חדש באתר: עוזר בינה מלאכותית המבוסס על כתביו ושיעוריו של הרב מיכאל אברהם

Maimonides and Nachmanides on the Relationship Between the Plain Meaning and Midrashic Interpretation

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.

🔗 Link to the original lecture

🔗 Link to the transcript on Sofer.AI

Table of Contents

  • [0:05] Maimonides’ sources for a law given to Moses at Sinai
  • [0:05] Maimonides’ sources and a law given to Moses at Sinai
  • [1:36] The rabbinic definition of Maimonides’ laws
  • [1:44] Maimonides’ criterion for a Torah-level law
  • [3:00] Nachmanides’ critique of Maimonides
  • [4:02] Nachmanides’ difficulties with Maimonides
  • [5:30] Introduction to Sefer HaMitzvot – punishment and warning
  • [5:37] Warning and punishment in the opening of commandments
  • [7:41] The warning-source through analogy
  • [8:42] The prohibition on deriving punishment by logic
  • [8:54] The rule: “We do not punish based on logical derivation”
  • [17:39] The division between Written Torah and Oral Torah
  • [21:55] The principle of a single interpretation
  • [21:55] Plain meaning – one interpretation for every verse
  • [25:29] Nachmanides’ critique of Maimonides’ theory
  • [29:26] Fear of God and reverence for Torah scholars
  • [29:26] The exposition of fearing God and fearing Torah scholars
  • [31:51] Maimonides’ first innovation – interpretive exposition
  • [31:51] Maimonides’ innovations: exposition as expansion rather than uncovering
  • [33:17] Nachmanides’ position against Maimonides
  • [33:17] Nachmanides’ critique of Maimonides’ innovation
  • [35:17] The example of the priestly garments and the verse “linen”
  • [35:17] The example of the priestly garments and the expositions on the word “linen”
  • [37:58] Maimonides’ passage on six-fold thread in garments
  • [38:24] Maimonides’ passage on six-fold thread and single-strand linen
  • [43:11] Halakhic implications of exposition according to Maimonides

Summary

General Overview

The text presents a reading of Maimonides according to which both a law given to Moses at Sinai and a law derived through exposition may be considered laws of the Sages, rabbinic, and accordingly the question of what counts as Torah-level and what counts as rabbinic depends on the combination of a tradition from Sinai and an exegetical anchoring in the written verse. It explains apparent contradictions in Maimonides by distinguishing between a law given to Moses at Sinai that interprets a law written in the Torah, and a law given to Moses at Sinai that introduces an entirely new law, and it maintains that Maimonides requires two conditions for a law not stated explicitly in the Torah to be Torah-level: a tradition from Sinai and an exposition that anchors it in a verse. It presents Nachmanides’ sharp objection to this method, the interpretation of the Tashbetz, who limits Maimonides’ words to source rather than legal force, and brings evidence from Maimonides himself in the introduction to Sefer HaMitzvot, where real halakhic implications are evident in defining exposition as originating with the Sages. It attributes the root of the dispute to Maimonides’ interpretive theory that every verse has one correct interpretation, namely the plain meaning, and that exposition is expansion rather than uncovering, and it shows a unique halakhic implication of this in the law of priestly garments, where Maimonides rules against the straightforward implication of the Talmudic exposition in Yoma.

A law given to Moses at Sinai as rabbinic and doubt treated leniently

Maimonides appears in several places as someone who also assigns a law given to Moses at Sinai the status of a law of the Sages, rabbinic, and in the Mishneh Torah there are places that seem contradictory on this point. The text suggests distinguishing between a law given to Moses at Sinai that interprets an existing Torah law, in which case the result is Torah-level, and a law given to Moses at Sinai that introduces a new law, in which case the result is of rabbinic origin. In his Commentary on the Mishnah to Kelim, Maimonides relates to a law given to Moses at Sinai as genuinely rabbinic, to the point of implying that in a case of doubt one would rule leniently. There he excludes the issue of prescribed measures, because the measures are an interpretation of the measures of laws written in the Torah, and therefore their result is Torah-level.

Maimonides’ criterion for Torah-level law: tradition from Sinai and an exegetical anchor in Scripture

Maimonides is presented here as holding that a Torah-level law, in cases not explicitly written in the Torah, requires two conditions together: a tradition to Moses from Sinai and an exegetical anchoring in the verse. The text excludes laws accepted even by the Sadducees, that is, laws written explicitly in the Torah, and applies the criterion only to laws that are not written explicitly and do not emerge from the plain meaning as opposed to exegetical interpretation. The text defines a law given to Moses at Sinai in Maimonides as something given to Moses at Sinai that has no anchor in the written verse and no exposition at all; therefore it is rabbinic. And it defines an exegetically derived law for which there is no tradition from Sinai as a creative exposition, which is also rabbinic. The text concludes that the absence of either of these two components makes the law rabbinic, and only the combination of both makes it Torah-level.

Nachmanides’ objection and the difficulty in combining two conditions

Nachmanides asks how it can be that a Sinai tradition by itself is not enough to make a law Torah-level, and exposition by itself is not enough either, yet the combination of the two is enough. Nachmanides attacks this principle as uprooting major foundations in the Talmud and calls the result “evil and bitter” for students of the Gemara, to the point of saying, “let this thing be buried and not said.” The text promises to explain later how the combination can have this power, and connects it to the role of tradition as revealing that in a given case the exposition is uncovering rather than expanding.

The Tashbetz’s interpretation versus Nachmanides’ understanding: source of the law or its legal force

Nachmanides understands Maimonides literally: that a law derived through exposition is rabbinic in every practical respect, including doubt treated leniently and all the practical consequences that come with that. The Tashbetz proposes that Maimonides means only the source of the law, not its halakhic status, so that “from the words of the Sages” describes the fact that the Sages established the source through exposition, but the legal result is Torah-level. The text notes that most later interpreters of Maimonides follow the Tashbetz, but maintains that this limitation “almost cannot be said in its plain sense,” and that there is room to discuss how far one can really adopt it.

