantiation or manifestation of a commandment, whether in the written or oral Torah.

    “The best translation of fiqh in this work is probably a divinely mandated”
    Quote in the paperSubstantial claim1 of 1 sources checked
    • cites Herman 2016: 258-59

      The passages in “The Scope of Revelation” discuss written and oral Torah and divinely revealed interpretations, but do not define *fiqh* in the Book of the Commandments. Searches for *fiqh*, “divinely mandated,” and “manifestation of a commandment” did not locate the proposed translation in our copy; the paper’s truncated end may contain relevant discussion. (LLM, conf=0.68)

      Experimental — accuracy not yet measured
  • The quote only partly states this claim.

    Interpretationreasoning

    Contradictions between Book of the Commandments and Mishneh Torah, late emendations to the Commentary, and reports by Daniel ben Seʿadya and Abraham Maimonides indicate that Maimonides at some point stopped editing Book of the Commandments.

    “If we indeed possess the”
    Quote in the paperSubstantial claim1 of 1 sources checked
    • cites Herman 2016: 276 n .1001, 309-10, 313 n .1134

      In “The 613 Commandments” (page unavailable), the source notes disagreements between Sefer ha-Miṣvot and Mishneh Torah and says Abraham Maimonides sometimes suggested that his father had changed his mind. It also identifies Daniel’s questions and Abraham’s responses, but the passages do not establish that Maimonides stopped editing Sefer ha-Miṣvot or connect that conclusion to late emendations of the Commentary. (LLM, conf=0.78)

      Experimental — accuracy not yet measured
  • It may state two separate claims as one.

    Findingcitation

    The Commentary contrasts taʾkīd and maʿnā in one passage, but its other discussions of taʾkīd in the linguistic sense concern repetition of words or letters and are likely indebted to Ibn Janāḥ's Kitāb al-Lumaʿ.

    “Maimonides does contrast the concepts of taʾkīd and maʿnā in one passage in the Commentary, 43 but every other discussion of taʾkīd there (in this linguistic sense) deals with the repetition of words or letters, analyses likely indebted to Kitāb al-Lumaʿ of Maimonides's fellow Andalusian, the philologist Jonah Ibn Janāḥ (d .ca .1050) .”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Derenbourg 1886: 278-90

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingown data

    In the Commentary, Maimonides sometimes uses miṣvah in the technical sense of a distinct enumerated commandment, but in many passages he uses it more loosely for rabbinic enactments such as lighting a Sabbath candle or making an ʿeruv.

    “In Commentary on the Mishnah, Maimonides is occasionally sensitive to a more technical meaning of miṣvah as”
    • Also stated in: § Semantic changeS · plain
      “Many passages in the Commentary use the term miṣvah more freely, however, associating rabbinic enactments with this term, such as when Maimonides labels both lighting a Sabbath candle and making an ʿeruv (mixing of boundaries to permit carrying on the Sabbath) a miṣvah .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Findingnone given

    Maimonides's personal copy of his Commentary on the Mishnah survived and he revised it over the course of his life.

    “The survival of the personal copy of Commentary on the Mishnah by Maimonides (1138-1204), which he revised throughout his life, provides an unparalleled window into the ways he continually reconsidered legal and conceptual questions .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Findingown data

    The Commentary consistently uses the Arabic root f-q-h for the human process of deriving new laws, while Book of the Commandments uses it exclusively for revealed laws that are not discrete commandments.

    “The Commentary consistently employs the root f-q-h to denote the human process of deriving new laws, but the later Book of the Commandments uses it exclusively to denote laws specified by revelation that do not constitute discrete commandments .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Findingcitation

    In Book of the Commandments, Maimonides insists that the rabbis used miṣvah for individual commandments among the 613, a view at odds with rabbinic literature and with his own usage in Mishneh Torah.

    “By contrast, in Book of the Commandments he insists that the rabbis used the word miṣvah to denote individual commandments among the 613 commandments, 33 which is clearly at odds with rabbinic literature and, as Albert Friedberg and others have noted, incompatible with Maimonides's own usage in Mishneh Torah .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Friedberg 2013: 173-206, 271-326

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    The autograph of the Commentary covers five of the six Mishnah orders and contains many corrections and emendations, mostly in Maimonides's own hand.

