Have argued that the Book of בראשית introduces not only the Avot but rather the Av tohor time-oriented commandments a משל\נמשל logical distinction. That the Books שמות ויקרא ובמדבר – they introduce תולדות קום ועשה ושב ולא תעשה מצוות שלא צריך כוונה. While the closing 5th Book of the Torah introduces the Common law name משנה תורה. That in point of fact Rabbi Yechuda HaNasi named his Mishna based upon the Mishna Torah second name of the Book of D’varim.
The “Av” Mishna of ברכות introduces ק”ש as tefillah דאורייתא as a time-oriented commandment known as acceptance of the yoke of the kingdom of heaven. Hence a person who does not recognize time-oriented commandments does not accept the yoke of the kingdom of heaven through the Torah mitzva of tefillah. Rabbi Yechuda’s common law Mishna stands upon precedents. The very name Mishna stands upon the D’varim precedent of Mishna Torah. Rabbi Yechuda’s Mishna a record of the judicial rulings of Sanhedrin courtrooms.
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The Torah curse of g’lut, Jews lose the wisdom how to observe and obey the Torah commandments – specifically Av tohor time-oriented commandments-לשמה. This most essential commandment, the Rambam’s Sefer Ha’Mitzvot totally ignored. The Rambam organized the Torah commandments – limited strictly to the language of the Torah itself alone. The B’HaG, a last generation Gaon scholar, rejected this fatal erroneous premise which the Rambam’s assimilated Greek deductive logic arrogantly assumed as an obvious precondition of what separates דאורייתא כנגד דרבנן מצוות.
The RambaN, in his work מלחמת השם, harshly, No, bitterly criticized the Baal HaMaor who opposed the fossilization of the Talmud into a codified code of ritual halacha. The Baal HaMaor understood that both Talmud and T’NaCH, both משנה תורה\Common law legal systems. That rigid codes of ritual religious law changed judicial common law unto religious ritual observance.
Converting Talmudic halacha into a legal code, as did both the Rif and post Rambam – Rosh, directly threatened the study of T’NaCH/Talmud משנה תורה\Common Law legal jurisprudence which judged upon legal scales how to make fair restitution of damages inflicted by one upon another Jew. The Baal HaMaor correctly perceived this inherited threat. The RambaN fundamentally failed to grasp the gulf of avoda zara which separates tohor spirits from tumah spirits within the two conflicting Yatzirot within the heart. No different than the משל of Yaacov vs. Esua wrestling within the womb of Rivka.
Rabbi Yechuda HaNasi interpreted the k’vanna of tefillah דאורייתא – the mitzva of tefillah – as expressed through the Written Torah language of קריא שמע. The Rambam in his 5th positive commandment declared the mitzva of tefillah as a mitzva דאורייתא just as had the Code of Commandments of the B’HaG’s introduction to his הלכות גדולות. The Rambam mocked the B’HaG opinion wherein he ruled Talmudic mitzvot דרבנן as mitzvot דאורייתא. And yet the Rambam, like the B’HaG, ruled in his Sefer Ha’Mitzvot introduction to his own halachic codification Yad HaZakah, that tefillah constituted and qualified as a mitzva from the Torah. The RambaN criticized the RambaM, he clearly proved that the language of “tefillah”, refers to the Shemone Esrei. And the latter tefillah, as clear as the Sun in the sky on a cloudless day, a mitzva דרבנן.
Both the RambaM and the RambaN utterly failed to discern the opening Av Mishna of ברכות which opens with קריא שמע ערבית as opposed to ק”ש שחרית. What defines the k’vanna of acceptance of the Yoke of the Kingdom of Heaven?
Kre’a Shma – tefillah from the Torah itself. The Gemara of ברכות debates whether the blessings which surround the ק”ש, if they expressed a mitzva from the Torah, specifically remembering the freedom from Egyptian slavery, or the ק”ש עצם language itself – constituted the actual mitzva from the Torah of tefillah: acceptance of the yoke of the kingdom of heaven as a tohor time-oriented commandment.
The language of the Gemara assumes that the down stream generations understand – that this debate addresses the mitzva דאורייתא vs. דרבנן as addressing the mitzva of tefillah itself … framed through kre’a shma vs Shemone Esrei compared to kre’a shma vs. the blessings which surround the kre’a shma. The Gemara did not explicitly declare that their debate concerning the valuation of the merits of the blessings which surround the ק”ש or the mitzva of ק”ש alone itself … the mitzva of accepting the yoke of the kingdom of Heaven … defined the substance of an Av tohor time oriented commandment do cause the Cohen inheritance to pass down from generation to generation only by way of tohor time-oriented commandments. Only this Av Torah commandment continuously creates יש מאין תמיד מעשה בראשית the chosen Cohen people from NOTHING.