Evidence from Maimonides in the introduction to Sefer HaMitzvot: warning derived by logic and halakhic implications

Maimonides writes in the introduction to Sefer HaMitzvot that whenever a punishment is mentioned in the Torah, it is clear that there is also a warning, because “Scripture does not punish unless it has first warned,” and sometimes the warning is not explicit but is learned by analogy. Maimonides deals with the rule “we do not derive a warning by logic” and explains that where there is an explicit punishment in the Torah, one may derive the warning by analogy in order to reinforce the methodological rule, but where there is no explicit punishment, one does not derive a warning by logic. The text concludes that for Maimonides, “we do not punish based on logical derivation” and “we do not derive a warning by logic” are understood as applying to all thirteen hermeneutical principles, not just to an a fortiori argument, and that this fits with the second root, according to which a law derived by exposition is from the words of the Sages. The text states that the implication is that one does not punish and does not flog for something learned through logical derivation when no punishment is explicit, and from this it follows that Maimonides means not only a mapping of source but also an actual halakhic statement.

The limits of the implications: stringency in cases of doubt and the question of a graded continuum

The text distinguishes between the basic classification as rabbinic and the question whether all rabbinic rules apply to it in full, and raises the possibility that the implications are not as sweeping as Nachmanides understood. The text argues that in the author’s view, stringency in cases of doubt is not itself a Torah-level obligation even according to Maimonides, though it does not enter that discussion here. The text suggests that according to Maimonides there is no sharp dichotomy between Torah-level and rabbinic, but rather a continuum of levels of connection between the law and the written verse, ranging from “fully Torah-level” to “not Torah-level at all,” and this is sometimes identified with an asmakhta.

The interpretive plane: “A verse does not depart from its plain meaning” as a single interpretation

Maimonides bases his view on the principle “a verse does not depart from its plain meaning” and interprets it to mean that every verse has exactly one correct interpretation, namely the plain meaning, and that whatever is learned through exposition is not the interpretation of the verse but an external expansion. Maimonides criticizes the author of Halakhot Gedolot for counting Torah commandments on the basis of expositions when “the plain meaning of the verse does not indicate” them, and maintains that the criterion for counting the commandments is what the plain sense of the verse indicates. The text emphasizes that Maimonides’ understanding of the principle differs from the common understanding, in which the plain meaning retains significance alongside exposition, and presents Maimonides’ view as a theory of a single interpretation that therefore denies exposition the status of “written in the Torah.”

Nachmanides’ response: commandment-expositions are included in the language of the verse, and inner and outer are both true

Nachmanides says that Maimonides “hung this falling mountain on a hair,” by making everything depend on “a verse does not depart from its plain meaning,” and he rejects the assumption that there is only one correct interpretation. Nachmanides argues that the commandment-expositions do not remove the verse from its plain meaning, but rather “all of them are included in the language of the verse,” even when they involve extensions. Nachmanides formulates the idea that exposition and plain meaning are “both true, inner and outer,” and presents the possibility of multiple true interpretations as the foundation that allows one to see expositions as uncovering what is latent in the verse and therefore as Torah-level.

Explaining the power of the combination: tradition as revealing that exposition uncovers rather than expands

The text suggests that the combination of a Sinai tradition with exposition works in this way: the tradition teaches that in the specific case the exposition is not an expansion but a revelation of the verse’s intent. The text uses the example “You shall fear the Lord your God” — to include Torah scholars — and explains that without tradition, the exposition is perceived as creating an expansion and therefore is not Torah-level, whereas a tradition could reveal that the verse itself includes the obligation within the framework of fearing God. The text ties this to Maimonides’ basic assumption that exposition is, by its nature, an expanding tool, and therefore requires special traditional confirmation in order to become an uncovering tool.

A double innovation in Maimonides: interpretive and halakhic, and the focus of Nachmanides’ attack

The text defines two innovations in Maimonides: an interpretive innovation according to which exposition expands rather than uncovers, and a halakhic innovation according to which what emerges from the hermeneutical methods of exposition has a lower status and is defined as rabbinic. The text says that usually discussion of Maimonides focuses on the halakhic innovation because it arouses opposition, but that Nachmanides mainly attacks the interpretive foundation. The text argues that had Nachmanides been convinced by the interpretive theory that exposition is not the meaning of the verse, he would in principle have agreed that a law not latent in the Torah is from the words of the Sages.

The example of priestly garments: a halakhic implication of the interpretive theory even without classifying it as rabbinic

The text brings the Talmudic exposition in Yoma on the repeated word “linen” in the priestly garments, according to which one occurrence is needed for itself and the remaining occurrences are expounded to teach six-fold thread, twisting, inclusion of garments in which “linen” is not said, and invalidation if missing. Maimonides rules in the laws of Temple vessels that wherever “linen” or “twined linen” is stated, the thread must be six-fold, but in a place where “bad” is stated, a single thread is valid and six-fold is only the preferred way, and the commentators note that this goes against the Gemara. The text explains that Maimonides distinguishes between what counts as the content of the verse itself and what is learned by extension through “if it is not needed for the matter itself,” and therefore the requirement is indispensable only for what is “written here,” not for the law extended to garments of “bad.” The text concludes that this is a unique example in which Maimonides’ interpretive stance by itself produces a halakhic result, even for someone who rejects his halakhic innovation that laws derived by exposition are rabbinic.

Full Transcript

[Speaker A] There’s a nice point here in Maimonides; there are several sources in Maimonides—

[Rabbi Michael Abraham] —from which it emerges that even a law given to Moses at Sinai is a law from the words of the Sages, rabbinic. In the Commentary on the Mishnah in several places, and in the Mishneh Torah there’s a bit of a contradiction about this; there are places where it seems one way and places where it seems the other way. I think those contradictions can be explained through a distinction similar to the one Maimonides makes here regarding laws that emerge from expositions: a law given to Moses at Sinai that comes to interpret an existing law is of course an interpretation, and what that creates is a Torah-level law. But a law given to Moses at Sinai that introduces a new law, an innovative law, that is a law from the words of the Sages. I’m not going into that right now, but for our purposes, if that really is the case—by the way, there in the context of a law given to Moses at Sinai Maimonides says even more than that, and therefore really in a case of doubt we would rule leniently. Maimonides writes in the Commentary on the Mishnah to Kelim—laws of slaughtering, or maybe somewhere else, but in the Commentary on the Mishnah to Kelim you can see that Maimonides treats this as genuinely rabbinic law, meaning that in a doubtful case it should also be ruled leniently. And there he explains why it is not lenient there, because there it’s talking about prescribed measures. So the measures are a law given to Moses at Sinai, but the measures are measures for laws written in the Torah. So what I said before: when a law given to Moses at Sinai interprets some law written in the Torah, then certainly the result is a Torah-level result. But if it introduces a new law, then the result is rabbinic.