    “The autograph of the Commentary covers five of the six orders of the Mishnah, missing Seder Ṭohorot and scattered mishnaic chapters here and there, and contains countless corrections and emendations, the vast majority in the author's own hand, 3 providing an unparalleled window into Maimonides's thought process .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Sassoon 1956, 1: 32-39

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Maimonides mentioned Book of the Commandments twice in the Commentary, once in the main text and once in the margin.

    “A relevant piece of evidence for this is that Maimonides referred to Book of the Commandments twice in the Commentary, once in the body and once in the margin .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Qafiḥ 1963-68, 5: 178 (m .Ḥullin 1:5), 5: 121 (m .Menaḥot 4:1)

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Book of the Commandments reserves furūʿ, which it uses only once, for human expansions of divine law, whereas the Commentary uses the word in the same way.

    “Where Ḥefeṣ had used furūʿ to signify a”
    • Also stated in: § Semantic changeS · plain
      “(The Commentary uses this word identically .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Zucker 1961: 14

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may state two separate claims as one.

    Findingcitation

    The second definition appears in the second half of the marginal note, written in Quick Cursive, which Sassoon and others identified with Maimonides's later additions to the fair copy.

    “The second definition appears in the second half of this marginal note, written in what Solomon Sassoon labeled”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Sassoon 1956, 1: 19-21

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Maimonides then changed each of these passages to state that the biblical requirement extends only one day and that the requirements extending until burial are only mandated by the rabbis.

    “Maimonides then changed each of these passages to state that the biblical requirement extends only one day and that the requirements that extend until burial are only mandated by the rabbis .83”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [83]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • Rests on an assumption: Corrections and uncorrected passages in Maimonides's autograph fair copy reflect his earlier and later views, respectively.
  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Findingnone given

    The third definition develops and greatly expands a brief remark found in the first definition.

    “The third definition develops and greatly expands on a brief remark found in the first definition .”
    Quote in the paperNot a substantial claim
  • It may state two separate claims as one.

    Findingcitation

    The conclusion of a unique passage in the Commentary would lead Maimonides to count five commandments, while in Book of the Commandments he counts only four.

    “It is noteworthy that the conclusion of the unique passage in the Commentary would lead Maimonides to count five commandments, whereas in Book of the Commandments he only counts four .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Qafiḥ 1971: 229-30 (neg .no .94)

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingreasoning

    The fair copy of the Commentary contains no evidence that Maimonides tried to align the earlier text with his later conclusion, which highlights the inconsistency of his editorial process.

    “The fair copy of the Commentary preserves no evidence that Maimonides sought to bring the earlier text in line with his later conclusion, highlighting the inconsistency of Maimonides's editorial process .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Findingcitation

    Daniel ben Seʿadya ha-Bavli's text of Maimonides's Book of the Commandments contained only the impurity prohibition, while Abraham Maimonides's version seems to have contained only the unkempt hair prohibition.

    “Daniel ben Seʿadya ha-Bavli's text of Maimonides's Book of the Commandments contained only the prohibition pertaining to impurity, but Abraham Maimonides's version seems to have only contained the prohibition pertaining to unkempt hair .74”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [74]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • Rests on an assumption: The manuscript versions attributed to Daniel ben Seʿadya ha-Bavli, Abraham Maimonides, and Naḥmanides accurately reflect the contents of Maimonides's Book of the Commandments.
  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Findingnone given

    Some manuscripts of Book of the Commandments preserve changes that may seek to reduce the difference between its position and that of m. Peʾah 7:4.

    “(Some manuscripts of Book of the Commandments also preserve changes that may seek to curtail the difference between this position and that of m .Peʾah 7:4 .”
    Quote in the paperNot a substantial claim
  • It may state two separate claims as one.

    Findingcitation

    Maimonides's understanding of ʿolelot in Book of the Commandments follows Ibn Janāḥ's Kitāb al-Uṣūl, which Judah Ibn Balʿam also adopted in his commentaries on Judges and Jeremiah.

    “Maimonides's understanding of ʿolelot in that work actually follows Ibn Janāḥ's Kitāb al-Uṣūl, 63 which the Andalusian Judah Ibn Balʿam (late eleventh century) adopted in his Commentaries on Judges and Jeremiah as well .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Ibn Janāḥ's Kitāb al-Uṣūl

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Findingnone given

    The first definition, unlike the second and third, has very little to do with enumeration.

    “Without entering into sustained analysis of Maimonides's understanding of this term, it is sufficient to emphasize that the first definition, unlike the second and third, has very little to do with the enumeration .”
    Quote in the paperNot a substantial claim
  • It may state two separate claims as one.

