Halacha does not stand upon its own two feet any more than positive and negative Torah commandments
Halacha does not stand upon its own two feet, as the assimilated to Greek/Roman cultures which dominated Arab society in Spain following the Muslim re-discovery of the concealed ancient Greek philosophies and mathematic books by the foolish church – in the 5th Century CE.
Halacha compares to positive and negative commandments in the Written Torah! Both this and that serve & function as precedents to understand the k’vanna of the prophetic mussar, as expressed through observance of יסוד יסודי time oriented Torah commandments; precedents to understand the k’vanna of the depth (front, top, side view) of the language also of the Mishna.
The assimilated halachic codifications, made famous during the dark ages of Xtian barbarism in Europe, they addressed the crushing-issue of the g’lut catastrophe of Jews living as specks of Humanity scattered across the face of the Earth who continually contended with Goyim hatred and demands that Jews convert to the Xtian or Muslim religions! The son of Ibn Ezra converted to Islam. Medieval Europe witness the total collapse of the ancient Roman road system. People rarely travelled to distant lands due to the violent anarchy and chaos of those dark ages of barbarism. Robin Hood bandits murdered and plundered as did pirates on the High Seas.
Therefore, the assimilated Jews of the Spanish ‘Golden Age’ attempted to address the growing crisis which Jewish communities, besieged by armed Priests, Monks, and Sheiks – by writing codes of halachot which completely abandoned the פרדס logic system/kabbala which learned both T’NaCH & Talmud as a common law legalism. Common law stands upon the יסוד of learning/interpreting the multifaceted language of Av tohor time oriented Commandments which require prophetic mussar as their k’vanna; the depth of the Mishna language – whose terms likewise multifaceted – both this and that, engaged Torah scholarship through בנין אב/precedents.
By stark contrast assimilated Jewish “scholars” of this chaotic period disgrace of Human history, they abandoned T’NaCH Talmud common law. The relationship between the warp/weft loom of T’NaCH and Mishnaic opposing threads weaves the fabric of Talmudic common law scholarship. G’lut Jewry did not have the luxury to invest in deep, subtle interpretations of intent/k’vanna of time oriented Av מלך Torah commandments!
All the codifications of Torah commandments, other than that written by the B’HaG, ignored the elephant in the China Closet completely! Torah commandment codifications such as the Sefer Ha’Mitzvot, Sefer HaChinukh, or even the Smag’s halachic codification which orbited the organization of a statute law halachic religious-code around Torah commandments all these major works took medieval Jewry down the road of assimilation to Goyim statue law practices and cultures. They attempted to dress up a pig by clothing it with tzitzit and a kippa.
The B’Hag code of קום ועשה ושב ולא תעשה מצוות rejected this Jewish false choice of copying the culture and customs of Goyim societies which reject the revelation of the Torah at Sinai and Horev – another warp/weft loom fabric relationship. Hence the Talmud constructed by the Framers with a Halacha/Aggada warp/weft loom fabric relationship! The B’HaG writes a slew of מצוות דרבנן as מצוות דאורייתא. Rav Saadia ben Yosef Gaon (c. 892 – 942), one of the earliest Jewish scholars who struggled and contended with the dramatic re-discovery of ancient Greek philosophies which seduced the assimilated Tzeddukim — a millennium earlier triggered the Hanukkah Civil War.
The Rambam marvelled at how the B’HaG could make such an obvious error. Alas the dunce cap of טיפש פשט rests squarely on the Rambam head. Forced to sit in the corner of the school room wearing such a hat for all eternity! All the rabbinic “Torah” commandments as expressed through the B’HaG’s introduction to his common law code of halachic interpretations. He based his posok halacha upon precedents/בנין אב\ — tohor time oriented Av מלך Torah commandments!
The B’HaG rejected the assimilated perversion of the שב ולא תעשה מצוה of do not pursue or copy the ways practiced by the Goyim as did the טיפש פשט egg-crate simplification of Torah commandments into ice trays of positive and negative commandments! The Av tumah avoda zarah to pursue and copy the culture and customs developed by the rediscovered ancient Greek dead civilization enticed scholars starting with Saadia ben Yosef Gaon and most definitely not limited to the man sitting in the corner wearing the Dunce cap.
