Mishneh Torah, Kings and Wars 9

Hook

Imagine the scent of jasmine and cardamom mingling with ancient parchment, sunlight streaming through a Moroccan mashrabiya onto a leather-bound Mishneh Torah, its pages open to Maimonides' timeless words. This is the enduring aroma of Sephardi and Mizrahi wisdom: a fragrant blend of profound scholarship, vibrant culture, and an unwavering commitment to a Torah that illuminates not just our people, but all of humanity.

Context

Place

Our journey begins in the vibrant intellectual crossroads where Sephardi and Mizrahi heritage flourished. While the Mishneh Torah itself was penned by Rabbi Moshe ben Maimon, the Rambam, in Egypt in the late 12th century, its roots and profound influence span a vast geographical and cultural tapestry. From the sun-drenched shores of Sefarad (Spain and Portugal), across the bustling souks of North Africa (Morocco, Algeria, Tunisia, Libya), through the ancient lands of the Middle East (Egypt, Syria, Iraq, Yemen, Persia), and into the burgeoning communities of the Ottoman Empire (Turkey, Greece, the Balkans), the Rambam's magnum opus became a cornerstone. These were lands where Jewish communities lived in intricate proximity to diverse cultures – Arab, Berber, Persian, Ottoman – engaging in complex dialogues, exchanging ideas, and profoundly shaping their own unique expressions of Jewish life. This rich interplay fostered a universalistic outlook, where the wisdom of Torah was seen as having relevance beyond the immediate Jewish community, a perspective deeply embedded in the very text we explore today. The Mishneh Torah, with its systematic codification of Jewish law, became a unifying force, its study a minhag (custom) embraced by Jews from Fez to Baghdad, from Aleppo to Sana’a, solidifying a shared halakhic bedrock that transcended regional variations.

Era

The 12th century, the era of Maimonides, was a golden age for Sephardi and Mizrahi Jewry, often referred to as the "Rishonim" period. This was a time of immense intellectual ferment, scientific advancement, and philosophical inquiry, particularly in the Islamic world where Jewish scholars like Maimonides thrived. Building upon the foundations laid by the Geonim in Babylonian academies, this period witnessed the blossoming of Jewish philosophy (such as Saadia Gaon, Yehuda Halevi, and Maimonides himself), poetry (Shmuel HaNagid, Shlomo Ibn Gabirol), and a rigorous approach to halakha. Maimonides, a physician, philosopher, and legal codifier, was a product of this environment, embodying the polymathic ideal of the age. His work reflects a deep engagement with Aristotelian philosophy and Islamic thought, skillfully integrating these intellectual currents within a staunchly traditional Jewish framework. The Mishneh Torah itself, completed around 1177 CE, was revolutionary in its scope and structure, aiming to present all of halakha in a clear, concise, and logically organized manner, without reference to the Talmudic debates from which the laws were derived. This made it accessible to a wider audience, democratizing halakhic knowledge and solidifying its place as a foundational text for generations.

Community

Within the diverse tapestry of Sephardi and Mizrahi communities, Maimonides holds an almost unparalleled status. He is often referred to simply as "Rambam," or "HaNesher HaGadol" (The Great Eagle), a testament to his towering intellect and spiritual authority. For many, his Mishneh Torah is not merely a legal code but a guide to a complete Jewish life, encompassing ethics, philosophy, and practical halakha. His influence extended beyond legal rulings; his philosophical work, Moreh Nevuchim (Guide for the Perplexed), shaped Jewish thought for centuries, inspiring both fervent adherents and thoughtful critics across the Jewish world. In Sephardi and Mizrahi communities, the Mishneh Torah became a primary text for study, often learned cover-to-cover, with a deep appreciation for its clarity and logical structure. Synagogues and batei midrash across North Africa, the Middle East, and the Ottoman Empire would see scholars meticulously poring over its volumes, often with the accompanying commentaries of the Kessef Mishneh by Rabbi Yosef Karo (himself a Sephardi giant) or the Magid Mishneh by Rabbi Vidal of Tolosa. The emphasis on systematic knowledge, intellectual rigor, and the integration of halakha with broader ethical and philosophical principles, all hallmarks of Maimonides' approach, resonated deeply with the values cherished in these communities. This shared intellectual heritage, cemented by the Rambam's writings, fostered a sense of communal identity and intellectual pride, allowing for a rich, textured, and diverse expression of Jewish life that, while geographically dispersed, remained deeply interconnected through the shared veneration of its foundational texts and sages.