But as far as our discussion goes, what comes out from Maimonides here is that both a law given to Moses at Sinai and a law learned from exposition are rabbinic laws. And that basically means the following: according to Maimonides, a Torah-level law requires two conditions. There has to be a tradition regarding it going back to Moses at Sinai, and it also has to have an exegetical anchor in the written verse. I’m not talking, of course, about things that the Sadducees agree to—that is, laws explicitly written in the Torah. Those are certainly Torah-level; that’s not what we’re discussing. We’re talking about laws that are not written explicitly in the Torah and do not emerge from the plain meaning, as distinct from an exegetical interpretation. There Maimonides gives this criterion: if there is both a tradition and an exposition that anchors that tradition in the verse, then that too is Torah-level. If one of those two requirements is missing, then it becomes a rabbinic law.

So a law given to Moses at Sinai—we have a tradition about it, but we don’t have… A law given to Moses at Sinai, in the technical professional sense, is not everything that was given to Moses at Sinai. It means something given to Moses at Sinai for which we have no textual anchor, meaning no exposition either. That is what Maimonides calls a law given to Moses at Sinai, and that is rabbinic. And an exegetical law for which we have no tradition from Sinai—we only have the exposition, meaning a creative exposition—that too is rabbinic. You need both requirements for the law to be a Torah-level law.

Nachmanides already objects to this point, because he really doesn’t understand what Maimonides is doing here. How can it be that each of these two requirements on its own does not make the law a Torah-level law—meaning, a tradition from Sinai is not enough to make a law Torah-level; an exposition that anchors the law in the verse is also not enough to make the law Torah-level—but the combination of the two is enough? How does the combination do what neither of the two components can do on its own? I’ll comment on that later.

In any case, regarding Maimonides’ innovation here in the second root, the commentators on Maimonides disagreed about what he means. Nachmanides understood Maimonides literally: that a law that arises from exposition—that is, a creative exposition—is genuinely rabbinic in every respect, with doubt ruled leniently and all the implications of rabbinic law. That is indeed very problematic. Nachmanides here raises bundles and bundles of difficulties from the Talmud, from logic, from the Talmud again, from all sorts of angles—but that’s how he understood Maimonides.

In contrast to Nachmanides, the Tashbetz began a different path. The Tashbetz—and afterward he writes that this interpretation he arrived at in Maimonides found great favor—that Maimonides really intends only to speak about the source of the law, not its legal force. When Maimonides says that a law created by exposition is a law “from the words of the Sages” or rabbinic, that only means that the source of the law is from the Sages, from the rabbis. But the legal status of that law is Torah-level. In other words, there is some kind of meta-halakhic statement here, a statement in the theory of Jewish law, but not a legal ruling. There is no legal distinction here between a creative exposition and a supportive exposition.

Following the Tashbetz, and certainly most of the later commentators on Maimonides, take that approach: that Maimonides too agrees this is Torah-level, and he uses the term rabbinic here only to speak about the source of the law, not its legal status. This, taken literally, can almost not be said. The question is how far one should avoid saying it—that’s worth discussing, and I’m not going into the details now. I’ll just bring one example, one example from Maimonides himself.

Maimonides, in the introduction to Sefer HaMitzvot—look at the second page of the source sheet—Maimonides writes there as follows: “Whenever it is written in the Torah that whoever performs a certain act shall be put to death or becomes liable to karet, we know in truth that that act is forbidden and that it falls under a negative commandment.” Meaning, if it says there is a punishment, then clearly there is also a warning. “Now sometimes the warning is explained in the text and the punishment is not explained, and sometimes the punishment is mentioned and the warning is mentioned,” like desecrating the Sabbath and idolatry: “You shall do no work,” “You shall not worship them,” and afterward the Torah imposes stoning on one who did the work or worshipped. “And sometimes the warning is not explained in the verse as a simple negative commandment, but only the punishment is mentioned and the warning is left unstated.” Meaning, there are cases where the verse contains only the punishment and the warning is not written.

“But our principle, our rule, is that Scripture does not punish unless it has first warned, and it is impossible for there not to be a warning for anything for which a punishment is incurred.” Meaning, if there is a punishment, then clearly there is a warning; without a warning you cannot impose punishment. That’s really a theoretical statement, because even when only the punishment is written, we always ask: we found the punishment, but from where do we know the warning? After all, there can’t be punishment without warning. We always find some warning, and only then do we punish; we don’t leave verses orphaned. So theoretically, if we found a punishment and could not find a warning, we would have to refrain from punishing, even if the Torah says “he shall surely be put to death,” or says he should receive lashes or something like that. Such a thing is impossible.

So what do we do with that verse? This is basically a methodological rule, a guiding principle that tells us: if we found a punishment, then usually—not usually, always—we have to look for some warning too, because otherwise the Torah would not have imposed punishment. And the well-known words of Sefer HaChinukh on this in commandment 65—I won’t go into that here. There is also an interesting Minchat Chinukh on this regarding one who suppresses his prophecy; he talks there about Jonah, that maybe there we found a punishment without a warning—but look that up in your free time.

And when the warning is not explained explicitly in the verse, says Maimonides, “it is learned by analogy from the Torah’s analogies,” as they mentioned with the warning against cursing one’s father or mother and striking one’s father or mother, where the warning is not explained in the verse at all. It does not say, “Do not curse your father,” and it does not say, “Do not strike your father,” but one who strikes or curses is liable to death. So in the Torah we found only the punishment and not the warning. “And we know that these are negative commandments, and we derived the warning for them and similar cases from elsewhere by way of analogy.”

