Shabbat a זימן גרמא מצוה.
All time-oriented commandments require making a fundamental הבדלה which separates Av time-oriented commandments which require כוונה from toldot קום ועשה ושב ולא תעשה מצוות שלא צריך כוונה. להבדיל בין מלאכה מן עבודה
Am a yid attempting t’shuva after coming to Israel in 1991. Rejected the Rambam’s Sefer Ha’Mitzvot in favor of the B’HaG vision of Torah commandments. For a time-oriented commandment example: tefillah; Rambam’s introduction rejects the B’HaG’s order of mitzvot. Let’s focus upon his 5th positive commandment – tefillah. The B’HaG learns the opening Mishna of ברכות – that קריא שמע תפילה דאורייתא. The Rambam, based upon the criticism made by the RambaN, ruled that tefillah Shemone Esrei דאורייתא.
A fundamental error on par with his error concerning forced קידושין על ידי ביאה with a young minor child who lacks the mental maturity to understand the “k’vanna” of the time oriented mitzva of קידושין. This fundamental flaw in the Sefer Ha’Mitzvot which divides the תרי”ג מצוות into positive & negative commandments and ignores Av tohor time-oriented commandments an error that makes his scholarship totally treif. On par with his perversion of 4 part inductive logic פרדס – the kabbalah of rabbi Akiva, Yishmael, and Yossi Yossi Galili. Assimilated Rambam relied upon the 3 part deductive syllogism logic of Plato and Aristotle; Rambam blew out the lights of Hanukkah and caused the Jewish people a tragic ירידות הדורות, Israel forgot the Oral Torah as the Hanukkah blessing in the bencher testifies.
His statute law code utterly worthless when learning the Gemara. The example of the opening sugya of קידושין brings the common law precedents of etrog and כוי. To understand the limitations of the 3 ways a baal acquires a woman as a wife which do not apply to a young girl due to her lack of maturity – similar to etrog. Rambam’s statute law (assimilated to Roman statute law which organized law into categories), none of the super commentaries starting with the כסף משנה/Karo caught his fundamental error.
Talmudic common law (court-room judicial law) brings precedents (בניני אבות) which re-interpret (משנה תורה-common law) the intent of the language of the Mishna based upon a completely different perspective. Like the Front/Top\Side views of a blue-print permits the קבלן to construct a 3 dimensional building from a 2 dimensional blue-print. The Rambam erred when he ruled that ביאה achieves קידושין even in a young child who lacks the mental maturity to understand how a man who rapes her acquires her as his wife.
In short the halachic rulings made by this assimilated Jew utterly treif. In 1232 the Rabbis of Paris/Baali Tosafot agreed with the court of Rabbeinu Yonah in Spain and placed the ban of נידוי upon the Rambam. 10 years later the king of France together with the Pope decreed the burning of the Talmud in France. Rabbeinu Yona duplicated the error wherein the two warring brothers, Aristobulus II and Hyrcanus II, invited Roman general Pompey into the walls of Jerusalem to resolve their dynastic dispute. The Hasmonean kingdom fell without even a whimper. What a disgrace.
Unlike the Tzeddukim who lost the Hannukah Civil War, Karaite Rambam won the identical Civil War wherein Jews forgot the Oral Torah פרדס logic system; the Talmud compares to the warp\weft of a loom – halacha/aggada. דרוש ופשט affixed to the Aggada which makes a drosh onto T’NaCH prophetic mussar (T’NaCH like the Talmud a common law legalism); רמז וסוד weave prophetic mussar “p’shat” determining the k’vanna of halachic mitzvot. The B’HaG rules that raising mitzvot to Av tohor time-oriented commandments makes these rabbinic mitzvot into דאורייתא commandments.
This sh’itta of learning “acquired” from Rav Aaron Nemuraskii a talmid of rabbi Yosef Shalom Elyashiv. Rabbi Nemuraskii did not teach this sh’itta of learning to his sons because he feared they would suffer isolation and disgrace. Rabbi Elyashiv did not teach this sh’itta to his sons Moshe and Binyamin, both of whom danced at my wedding, I suspect for the same exact reason. As a person attempting to remember the ways of my forefathers ie t’shuva, the risk of isolation and disgrace much more far removed.
Hanukkah clearly a post Torah rabbinic commandment. That’s if a person “shoe boxes” Torah commandments into Moshe commandments and post Moshe commandments as the Rambam did. This latter רשע totally assimilated like the Karaim and before them the Tzeddukim; all these religious sects or leaders believed and embraced as the Primary basis of their faith absolute trust and acceptance of ancient Greek Philosophy over the secondary Torah revelation at Sinai and Horev. The Rambam no different from those earlier/contemporary Jewish cults and/or sects who deny the Oral Torah revelation at Horev. Obviously this includes the writers of the New Testament.