This subtle מאי נפקא מינא\רב חסד required distinction, the language of the Gemara required that all down stream generations learn through making the required logical דיוק/inference of reasoning! In the Gemara debate over the blessings vs the actual ק”ש, never did it explicitly mention — NOT time-oriented commandments which require prophetic mussar as its כוונה, NOR tefillah as either דאורייתא או דרבנן which framed the substance of the Gemara debate in ברכות in the first place. This fundamental מאי נפקא מינא רב חסד middah distinction separates Av tohor time-oriented commandments from תולדות positive and negative commandments (as located in the Books שמות ויקרא ובמדבר).
The Rambam halachic statute law assimilated codification translated Aramaic into Hebrew. The Rambam simply a glorified translator. But his service does it resemble תרגום אונקלוס translation of the Torah into Aramaic, based upon the need that Jews now spoke the Aramaic of the Assyrian empire as their mother tongue? Or does the Rambam pervert פרדס קבלה inductive reasoning unto a Greek/Roman logic of syllogism deductive reasoning which stands upon the order of statute law? This latter possibility, its the מאי נפקא מינא רב חסד which separates the service of תרגום אונקלוס from the Av tumah avoda zarah of the Rambam’s treif halachot. This tohor midda separates the tohor Yatzir HaTov from the tumah Yatzir HaRaw within the heart. ב’ ראשית stands as the Torah precedent by which this opinion exudes its confidence.
Not simple. Both the RambaM and the RambaN disgracefully permitted their Yatzir HaRaw to dominate. They failed to make the required logical דיוק and discern that the Gemara מחלקת concerning the “value” of the blessings around the ק”ש as opposed to the עצם language of the ק”ש, that this dispute debated both time-oriented Av commandments vs. תולדות positive commandments which do not require k’vanna; what defines the mitzva of תפילה דאורייתא כנגד דרבנן, applies equally to the blessing which surround the ק”ש.
The Gemara openly rules that the blessings that surround ק”ש as rabbinic blessings. But critically it does not rule out that these blessings equally qualify as tohor time-oriented Av commandments from the Torah itself! A fundamental מאי נפקא מינא דיוק, which – post the RambaM Civil War rabbis – failed to learn the Talmud as a Common law legal system of courtroom justice but perverted their Talmudic study instead to search for Reshon halachic rulings within the Gemara language itself! A fundamental error of Av tumah avoda zarah! Reshonim Talmudic scholarship NEVER qualifies as Primary source material. Rav Ashi and Ravina sealed the Talmud, making it along with the Mishna T’NaCH and Siddur as the sealed Primary Sources of all generations of the chosen Cohen people.
In the millennium years, or there about since the Rambam vs. RambaN debate over the former’s 5th positive commandment of tefillah, all down stream generations, not a single commentary or super-commentary written upon the works of these Reshonim Talmudic scholarship, caught much less so corrected, the fundamental assimilated errors made by the Reshonim scholars “addicted” to the heroin of Greek syllogism logic!
Reshonim Jews themselves blew out the lights of Hanukkah and forgot the Oral Torah! Never once even a single Jewish commentary on any Reshon halachic codification, which corrected the Av tumah drift away from פרדס inductive logic unto syllogism deductive logic; T’NaCH/Talmudic משנה תורה-Common law perversion unto Greek\Roman Statute law. This failure exposes the boot-licker flattering later generations who virtually worship the Reshonim as Gods. An avoda zarah on par with the earliest generations naming the stars as Baal Gods or Jesus or Allah as Gods! Assimilation – copying the culture and customs practiced by Goyim civilizations which never accepted the revelation of the Torah at Sinai, as much an Av tumah avoda zarah as the translation of the שם השם לשמה switched to the substitute of the word התרגום את המילה – אלהים.
אלהים a term that refers to Sanhedrin justices of the court! Translating the רוח הקודש שם השם to the “word” אלהים – defines the sin of the Golden Calf for all generations. Torah commands prophetic mussar. It does not tell a silly Pie in the Sky story of history that declares: a long long time ago Aaron cast gold into a fire and pulled out a Golden Calf – children’s story.
T’NaCH and Talmudic common law learns by means of authoritative Primary Source comparative precedents. Herein defines how the four part פרדס inductive reasoning logic discerns itself from the Greek syllogism deductive reasoning logic espoused by both Plato and Aristotle!