Text Snapshot

The segment from Mishneh Torah, Kings and Wars 9 outlines the foundational ethical framework for all humanity, known as the Seven Noahide Laws:

"Six precepts were commanded to Adam: a) the prohibition against worship of false gods; b) the prohibition against cursing God; c) the prohibition against murder; d) the prohibition against incest and adultery; e) the prohibition against theft; f) the command to establish laws and courts of justice. Even though we have received all of these commands from Moses and, furthermore, they are concepts which intellect itself tends to accept, it appears from the Torah's words that Adam was commanded concerning them. The prohibition against eating flesh from a living animal was added for Noah... Thus there are seven mitzvot."

Minhag/Melody

The Mishneh Torah as a Living Minhag

For Sephardi and Mizrahi communities, the study of Mishneh Torah itself transcends mere intellectual exercise; it is a profound minhag (custom or practice) that has shaped generations of scholars and laypeople alike. The Rambam's monumental codification isn't just a collection of laws; it's a meticulously structured map of Jewish life, encompassing every facet of halakha, ethics, and belief. The very act of engaging with this text, from its grand philosophical introductions to its precise legal rulings, is a celebrated spiritual and intellectual discipline.

The segment we are exploring, Hilchot Melachim U'Milchamot (Laws of Kings and Wars), chapter 9, is particularly revealing of the Rambam's universalistic vision, a perspective that resonated deeply within Sephardi and Mizrahi communities often living in close proximity to, and in dialogue with, non-Jewish societies. By dedicating a significant portion of his code to the Sheva Mitzvot Bnei Noach (Seven Noahide Laws), Maimonides articulates a foundational ethical framework applicable to all humanity. This wasn't merely an abstract legal concept; it was a practical guide for how Jews understood their role in the wider world, and how they perceived the moral obligations of their neighbors. It informed their interactions, their diplomacy, and their approach to Kiddush Hashem (sanctifying God's Name) in a diverse global context.

The commentaries provided on this text illuminate the intellectual rigor and historical awareness with which the Rambam's work was studied. Let us delve into a few:

The Evolution of Mitzvot and Scholarly Discourse

• Yad Eitan and Tziunei Maharan on the Noahide Laws' Origin: The Mishneh Torah begins by stating "Six precepts were commanded to Adam," with the seventh, the prohibition of ever min ha'chai (limb from a living animal), added for Noah. This seemingly straightforward statement sparks a rich halakhic discussion among commentators. Yad Eitan references the Kessef Mishneh's query regarding the source for Rambam's assertion, noting the Talmudic discussion in Sanhedrin 56b, which implies all seven were given to Adam. Tziunei Maharan clarifies that Rambam relies on various Midrashim (like Bereshit Rabbah 17 and 24, Midrash Mishlei, and Yalkut Shimoni) which explicitly state that Adam received six mitzvot, and Noah the seventh. This highlights a crucial aspect of Sephardi/Mizrahi Talmud Torah: a deep respect for Midrash as a source for halakha, alongside Talmud. The commentaries are not just explaining Rambam; they are uncovering his intricate methodology, demonstrating how he synthesizes diverse rabbinic traditions to arrive at his definitive rulings. This meticulous tracing of sources is a minhag of scholarship itself, reflecting the profound belief that every word of the Rambam is rooted in a vast sea of earlier wisdom. The Tziunei Maharan further points to the Yalkut Shimoni, which details the gradual addition of mitzvot from Adam to Noah, Abraham (circumcision, morning prayers), Isaac (tithes, afternoon prayers), and Jacob (prohibition of gid hanasheh, evening prayers), culminating in Moses receiving the complete Torah. This provides a clear chronological and developmental understanding of divine command, a structured approach characteristic of Maimonides' thought.

• Yitzchak Yeranen on Ever Min Ha'Chai and the "Meat and Milk" Debate: The discussion around the prohibition of ever min ha'chai takes a fascinating turn in Yitzchak Yeranen. The commentator addresses a Tosafot Chitzoniyot (external Tosafot, a manuscript commentary) in Masechet Bekhorot concerning the permissibility of milk from a kosher animal. The Tosafot raises a question: Why don't we derive the permissibility of milk from Abraham feeding the angels "butter and milk" (Genesis 18:8)? Abraham, who observed the entire Torah even before it was given, surely wouldn't have fed them something forbidden. The Tosafot suggests that Abraham might have assumed they were Noahides, who, it posits, were not commanded regarding milk, as it's not one of the seven Noahide laws. Yitzchak Yeranen immediately challenges this: "But ever min ha'chai is forbidden to a Noahide, as stated at the beginning of our chapter!" If milk could be considered ever min ha'chai (e.g., if it's derived from a living animal in a way that falls under this prohibition), then Abraham, knowing this, would not have fed it to them even if he thought they were Noahides. This intricate debate delves into the precise halakhic definition of ever min ha'chai and its application to milk. It further explores the Talmudic opinions about whether "blood congeals and becomes milk" or if "limbs separate" within an animal's body to explain the nature of milk. This entire discussion, embedded within a commentary on Rambam's laws of Noahides, showcases the interconnectedness of halakhic topics and the intellectual agility required to navigate complex Talmudic and Maimonidean thought. It demonstrates how Sephardi/Mizrahi scholars meticulously examined every detail, ensuring consistency across the entire corpus of Torah.