So sometimes, says Maimonides, when we find a punishment, there clearly must also be a warning—but we won’t always find the warning explicitly in the verse. Sometimes we’ll find it by way of analogy, through exposition. “And this does not contradict their statement, ‘We do not derive a warning by logic.’” Maimonides says that if we find the warning by analogy, through exposition, then seemingly this contradicts the rule that we do not punish based on logical derivation. That “seemingly” is very strange, really very strange, because in the standard conception “we do not punish based on logical derivation” refers only to an a fortiori argument. “Din” means an a fortiori argument—“is it not a logical inference?” Yes, “din” there means that. We do not punish based on logical derivation means we do not punish based on an a fortiori argument. For Maimonides it’s not like that. For him, “we do not punish based on logical derivation” means we do not punish based on anything derived from the thirteen hermeneutical principles. That is called “din.” And Nachmanides already attacks him on that point too; maybe I’ll say something about that later.

So this does not contradict the rule “we do not derive a warning by logic.” Now it’s clear to us what troubles Maimonides. Maimonides says: how can it be that the warning we find can come from “din,” from exposition? After all, we do not derive a warning by logic—you cannot punish on the basis of a warning that itself comes from logical derivation. “Nor does it contradict their constant expression, ‘Do we derive a warning by logic?’ For we only say that we do not derive a warning by logic in order to forbid that for which no specific prohibition was made clear through analogy. But when a punishment is explicitly found in the Torah for someone who does that act, then we know necessarily that the act is forbidden and one is warned against it, and we derive the warning by analogy in order to strengthen for us the principle of their statement that Scripture does not punish unless it has first warned. And once a warning has been established for that matter, the one who transgressed and did it becomes liable to karet or death. Know this introduction and remember it together with the previous roots.”

What is he really saying? He’s saying this does not contradict the rule that we do not derive a warning by logic, because in a case where the punishment is explicitly written in the Torah, then even a warning derived by logic is sufficient. In a case where there is no punishment written in the Torah and we derive the warning by logic, then we do not derive a warning by logic. But where the punishment is explicit, and all we need is just the basis for the warning, then exposition is enough for that too.

So first of all, in Maimonides, even before the whole issue of “we do not derive a warning by logic,” which I’m not planning to discuss here, you can infer the negative from the positive. In other words, where the punishment is not written and we found a warning learned by one of the hermeneutical methods, then indeed we do not derive a warning by logic. Only where the punishment is written and we found the warning through exposition is it okay. But if the punishment is not written, then we do not derive a warning by logic. That of course joins what we saw in the second root, where Maimonides says that things learned through exposition have the status of rabbinic law. According to Maimonides, “we do not derive a warning by logic” means that it is rabbinic and not Torah-level, and that there are practical consequences: we do not punish for it, we do not administer lashes for it, and so on. Meaning, Maimonides apparently intends here to make a halakhic statement too, not just a statement about the source of the law. There is also a legal issue here.

How far do we go with that legal aspect? When we speak of a rabbinic law, a law of creative exposition that is rabbinic—do we also say that in a doubtful case we rule leniently? Do we also apply all the implications of ordinary rabbinic law to it? That’s not so simple. In my humble opinion, a Torah-level doubt—but even according to Maimonides, stringency in doubt is not itself Torah-level; it’s just stringency in doubt. But I’m not going into that whole topic here.

As I said, Nachmanides understood Maimonides literally, that Maimonides means exactly that this law is a rabbinic law. Therefore, if you look near the end of his glosses, in the last three lines of Nachmanides’ objections on the second page already: “And this is what I had in mind to write on this principle, in the utmost brevity.” Nachmanides’ “utmost brevity” is hard enough to survive, for anyone who knows these glosses—but apparently he had much more to write and didn’t write all of it. “And I know that many more teachings in the Gemara contradict it. For this book of the Rabbi”—meaning Maimonides—“is full of sweetness and altogether delightful, except for this principle, which uproots great mountains in the Talmud and topples fortified walls in the Gemara, and for students of the Gemara the matter is evil and bitter. Let this thing be buried and not said.”

In other words, Nachmanides says: he has other disagreements with Maimonides too; this is not the only one. But it seems to me that this is the only place where he really expresses himself in such extreme terms. Because Nachmanides understands that here there is a very, very fundamental departure from the framework of the tradition we received. This is not some local disagreement. There is something here that really goes against everything accepted in our hands: that a law derived from exposition would be rabbinic rather than Torah-level. The whole Talmud is full of evidence against that claim. And in the end Nachmanides says: you simply cannot say such a thing. This is not a dispute one can treat as two legitimate sides; it is outside the framework.

Now, regarding this determination of Maimonides, it can be discussed on two planes—which are really three. One can discuss it—and whoever discusses it usually does so on this plane—as a question of what halakhic theory, really meta-halakhic theory, stands behind this determination. In other words, how does Maimonides understand the concepts of Torah-level and rabbinic? How does he arrive at the conclusion that laws derived from exposition are rabbinic laws? That is the plane of legal theory.

Apparently the meaning of the concepts Torah-level and rabbinic in Maimonides is not the meaning we usually know. Although, as I said before, I personally am fairly convinced that Maimonides also intended practical legal implications. But they are not as sweeping as Nachmanides at least thought Maimonides meant. There is something mixed here, and in Maimonides the concepts Torah-level and rabbinic are defined differently. Maybe I’ll say more about that later.

I’ll already say here that according to Maimonides there is probably a continuum of levels. It is not divided in a sharp dichotomy into Torah-level and rabbinic. There is a continuum of levels. There is fully Torah-level, almost Torah-level, somewhat Torah-level, very slightly Torah-level, and completely not Torah-level. Sometimes we identify that with asmakhta; the well-known words of the Ritva who says that asmakhta is—but I won’t go into that here. That’s the first plane.