Rabbi Akiva taught a kabbalah touching the Oral Torah revelation at Horev which defines it as a rational inductive reasoning logic system. Its known as the פרדס four part inductive comparison logic which measures Case/Rule cases to other previous judicial Case\Rule cases – precedents — בניני אבות. Judicial common law establishes law through courtroom rulings rather than cult of personality authority figures or legislative law. One of the central meanings of משנה תורה – Legislative Review.
The scholar known as the B’HaG, the last generation of the Talmudic scholars which preceded the Reshonim talmudic scholars. Gaonim 600 to 950CE. Reshonim 951- 1450 CE. The Rambam published his Yad Chazakah statute law halachic code in about 1185. In context, the Rabbeinu Tam – the leader of the common law Baali Tosafot French school of Talmudic scholarship – he died prior to the Rambam publishing his assimilated abomination code of halachic statute law.
The Book known as Sefer Ha’Mitzvot the Rambam wrote as an introduction to his puke Yad narishkeit. In that book he classified the 613 Torah commandments limited strictly to the language of the Written Torah; akin to how Orthodox Xtians interpret the Creation story of sefer בראשית. The Rambam rejected the kabbalah of rabbi Akiva’s 4 part פרדס inductive logic format in favor of Plato and Aristotles 3 part syllogism deductive logic philosophy.
The B’HaG preceded the Rambam by about 3 generations. As one of the last of the Gaonic school of Talmudic scholarship in Iraq, he too introduced his common law halachic codification הלכות גדולות, by first addressing Torah commandments. The B’HaG greatly influenced, even dominated the early Reshon – the Rif – and how he organized his common law halachic code. The Baali Tosafot approved of the court of Rabbeinu Yonah’s ban of נידוי upon this early Spinoza Rambam; in 1232 the rabbis in Paris place the ban of נידוי upon the Rambam. The Rif, two generations before the Rambam published his Greek/Roman statute law halachic perversion.
The B’HaG’s “sefer Ha’Mitzvot” unlike the assimilated puke Rambam’s travesty codification of the so called 613 Torah commandments, which froze these commandments into, so to speak, an ice tray having two rows: positive and negative commandments. The Rambam failed to grasp the Av priority of tohor time-oriented Torah commandments!
The B’HaG understood that if a T’NaCH\Talmudic scholar possessed the wisdom to elevate secondary commandments which do not require k’vanna to Av tohor time-oriented commandments which absolutely without exception require prophetic mussar as the k’vanna; then this special type of Av commandments possessed the power to make an aliya, to raise rabbinic commandments out of the din of g’lut, unto Torah commandments observed in ארץ ישראל in all future generation redeemed from the Torah curse of g’lut. This the “substance” rather than the “form” of Torah commandment observance has the power to raise rabbinic mitzvot unto Torah commandments.
The Rambam puke – being a totally assimilated Jew clung to Greek philosophy rather than a scholars of the kabbalah of rabbis Akiva, Yishmael, Yossi Ha’Gallilee – the great Tannaim (scholars who preceded Rabbi Yechuda’s codification of Great Sanhedrin judicial rulings known as the Mishna). This “rabbi” who betrayed the substance of Rabbinic Judaism – teachers of the Oral Torah revelation at Horev, who accepted the yoke of the kingdom of Heaven from the P’rushim – the Rambam’s complete and totally treif learning compares to the New Testament abomination.
In conclusion: All time-oriented mitzvot are Av tohor commandments. Av mitzvot require כוונה, and the כוונה defined by prophetic mussar, not by the mechanistic performance of the act. Toldot mitzvot (קום ועשה / שב ואל תעשה without kavanah) rely on the Av-mitzvah to give them meaning by functioning as precedents within the language of the Written Torah.
An example of elevating rabbinic to Torah commandments: Torah allows Sanhedrin to determine months — a human action becomes the Torah’s time. If a rabbinic commandment is aligned with an Av time-oriented mitzvah and framed through prophetic mussar, it ascends from din derabbanan to din d’oraita.
The Rambam’s code, which freezes Sinai into a dead text divorced from the living Sanhedrin. Chanukkah as a Torah commandment categorically rejects Hellenistic assimilation. The establishment of both Chag Purim and Chanukkah – an act of Sanhedrin court authority. Once Ḥanukkah attaches itself to the Av-mitzvah of Hoda’ah on national geulah, its status automatically becomes דאורייתא — not because its lights – ancient, but because its kavanah dedicates a Jew to only interpret the Written Torah through פרדס Av-tohor time-oriented commandments.
The Oral Torah functions as a common-law constitutional system (פרדס), NOT some Greek statute. A Torah obligation national oath brit commitment to pursue judicial justice within the borders of our Homeland, to make fair restitution of damages inflicted upon other. The substance and reason of the first Sinai commandment.