    Findingnone given

    In Book of the Commandments, Maimonides ignores the mishnaic definition and follows the more apparent meaning of scripture, rendering ʿolelot as forgotten grapes.

    “Moving forward in time, Maimonides ignores this mishnaic definition in Book of the Commandments and instead follows the more apparent meaning of scripture, rendering ʿolelot as forgotten grapes .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one. The quote only partly states this claim.

    Findingreasoning

    The first definition begins in the body of the fair copy, continues in the margin in similar handwriting, and Maimonides almost certainly added its first part when writing the body, likely copying from an earlier draft.

    “Thus, the first definition begins in the body of the fair copy, finishes at the bottom of the page, and continues midsentence in the margin of that page in similar handwriting (the top of the next page begins a new topic) .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Qafiḥ 1963-68, 4: 238 and n .45

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    The Commentary follows one talmudic passage (b. Sanhedrin 83a) and imposes capital punishment for violating both prohibitions.

    “The Commentary follows one talmudic passage (b .Sanhedrin 83a) and imposes capital punishment for violation of both prohibitions .73”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites b. Sanhedrin 83a

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites [73]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingown data

    Maimonides presents the first two definitions in the Commentary but appears to have added the second at a later date.

    “He presents the first two definitions in the Commentary but appears to have added the second at a later date .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Findingcitation

    Naḥmanides had a text of Book of the Commandments that ignored m. Peʾah 7:4, and the editio princeps contains a criticism of the definition of ʿolelot in that work, likely drawn from the manuscript behind the 1510 edition.

    “Naḥmanides (1194-1270) clearly had a text of that work that ignored m .Peʾah 7:4, and the editio princeps of Book of the Commandments likewise contains a criticism of the definition of ʿolelot in Book of the Commandments, likely drawn from whatever manuscript served as the basis of this 1510 edition .”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Chavel 1981: 149

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    Elsewhere in the Commentary to m. Pesaḥim chap.8 (where the body of the fair copy matches Maimonides's final view) and in Mishneh Torah, Maimonides focuses on the fact that Lev.10:19 mentioned only the day of death and highlights the implication that no biblical mandate extends to the following night or to the period until burial.

    “However, elsewhere in the Commentary to m .Pesaḥim chap .8 (where the body of the fair copy matches Maimonides's final view) and in Mishneh Torah, Maimonides focuses on the fact that this verse mentioned only the day of death and he highlights the previously unmentioned implication that no biblical mandate extends to the following night or to the period until burial .86”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [86]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Findingcitation

    In Book of the Commandments, in a passage described as appended to principle nine, Maimonides mentions the first definition in passing but treats the second and the new third definition in detail.

    “Turning to Book of the Commandments, in a passage that Maimonides describes as”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Qafiḥ 1971: 37-42 (prin .nine)

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may state two separate claims as one. The quote only partly states this claim.

    Findingown data

    The three definitions are an implied prohibition, a prohibition covering many laws, and a single verb in the prohibitive mood with multiple attached objects.

    “The first renders lav she-ba-kelalut”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim.

    Findingnone given

    No surviving texts explain why Maimonides might have thought that serving in the temple with unkempt hair does not incur capital punishment.

    “No surviving texts explain why Maimonides might have thought that serving in the temple with unkempt hair does not incur capital punishment”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Findingcitation

    Ibn Janāḥ translated ʿolelot as khuṣāṣ, defining it as small grapes left over after harvest; among Arabic lexicographers repeating this definition, Ibn Sīda's works are the most proximate and likely source.

    “Ibn Janāḥ translated ʿolelot as khuṣāṣ (sing ., khuṣāṣa; vocalizations differ in medieval dictionaries), defining khuṣāṣ as small grapes left over after harvest .Among the Arabic lexicographers who repeat this definition, the works of Ibn Janāḥ's fellow Cordovan intellectual Ibn Sīda (d .1066) constitute the most proximate and likely source .”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [65]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationreasoning

    Since concerns to organize and present Jewish law shaped Book of the Commandments and Mishneh Torah, factors such as genre and Maimonides's objectives likely explain certain differences.

    “Nevertheless, given that concerns to organize and set forth Jewish law shaped his Book of the Commandments and Mishneh Torah, it is likely that factors such as genre and Maimonides's objectives do explain certain differences .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Interpretationreasoning

    Because of the scale of the task and the differing goals of the three works, Maimonides probably changed his mind on both large and small matters.