And the second plane is the question of Maimonides’ interpretive theory. Meaning: how does Maimonides relate to the concept of exposition? What is exposition at all? What is exposition as opposed to plain meaning? Once we understand what exposition is as opposed to plain meaning, then we may also understand Maimonides’ meta-halakhic and halakhic determinations that revolve around this concept called exposition. Here of course the question is: what is the relationship between the law learned from exposition and what is written in the verse? To what extent is it connected to what is written… to what is written in the verse.

And if I go back for a moment to the first plane: on the first plane we talked about legal status, or the meta-halakhic theory that deals with the question of what is Torah-level and what is rabbinic. Here I’m talking about the interpretive root, which is the root of that same meta-halakhic issue. In other words, the relationship between exposition and plain meaning basically determines what is Torah-level and what is rabbinic.

And maybe I’ll already say something here. Maimonides—I’ll jump ahead to the conclusion regarding the first plane. Maimonides interprets the concept Torah-level as opposed to rabbinic as something found in the Torah versus something not found in the Torah. That is the difference between Torah-level and rabbinic. And I’ll sharpen that through comparison to another distinction familiar to us: the distinction between Written Torah and Oral Torah. That is not a distinction with much legal significance, maybe on the margins. It’s a meta-halakhic or philosophical distinction, if you want to call it that, between Written Torah and Oral Torah. It is obviously not the same as the distinction between Torah-level and rabbinic, and Written Torah and Oral Torah. Written Torah and Oral Torah are both subcategories of Torah-level law. There is Torah-level law that is Written Torah, and Torah-level law that is Oral Torah. The question whether rabbinic law in the traditional sense—I mean decrees, fences, enactments—is also called Oral Torah, at some point that too seems to have been accepted somehow, but originally I think the distinction between Written Torah and Oral Torah refers to two subcategories within Torah-level law.

For Maimonides it is not so. Maimonides identifies these two distinctions, and for him the distinction between Written Torah and Oral Torah overlaps with the distinction between Torah-level and rabbinic. Written Torah is Torah-level, and Oral Torah is rabbinic. When Maimonides uses the concept Torah-level, he interprets it literally. Torah-level means “in the Torah,” that is, from the Torah, taken from the Torah, found in the Torah. That is called Torah-level. What is not taken from the Torah is not Torah-level. What belongs to Oral Torah is not taken from the Torah, so it is not Torah-level.

And just to summarize in relation to what I said before: now perhaps one can also understand the different gradations between Torah-level and rabbinic that I mentioned in Maimonides. Maimonides sees the levels of connection between a law and what is written in the verses as a continuum. It’s not either it’s there or it’s not there. Some things are fully there, some are a bit less there, and the tighter that connection is, the closer we get to the concept of Torah-level.

But as I said earlier, the root of this innovation in Maimonides lies on the interpretive plane. And Maimonides himself—look at the root… in his words in the section “And ignorance has already reached them,” the second paragraph I brought. “And ignorance has already reached them”—he argues with the author of Halakhot Gedolot, as is his way in the roots. “Nothing is harder than this: when they found an exposition on a verse from which they derived an obligation to perform some action or avoid some matter, and all of these are, without a doubt, rabbinic, they counted them among the commandments, even though the plain meaning of the verse does not indicate any of those matters.” What is that “even though”? In other words, the author of Halakhot Gedolot does something outrageous: he counts as a Torah-level law something whose plain meaning does not indicate it. So what? Everybody counts such things. Lots of laws learned from exposition are things the plain meaning of the verse does not indicate, and we usually count them among the commandments.

Maimonides obviously understands that this is the criterion. Something the plain meaning of the verse indicates can enter the count of commandments and be considered Torah-level. Something the plain meaning of the verse does not indicate—even if… “with the principle our Sages of blessed memory gave us, namely their saying: ‘A verse does not depart from its plain meaning.’ And the Talmud asks everywhere: ‘What is the verse itself speaking about?’ when they found a verse from which many things are learned by way of explanation and proof.” Yes, “the Talmud asks everywhere” is a bit exaggerated, people have already pointed that out. Maybe there’s one or two places. In any case, Maimonides grounds his determination in this principle that a verse does not depart from its plain meaning.

Usually, when we understand the principle “a verse does not depart from its plain meaning,” we understand that besides the exposition we learned, of course the plain meaning also retains significance—how it is written in its straightforward sense. “An eye for an eye”—we expound that as monetary compensation, but at the end of the day the Torah said “an eye for an eye.” So why did it express itself that way? Apparently the plain meaning also has something to tell us. According to at least one opinion, the simple explanation is that we assess the value with reference to the eye of the injured party. That is, of course, a direct implication of the plain meaning. When one person puts out another’s eye, the law really says that in place of the eye he removed, the attacker’s eye should be removed. Only the exposition tells us that we don’t actually take an eye; instead we pay money. But what money? Money corresponding to the eye he should have had to lose on my account, not corresponding to his own eye. So really it’s a combination of the exposition and the plain meaning. True, we don’t rule that way in practice. But in principle, “a verse does not depart from its plain meaning” is usually interpreted to mean that besides the exposition, you also should not ignore the straightforward wording.

But Maimonides doesn’t understand it that way here. Maimonides attacks exactly at this point. Maimonides says: “a verse does not depart from its plain meaning” means that every verse in the Torah has only one correct interpretation. That is Maimonides’ interpretive method. Maimonides says every verse in the Torah has only one correct interpretation, and that interpretation is what we call the plain meaning. I’m not going now into the question whether that means literal plain meaning or what exactly the criterion for plain meaning is. The most correct interpretation, however you arrive at it in the verse—that is what is called plain meaning, and that is the only true interpretation the verse has. Nothing else can count as an interpretation of that verse. Consequently, you cannot count what emerges from exposition among the commandments or treat it as Torah-level. Why? Because it is not the interpretation of the verse. It is not written in the verse. As I said earlier, only something that is in the verse, only something written in the Torah, is defined as Torah-level.

[Speaker A] What about things that come up in the section on forbidden sexual relations—there’s no explicit prohibition of a father with his daughter. So that’s not Torah-level?

