An introduction to the Vilna Sha’s Bavli. This edition has two primary Reshonim commentators Rashi and the Baali Tosafot. Rashi functions as the dictionary. The grand-children of Rashi introduce Talmudic common law. The latter commentators decreed a נידוי ban upon the Rambam in 1232. Spinoza influenced by possibly either by Greek Stoicism philosophers like Heraclitus and Plotinus. Some pre-socratic philosophers, such as Anaximander, likewise expressed ideas akin to pantheism.
The Jewish community in Amsterdam made the decision to impose a cherem decree upon Benedict de Spinoza in 1656. Rationalist philosophy, developed by both Maimonides (Rambam, 1135-1204) and Baruch Spinoza (1632-1677) utilized Greek philosophical concepts to shape their theological and philosophical views. The Rambam’s embraced the Muslim concept of a Universal God and rejected that only the 12 Tribes of Israel accepted the Torah at Sinai. This key Talmudic concept therefore understands HaShem as a local Tribal God. Spinoza, perhaps influenced by Hinduism – specifically Brahman – both express the view that God and Nature – Deus sive Natura. A Latin phrase that translates as “God or Nature.” Rambam’s emphasis on the unity of God paved the way for Spinoza’s conviction that the divine lives in all aspects of the universe, leading to his famous statement that “God or Nature” (Deus sive Natura).
The Talmud emphasizes that God’s essence simply beyond human understanding or comprehension. Akin to asking a frog to explain a word definition found in Webster’s dictionary. Speculating about God’s nature across the board, viewed as presumptuous or inappropriate – better that such a person – never even born.
Hence the Talmud interprets the language of the Torah: צדק צדק תרדוף as a limitation of faith restricted on the obligation of common law courts to impose fair compensation of damages. Prophets functioned as the police enforcers of Sanhedrin courtroom rulings which established Jewish common law within the borders of the oath sworn lands. By stark contrast Av tuma avoda zara employs rational theology as its fulcrum wherein it defines the nature of the Gods. The Nicene Council declared Trinity whereas Muhammad declared a strict Monotheism. Both this and that failed to comprehend that time oriented oath sworn commandment create מלאכים יש מאין תמיד מעשה בראשית.
גופא: The Vilna Shas, as expressed in the opening thesis statement establishes Rashi as a Webster’s dictionary and the Talmud as a common law commentary which interprets any given sugya of Gemara often through similar Case/Rule precedents located in other Gemara mesechtot. משנה תורה means “Common Law”. The Rambam did not know this basic fundamental. Rabbi Yechuda Ha’Nasi named his Mishna based upon the second Name given to the Book of דברים; the Mishna teaches common law judicial rulings made by Sanhedrin courtrooms. Statute law originates from authority figures; law imposed or decreed by some Legislature, Congress, or Parliaments qualify as statute law. Rambam’s code of halacha – statute law.
Its this fundamental distinction which forever separates Shabbat from Chol, common law from statute law. Hence in 1232 the rabbis of Paris agreed with the court of Rabbeinu Yonah in Spain to impose the ban of נידוי upon the person of Rambam. Nothing can altar the simple fact that Rambam’s halachic posok reflects statute law rather than common law. Just that simple. No fancy dance’n.
As a two-dimensional painting cannot accurately depict three dimensional life, so too and how much more so statute law cannot replace judicial common law rulings which strive to make fair restitution of damages inflicted. Statute law by stark contrast prioritizes religious ritual observances which requires no k’vanna. The restriction of Torah and Talmud to קום ועשה ושב ולא תעשה מצוות directly compares to a person who publicly profanes Shabbat in front of ten Torah observant men. Both time oriented commandments שבת וקידושין actively require a minyan; based upon the false oath sworn by the 10 spies which duplicated the floods which destroyed the generations of Noach and the Orthodox rabbis refusal to make aliyah to the Zionist Palestine British mandate in the 20s and 30s which thereafter witnessed the Shoah.
