Q&A: Maimonides’ Second Root
Maimonides’ Second Root
Question
Maimonides wrote that commandments derived from the thirteen hermeneutic principles are not to be counted. Nachmanides disagreed, and the Rabbi discussed this at length in his book.
Do we know of an example where Nachmanides counted a commandment that is derived only from the thirteen hermeneutic principles?
Thank you,
Arieh
Answer
The basic dispute is whether this is Torah-level law. Whether to count it is just a consequence of that. When you find a commandment that Maimonides did not count because of this principle, you can check whether Nachmanides did count it. The overwhelming majority of derashot do not create a new commandment, but rather add a detail to an existing commandment (such as betrothal by money, or maternal relatives among those disqualified from testimony). You can look at his glosses on the second root to see his disputes with Maimonides.
Discussion on Answer
And on the other hand, Maimonides too counts the commandment of prayer, which apparently is also derived from exposition.
Why from exposition? “And to serve Him.”
Is the plain sense of the verse service through prayer or service through sacrifices? The plain meaning of “to serve Him with all your heart” is apparently, like Nachmanides, that our service should be with a whole heart.
It may be that you forgot positive commandment 7, remembering the episode of Miriam as a warning against evil speech; that too is derived from exposition, because in the plain sense of the verses, both in the case of Miriam and in that of Uzziah, leprosy is a punishment for rebelling against authority.
Positive commandment 15, the blessing over Torah study: the plain sense of the verse is that when Moses mentions God’s name, the people should give praise to the Omnipresent, as explained in Yoma 37a: “It was taught: Rabbi says, ‘When I call out the name of the Lord, ascribe greatness to our God.’ Moses said to Israel: When I mention the name of the Holy One, blessed be He, you should ascribe greatness.”
Positive commandment 11, that we were commanded to offer all sacrifices brought voluntarily or obligatorily between the two daily offerings, not before the morning continual offering and not after the afternoon continual offering. This commandment is learned from the exposition of the verses at the beginning of Parashat Tzav, and it is not the plain sense of the verses.