• Steinsaltz on Key Terms: The Steinsaltz commentary, though concise, underscores the foundational importance of precise language. For instance, explaining "בִּרְכַּת הַשֵּׁם" as "איסור לקלל את שם השם" (the prohibition against cursing God's Name) or "הַדִּינִין" as "למנות דיינים" (to appoint judges), it ensures clarity. The note that "שֶׁכֻּלָּן קַבָּלָה הֵן בְּיָדֵנוּ מִמֹּשֶׁה רַבֵּנוּ" (all of these commands are a tradition we received from Moses our Teacher) emphasizes the unbroken chain of transmission (Masorah) that is central to halakhic authority. And "וְהַדַּעַת נוֹטָה לָהֶן" (and the intellect tends towards them) highlights the Rambam's perspective that these universal laws are not just divine decrees but also align with human reason, a concept that strongly appealed to the rationalist bent of many Sephardi/Mizrahi thinkers.

The Melody of Universal Ethics

While not a piyut in the traditional sense, the study and internalization of the Noahide laws themselves resonate with a profound "melody" in Sephardi/Mizrahi thought. It is the melody of Derech Eretz (proper conduct), of Tikkun Olam (repairing the world), and of the inherent dignity of all humanity created b'Tzelem Elokim (in the image of God). The Rambam's clear articulation of these laws provided a theological and halakhic basis for ethical interaction with the broader world, fostering a sensibility where justice, honesty, and respect were not merely Jewish obligations but universal imperatives, reflecting God's order for all creation. This "melody" infused the daily lives of communities, influencing their business dealings, their communal leadership, and their educational values, emphasizing that Jewish particularity does not negate universal responsibility. The diligent study of these laws, often accompanied by traditional Sephardic niggunim (melodies) during learning sessions, transforms the text from a dry legal code into a living, breathing guide for ethical existence for both Jew and non-Jew, a testament to the comprehensive and compassionate reach of Torah.

Contrast

The Nuance of Gid Hanasheh: Jacob's Practice vs. Sinai's Command

One of the most fascinating instances of interpretive difference, directly connected to our text, arises in the discussion of gid hanasheh (the sciatic nerve). The Rambam, in Hilchot Melachim 9:1, states: "Jacob added the prohibition against eating the sciatic nerve." This immediately prompts a profound halakhic inquiry, as noted by the Lachmei Todah commentary.

The Lachmei Todah expresses puzzlement, citing a well-known Mishnah in Chullin 100a, which clearly states regarding gid hanasheh: "They said, 'It was stated at Sinai, but written in its place.'" This Mishnah implies that the prohibition of gid hanasheh was a divine commandment given to Moses at Mount Sinai, even if its narrative origin is found in the story of Jacob wrestling with the angel (Genesis 32:33). How, then, could Maimonides assert that "Jacob added" this prohibition, seemingly implying that it originated as Jacob's personal minhag or decree, rather than a Sinaitic mitzvah? The Lachmei Todah concludes with a "צ"ע" (Tzarich Iyun – requires further investigation), highlighting the tension between the Rambam's statement and the Talmudic source.

However, as the Tziunei Maharan explains, the Lachmei Todah was apparently unaware of Maimonides' own resolution to this very question, found in his Peh HaMishnah (Commentary on the Mishnah) on Chullin 7:6. There, Maimonides elaborates on the concept of "מסיני נאסר" (it was forbidden from Sinai). He explains that while the patriarchs, like Jacob, may have observed certain practices or even initiated prohibitions based on their prophetic insight or personal experiences, these actions did not necessarily constitute binding mitzvot for all generations until they were formally commanded by God through Moses at Sinai.