Cutting a Torah brit alliance – requires swearing a Torah oath, just as does observance of both Shabbat and קידושין. This basic fundamental, Orthodox Judaism today just as ignorant as Rambam’s failure to grasp the meaning of משנה תורה.
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כי יקחאיש אישה. ולא כתב (דברים כב) כי תקח אשה לאיש. מפני שדרכו של איש לחזר על אשה ואין דרכה של אשה לחזר על איש. משל לאדם שאבדה לו אבידה. מי חוזר על מי? בעל אבידה מחזר על אבידתו
Disciplined Talmudic scholarship requires making a precedent search for both the p’suk as well as the language of a גזרה שווה which links our Gemara to :נדה לא. Its these *asterisks, which quietly instruct how to learn a dof of Gemara practicing the Torah wisdom of common law. Notice, if you will the frequency that the Baali Tosafot likewise examine a sugya of Gemara by comparing it to these identical outside source precedents. Common law learns by means of making precedent study analysis. The Bavli employs these *astericks to other sugyot in the Sha’s Bavli. But once a person discerns the exact phrase of the Mishna which that sugya addresses, then likewise possible to make a Yerushalmi search. The two opposing Gemara frequently instruct conflicting ideas on the exact same subject. To make a Yerushalmi depth analysis, hands down far superior than relying merely upon Reshonim commentaries.
Rav Nemuraskii ז”ל he repeatedly emphasized to me the central importance of sugya integrity. He explained that each sugya of Gemara resembles to the structure of a sonnet or a thesis statement. This permits a scholar, for example – when the Baali Tosafot jump off the Dof, to establish a syllogism of fixed rigid logic: Opening vs Closing thesis statement and one din adjacent to the off the dof Baali Tosafot גזרה שווה precedent. The objective of this type of discipline in learning, to view the same identical idea from a completely different Mishna/Gemara perspective. Based upon the logical syllogism premise: if A & B accurate therefore the concluding proposition equally accurate. Standard syllogism deductive reasoning.
Rav Nemuraskii’s sh’itta of Talmudic learning easier to learn in practice than to describe it in theory. The יסוד of this Talmudic kabbala, sugya integrity across the Shas. This fixed point in all Talmudic literature permits down stream generations to learn any off the Dof sugya based upon the established principals that a syllogism comprised of three parts.
The statute law halachic codifications obliterated, in their pursuit of fixed religious ritual practices so as to simply Judaism’s faith in God – Talmudic sugya integrity. Furthermore, no judge in any Sanhedrin courtroom ever tried a case where “belief in God” shaped the outcome of the judgment! To permit personal beliefs in theology to determine the rule of law defines the לא תעשה מצוו not to accept a bribe. Justice addresses the issue of damages inflicted NOT a persons’ personal theological belief system.
The wisdom necessary to compare one Gemara sugya with a similar but different mesechta Gemara sugya distinguishes רמז\סוד logical diagonal which separates פרדס fluid inductive logic from syllogism rigid deductive logic; like the difference between Calculus variables vs. plane geometry proofs and algebraic equations. Dynamic vs. static mathematical reasoning.
The latter error compares to the Middle Ages wherein catholic/protestant priests or pastors would invade synagogues across Europe every Shabbat and force Jews to listen to their utterly despised and abhorred preaching attempts to convert us to convert and embrace their murderous Av tuma avoda zara religion(s). The church(s) imposed their evil ghetto gulags for 3 Centuries as a despicable expression of their perverted notions of justice. Post Shoah, NEVER AGAIN — Jews have sworn a solemn oath that Goyim shall not judge Jews in their corrupt courtrooms ever again — starting with the UN/ICJ or ICC/Rome treaty. Both institutions post Oct 7th 2023 have utterly destroyed their good name reputations.
