The style of the Gemara – difficulty answer. Why? Mishnah as blueprint, Gemara as rotation of facets. My father, to whom I referred to as a boy of 5 years of age as “Wild Bill Kerr”, based upon the TV series: “The Adventures of Wild Bill Hickok”. An American Western television series that aired from April 15, 1951, to September 24, 1958. Wild Bill Hickok, a legendary lawman and gunfighter known for his bravery and quick draw. Jingles P. Jones, Hickok’s comedic sidekick, providing humor throughout their adventures. Framed as set in the 1870s, focusing on the escapades of Hickok and Jingles as they fought outlaws and maintained law and order primarily around Fort Larabee.
My father taught me that a skilled lawyer does not really master his trade unless he can argue persuasively both sides: Prosecution and Defense. Up to this point in this commentary, made upon the opening sugya of קידושין, have framed myself as accepting the yoke of בית שמאי, the Sanhedrin Court prosecuting attorney. Having accused the רישונים חכמים of their intentional guilt, specifically their Av tuma avoda zara; which promotes Jewish assimilation and intermarriage with Goyim who reject the revelation of the Torah at Sinai. The consequence of this fundamental lack of יראת שמים, this Reshonim ערב רב caused the Torah curse of Amalek/anti-semitism\ to plague the generations of the Jewish people like as did the plagues afflicted Par’o and Egypt during the days of Moshe and Aaron and Miriam.
Shall now likewise accept the yoke of בית הילל, the Defense attorney of the Sanhedrin Court and defend both רמב”ם וכסף משנה. The classic Pairs define Talmudic judicial common law. Absolutely essential that my commentary actively attempts a fair defense of the chief רשע – Rambam. “The act of codification in exile – pikuach nefesh for Torah, not rebellion — a suspension of precedent to preserve the covenantal body until the judicial soul of mass aliyah to the reconquered homeland restored.”
Lacking a strong defense for this Av tuma רשע, this commentary on the Av Mishna of קידושין compares to only one hand clapping; the Salem Witch Trials! This said, its essential to lay out the most obvious flaw of the Rambam code; the failure of that רשע to follow the common law Halachic codes made by the B’HaG, Rif, Rosh, and most especially by the Baali Tosafot who ruled Rambam guilty and placed him into the din of נידוי in 1232.
The Baali Tosafot criticized Rashi’s commentary as functioning primarily as a dictionary rather than a common law commentary which interprets the multiple facet perspectives which defines both T’NaCH and Talmudic common law. Only twice in the whole of the Sha’s Bavli did the Baali Tosafot make mention of the Rambam, and in both those cases they challenged and disputed his posok halacha.
But a minority of Baali Tosafot scholars approved and supported the Rambam perversion of Talmudic common law – to assimilated Greek/Roman statute law – cult of personality dictates. (Ask a religious Jew why he keeps the halacha? His standard answer: Because its written in the Shulkan Aruch.) The SMaG, (Sefer Mitzvot Gadol), authored by Rabbi Moshe ben Asher in the 13th century. This Baali Tosafot halachic code organized it’s posok halachic rulings, based upon the rules established by Reshonim conventions. Imposed due to the harsh reality of the collapse of the Roman road system and armed Robin Hood robbers. The tumultuous political and social landscape prompted scholars to consolidate halachic knowledge and attempt to establish a reliable source of Jewish law. He organized his halachic code around the frozen/static 613 Rambam (rigid egg-crate literal orthodox Xtian reading of the language of their bible Creation story). His codification of Reshonim opinions served as the model whereby the Tur based and organized his own statute law code.
Due to the simple fact that the king of France, together with the Pope – catholic church, publicly burned all the Talmudic manuscripts in Paris 1242. In 1290 the Jews of England expelled; 1306, King Philip IV of France, also known as Philip the Fair, ordered the expulsion of all Jews from his realm. These two Tsunami-like Earthquakes utterly obliterated and destroyed the French common law Rashi/Tosafot sh’itta which studied the kabbalah of Rabbis Akiva, Yishmael, and Yosi HaGalili middot. From the Paris burnings to the Khmelnytsky massacres to the Shoah, Amalek reappeared in each generation — the penalty for assimilation and the forgetting the Sinai oath brit alliance.
The latter Tanna, his 32 rules expand rabbinic middot legal scholarship; they amplifies rabbi Yishmael’s 13 rules wherein the Holy Writing serve to amplify differing perspectives made to interpret the Books of the NaCH. The realtionship of the Gemara to the Mishna models itself after how the Holy Writings interpret the NaCH Prophets.