Maimonides writes in his Peh HaMishnah (as quoted by Tziunei Maharan): "And pay attention to the great principle included in this Mishnah: that everything we refrain from or do today, we do only by the command of the Holy One, Blessed Be He, through Moses our Teacher, not because the Holy One, Blessed Be He, commanded this to the prophets before him. For example, that we do not eat ever min ha'chai is not because the Holy One, Blessed Be He, forbade it to Noah, but because Moses forbade ever min ha'chai to us by commanding at Sinai that the prohibition of ever min ha'chai be upheld... And similarly, gid hanasheh, we do not follow the prohibition of Jacob our father, but the commandment of Moses our Teacher."

This is a crucial interpretive distinction, showcasing the depth and precision of halakhic thought within the Sephardi tradition, particularly as exemplified by Maimonides. It's not a question of whether gid hanasheh is forbidden (all agree it is), but when and how it became a universally binding mitzvah for the Jewish people.

• Maimonides' view: Jacob's avoidance of the sciatic nerve was a significant act, perhaps a prophetic insight or a personal vow stemming from his encounter. It marked the beginning of the practice within the patriarchal lineage. However, for it to become a categorical mitzvah for all Jews, binding for all time, it required formal promulgation at Sinai by God through Moses. The Talmudic phrase "מסיני נאסר" (it was forbidden from Sinai) refers to this official, universal enactment of the mitzvah.

This approach elegantly reconciles the narrative of Jacob with the halakhic principle of Sinaitic revelation as the source of all binding mitzvot. It highlights a distinct emphasis on the Masorah (tradition) from Moses as the ultimate authority for halakha, even while acknowledging the spiritual precedents set by the Avot (Patriarchs). This is not a contrast of "right" versus "wrong" minhag, but a difference in understanding the mechanism of mitzvah transmission and authority—a profound halakhic nuance that enriched the intellectual landscape of Sephardi and Mizrahi Jewry and continues to be studied with reverence and rigor. It demonstrates how Maimonides' genius lay not just in codifying law, but in articulating a coherent philosophical and theological framework for its understanding.

Home Practice

"Seven Minutes for Seven Mitzvot": Cultivating Universal Ethics

Inspired by the Rambam's profound articulation of the Seven Noahide Laws and the universal ethical framework they provide, we can adopt a simple yet powerful home practice: "Seven Minutes for Seven Mitzvot." This practice encourages a daily or weekly moment of reflection, inviting anyone, Jew or non-Jew, to consciously engage with these foundational principles and integrate them more deeply into their lives.

Here's how you can try it:

1. Choose a Mitzvah: At the beginning of your day or week, select one of the Seven Noahide Laws. Let's briefly list them for clarity:

   • Prohibition against idolatry
   • Prohibition against blasphemy
   • Prohibition against murder
   • Prohibition against illicit sexual relations
   • Prohibition against theft
   • Prohibition against eating a limb from a living animal
   • Command to establish courts of justice

2. Devote Seven Minutes: Take a dedicated seven minutes to reflect on this chosen mitzvah. This can be during a quiet morning coffee, a commute, or before bedtime.

3. Reflect and Internalize:

   • Understanding: What does this mitzvah truly mean in its broadest sense? For instance, "establishing courts of justice" isn't just about judges, but about fostering fairness, truth, and integrity in all interactions. "Prohibition against theft" extends beyond stealing objects to respecting intellectual property, not withholding wages, and being honest in business.
   • Application: How does this mitzvah manifest in your daily life? Where are the opportunities to uphold it more consciously?
   • Action: What small, tangible step can you take today or this week to embody this mitzvah more fully? Perhaps it's actively listening to a differing opinion (justice), refraining from gossip (theft of reputation), or offering a genuine compliment (upholding dignity).

This practice, while simple, connects directly to the Sephardi/Mizrahi emphasis on Derech Eretz – proper, ethical conduct that forms the very foundation of a civilized society. It transforms abstract legal concepts into living, breathing principles, fostering a heightened awareness of our universal human responsibilities. By consciously reflecting on these laws, we actively participate in Tikkun Olam, striving to perfect ourselves and, by extension, the world around us, one mindful act at a time. It's a beautiful way to honor the Rambam's legacy and the timeless wisdom of Torah, making its universal message deeply personal and profoundly impactful.

Takeaway

The Mishneh Torah, particularly Hilchot Melachim 9, stands as a luminous testament to the universal reach of Torah and the profound ethical vision championed by Sephardi and Mizrahi traditions. Through Maimonides' meticulous codification and the generations of scholars who have delved into its depths, we discover not just a legal code, but a vibrant tapestry of thought that celebrates the inherent dignity of all humanity, the imperative of justice, and the continuous quest for wisdom. It reminds us that our Jewish heritage, while particular, carries a universal message, offering a roadmap for Tikkun Olam that resonates with all who seek to live lives of purpose, integrity, and grace.