The g’lut Yeshiva education system, even in ארץ ישראל, has yet to cast off the tuma klippa shells. In Kabbalistic mysticism, particularly as articulated by the Ari (Rabbi Isaac Luria), the concept of klippot representative of the “shells” or “husks” that envelop and conceal the divine light. These shells are often associated with forces of evil and obstruction to spiritual elevation. Klippot are viewed as barriers that hinder spiritual enlightenment and individual connection to the divine. Just as a fruit’s shell may protect and hide its nourishment, klippot obscure the underlying divine light.
In Kabbalistic thought, the interplay between holiness and klippot illustrates the duality within creation. Klippot embody chaotic, destructive forces that can lead individuals away from divine consciousness and fulfillment. Encountering klippot understood as part of a spiritual journey. Overcoming these shells allows individuals to reclaim the divine light veiled within our Yatzir Ha’Tov; transforming tuma middot spirits from within our Yatzir Ha’Raw by remembering the oaths sworn by the Avot wherein their oath brit first created the chosen Cohen people.
Lurianic Kabbalah often categorizes klippot into different levels or types. The ‘Ten Klippot’ parallel the Sefirot (divine attributes), as taught through the kabbalah of the Zohar; a profound Reshon midrashic commentary to the Chumash. Published after the Pope and king of France publicly burned all the Talmudic hand written manuscripts in France in 1242. The ‘Ten Klippot’, according to the Talmud – they represent the mussar דרוש\פשט which remember the ten times the generation of the Wilderness, under the leadership of Moshe, Aaron and Mariam, denied our oath Sinai brit alliance.
This idea supports the משל, that each klippa serves to conceal the light associated with each corresponding Sefira. T’shuva does not spin around the central axis of regret, like it does in the religions of avoda zara. Rather, t’shuva – based upon Moshe reminding HaShem of the oath sworn to the Avot – spins around remembering the 3 oaths sworn by the Avot wherein each cut an oath brit alliance concerning the eternal life of the chosen Cohen people.
Just as the klippot conceal the divine light, statute law conceals the living precedent of the Oral Torah. Restoring sugya integrity – an act of tikkun—the peeling away of the husk to reveal the oath brit within common law itself.
The precedent for the 10 Sefirot, the עשרת הדבורות מסיני. The Reshon Zohor midrashic commentary, obviously influenced by the alien 10 commandment reading of the Xtian bible. The Talmud instructs that Israel only accepted the first two Sinai commandments prior to Israel demanding that Moshe rise up and receive the rest. Israel did not receive the rest of the Written and Oral Torah revelation until after Yom Kippur 40 days after the sin of the Golden Calf translation of the שם השם סיני רוח הקודש to the av tuma avoda zara word אלהים.
Limiting the initial revelation of Sinai restricted to only the first two commandments — utterly repudiates the av tuma avoda zara of both Xtianity and Islam. Neither ever once bring the שם השם first commandment Name. Islam’s strict monotheism violates the 2nd Sinai commandment; if only one God lives then no need for this commandment. Alas the false prophet Muhammad ignored all the NaCH prophets whose mussar condemned the worship of avoda zara by Israel – starting with Egypt under Par’o. The idea of some ONE Universal God, an avoda zara which defines the error of the Rambam’s statute law assimilation, completely denies that only Israel accepted the yoke of the kingdom of Heaven at Sinai; that only through observance of tohor time oriented commandments, which require prophetic mussar as their k’vanna, does the Torah brit continuously creates the chosen Cohen people יש מאין.
Shall follow the Order of precedents based upon our Gemara “outline”. Statute law reads the Gemara as a finished product. A fundamental error; a building – no matter how tall, regardless of the Rambam Yad or Karo בית יוסף – with a cracked foundation, must come down. The Tur collage of Reshonim opinions fails to discern between common law from statute law. The sloppy scholarship made by assimilated Reshonim produced the fruits of ירידות הדורות, no different than did king Shlomo’s Temple which replaced the establishment of Sanhedrin Federal common law courtrooms – based upon the din of the two prostitutes who compare to Moshe standing before the court of Par’o.