Here’s a brief list and explanation of this famous Tanna’s 32 middot. 1 Kal V’Chomer. A form of argument from minor to major. 2 Gzerah Shavah. A principle that draws parallels between similar terms or phrases in different contexts. 3. Binyan Av. The common law principle of precedents. The anchor of T’NaCH and Talmudic common law. 4. Shenei Ketuvim. Resolving contradictions between two biblical verses. 5. Tzarich L’Chatech. Requires clarification within a specific context. 6. Masar LaChaver. Transmitting a rule or principle to others. 7. Danny D’Rabi. Interpret a phrase based on rabbinical authority. 8. Chalom. A principle that allows interpretation based on dreams or visions. 9. Mikra. The textual basis for legal conclusions. 10. Davar SheBikdushah. A legal concept pertaining to sacred contexts. 11. Hekesh. A type of comparison that links two similar cases together. 12. Sefarim. Reference to books or scriptures that provide guidance. 13. Kavachomer from Torah. A derived legal principle that compares laws from the Torah to other laws. 14. Hekesh d’Rabbanan. A rabbinical comparison of legal interpretations. 15. Shema. Deriving laws that are evident in rules and practices. 16. Ribui U’Mi’ut. One of rabbi Akiva’s principles apart from rabbi Yishmael; inclusivity and exclusivity in legal terms. 17. Memashim. Interpreting terms based on similarity in context. 18. D’varim. Specific discussions within the context of Mitzvot. 19. Tanaim. Recognition of pluralism in opinions. 20. Ma’aseh. Examples that guide understanding or application of a principle. 21. Tuvaot. Philosophical principles based on faith or belief. 22. Kedushah. Principles pertaining to holiness and sacredness. 23. Chiddush. A new interpretation or novel legal ruling. 24. Omak. The principle of measuring depth or intensity in legal interpretations. 25. G’vul. Boundaries concerning laws. 26. Takanah Legal improvements made for community welfare. 27. Harsha. Interpretative techniques that adjust meanings based on context. 28. Shavah. A principle of equivalence or balance in law. 29. Edut. Laws based on testimonies and witnesses. 30. Mitzvot. Observance or fulfillment of commandments within Jewish law. 31. Machloket. The principles governing disputes and disagreements in interpretations of law. 32. Tamim. The concept of integrity and moral character in the practice of law.
My commentary relies extensively upon the rules established by Rabbi Yosi HaGalili. Yet no rabbi, other than Rav Nemuraskii – but of course – ever took the time to emphasize the absolute need to study and comprehend these 32 middot!
The supporters of the Rambam today negate not only the נידוי דין made by the court of Rabbeinu Yonah. But they, to my knowledge, due to the massive anarchy and chaos – resultant of this Civil War – which produced forced mass population transfers which effectively did not terminate till the Church three Century ghetto gulag decree. Which triggered the another tragic forced population transfer of Jews fleeing Western European church unjust tyranny to Eastern Europe. This mass population transfer contributed to the pogroms of 1648.
The 1648 Cossack Revolt, also known as the Khmelnytsky Uprising, led by Bohdan Khmelnytsky against the Polish-Lithuanian Commonwealth. Marked a pivotal moment in Ukrainian history and had enduring consequences for the region. Violent tensions boiled & brewed between the Polish nobility and the peasant Cossack feudal serfs. The latter, faced social and religious oppression, as the Polish nobility pitted aristocratic Catholics, opposed by peasant/serf Cossacks – Orthodox Christians. Peasant communist revolts against the land holding aristocrats, pretty much defines the history of Dark Ages, church oppression and slavery.
Bohdan Khmelnytsky, a prominent Cossack leader and military strategist, Khmelnytsky united various Cossack factions and sought to challenge Polish rule. This peasant/slave revolt began in the spring of 1648. Khmelnytsky attacked Polish forces and saw initial successes, capturing several key towns. This early victory, history remembers as the Battle of Zhovti Vody (May 1648), bolstered Cossack morale and led to further recruitment to his revolt. Another decisive victory the Cossacks enjoyed, which solidified Khmelnytsky’s power and territory, the Battle of Pyliavtsi (September 1648).
The uprising resulted in the Treaty of Zboriv (1649) between the Cossacks and the Commonwealth, granting significant autonomy to the Cossacks and recognition of Khmelnytsky’s leadership. The revolt led to increased Cossack autonomy and eventually contributed to the creation of the Cossack Hetmanate, a semi-autonomous region under Cossack control with considerable independence from Polish authority. The revolt, often seen as a cornerstone in the development of Ukrainian national identity – commemorated in Ukrainian history as a fight for independence and self-determination.
