By the time of Rabbi’s Mishna the Romans had already decided to expunge the land of the Jewish people like as did the Syrian Greeks whom the Hanukka benching in ברכת המזון condemns for attempting to cause Israel to forget the Torah. G’lut, based upon מצרים – לאו דוקא, therein means תורה לא לשמה. The Syrian Greeks the first to change the name of Judea unto Palestine. This fact exceptionally important because universes separate לא לשמה g’lut oppression from Sanhedrin Court justice לשמה. Sanhedrin court fundamentally and absolutely require Yovel freedom, based upon Pesach freedom, and brit melah as the sign of this brit to rule the land with justice צדק צדק תרדוף first established at the brit cut between the pieces with HaShem & Avram לשמה.
The generation of Yehoshua established the other 3 Cities of Refuge with their small Sanhedrin Capital Crimes courts. However, the next generation abandoned this Torah and worshipped avoda zara other Gods; meaning the Tribes of Israel abandoned the Federal Mishkan as Central hub of the Great Sanhedrin and cities of refuge as the spokes small Sanhedrin capital crime courts! Whenever Israel abandons the righteous pursuit of justice in the conquered land of Canaan, qualifies as av tuma avoda zara.
לא לשמה “ulterior motives” stands under the 2nd Sinai commandment of g’lut. לשמה “sake of Heaven” – dedicates the Oral Torah tohor middot אל רחום וחנון etc לשמה; herein defines Yermia’s ברית חדש and rabbi Yechuda’s בכל לבבך chiddush in ברכות; Mishna א:א which lears kre’a shma as tefillah דאורייתא in ארץ ישראל; acceptance of the yoke of the Kingdom of Heaven לשמה – the k’vanna time-oriented wisdom commandment which prioritizes tohor middot as the dominant spirits which rule the heart over av tuma “Esav – middot” — Yatzir Ha-Rah spirits of violence hatred without cause “avoda zarah”.
By the time rabbi Yechuda compiled his Shas Mishna and how much more so the Bavli Talmud sealed around 450CE, the land of Judea no longer called by that name but rather Palestine; the Roman religion of Xtianity had expunged the brit cut between the pieces and replaced it with a Harry Potter messiah “son of God”. Then the Arab caliphate slaughtered and butchered the Roman empire in the Middle East and replaced the JeZeus God downgraded to prophet with Allah. Arabs together with their Muslim converts ignore the oath brit לשמה cut between the pieces and replace Ishmael as the son dedicated to inherit the chosen Cohen status oblivious to the concept of a chosen Cohen people!
The blessing/curse opening first two commandments of Sinai serve as the basis to understand לא לשמה. Following the capture and destruction of Herod’s Temple the Romans “permitted” the establishment of a Sanhedrin in Tiberias! Akin to Napoleon’s “Sanhedrin” to give citizenship to Jews to serve as hamburger meat in his Armies! Both this and that Sanhedrin לא לשמה, simply because no Pesach/Yovel existed not in the entire history of the בית שני nor in the long g’lut which culminated in the Shoah!
Therefore, the Shas Mishna compiled by rabbi Yechuda does not compile Sanhedrin common law rulings made in the past but rather serves as a model when Jews לשמה reconquer the oath brit homelands and establish the Torah as the Constitution of the Republic of Tribes which mandates a Federal common law Sanhedrin court system when Jews rule this land keeping the Yovel.
Romulus Augustulus, the last Roman emperor, collapsed in 476CE at the boot of the Germanic barbarian Odoacer. The collapse of the Western Roman empire considered by many scholars as marking the beginning of the Dark Ages which witnessed the collapse of international travel and trade.
Virtually all European governments sought to restore the Roman empire. The name Czar of Russia directly refers to Caesar. In the West the crowning of Charlemagne as Emperor of the Romans by Pope Leo III in 800 CE symbolized a revival of the idea of a unified Xtian empire in the West, harkening back to the legacy of Rome. The Holy Roman Empire, established in the early Middle Ages, this entity likewise sought לא לשמה to restore the dead Roman empire, much like the Romans sought, like as did the dead Syrian Greek empire, to erase the memory of the Jewish name off the title of the land – formerly known as Canaan. Then in 1939 the coward Chamberlain, after betraying the Czech Republic the year previous, did the same with the Balfour Resolution and promised to establish an Arab 75% majority Palestinian state within 10 years after WWII.
Great Power 20th Century imperialism an extension of the dreams of Charlemagne and the Czar – both dead empires. Pre-’67 “neutral” England and France–Post ’67 wrote 242 in the Security Council (LBJ tied down in Vietnam), which stands on the British abomination of the ’39 White Paper which promised within 10 years after the War a 75% Arab majority Palestinian state. But both European empires as dead as Rome following the conclusive defeat of their imperial ambition’s consequent to their disastrous attempt to seize the Suez Canal in 1956. Thereafter the Sun set on both empires, reducing them to 2nd rate European powers despite their permanent seats on the UN Security Council.