The Talmud serves merely as a outline which requires down stream generations to make a פרדס logic analysis. Each down stream scholar can logically compare the Talmudic outlined Case to his own theory of ideal precedents! The Vilna Shas is not a book but a courthouse. Rashi provides the language of testimony; Tosafot the case precedents; and the Gemara, the living motion of common law. Against this stands Rambam’s Yad — the first codified statute law to replace the covenantal courtroom with bureaucratic religious decree. The founding fathers of the American Republic separated Church from State in the first Amendment to their Constitution.
Talmudic analysis requires gopher work. דברים כב:יג located within the larger sugya כלל: כב:יג-יט. This sugya contains no שם השם מידה. Hence, by the way Rav Aaron taught me, the sugya כלל: כב:ה-יט. The opening sugya introduces: ולא ילבש גבר שמלת אשה כי תועבת. Our Gemara likewise makes distinctions between Men and women. The next sugya addresses the obligation to respect even the dignity of animals. The next sugya addresses the dignity of the land itself. The next sugya forbids working animals possessing different innate strengths together; this equally applies to fabrics from plant vs animal sources. The mitzva of tzitzit serves to confine the purpose of Torah commandments to protection of dignity and value.
Par’o crushed the dignity and value of g’lut Jewry stateless refugees, as did both the Church and Islam. Now within this context the intent of כי יקח איש אשה ובא אליה ושנאה ושם לה עלילת דברים והוצא עליה שם רע. Learning a Torah p’suk requires the discipline of reviewing that specific פרט as it understands the sugya כלל לשמה. The Chumash addresses how a fool can permanently destroy his good name reputation. Herein the Torah addresses the concept of יראת שמים.
Compare the mussar from בראשית ד:א והאדם ידע את חוה אשתו ותהר ותלד את קין ותאמר קניתי איש את השם. Why did HaShem reject the korban dedicated by Cain? Cain offered a barbeque unto Heaven. His brother, the chosen Cohen first born, dedicated יראת שמים as the k’vanna of his korban. A time oriented commandment, greater than a positive commandment. Upon this distinction did HaShem chose who qualified as the first born son of Adam. Fear of Heaven, it does not compare to the famous reflex impulse commercial: “Gee I could have had a V-8”. דכתיב: וינחם ה’ כי עשה את האדם בארץ ויתעצב אל לבו. Still another example of bruised dignity: ותאמר שרי אל אברם חמסי עליך אנכי נתתי שפחתי בחיקך ותרא כי הרתה ואקל בעיניה ישפט ה’ ביני וביניך. The mitzva of קידושין rests squarely upon a man building the dignity of his house. This applies to both wife and children. Just that simple. No fancy dance’n.
Weigh the kabbalah of שמואל א יד:א-ה. Jonathan developed a tuma midda of undermining the authority of his father. In the end, Mephibosheth, the son of Jonathan, his loyalty to David became suspicious following the Av Shalom revolt. Later, Solomon weighed the complexities, & remembered Jonathan’s love for David. He preserved Mephibosheth’s inheritance. This decision highlighted the importance of loyalty over-cast by suspicion, in a times of political anarchy and chaos.
The dynamics between King Shlomo, Mephibosheth, Ziba, (Mephibosheth’s servant), who undermined his master by claiming that Mephibosheth sought to take advantage of David’s troubles and aligned himself with Absalom; and Shimei, (Shlomo’s Talmudic instructor), illustrate the complexities of loyalty, authority, and familial relationships which prophetic mussar frames. It appears to me that our Gemara likewise addresses marital family relationships based upon similar complexities.
This type of in-depth analysis the statute law codes, and Reshonim commentaries simply do not address. Utterly absurd to make a study of the Talmud, divorced from the Primary Sources of the T’NaCH literature. Midrash functions “the” commentary of Talmudic Aggadic sources throughout the Sha’s. This basic fundamental the Yeshiva world today totally ignores.
