To grasp this subtle distinction shall open with a quote from Isaac Asimov’s novel: The Second Foundation: The Mule p. 62. As an atheist-praise God, Yid, working on a kibbutz that specialized in Organic farming. I sat in the library on Yom Kippur and ate this small book with great satisfaction.
“”So he created his Foundations according to the laws of psychohistory, but who knew better than he that even those laws were relative. He never created a finished product. Finished products are for decadent minds. His was an evolving mechanism and the Second Foundation was the instrument of that evolution. We, First Citizen of your Temporary Union of Worlds, we are the guardians of Seldon’s Plan. Only we!””
This quote, it seemed to me, best describes the k’vanna of the Torah Mishna and Gemara; Siddur and Midrashim. The BaHaG, the Rif & Baali Maor, the Rashi common law commentary to the Chumash, the Rabbeinu Tam & Baali Tosafot, and Rosh common law commentaries to the Talmud.
What does “NOT STANDARD RABBINIC FORMULATION” mean? 3 Types of Torah commandments 1. Av time oriented. 2 Toldah positive. 3. Toldah negative. The latter toldot mitzvot serve as precedents used to elevate a learned Torah commandment or even rabbinic halacha interpretation as a mitzva from the Torah. This chiddush defines how the B’HaG understanding of Torah commandments radically – day vs night – differs from the Rambam טיפש פשט literalism of Torah commandments…בראשית creation story introduces wisdom. The main Torah theme: time-oriented Av commandments; it does not teach the history of the creation of the Universe.
In short: “Not standard” here means not aligned with the Rambam’s statutory, codified model, which became the de facto “standard” after the 13th–15th centuries, especially in Sephardic and later Ashkenazic communities. The B’HaG code: the first rabbinic work to include a formal Hakdama, which includes the 13 principles of rabbi Yishmael. Thereafter this code often introduces a Mishna followed by Gemara precedents which interpret the language of the Mishna as recorded by the Talmudic language. It often summarizes the Talmudic discussion to arrive at the law, rather than quoting a Mishna first to interpret it. Its defining structural feature is the Introduction and the enumeration of the 613 commandments, not a Mishna-based opening for every section. The book frequently utilizes the 13 Hermeneutical Principles (Middot) of Rabbi Ishmael used to derive laws from the Torah text. While these are not unique to the Halakhot Gedolot, they represent the structural tools used throughout the book to organize the laws. The warp-weft Talmudic loom employs rabbinic 7,10, 13 middot to interpret halacha and 32 middot to interpret Aggadah/Midrash.
This directly explains why the B’HaG code — with its Hakdama, 613 enumeration, Talmudic Gemara summaries, and heavy use of the 13 Yishmael midot — feels so “evolving and non-finished” compared to the Rambam’s static list: it keeps the entire Talmudic loom alive, using the earlier middot for the core legal precedents and the later (Galilean) 32 for the aggadic depth that gives every mitzva its time-oriented k’vanna and tohor spirit.
The B’HaG introduction to his common law halachic code radically differs from the טיפש פשט of the Rambam statute law assimilation abomination. Roman law-statute law! Rome changed the name of the 2nd Jewish commonwealth to “Palestine”. The Gemara commentary to the Mishna a common law sh’itta methodology which centers common law upon how Mishnaic courts ruled opinions based upon בנין אב precedents. A halacha does not create its own religion. The Gemara brings an off the dof halacha as a precedent to interpret the intent of a clause of Mishnaic language – based upon a fixed witness like perspective. The Rambam טיפש טשט halachic rulings pervert the Talmud from precedent common law courtroom judicial rulings derived through comparing similar precedent cases unto fixed religious law. The latter has nothing, zero common ground with the former.
“Av / Toldah positive / Toldah negative” framework as seen in the B’HaG: 100 blessing a day דאורייתא, reading the Megillah of Esther דאורייתא, lighting the shabbat candles דאורייתא, tefillah kre’a shma דאורייתא; lighting the lights of Hanukkah דאורייתא, separating Challah as holy דאורייתא etc etc etc.