    “Given the enormity of this task and the at times divergent goals of these works, it was perhaps inevitable that Maimonides would change his mind about matters large and small .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisecitation

    Mishneh Torah is Maimonides's complete statement of Jewish law, written so that no other work would be needed to ascertain the laws of Israel.

    “And the Hebrew Mishneh Torah constitutes Maimonides's complete statement of Jewish law, written, in his words,”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Twersky 1989: 40

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may state two separate claims as one.

    Premisenone given

    Book of the Commandments seeks to identify the 613 commandments given to Moses at Sinai, a number taken from rabbinic literature, and Maimonides organizes Jewish law around that number in this work and in Mishneh Torah.

    “The Judeo-Arabic Book of the Commandments attempts to identify the 613 commandments given to Moses at Sinai, a number drawn from rabbinic literature around which Maimonides organizes Jewish law in this work and in Mishneh Torah .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    Abraham Maimonides declared that Mishneh Torah, not Book of the Commandments, contains Maimonides's final views.

    “Echoing his father, Abraham Maimonides declared that Mishneh Torah, not Book of the Commandments, contains Maimonides's final views .”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Goldberg 1867: 81-82 ( §7)

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    A colophon in an early manuscript of the commentary on Seder Ṭohorot reports that Maimonides finished the Commentary in 1168.

    “The colophon of an early manuscript of Maimonides's commentary on Seder Ṭohorot (the mishnaic order for which the autograph does not survive), copied”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Qafiḥ 1963-68, 6: 456

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationreasoning

    Maimonides's later legal works diverge from his earlier ones in two ways: the meanings of Hebrew and Arabic technical terms, and greater attention to scripture in determining Jewish law.

    “This study traces two ways that Maimonides's later works diverge from his earlier ones, in the meaning of Hebrew and Arabic technical terms and in increased attention to scripture in determing Jewish law, revealing a great medieval mind”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Premisereasoning

    Other writers had only scattered reflections on difficulties of enumeration, and Maimonides had no true predecessor, largely because he used enumeration in innovative ways.

    “Other writers had offered scattered reflections on some of the difficulties inherent in enumeration, but Maimonides had no true predecessor in this regard, largely because he deployed the enumeration in innovative ways .”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim.

    Interpretationreasoning

    Because removing inconsistencies between Book of the Commandments and Mishneh Torah would require corrections, Maimonides may have left those difficulties unresolved rather than rework the enumeration.

    “Eliminating some of the inconsistencies between Book of the Commandments and Mishneh Torah that Daniel ben Seʿadya identifies would require such corrections; therefore it is possible that Maimonides chose to leave these difficulties unresolved rather than rework the enumeration as a whole .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. It may state two separate claims as one.

    Premisereasoning

    The Commentary, Book of the Commandments, and Mishneh Torah all concern Jewish law but have different agendas and arrangements.

    “Although Commentary on the Mishnah, Book of the Commandments, and Mishneh Torah all concern Jewish law, these three books have different agendas and arrangements .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    The textual history of the Commentary has been called the most complicated of any Judeo-Arabic work.

    “There is a reason that the textual history of the Commentary has been dubbed”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Hopkins 1985: 711 source
  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    Goldziher noted that Maimonides's use of fiqh in Book of the Commandments lacked precedent in either Jewish or Muslim usage.

    “Ignaz Goldziher already noted the lack of precedent, Jewish or Muslim, for Maimonides's usage of fiqh in Book of the Commandments .”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Goldziher 1889: 81-82

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationreasoning

    Maimonides recognized that his new project required a new vocabulary for the conceptual problems of enumeration, and he shaped his technical terminology accordingly.

    “Maimonides realized that his groundbreaking endeavor demanded a new vocabulary in order to articulate the conceptual problems of enumeration, and he manipulated his technical terminology to do just that .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisenone given

    The Commentary chiefly explains the Mishnah but also contains digressions on theological and other matters.

    “The Judeo-Arabic Commentary chiefly explicates the Mishnah, the third-century foundational document of rabbinic literature, but also contains many digressions that address theological and other matters that the Mishnah treats sparingly .”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim. It may state two separate claims as one.

    Premisenone given

    Maimonides wrote three major works on Jewish law: Commentary on the Mishnah, usually dated to 1168, and in the following decade Book of the Commandments and Mishneh Torah.