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דתנן: המפלת ליום מ’ אינה חוששת לולד … וחכ”א אחד בריית הזכר ואחד בריית הנקבה — זה וזה מ”א. גמ. מסתברא טעמא דרבי ישמעאל דקמסייע ליה קראי קמ”ל. דרש רבי שמלאי למה הולד דומה במעי אמו לפנקס שמקופל ומונח ידיו על שתי צדעיו שתי אציליו על ב’ ארכובותיו וב’ עקביו על ב’ עגבוריו וראשו מונח לו בין ברכיו ופיו סתום וטבורו פתוח ואוכל ממה שאמו אוכלת ושותה ממה שאמו שותה
ואינו מוציא רעי שמא יהרוג את אמו
“As we have learned: A woman who gives birth on the fortieth day is not concerned about the fetus… And the sages say, whether it is a male infant or a female infant — both are significant.
Gemara: The reasoning of Rabbi Ishmael is evident, as it is supported by verses. Rabbi Shemalai interpreted: Why is the fetus in its mother’s womb compared to a folded notebook with its hands on both of its cheeks, its elbows on both of its knees, and its heels on both of its ankles? Its head is positioned between its knees, its mouth is sealed, and its navel is open. It eats from what its mother eats and drinks from what its mother drinks, and it does not release any waste, for fear that it might harm its mother.”
Clearly in matters of healing, the Talmud authority being Ages past time and Human knowledge have undermined. None the less, the issue raised by the Gemara runs parallel to the Book of Shmuel quoted previously. Learning T’NaCH precedents serve as the basis by which later generations understand the framers of the Talmud.
The second leg of our sugya syllogism: ומפני מה איש פניו למטה ואשה פניה למעלה כלפי האיש? זה ממקום שנברא וזו ממקום שנבראת. ופני מה האיש מקבל פיוס ואין אשה מקבלת פיוס. דכתיב: משלי יד:א–חכמות נשים בנתה ביתה ואולת בידיה תהרסנו. No one force king Shlomo to marry all his foreign wives! He alone bears full responsibility for his avoda zara עון. Its this pre-condition wherein he agreed to cut alliances with other goyim kingdoms, starting with Egypt. The wisdom of that alliance did not prevent king Shishak for conquering Jerusalem!
These two points establish the sh’itta line of learning this sugya. שאלו תלמידיו את רבי דוסתאי ברבי ינאי: מפני מה איש מחזר על אשה ואין אשה מחזרת על אש? משל לאדם שאבד לו אבידה. מי מחזר על מי? בעל אבידה מחזיר על אבידתו
These precedents weigh the dignity and worth of Man and woman as equal – straight from their inception and birth. Each exorcises different skill sets. But life depends equally upon the other. Therefore the idea of child rape as kosher – utterly repugnant. How did the Baali Tosafot address this question?
אי תנא קונה ה”א בע”כ. ואע”ג דתני האיש מקדש דמשמע בע”כ, היינו משום דכבר אשמועינו הכא דבע”כ לא יהא דקתני היבמה נקנית ולא קתני היבם קונה בע”כ. איידי דקתני האשה נקנית תני נמי סיפא, היבמה נקנית דנקנית משמע מדעתה
Therefore the Tosafot disputes the posok halacha made by the Rambam quoted earlier. Obviously this one case does not systematically refute statute halachic law straight across the board as treif. But king Shlomo forced his teacher to live within the borders of Jerusalem, and when he pursued to recover his lost ass, king Shlomo put him to death in accordance with his fathers’ wishes. Its absolutely essential to stand the Talmud upon the foundations of the T’NaCH literature. The g’lut Yeshiva education system today does not learn in this manner. Talmudic scholarship which fails to delve into prophetic mussar makes itself blind to the k’vanna of time oriented Torah commandments. Clearly, it seems to me, that a man pursues קידושין in order to build the dignity of his wife and family.