All down stream generations of Yeshiva students fail to learn the B’HaG, Rif, Rosh as a common law courtroom legalism! All commentaries written on the above tohor halachic codifications as well as the tumah avoda zarah codes written by the Rambam, the Tur, and the Shulkan Aruch codes, they read rather than compare through comparing logical inductive reasoning cases of halacha. Rather they follow and obey the logic discipline established by Greek philosophy rather than Pardes logic as taught through the kabbalah of Rabbis Akiva, Yishmael and HaGalieli. The latter Tannaim authorities established rules wherein students can learn inductive reasoning logic skills as a wisdom.
Post the Rambam Civil War, the lights of Hanukkah blown out by the Reshonim generations themselves. G’lut Jewry cursed – they forgot the Oral Torah revelation at Horev. Every Hanukkah when down stream Jews bench ברכת המזון, these “orthodox Jews” ritually read & repeat empty words, words which breath no Yatzir HaTov prophetic mussar as their k’vanna. Printed words which simply tells the history of the time when the Tzeddukim and ערב רב Amalek Jews forgot the Oral Torah! Oblivious that ברכת המזון like ק”ש an Av tohor time oriented commandment which requires k’vanna! Reading words regardless as found in a bencher or a Siddur – amounts to Pie in the Sky – bull shit. Why? Because reading words changes an Av tohor time-oriented commandment to a תולדות קום ועשה מצוה.
K’vanna requires the Grey Matter of remembering Torah rebukes; the Divine Name אל עליון pleads: remember the rebuke of the Golden Calf; permit the Torah brit inheritance to pass down unto my future but as yet unborn generations as the brit definition of Avram’s chosen Cohen seed! Recall that a son of Moshe Rabbeinu worshipped avoda zarah! Whereas both myself and my future born seed, we remember that Av tohor time-oriented mitzvot require k’vanna, and not a simple word translation; reading or worshipping of words. The Muslim Koran mocks our g’lut disgrace as “the People of the Book”, because Jews often wear the Catholic Nun “habit” of worshipping words; like Hassidic Jews who wear furry hats and dress in long black gowns during the hot summer seasons. Easily confused for being no different than from Amish XtianSS who ride in ass pulled wooden hubbed wagons.
Yeshiva students today read the pages of the Talmud, no different from Xtians who read their bible mistranslations. Common law learns through comparative Case/Rule precedents and not by translating the Talmud into simple Hebrew as did the Rambam’s pathetic and utterly disgusting Yad! The purpose of the study of Gemara, to make a משנה תורה upon both the language of the Gemara sugya itself; and then to follow this precedent comparison which permits the down stream generations to view the Talmud from a completely different “precedent” perspective … BUT to then likewise re-interpret the עצם language of the Mishna itself, as viewed from a completely different Primary Source other Gemara perspective. This causes the T’NaCH and Talmud to shine like the facets of a diamond!
As stated above, the RambaN harshly criticized the Baal HaMaor’s criticism wherein he rebuked the Rif code. The RambaN sided with the Rif over the need to provide scattered g’lut Jewry, during the darkest days of the Xtian Dark Ages of feudalism, where virtually all travel ceased due to road robber terrorism and the collapse of the Roman road system. Scattered Jewish communities desperately required a simplified book of Halachic observances to maintain some minimum of continued observance of Jewish ritual established customs, and culture. On this point, the RambaN and even the RambaM — absolutely correct. Propaganda – believable because it tells half-truths.
The Rambam code an absolute perverted abomination. He arrogantly declared that through his code of halacha, Jews in g’lut no longer required to learn the discipline and rigors of Talmudic reasoning. The Rambam confused religious ritual observance as central to the purpose of the Talmud. WRONG. The Framers of the Talmud wrote this text to serve as a model for the time when Jews reconquered our Homeland and sought to restore common law Sanhedrin Federal Courts legal jurisprudence. This day vs. night distinction, which the Rambam code openly raped and perverted; comparable to the sin of Ham who sexually molested his naked drunken father Noach!
Cursed Be Canaan a servant of servants may his seed forever be. This Torah curse equally applies to the Rambam. The latter guilty of the Jewish Civil Wars that cursed the Jewish people after publication of his Yad Chazakah abomination of avoda zarah in about 1185. The Rabbeinu Tam died before publication of this av tuma avoda zarah. Compare the case of the Son of Moshe Rabbeinu; he did not worship avoda zarah because he thought himself as a rebel who rejected the honor of Moshe! Rambam considered by many as another Moshe Rabbeinu! This disgraceful error warns all Jews of the absolute need to develop their מאי נפקא מינא רב חסד tohor middot breathed within their Yatzir HaTov spirits within their own hearts!