Yet the UN pretends that it establishes “international law”; specifically in the matter of a Palestinian State. Despite the cold hard fact that the UN Protectorate mandate of the League of Nations “Palestine” … ceased to exist after David Ben Gurion declared – ((post the UN 181 validation by 2/3rds General Assembly validation of Jews equal rights to achieve self-determination)) – the Jewish state of Israel.
All UN attempts to re-impose the White Paper abomination, like UN 3379, 446 and 2334 null and void. The British empire dead like the Roman and Syrian Greek empires. The White Paper directly guilty for the perhaps millions of Jewish murders during the course of the Shoah. Any UN attempt to restore Roman “Palestine” – simply dead.
The phrase “מי שלמד תורה שלא לשמה, סופו ללמד לשמה” – often interpreted in idealistic religious terms, focuses upon religious educational aspects of devote Torah study. However, the Baraita stands under the shadow of Sinai. Torah justice remembers Par’o withholding straw and ordering Israelites beaten for their laziness – to meet the imposed quota of required brick production. In all g’lut lands similar judicial oppression likewise occurs, because the av model of Egypt – לאו דוקא.
Only in the oath sworn lands can Jews observe and keep mitzvot לשמה. Cursed g’lut Jews, by Torah brit, impossible for them to do mitzvot לשמה, because g’lut by definition – corrupt, oppressive, and unjust. The first Sinai commandment only sanctified when the Cohen nation rules Canaan, can our Cohen people “perhaps” public sanctify the Name. But cursed g’lut Jews do mitzvot to not forget how to do mitzvot לשמה should our generation merit to once again conquer Canaan. The model to do mitzvot לשמה directly learns from the precedent-generation of Yehoshua; that generation (unlike the cursed Wilderness generation) conquered Canaan and established all 6 cities of refuge/small Sanhedrin courts; as opposed to the next generation לא לשמה who abandoned Torah justice (recorded in all prophetic mussar) and worshipped avoda zarah.
(Makkot 24a) “אנכי” ו“לא יהיה לך” – מפי הגבורה שמענום Moshe’s entire Torah blessing/curse warning as expressed throughout Devarim 27–30 – nothing but a restated expansion of the first two Sinai commandments. “ראה נתתי לפניך היום את החיים ואת הטוב… ואת המוות ואת הרע.” (Devarim 30). The entire משנה תורה-דברים common law mandates צדק צדק תרדוף as the national application of the first two Sinai commandments.
Moshe’s Torah establishes the oath brit as remembered through the Avot t’shuva; a national as opposed to some psychological or personal religious observance – which any Jew can do in g’lut.
The mitzva of Moshiach dedicates לשמה the rule of צדק צדק תרדוף Sanhedrin common law courts. This wisdom time-oriented positive commandment requires this k’vanna of tohor middot dedications. Based upon the Av precedent, that Moshe anointed the House of Aaron; herein defines the k’vanna of this wisdom time-oriented commandment. When the prophet Shmuel anointed both the house of Shaul and later David as Moshiach. Herein defines the k’vanna, of this wisdom time-oriented commandment לשמה. When Shaul failed to slaughter the king of Amalek and David failed to stand Uriah the Hittite before the Sanhedrin bar, both men profaned the dedication of Moshiach; Shaul lost the kingdom and David too lost the kingdom – initially through civil wars and later through Babylonian g’lut.
מי שלמד תורה שלא לשמה = to a nation that keeps Torah in g’lut—under Par’o, Rome, Charlemagne, the Czars, the British Empire, the UN—where mitzvot observed and practiced without sovereignty, without Yovel, without Sanhedrin, under the shadow of foreign gods and foreign statute law decrees. Mitzvot in g’lut = שלא לשמה; by definition—restricted preservation, rehearsal, memory, the cursed aspects of the Sinai oath brit.
All the centuries of Torah שלא לשמה serve as the definition of the Torah curse of g’lut\exile. The Av tumah Yatzir Ha’Rah spirits by no means meaningless. Egypt serves as the model of t’shuva – remembering the oath sworn by each of the Avot to father the Cohen brit cut between the pieces/akadah\blessing-obligation by which Yaacov embaced the yoke to honor his father Yitzak.
Therefore, the Mishnah simply not a record of an active Oral Torah Sanhedrin judicial system—but a blueprint for future sovereignty expressed through establishment of common law courtroom law. The first “mitzvah” following reconquering ארץ ישראל, the mitzva wherein all Israeli men accept the mitzva of Moshiach as the “yoke of heaven: צדק צדק תרדוף — the dedication of the Yatzir Ha-Tov within our hearts, for all generations to swear through tefillen the oath k’vanna acceptance of the kingdom of heaven; likewise this k’vanna also sanctifies wisdom time-oriented commandment/ k’vanna — brit melah.