    “Moses Maimonides (1138-1204) composed three major works that attempted in different ways to address the entirety of Jewish law: Commentary on the Mishnah, usually dated to 1168, and in the ensuing decade Book of the Commandments and Mishneh Torah .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. The paper’s conclusions may not depend on it.

    Premisecitation

    Ibn Janāḥ reports that his translation of ʿolelot agrees with the meaning of his preferred Arabic translation found in Arabic lexicographical books.

    “(It is noteworthy that Ibn Janāḥ recounts that his translation of the word ʿolelot accords with the meaning of his preferred Arabic translation found in”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim.

    Premisenone given

    The relevant pentateuchal prohibition (Lev.10:6) may be interpreted in opposing ways.

    “the relevant pentateuchal prohibition (Lev .10:6) may be interpreted in opposing ways”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Lev.10:6

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim.

    Premisecitation

    Scripture prohibits collecting ʿolelot in one's field.

    “One profound testimony to the extent that Maimonides went in this regard, relevant to the broader theme of this article, concerns scripture's prohibition against collecting ʿolelot in one's field (Lev .19:10; Deut .24:20) .”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites Lev .19:10

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

    • cites Deut .24:20

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Premisenone given

    These two prohibitions forbid a priest from serving in the temple with unkempt hair and from serving in the temple in an intermediate state of impurity (meḥusar kapparah).

    “These two prohibitions prohibit a priest from serving in the temple with unkempt hair and from serving in the temple in an intermediate state of impurity (known in rabbinic literature as meḥusar kapparah) .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim.

    Premisenone given

    Most modern translations understand ʿolelot as grapes forgotten during the harvest.

    “Most modern translations understand ʿolelot to be grapes that were forgotten during the harvest .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Interpretationreasoning

    The inconsistency in Mishneh Torah likely indicates that Maimonides changed his mind about the intermediate impurity prohibition but did not fully edit the text.

    “likely indicating that Maimonides changed his mind about this question but failed to fully edit the text .77”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [77]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may state two separate claims as one.

    Premisecitation

    Earlier halakhists debated the length of mourning required by scripture: Isaac al-Fāsī reports that the geonim held that scripture mandates seven days, but al-Fāsī himself held that the biblical mandate extends only one day.

    “Earlier halakhists had debated this question: Isaac al-Fāsī (d .1103) reports that the geonim held that scripture mandates seven days, but al-Fāsī himself held that the biblical mandate extends only one day .82”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [82]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationreasoning

    In this case Maimonides was guided more by scripture than by the rabbis, perhaps because Book of the Commandments focuses on written revelation.

    “In this case, Maimonides was guided more by scripture than the rabbis, perhaps a function of the focus in Book of the Commandments on written revelation .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Interpretationreasoning

    The act of composing Book of the Commandments appears to have generated this argument, since Maimonides applies it only to negative commandments, where he is especially concerned to identify divine sources for laws whose violation brings punishment.

    “Rather, the very process of writing Book of the Commandments appears to have produced this argument, because Maimonides only deploys it regarding negative commandments, where he is particularly attuned to the need to identify divine sources for laws whose violation incurs punishment .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.

    Premisecitation

    The Mishnah defines ʿolelot as underdeveloped grapes, and Maimonides's comment on that definition is unremarkable.

    “The Mishnah, however, defines ʿolelot as underdeveloped grapes (m .Peʾah 7:4) and Maimonides's comment on this definition is unremarkable .”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites m .Peʾah 7:4

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • It may state two separate claims as one.

    Interpretationnone given

    Maimonides's novel focus on the enumeration of the commandments triggered the creation of an innovative terminology and frequently stimulated him to reassess earlier interpretations of rabbinic literature and conclusions regarding Jewish law.

    “As this article shows, Maimonides's novel focus on the enumeration of the commandments triggered the creation of an innovative terminology and, frequently, stimulated him to reassess earlier interpretations of rabbinic literature and conclusions regarding Jewish law .”
    Quote in the paperSubstantial claim
  • It may state two separate claims as one.

    Interpretationreasoning

    Maimonides's attempts to delineate all of Jewish law, and his decision to situate the enumeration of the 613 commandments as the cornerstone of this project, led him to reevaluate many passages in the Commentary, some of which he altered and others he left unchanged.