Tefillah usually read as Shemone Esrei! The common denominator of the B’HaG chiddush – all the mitzvot דרבנן which he rules “potentially” דאורייתא – all זמן גרמא מצוות שצריך כוונה. Toldoth secondary commandment do not require k’vanna. Herein the traditional rabbinic understanding of all three types of Torah mitzvot. Kre’a Shma, requires k’vanna. K’vanna not a word that any fool can simply translate as meaning “intent”. The Shas Bavli/Yerushalmi interpret k’vanna as prophetic NaCH mussar learned to define the Oral Torah middot spirit “pronouns” of the שם השם לשמה which Moshe Rabbeinu heard orally on Yom Kippur after the Golden Calf “revelation” which forever serves as the Av precedent to learn avoda zara – the 2nd Sinai commandment. Specifically, through the commandment precedent which commands do not compare anything in the Heavens, Earth or Seas to HaShem. The k’vanna of this “time-oriented” commandment (as opposed to a simple negative commandment), based upon the sin of the Golden Calf, do not worship words. The ערב רב שאין להם יראת אלהים worshipped the word אלהים rather than the first commandment שם השם לשמה. Words convey ideas they do NOT communicate tohor spirits. The revelation at Horev of the 13 tohor spirit middot “pronounds” of the שם השם לשמה רוח הקודש – spirtis NOT words – despite the Torah speaking in the language of Man.
The Gemara of ברכות debates weather the blessings surrounding the kre’a shma דאורייתא? Why? The language of ברכת כהנים, קריא שמע, ותפילה all lack שם ומלכות. The Siddur opens with ברוך שאמר which contains within this praise שם ומלכות. Understanding how שם ומלכות means swearing a Torah oath elevates a תהילים שבח unto a blessing/oath. This kabbalah חכמה defines the Order of the Siddur blessings. The language מלכות dedicates a particular Oral Torah middah spirit. Hence the Middle Blessings of the Shemone Esrei – 13 – to affix a blessing to a מלכות Oral Torah spirit!
Post the Rambam Civil War (Jews did not fight with armies like as did the North vs South in the American Civil War. בראשית opens with the creation of Order out of Chaos and anarchy. Civil War defines chaos and anarchy among a people.), g’lut Jewry during the horrors of the Dark Ages (G’lut defined as Jews cursed to do mitzvot לא לשמה.), embraced as their “Standard/Flag” – that Shema, Birkat Kohanim, or tefillah are missing “name and kingdom” in a technical sense. The question is more about whether a text functions as a full berakhah and whether it has the required form.
Israelis living in Israel today respond with an emphatic NO. The lack of שם ומלכות not a technical sense what so ever. Rather a k’vanna. Time-oriented commandments specified above, absolutely require swearing a Torah oath – which requires the dedication of Oral Torah spirits לשמה. Rabbi Yechuda understood Yatzir HaTov through בכל לבבך. A Yatzir – a tohor spirit k’vanna – not a ritual technicality. Hence the Cohen blessing Kre’a shma and tefillah all “technically” lack שם ומלכות.
Contrast standard לא לשמה g’lut rabbinic learning. שם ומלכות still usually means the structural form of a berakhah, while kavanah is the inward aim. לשמה Israelis say NO. Kavanna never directed heart/mind toward Heaven. Post Sinai תורה לא בשמים היא. Malchut Shamayim never acceptance of divine sovereignty, but dedication of tohor Oral Torah spirit middot to rule the heart over tumah Yatzir ha-rah spirits also within the heart. The precedent learns through Yaacov and Esav wrestling in the womb of Rivka. Torah common law interprets k’vanna of mitzvot through precedents.
Herein separates how the B’HaG and also the Baali Tosafot rejected the way of Rambam. The Baali Tosafot include Rabbeinu Tam who passed prior to the Rambam publication of his av tuma avoda zara statute law perversion of the Torah vision — to in the future rule the land of Canaan through Sanhedrin court justice. The Rambam perversion changed the Talmud into a religious ritual creed belief system no different from the Xtian and Muslim separate but different “belief systems”. A Torah judge who tries a case based upon a pre-established belief – no different than a judge who accepts a bribe.
The Rambam statute law perversion fundamentally addressed the dire straights of g’lut Jewry during the Dark Ages. The collapse of the dead Roman empire road system made tiny Jewish communities isolated. The Baali Maor criticized the Rif common law code because its structure – while common law – invited a religious statute law reading. B’HaG, Rif, Rosh common law codes as a rule open with Mishna followed by Gemara halachic precedent rulings. But especially after the Rambam statute law abomination prevailed following the public burning of all the Talmud in France in 1242 (((A majority of the Baali Tosafot agreed and supported the Spanish court of Rabeinu Yona and placed the ban of נידוי upon the Rambam in 1232. But The Semag – one of the Baali Tosafot hardily agreed with the Rambam codification.))), the expulsion of all Jews from France in 1306 permanently destroyed the Rashi Tosafot common law school of Talmudic scholarship. The main criticism of the Baali Tosafot commentary to Rashi, that the latter’s Talmudic commentary learned the Talmud more like a dictionary of difficult terms. Totally different from how Rashi’s common law p’shat theory learned the Chumash!