[Rabbi Michael Abraham] Fine, I’m not getting into specific questions now. There are books and long articles on how this Maimonides is reconciled, because he himself brings laws like that. Fine, it could be that there there was also a tradition in addition to the exposition. There are all sorts of solutions. Maimonides says that when there is a tradition in addition to the exposition, then yes, it is Torah-level. Okay? I’m not getting into specific questions now.

In any case, this is what Maimonides understands. The anchor, the fundamental basis of his innovation, is really an interpretive basis. And Maimonides’ interpretive theory is that every verse has only one correct interpretation. There is no more than one correct interpretation.

And now of course the question arises—and Nachmanides felt this, and maybe I’ll even read now from Nachmanides’ words. Nachmanides sensed the heart of the dispute, and that is exactly where he puts his finger, and he did not accept it. I’ll read from the third paragraph. “And behold, the Rabbi has hung this falling mountain on a hair. He said: the principle our Sages of blessed memory taught us is their statement, ‘A verse does not depart from its plain meaning.’” Right? He hung the falling mountain on a hair. Nachmanides also senses that everything depends on this point. It all depends on this interpretive question, and from here Maimonides proceeds, so Nachmanides attacks him exactly there. “And the Talmud’s language searches everywhere and says, ‘What is the verse itself talking about?’ Heaven forbid—for all the expositions concerning commandments,” that is a very interesting point, the expositions concerning commandments—as opposed to what, maybe as opposed to aggadic midrash—“do not remove the verse from its plain meaning; rather all of them are included in the language of the verse, even though they include many expansions.”

What is he saying? Don’t be mistaken. Maimonides basically starts from an interpretive theory that says every verse has only one correct interpretation. A second assumption: the plain meaning is the most correct interpretation, and therefore it is the interpretation of the verse. The exposition is another interpretation in quotation marks—but there is no other interpretation. Therefore obviously the exposition is not an interpretation of the verse. Exposition is an expansion of the verse. And if so, then exposition did not uncover something written in the verse, but created something beyond what is written in the verse. Since that’s the case, it is not something that appears in the Torah—or is even latent in the Torah. It is something the Sages created by means of these tools called the tools of exposition. And therefore, according to the earlier definition I gave, that a Torah-level law for Maimonides is only something that exists in some form in the Torah, then a law that comes from exposition is not Torah-level.

And here Nachmanides attacks him. Nachmanides says: the root is wrong. The interpretive theory from which you started is not correct. There can be several interpretations of the same verse—why not? Seventy facets of Torah, pardes, all the things we’re used to. All the interpretations are valid at the same time. Why do you decide there is only one interpretation? Consequently, both the plain meaning and the exposition are valid interpretations of the verse, and therefore both uncover what is inside the verse, and so both deserve the crown of Torah-level.

By the way, parenthetically, it seems that Nachmanides accepts Maimonides’ basic principle: that only something that exists in some form in the Torah can be considered a Torah-level law. What he argues about is Maimonides’ interpretive theory. Does exposition really uncover something written in the verse, something behind the verse, or is it some sort of expansion beyond what is written in the verse?

And later he writes as well: “For the Torah of the Lord is perfect; there is no extra or missing letter in it. All were written with wisdom. And they did not find any principal exposition concerning commandments that removes a verse from its plain meaning, except for the exposition of ‘and it shall be for the firstborn that she bears’”—yes, the Gemara in Yevamot. And then he says—I’m moving to the second page, look at the third line—“And so it is everywhere with what they expound in matters of parable and figurative language: they believe that both are true, the inner and the outer.” In other words, the exposition and the plain meaning are both true interpretations of the verse, both are true—inner and outer. And there are more, not just two. There is no reason at all to assume that every verse has only one correct interpretation.

But Maimonides thinks there is. Maimonides says there is only one correct interpretation. So before I continue, let me go back to the difficulties I pointed out. We asked: why according to Maimonides are laws that come from exposition rabbinic laws? Now it’s clear: the criterion is that whatever is not found in the verse or latent in the verse is rabbinic law—rabbinic in the sense Maimonides is talking about.

Nachmanides asked another question: how can it be that two requirements, each of which on its own does not make the law Torah-level, when combined do make it Torah-level? In other words, we have a tradition from Sinai—that’s not enough, because a law given to Moses at Sinai is also from the words of the Sages. We have an exposition—that’s not enough, because a law created through exposition is from the words of the Sages. But if there is both tradition and exposition, then it is a Torah-level law. Why? How does the combination do something that neither of its components can do on its own? That too appears here in Nachmanides’ glosses.

And the answer, it seems to me, based on what I said before, is quite simple. Nachmanides really addresses this tradition and says as follows: if there is a tradition that is a law given to Moses at Sinai, and we did not find for it an exegetical anchor, then it is not written in the Torah, so it is not Torah-level because it is not from the Torah; it is oral tradition. But if we did find it an exegetical anchor, then that tradition is basically telling us that the exposition we made is an uncovering exposition and not an expanding exposition. That exposition really revealed to us what is written in the verse. That is why we received this law through tradition—to teach us that the exposition we are making is actually uncovering rather than expanding. For example, “You shall fear the Lord your God”—to include Torah scholars. That is the example Nachmanides uses throughout this whole root.

[Speaker C] But that itself shows that a thing can have several interpretations of the verse. What? “You shall fear the Lord” in the exposition—that can mean there are several interpretations. No, not necessarily.

[Rabbi Michael Abraham] It could be that this is the true interpretation.

[Speaker C] No, it’s not the plain, straightforward meaning, I mean.

[Rabbi Michael Abraham] No—who says it isn’t? It could be that it is; that already depends on other questions. Let me just sharpen this. “You shall fear the Lord your God”—to include Torah scholars. So “You shall fear the Lord your God” is an exposition, and Maimonides says that is from the words of the Sages. But if we had some sort of tradition that one must revere Torah scholars, then it is certainly possible that this tradition reveals to us that what is written in the verse—that one must fear the Holy One, blessed be He—also obligates us to fear Torah scholars. For example, because that is a branch of fear of God, or because it rests on the same foundation as fear of God. Two different conceptions, but both can connect us to the obligation of fear of Heaven.