In similar vein, the B’HaG common law codification of halacha accepted the Jewish needs and requirements for a simplified codification of halachic common law – based upon the rebuke received by the RambaN’s מלחמת השם. Despite the fact that the RambaN’s rebuke written after the B’HaG had already passed from this Earth. The B’HaG, also known as Rabbi Isaac ben Joseph of Corbeil, lived in the 11th century. He authored the Sefer Mitzvot Katan (ספר מצוות קטן), a concise work that categorizes the mitzvot into 3 distinct sets of categories: Av time oriented, and positive & negative toldot commandments. The RambaN lived in the 13th Century.
The RambaN famously challenged the Rambam ruling, tefillah – the 5th positive commandment of Sefer Ha’Mitzvot. Alas the RambaN critique failed to address that tefillah-kre’a shma, a mitva from the Torah! The language of the Rambam equally vague, he failed to differentiate between a ודוי דרבנן מן הודוי דאורייתא. The language of the Shemone Esrei סלח לנו does not qualify as a ודוי because its permissible to bring the rabbinic ודוי added to the blessing of שמע קולינו.
The the Maharsha (Rabbi Shmuel Eliezer Edels) attempted to scratch his ear with his elbow in mesechta Yoma, the famous debate between Rabbi Meir vs. the Sages; Rabbi Meir rejected the idea that NaCh sources and how much more so Tannaim scholars could dispute the ודוי made by Moshe Rabbeinu. But the dispute really quite simple: the ודוי made by Moshe, a rabbinic ודוי.
Hence the כלל, יחיד ורבים – הלכה כרבים; this general rule applies only in cases of mitzvot דרבנן. The oversimplifications made by Reshonim sticklers to learn the simple p’shat has made a tremendous erosion of downstream generations Torah learning.
The tohor 7th Oral Torah middah of רב חסד stands upon the k’vanna of making the required מאי נפקא מינא\תמיד מעשה בראשית time oriented Av מלך Torah יסוד יסודי commandments, differentiated from rabbinic mitzvot which do not require k’vanna,, any more than do positive and negative Torah commandments! Time oriented Av מלך Torah commandments, they continually create from nothing the chosen Cohen people in all generations that the chosen Cohen seed of Avraham Yitzak and Yaacov walks upon the face of the Earth. This oath brit shares no common ground with the notion of some Universal non oath new covenant God for all Humanity.
To swear a Torah blessing requires sanctification of some Torah defined tohor יסוד יסודי midda. As the previous paragraph, troubled myself, to define the יסוד יסודי seventh tohor midda of רב חסד. Hence a Torah blessing/oath requires שם ומלכות. Translating this complex abstract term to “Name and Kingship”, wears the Rambam Mishna Torah dunce cap! Mishna Torah means “common law”, not the Rambam’s statute halachic codification, based upon Greek & Roman cultural and legal-logical practices.
The former dedicates a defined יסוד יסודי tohor Torah midda in the Spirit Name blown from within the heart NOT through the lungs – another מאי נפקא מינא fundamental distinction of הבדלה. Blowing hot air of religious narishkeit does not make a קידוש השם any more than blowing air from ones’ lungs dedicates the Spirit Name of HaShem which lives within the hearts of the chosen Cohen people; based upon the precedent of Avram swearing a Torah oath that the Spirit Name of HaShem would forever live within the Yatzir Ha’Tov hearts of the chosen Cohen people.
The mitzva of pronouncing the Name learns from the Torah precedent of blowing the Shofar on Rosh HaShana. Framing words with our lips and tongues does not require Torah k’vanna of prophetic mussar יסוד יסודי middot! Any more than learning Talmud simply does not compare to reading the fictional works of Harry Potter, new testament, or koran. Allah-Voldemort – dead. Xtianity, with its Father/Dudley Dursley issues and Islam, both need to find some other books of fiction to base their avoda zarah mythology upon. The Greek Gods of Mount Olympus just as dead as Allah-Voldemort.
Conflict Resolution 