Not till the post WWII Catholic Pius XII inspired rat-lines which openly assisted Nazi war-criminals to escape standing trial, did the utter and complete barbarity of Church Nazi race-based guilt become so blatantly obvious. The Nazis proved that Xtian Europe eternally bears the mark of Cain. Post Shoah, no get out of jail free for Xtianity as a religion; nor for Islam who openly & publicly made open alliance to achieve the goals of Hitler – in both the 1948 and ’67 Israeli Independence Wars.
The opening defence of the רשע Rambam, based upon the 1232 נידוי ruled by French/Baali Tosafot rabbis in Paris. Outside the Land, Divine justice does not manifest through Sanhedrin jurisprudence — for HaShem Elohei Yisrael – bound by brit to the soil of the oath sworn lands. Having accused the Rambam as ha-rasha ha-gadol in Beit Shammai’s charge sheet, the Beit Hillel defense now must redeem him on grounds of intent (kavanah). Alas, this defense immediately collapses due to the Rambam’s bi-polar Sefer Ha’Mitzvot which totally ignores tohor time oriented commandments which absolutely both define and hence require — k’vanna. None the less, the essence of Gemara — that justice lives not in verdict but in the capacity to argue both sides with equal passion.
The obligation of Beit Hillel defense requires in-depth examination of the Rambam’s halachic rulings. The Rambam (1138–1204) lived through the Almohad persecutions in Spain and Morocco, when Torah academies were burned and communities forced to convert or die. In such times, the Rambam’s Mishneh Torah was not an act of rebellion but of triage — a desperate effort to preserve the body of law until neshamah chadashah could restore its soul. His code did not deny Torah shebe’al peh; it froze its surface in order to prevent total loss.
The Kesef Mishneh (R. Yosef Karo) later wrote: “He wrote a code not to uproot the Gemara, but to protect it, lest the generations forget even its bones.” The prosecution identifies codification with Avoda Zara, arguing that it transforms the living word into a fixed idol. Yet idolatry in Torah law is defined not by the form of worship but by intention — kavanah. The Rambam’s intention, as proven in his Introduction to Mishneh Torah, was not to replace the Oral Law but to “gather what is scattered” (le’asof hanidachim). Alas the Rambam replaced dynamic פרדס inductive logic with Greek syllogism deductive logic.
In his Introduction to Sefer HaMitzvot he writes: “I did not intend that one abandon the Talmud, for the Talmud is the root of all decisions.” Thus, the form of his writing — systematic, Greek-like — cannot be construed as Avoda Zara unless the intent actually qualifies as alien worship which the prosecution maintains. The burden of proof for idolatrous intent cannot stand in din Torah without testimony and motive. The prosecution claims that Rambam’s move from common law to statute code, violated the dynamic precedent system (binyan av). Yet Ezra HaSofer and the Men of the Great Assembly themselves wrote down the Tanakhic canon to preserve it post-exile. Codification – in crisis – perhaps qualifies precedent, & not rebellion.
R. Yosef Karo’s Kesef Mishneh perhaps understood not as blind allegiance but as judicial commentary — a defense brief of its own. He accepts Rambam’s framework but reopens the dialectic: where ever Rambam seems to rule against the Gemara, the Kesef Mishneh restores the dialogue of possible Gemara sources, but fails to bring the language of the Mishna as does the common law codes of the B’HaG, Rif, and Rosh. Does the Kesef Mishneh replicate what Beit Hillel does to Beit Shammai — not to overturn, but to temper judgment viewed from an entirely different perspective? Most definitely no.
The prosecution links Rambam’s rationalism to assimilation. Yet history shows that rationalism, in Rambam’s hands, perhaps served the opposite purpose: to rescue Judaism from the Aristotelian cults of barbaric Islam and Xtian Av tuma avoda zarah. In Guide for the Perplexed, Rambam dismantled the Greek metaphysical “gods” and reframed Torah theology in the language of the nations, to prevent the youth of his generation from apostasy. Is this לא תעשון כן לה’ אלהיכם in reverse — cleansing foreign ideas for Avodat Hashem? Again clearly No. The Rambam defense admits that he erred. However, his error limited only to method, to faith; in precision – not to loyalty, requires an עיון that this introduction can only suggest at this early stage of the trial.
The Ba’alei Tosafot indeed criticized his halachic method — a legal dispute within the precedent of the B’HaG, Rif codes? No the Rambam clearly favored systematic ease over common law judicial discipline. The Rambam’s מציאות השם radically differs from the Talmudic masoret which teaches that only the 12 Tribes of the Chosen Cohen people accepted the revelation at Sinai: the brit to continuously create the seed of the Avot through tohor time oriented Av commandments, starkly different from the Rambam opinion, embraced by the vast majority of assimilated Jews who themselves stood in absolute terror from Xtian & Islamic Av tuma avoda zarah Creed beliefs in some Universal God. G’lut Jewry endured a nightmare, an absolute panic of dread & fear. Therefore they abandoned the Sinai revelation limited to a Tribal local god.