But if we do not have such a tradition, then the verse tells us that one must fear the Holy One, blessed be He. The exposition expands that to say one must also fear Torah scholars. That expansion does not uncover what is written in the verse; and since that is so, it is rabbinic. If there had been a tradition, then we might have understood that this really is latent in the verse, and then it would have been Torah-level.

[Speaker D] But if it says “et”—“You shall fear the Lord your God”—to include Torah scholars, then shouldn’t that be Torah-level?

[Rabbi Michael Abraham] Why should that be Torah-level? Why all of a sudden? Maimonides says it isn’t Torah-level. He brings this as an example: if there had been a tradition here and there had been no dispute, then that would reveal to us that the verse, “You shall fear the Lord your God,” includes in some way also the obligation to fear Torah scholars. We don’t have such a tradition, so the exposition creates it.

[Speaker E] So what makes something a tradition? Does everyone have to agree? Or something already fixed like that?

[Rabbi Michael Abraham] No, because the tradition has to reveal to us that an exposition—which is usually an expanding tool—in this case serves as a revealing tool.

[Speaker E] On the basic assumption that exposition expands.

[Rabbi Michael Abraham] It expands, yes. Therefore you need a special tradition that tells you: no, here this exposition reveals; this is what I meant, the Holy One, blessed be He, is telling us. This isn’t your expansion; this is what I meant. So if He tells us that, then it’s Torah-level.

[Speaker F] Why does Maimonides take exposition, at its root, as expanding and not as revealing?

[Rabbi Michael Abraham] That’s how Maimonides understands it, yes.

[Speaker F] What is the source for his saying that exposition is expanding?

[Rabbi Michael Abraham] That’s what he writes here. He says, “A verse does not depart from its plain meaning.” The explanation is that only the plain meaning is written in the verse; exposition is not an interpretation of the verse. Consequently, that’s also why it isn’t Torah-level. And there is no tradition for exposition? Sorry? And there is no exposition—

[Speaker A] —that comes with a tradition? There’s no such thing?

[Rabbi Michael Abraham] I don’t know how to answer that. There are two possibilities. Regarding a verbal analogy, after all, the medieval authorities (Rishonim) talk about the fact that a person may not derive one unless he received it from his teacher. What exactly do you need to receive from your teacher? But in general I don’t know; I don’t remember such a source that I could settle this from. Fine. So in practice there is a dispute here. Let’s begin before the dispute. Maimonides introduced two novel ideas. The first is an interpretive novelty, which says that exposition expands and does not reveal. There is only one correct interpretation of the Torah, and that is the simple interpretation, what we call the plain meaning. Exposition expands and does not reveal. That is an interpretive novelty, and on that Nachmanides argues with him. That still does not force Maimonides’ second novelty. Maimonides introduced a second novelty: that something that was not embedded in some way in the Torah, but is rather an expansion—even if it is a legitimate expansion by means of tools that Maimonides himself writes are probably a law given to Moses at Sinai, the hermeneutical principles of exposition—there was still room to say that this thing creates Torah-level laws, that this tool creates Torah-level laws. Maimonides introduces a second novelty; this is a halakhic novelty. The first novelty is interpretive. The second novelty is a halakhic novelty: that what emerges through the hermeneutical principles of exposition is a law whose status is lower; it is a rabbinic law. Usually, when people look at Maimonides and examine him, certainly in traditional interpretation, they check the second novelty. That’s what triggers the antibodies, and that’s also why they tried to smooth over this corner in Maimonides, as I mentioned earlier, and they examined Maimonides against determinations of whether something is Torah-level or rabbinic. But Maimonides has a novelty—the first novelty is the interpretive one—and people have dealt with it hardly at all. And Nachmanides attacks him, notice, דווקא on that plane. Meaning, it seems that if Maimonides had managed to convince him of his interpretive novelty, that exposition does not reveal but rather expands, then Nachmanides too would agree that laws derived from exposition are laws of the Sages. In other words, to Maimonides’ second, halakhic novelty, Nachmanides theoretically agrees. Nachmanides does not accept the interpretive foundation of that novelty. Nachmanides does not accept that exposition expands rather than reveals. He says there can be several interpretations of the Torah; exposition and plain meaning are two forms of interpretation, both of them correct, both of them revealing what is in the Torah itself, and therefore both of them should be Torah-level. Suppose there is someone who does not accept the—yes, Maimonides and Nachmanides actually do not—let’s say. Nachmanides accepts the second novelty theoretically: that a law not embedded in the Torah is from the Sages. And suppose he would agree with the interpretive rule—sorry, not Nachmanides. If there is an approach that would not accept the second novelty. That is, from its perspective, laws that emerge from expositions are Torah-level laws—and that is the view of most of the medieval authorities (Rishonim). But it does agree with Maimonides’ first novelty, that things learned from exposition are not a disclosure of what is written in the verse but rather an expansion. Could that have a halakhic consequence? Usually the tendency is to think not, right? It’s only an interpretive question—what difference does it make? So let’s say it expands; but even if it expands, still… I’ll try to show that it does.