The Semag followed the mitzvot established by the Rambam sefer Ha-Mitzvot egg-crate code which divided Torah commandments into positive and negative 613 commandments! The Semag – one of the Baali Tosafot! He organized Halacha rulings, based upon the model Written Torah commandments. This error, shattered the Gemara employment of Halachic rulings as precedents to learn the language of the Mishna and elevate the Mishna unto time-oriented commandments which require k’vanna. K’vanna simply does not mean the טיפש פשט of “intent”.
The Gaonic school, one of their greatest chiddushim, initiated the Midrashic scholarship which limits itself to making a commentary upon Talmudic Aggadic sources. Its chiddush of affixing aggadic stories to the Order of T’NaCH p’sukim emphasizes the sh’itta of how to study Talmudic Aggada through the פרדס – axis of דרוש\פשט affixed to the warp of Aggadah and the רמז\סוד affixed to the weft of halachic Talmudic scholarship. The Semag codification of halachot supports the false learning of halacha/mitzvot as religious ritual law rather than lateral Sanhedrin courtroom comon law vision for the day when Jews conquer Canaan; the oath brit time oriented commandment of ruling the land of Canaan with wise Sanhedrin lateral courtroom justice which makes righteous compensation of damages inflicted upon others among our people. This latter vision of faith follows the brit established by the Avot who dwelt as ruled strangers in Canaan rather than rulers of Canaan. The Mishna Gemara – Talmud: learns the culture and customs of the chosen Cohen nation like a loom has warp/weft opposing threads to weave garments.
Rabbeinu Yanah’s court first placed the ban of נידוי upon the Rambam in Spain. He petitioned the Pope and king of France to burn his books. In 1232 a majority of the Baali Tosafot likewise imposed the ban upon the Rambam. Rabbeinu Yonah never visited Rambam’s grave. Repent a Xtian term does not mean t’shuva. Yom Kippur defines t’shuva as remembering the oaths sworn to the Avot that they alone would father the Cohen people. Goyim repentance has no connection to remembering through the generations the oath each and every Av swore to cut a brit with HaShem. Historians do not know these 3 separate oaths which the Avot Swore which Moshe reminded HaShem to remember and annul the vow to make Moshe the father of the Cohen people.
Hence I open with a quote from the 2nd Foundation to distinguish between the Torah vision of the avot from the religious ritualism (1st foundation) of g’lut reshonim. The quote affixes the 1st foundation to Rambam literalism and religious ritualism which has no k’vanna. The Rambam never defined time oriented commandments. His 5th positive commandment proves this conclusively — תפילה דאורייתא – קריא שמע, תפילה דרבנן שמוני עשרי.
The Rambam confused Shemoneh Esrei with kre’a shma according to the RambaN’s rebuke of the Rambam. The Order of krea shma adjacent to the Shemone Esrei סמוכים defines the k’vanna Order of the Siddur. The ברוך שאמר contains שם ומלכות in the Ashkenazi siddur. The kre’a shma does not contain שם ומלכות but the 1st blessing does. The repetition of the krea shma the reader adjoins the word אמת into the kre’a shma linking the 3rd blessing סמוך to the 2nd blessing and on to the Shemone Esrei itself through סמוכים.
This interpretive framework explains how Rabbi Yehoshua taught מערב תפילה as both רשות וגם חיוב. And the dispute between Rashi and Rabbeinu Tam 3 stars vs p’lag ha’mincha. P’lag ha’mincha a person can place Rabbeinu Tam tefillen and has the רשות to affix the kre’a shma ערבית back to the Mincha Shemone Esrei and the Shemone Esrei ערבית to the kre’a shma ha’mita through k’vanna. Tefillah ערבית unlike Tefillah שחרית the חצי קדש separates the kre’a shma from the Shemone Esrei. G’lut super-commentaries fail to explain the contraction of rabbi Yehoshua which resulted in Rabban Gamliel’s replacement.
Rambam’s code aims to provide practical rulings without requiring study of T’NaCH, Talmudic or Siddur primary sources. The forced expulsions of Jews 1290, 1306, 1492 etc combined with the blood libel pogroms crusade slaughters and 1648 Kossack rebellion resulted in the absolute destruction of Jewish physical historical evidence. The Nazis sought to make a museum of the extinct Jewish people! But its really not relevant because Torah commands mussar – the definition of prophesy NOT history.