The Cherem against the Rambam in Montpellier arose not from halachic analysis but from this precise horror experienced by the assimilated Jews of Spain. Their crude knowledge of Torah faith as common law judicial justice, utterly overwhelmed by their absolute dread of philosophy’s encroachment on the purity of common law judicial faith; that seals the focus of the oath alliance upon the Sinai brit that touches the eternal creation of the Chosen seed of the Avot through time oriented tohor commandments.
Clearly the Rambam’s vision of what defines the foundation of prophecy, stands fundamentally apart from the Talmudic definition which understands prophets as persons who command mussar to all generations of the chosen Cohen people. Its this prophetic mussar which the Aggada of the Talmud defines the k’vanna of rabbinic halachot throughout the Talmud employs to plant mussar seeds within the Yatzir Ha’Tov; elevates positive rabbinic commandments to Av tohor time oriented commandments based upon the Oral Torah 13 middot revealed at Horev; the kabbalah of rabbi Akiva’s פרדס inductive dynamic reasoning akin to the variables of Calculus. The priority of pursuit of judicial common law justice vs. theological belief in a Universal omnipotence, omniscience, and omnipresence God — starkly different than outside of the land of Israel there exists no God. The restrictions on the Sanhedrin courtrooms obeys the model of Tribal HaShem as God of the Chosen land.
The Talmud fundamentally rejects speculation attempts to grasp the nature of the Gods as “better such person never born”. Greek philosophy’s influence upon Spanish Jewry had clearly overshadowed the shade cast by the Tree of Life. Jewish philosophers, without shame, debated the nature of God’s existence, on par with Xtian and Muslim avoda zarah believers. The Zohar’s kabbalistic mysticism promoted the large and small face of God Av tuma narishkeit.
Avoda zarah’s metziut of God as experienced through the absolute prioritization of faith in some theological belief system – artificial creed, spiritual practices, and personal encounters with the Divine. Miracles and divine providence play a significant role in affirming the existence of a Universal rather than a small tribal god. Descriptions of God mirror the sin of the Golden Calf word translations for שם השם. Rambam’s metziut of God encompasses a complex assimilation of philosophical inquiry, theological discourse, and personal experience. Understanding God’s existence requires engaging with both rational arguments and the richness of spiritual and communal experiences.
In his Introduction to the Yad Rambam writes: “My purpose is to gather the scattered, that the weary may find rest in one accessible structure.” None the less Yosef Karo failed to grasp that the sugyot of the Talmud a) require respect in and of themselves; b) serve as common law precedents to re-interpret the original language of both the Gemara sugya itself, together with the Mishnaic language – viewed from a completely different facet perspective.
Some argue that R. Yosef Karo’s Kesef Mishneh transforms the Rambam Yad from idol-statute into case law in exile — a portable court for a dispersed people. In the early 2000 sat with 70 other anointed judges in an attempt to restore Sanhedrin courts. Alas the vast majority of my peers perceived the Rambam Yad served as the ideal model by which we could re-establish Sanhedrin common law courtrooms! Does the Kesef Mishneh stands as the Rambam’s second breath — the return of neshamah chadashah into the vessel that had been frozen by necessity? Clearly no.
Rambam’s Guide dismantled the idolatries of his age — Aristotelian eternity of the Earth, Islamic predestination, and Xtian incarnation — translating Torah theology into the language consoled Goyim hostility, so that Jewish youth might survive their Christ-killer slanders. Assimilated Spanish Jewry had long ago actually embraced the concept of avoda zara altered and restricted/limited to the Goyim concept of actual physical or historical idol worship. Aristotle’s philosophy posited an eternal universe, implying that the world has no beginning or end. For Rambam, this notion contradicted the creation narrative in the Torah, where God creates the world at a specific point in time. But he failed to grasp the essence of בראשית as the introduction of tohor time oriented Av commandments vs the תולדות מצוות which do not require k’vanna.
In certain Islamic philosophies, there is a strong emphasis on predestination, where God’s will determine all events. This concept raises questions about free will. Assimilated Rambam confused the Centuries later Protestant – Calvin’s ‘free will’ – with the Talmud’s ירידות הדורות domino/ripple effect. The Rambam failed to grasp that Islam’s strict Monotheism Universal God theology uproots the 2nd Sinai commandment. Hence the Guide actually embraces the error of monotheism as the nature of God; a direct violation of the Mishna which warns man not to contemplate upon that which exists above, below, or behind the humanity of Man. Converting Greek philosophy re-labelled as Jewish philosophy, serves only as revisionist history – holocaust denial – on par with the modern-day UN declarations of a genocide in Gaza.