The example is the priestly garments, and the Torah basically describes the making of the priestly garments. Look on your second page. “And they made the tunics of fine linen, the work of a weaver, for Aaron and for his sons. And the turban of fine linen, and the ornamental caps of fine linen, and the linen trousers of twisted fine linen. And the sash of twisted fine linen, and blue, and purple, and scarlet, the work of an embroiderer, as the Lord commanded Moses.” Fine. So the difficulty in this verse, of course, cries out. There is a repetition here of the word “linen”—it comes back many times. But in the Talmud in Yoma 71a they expound it. “The rabbis taught: things regarding which it says ‘linen,’ their thread is sixfold. ‘Twisted’—eight. The robe—twelve.” That’s less important for us. From where do we know that their thread is sixfold? Because the verse says: “And they made the tunics of fine linen, and the turban of fine linen, and the ornamental caps of fine linen, and the linen trousers of twisted fine linen.” Five verses are written—five times it says “linen.” One is for itself, that they should be of linen. One teaches that their thread should be sixfold, that the thread should be made of six strands. One teaches that they should be twisted. One teaches the other garments in which “linen” is not stated. And one teaches that it is indispensable. In other words, there is an exposition here from every written word; every time it says “linen” there is another exposition. One is for its plain meaning. Then it teaches that the threads must be sixfold, they must be twisted. And one comes to include, in the form of “if it is not needed for this matter,” the garments in which it does not say “linen” but rather “fabric.” And one teaches that it is indispensable. Why do I need an extra expression to teach me that these laws are indispensable? Because the rule we have is that with sacrificial matters, Scripture must repeat it in order to make it indispensable. Meaning, if it is written once, then it is not indispensable. If Scripture wants to tell us that it is indispensable, it must repeat the command again. So we need an additional exposition to say that it is indispensable.

I’ll perhaps jump straight to how Maimonides rules on this issue. That’s why I brought this. Maimonides writes as follows—look at chapter 8, law 11. I’m skipping a bit so as not to get bogged down. Chapter 8, law 11, in Laws of Temple Vessels: “Every place in the Torah where it says ‘linen’ or ‘twisted linen,’ the thread must be sixfold. And a place where it says ‘fabric’—if it was made of a single thread alone, it is valid; but it is a preferred commandment that it be sixfold.” Maimonides says as follows: if it says “linen,” then everywhere it says “linen” it is indispensable that it be sixfold. But if it says “fabric” and not “linen,” then it is not indispensable. So all his commentators here say: this is against the Talmud. The Talmud in Yoma says that one of them teaches me that even in a place where it does not say “linen,” this rule still applies—that it must be sixfold and twisted—and another one teaches me that this too is indispensable. So if it is indispensable, then it is indispensable both where it says “linen” and where it does not say “linen.” Everything that emerges from this verse is indispensable laws. And they get into all kinds of strained explanations here; that’s why I brought the passage in Zevachim, but I won’t go into it here. There are contradictions here between the passages, and it isn’t clear whether they can be reconciled or whether they are conflicting passages. In the end, either way, there is no satisfactory explanation in Maimonides. At least I haven’t found one, including in Frankel’s notes in the back. Today, with what we have, you no longer need to be such a great expert for this. I think the explanation in Maimonides is very simple, and it is a product of what we discussed earlier.

Maimonides says as follows: in the verse, every occurrence of the word “linen” teaches us something. One teaches me that it is made of linen, that it should be made of six strands, that it should be twisted. Another occurrence of “linen” teaches me that in garments where it says “fabric” and not “linen,” these laws also apply there. And another occurrence teaches me that it is indispensable. According to what we saw earlier, Maimonides’ interpretive novelty is that things that come from exposition are things not explicitly written in the verse. It is an expansion of what is written in the verse. It does not reveal what is within the verse; rather, it is an expansion. If so, then it seems to me that one can explain Maimonides here very simply. The laws written regarding the garments where it says “linen” are laws that the verse itself says. It says: “linen,” meaning it should be sixfold, twisted. Maybe that’s not even exposition; maybe it is revealing exposition, but it explains what is written in this verse. And the final exposition, which says that all this is indispensable—that is, of course, an exposition. But it is an exposition that tells me that everything written in this verse is indispensable. Now besides that, there is one occurrence of the word “linen” in this verse that tells me that these laws also apply to garments that are not written here. That isn’t our topic. There are garments written elsewhere about which it says “fabric”; those too have these laws. But who says that there it is indispensable? All that is written in this verse is indispensable—that’s what one occurrence of “linen” says. But the exposition does not reveal what was written in this verse. Exposition expands and tells me: there are other laws that I am hinting to you about as well. If so, when I am told that one of the occurrences of “linen” says that what is written here is indispensable—everything written here is indispensable. What is written here? Only what is explicitly written in the verse, or perhaps what is in a revealing exposition. There is room to discuss whether “linen” meaning sixfold is an exposition or whether it is a plain interpretation. But either way, it is apparently a revealing exposition; it tells me what this verse means to say. But “if it is not needed for this matter”—that is an exposition. “If it is not needed for this matter” is something that tells me: know that this sixfold and all the rest also applies to garments discussed elsewhere, where it says “fabric”; there too these laws apply. But that is not written in this verse; it is expanded on the basis of this verse. So afterward, when there is an exposition that tells me: everything written in this verse is indispensable—what is written in the verse is indispensable. But what lies outside the verse, which the verse only taught me through exposition—why in the world should that be indispensable? The exposition deals with what is in the verse; the exposition does not deal with what I expanded on the basis of the verse. And therefore Maimonides says that in garments regarding which it says “fabric,” even the laws learned from here, such as that it should be sixfold and twisted, are not indispensable.

Now you have to notice carefully: this is a unique example. At least I don’t know another example, although I am convinced there ought to be others, but either I haven’t searched enough, or I didn’t find them, or I don’t have them at hand. If anyone knows one, I’d be happy to hear. This is a very unique example, and I’ll explain in what sense. It’s what I said earlier too. Usually, the consequences for Maimonides’ approach are brought from his halakhic novelty. When we see something learned from exposition, we say: according to Maimonides, that is only a matter of the Sages, and then we check it against the Talmud, we check what the implications are. We examine it on that plane. Here, this is a consequence that even someone who disagrees with Maimonides is supposed to accept—someone who disagrees with Maimonides’ halakhic novelty, which says that laws learned from exposition are rabbinic. He says: it’s Torah-level, not rabbinic. Fine. Here he too would accept this consequence, provided, of course, that he accepts Maimonides’ interpretive novelty—that exposition does not reveal what is in the verse but rather expands and teaches us laws beyond what is in the verse. If you accept that interpretive principle, then here a halakhic consequence follows from it, even if you disagree with Maimonides’ halakhic consequence, Maimonides’ halakhic novelty that laws derived from exposition are rabbinic. This is a direct consequence of Maimonides’ interpretive position. And I think that in that sense it is very unique.

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