    “Maimonides's attempts to delineate all of Jewish law, and his consequential decision to situate the enumeration of the 613 commandments as the cornerstone of this project, led him to reevaluate many passages in the Commentary, some of which he altered and others he left unchanged .”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationown data

    Consideration of the totality of the manuscript evidence, both from Maimonides and from his earliest readers, displays a more human and dynamic Maimonides than the accolades frequently encountered in academic and nonacademic settings.

    “Perhaps the inevitable result of new genres and intellectual frontiers, consideration of the totality of the manuscript evidence, both from Maimonides and from his earliest readers, displays a more human and dynamic Maimonides than the accolades frequently encountered in academic and nonacademic settings .”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim.

    Interpretationcitation

    The vastness of Maimonides's corpus and the survival of numerous autograph manuscripts grants access to his thinking that is virtually unmatched for medieval Jewish authors.

    “The vastness of his corpus and the survival of numerous autograph manuscripts grants access to Maimonides's thinking that is virtually unmatched for medieval Jewish authors 87”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [87]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim. It may be too vague to check against evidence.

    Interpretationreasoning

    The road from the Commentary to Book of the Commandments, and to Mishneh Torah in turn, required careful demarcation and an untiring review of the assumptions of Maimonides's youth.

    “Even if this suspicion is correct, and I am far from certain that it is, the road from the Commentary to Book of the Commandments, and to Mishneh Torah in turn, required careful demarcation and an untiring review of the assumptions of Maimonides's youth .”
    Quote in the paperNot a substantial claim
59 of 59
  • The paper relies on this without support.

    The marginal notes in the fair copy of the Commentary mostly postdate the completion of the main body of that work.

    “The marginalia in the fair copy mostly date to after the completion of what may be termed the”
  • The paper relies on this without support.

    The manuscript versions attributed to Daniel ben Seʿadya ha-Bavli, Abraham Maimonides, and Naḥmanides accurately reflect the contents of Maimonides's Book of the Commandments.

    “Daniel ben Seʿadya ha-Bavli's text of Maimonides's Book of the Commandments contained only the prohibition pertaining to impurity, but Abraham Maimonides's version seems to have only contained the prohibition pertaining to unkempt hair .74 Ḥayim Heller also suggests that Naḥmanides's version of this work accorded with Daniel ben Seʿadya's text .75”
  • The paper relies on this without support.

    Corrections and uncorrected passages in Maimonides's autograph fair copy reflect his earlier and later views, respectively.

    “In the fifth place, in the Commentary on m .Pesaḥim chap .8, the uncorrected body of the fair copy concurs, suggesting that Maimonides wrote this part of the fair copy later than the other parts”
3 of 3

Citations

Cites

Flagged first, then by citations

Research works printed but not linked: 16

  1. As far as I know, Maimonides never states this explicitly, but does imply it in several places; see, e .g ., Qafiḥ 1971: 16-17 (prin . three), 76 (pos . no . 33), 221 (neg . no . 76), 337 (neg . no . 349) . Maimonides appears to hint at this claim in two of his letters as well: see Blau 1957-61, 2: 574-75 ( §310); Shailat 1986-87, 2: 454 . Two early modern commentaries on Book of the Commandments also noticed this: see Ḥananya ben Menaḥem Qazes, Qinat sofrim, and Abraham Allegri, Lev sameaḥ, in Hillman 2002: respectively, 55-57 (prin . two), and 62 (prin . two), 70-71 (prin . two) . 73 . Qafiḥ 1963-68, 4: 195 (m . Sanhedrin 9:6); also 5: 28 (m . Zevaḥim 2:1) . On the latter passage, see Seewald 2016: 462-63 . 74
  2. Adler, A . 1987 . Ha-ʿeqronot ha-shiṭṭatiyim ki-ysod le-"ḥazarotav" shel ha-Rambam (mi-Perush ha- mishnah le-Mishneh Torah) . PhD diss ., Bar Ilan Univ . . 2001 . Yaḥaso shel ha-Rambam la-talmud ha-yerushalmi (pereq be-ḥeqer Perush ha-mish- nah le-ha-Rambam) . In Sefer zikaron la-rav Yosef ben David Qafiḥ, ed . Z . Amel and Ḥ . Sari . Pp . 202-35 . Ramat-Gan: Bar Ilan Univ . Press .
  3. Blidstein, G . 1990 . Where Do We Stand in the Study of Maimonidean Halakhah? In Studies in Mai- monides, ed . I . Twersky . Pp . 1-30 . Cambridge: Harvard Univ . Center for Jewish Studies . . 2002 . Samkhut u-meri be-halakhat ha-Rambam . Tel Aviv: Ha-qibbuṣ ha-meʾuḥad . . 2004 . The "Other" in Maimonidean Law . Jewish History 18 .2-3: 173-95 .
  4. Chernick, M . 1997 . Ha-hevdel bein miṣvah ve-halakhah be-torato shel ha-Rambam . Central Confer- ence of American Rabbis Journal 44 .2: 113-17 .
  5. Dana, N ., ed . 1989 . Kitāb Kifāyat al-ʿābidīn . Ramat-Gan: Bar Ilan Univ . Press .
  6. Friedberg, A . 2013 . Crafting the 613 Commandments: Maimonides on the Enumeration, Classification and Formulation of the Scriptural Commandments . Boston: Academic Studies Press .
  7. U . Ehrlich, H . Kreisel, and D . Lasker . Pp . 151-82 . Beersheva: Ben-Gurion Univ . of the Negev Press . . 2018 . Misgarto shel minyan ha-taryag ke-shiqqul be-hakhraʿat ha-halakhah shel ha-Ram- bam: Shete sugyot . In Halakhah u-mishpaṭ: Sefer ha-zikaron li-Menaḥem Elon, ed . A . Edrei et al . Pp . 373-97 . Tsafririm: Nevo, 2018 .
  8. Israel, A . 2007 . Perush rabbi Mosheh Ibn Tibbon le-azharotav she-ḥiber r . Shelomoh Ibn Gabirol . MA thesis, Ben Gurion Univ .
  9. Makdisi, G . 1981 . The Rise of Colleges: Institutions and Learning in Islam and the West . Edinburgh: Edinburgh Univ . Press .
  10. Neubauer, A ., ed . 1875 . The Book of Hebrew Roots . Oxford: Clarendon Press .
  11. Perez, M ., ed . 1970 . Perush li-v-midbar u-dvarim: (Min Kitāb al-Tarjīḥ) le-Yehudah ben Shemuʾel Ibn Balʿam . MA thesis, Bar Ilan Univ . , ed . 2002 . Perush R. Yehudah Ibn Balʿam le-sefer yirmeyahu: Ha-maqor ha-ʿarvi ʿal-pi kitve-yad mi-tokh shene ha-osafim shel Firḳoviṣ . Ramat-Gan: Bar Ilan Univ . Press .
  12. H . Kreisel, B . Huss, and U . Erlich . Pp . 71-82 . Beersheva: Ben-Gurion Univ . of the Negev Press .
  13. Soloveitchik, H . 1980 . Maimonides' ʾIggeret Ha-Shemad: Law and Rhetoric . In Rabbi Joseph H. Look- stein Memorial Volume, ed . L . Landman . Pp . 281-319 . New York: Ktav . Repr . in idem, Collected Essays, 2: 288-330 . 2 vols . Oxford: Littman Library of Jewish Civilization, 2014 .
  14. Steiner, R . C . 2010 . A Biblical Translation in the Making: The Evolution of Saadia Gaon's Tafsīr . Cambridge: Harvard Univ . Press .
  15. Toitou, E . 2003 . "Ha-peshaṭot ha-mitḥadshim be-khol yom": ʿIyyunim be-ferusho shel Rashbam la- torah . Ramat-Gan: Bar Ilan Univ . Press .
  16. Zucker, M . 1961 . Qeṭaʿim ḥadashim mi-Sefer ha-miṣvot le-r . Ḥefeṣ ben Yaṣliaḥ . Proceedings of the American Academy of Jewish Research 29: 1-68 .

Cited by

Metadata

Authors
Herman, M.
Corresponding author
Herman, Marc
Venue
Journal of the American Oriental Society
Published
2021-09-19
Volume
139
Issue
4
ISSN
  • 0003-0279 (ISSN-L)
  • 2169-2289
OpenAlex
W2995904981
Cited by
1
References
11
FWCI
1.14
Type
journal article
Language
en
Open access
Locations
Journal of the American Oriental Society (publishedVersion)
Topics
  • Social Sciences › Arts and Humanities › Philosophy › Medieval and Classical Philosophy
  • Social Sciences › Arts and Humanities › Religious studies › Biblical Studies and Interpretation
  • Social Sciences › Arts and Humanities › History › Medieval and Early Modern Justice
Keywords
Maimonides, Mishneh Torah, Mishnah, emendation

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