Mishneh Torah, Positive Mitzvot 84-166

Sugya Map

• Issue: The Rambam's systematic enumeration and classification of mitzvot asseh (positive commandments), particularly focusing on the latter portion of the list (Mitzvot 84-166) in Mishneh Torah, Sefer HaMitzvot, which includes a diverse array of obligations from Temple service and sacrifices to agricultural laws, judicial procedures, and social ethics. The underlying challenge is to discern the Rambam's methodology for distinguishing independent mitzvot from peratim (details) or lavin haba'im miklal asseh (negative commandments implied by a positive one).
• Nafka Mina(s):
  • Halachic Scope: Which actions constitute distinct mitzvot demanding independent kavana and bracha (where applicable), versus being mere components or expressions of a broader mitzvah?
  • Hashkafic Understanding: The Rambam's categorization reflects his philosophical understanding of the divine will and the structure of Torah Sheb'al Peh.
  • Literary Analysis: Understanding the Rambam's Shoreshim (root principles for counting) is crucial for engaging with other Rishonim (e.g., Ramban, Bahag) who offer alternative counts and methodologies.
• Primary Sources:
  • Mishneh Torah, Sefer HaMitzvot, Positive Mitzvot 84-166.
  • Mishneh Torah, Hilchot Shemitta v'Yovel 1-10.
  • Sefer HaMitzvot, Shoreshim (especially Shoreshim 1, 3, 9, 10).
  • Ramban al Sefer HaMitzvot, Shoreshim.
  • Sefer HaChinuch, Mitzvot 472-475 (relevant to Shemitta).

Text Snapshot

The provided text lists a series of positive commandments. For our analysis, we will focus on the group of mitzvot related to the agricultural laws of Shemitta and Yovel, found within the range of 108-114 in the Rambam's enumeration:

• "To let the land lie fallow [in the seventh year], as [Exodus 23:11] states: 'In the seventh year, you shall let it lie fallow and withdraw from it.'"
• "To refrain from agricultural work [in the seventh year], as [Exodus 34:21] states: 'From plowing and harvesting, you shall rest.'"
• "To sanctify the Jubilee year by refraining [from agricultural work], as is done in the shemitah, as [Leviticus 25:10] states: 'And you shall sanctify the fiftieth year....'"
• "To sound the shofar in the Jubilee year, as [Leviticus 25:9] states: 'And you shall sound the shofar blasts.'"
• "To free all land in the Jubilee year, as [Leviticus 25:24] states: 'For all your ancestral lands, there will be redemption for the land.'"
• "To allow houses in a walled city to be redeemed within a year, as [Leviticus 25:29] states: 'If a person shall sell a residential house in a walled city....'"

Dikduk/Leshon Nuance: The Rambam's phrasing is consistently concise, using infinitives ("To let," "To refrain," "To sanctify") to denote the mitzvah. This grammatical choice emphasizes the action or state commanded. Note the careful selection of pesukim. For example, regarding Shemitta, he cites Exodus 23:11 for "To let the land lie fallow" and Exodus 34:21 for "To refrain from agricultural work." While both relate to shevitah (cessation), the Rambam likely perceives a distinct nuance or dibbur (utterance) in each pasuk to warrant separate enumeration. The term "you shall rest" (תשבות) in Exodus 34:21, though often associated with lavin, is here interpreted by the Rambam as an asseh to actively institute rest, a point of significant contention as we shall see.

Readings

Ramban: Disputing the Scope of "Refraining" as an Asseh

The Ramban (Nachmanides) in his critical commentary on Sefer HaMitzvot (השגות הרמב"ן על ספר המצוות לרמב"ם) frequently challenges the Rambam's enumeration, particularly regarding what constitutes a distinct mitzvah asseh. His Shoreshim offer a contrasting methodology. Concerning the mitzvot of Shemitta and Yovel, the Ramban would likely take issue with the Rambam's Mitzvah 109: "To refrain from agricultural work [in the seventh year]."

The Ramban, particularly in his Shoresh 3 and 9, argues that negative commandments (לאווין) that prohibit specific actions, even if they contribute to a broader positive state, are not to be counted as independent mitzvot asseh. He asserts that the Torah rarely commands an asseh to refrain from something, unless that refraining is itself an act of sanctification or dedication (e.g., shevitah on Shabbat itself, which has a positive aspect of kedusha). The pasuk cited by the Rambam, "בחריש ובקציר תשבות" (Exodus 34:21), literally means "In plowing and in harvesting you shall rest/cease." To the Ramban, this sounds like a prohibition from doing these actions, which should be counted as specific lavin (e.g., Lo Tachrosh, Lo Tiktzor), not a general asseh to refrain. He would argue that the asseh of Shemitta is "ושבתה הארץ שבת לה'" (Leviticus 25:2), the positive command to allow the land to rest, which inherently implies refraining from work. The specific prohibitions are peratim (details) of this general asseh, or distinct lavin, but not independent mitzvot asseh.

Ramban's Chiddush: The core novelty of the Ramban here is his insistence on a stricter delineation between mitzvot asseh and mitzvot lo ta'aseh, and between general mitzvot and their peratim. For him, a general command to "rest" or "cease" (תשבות) is primarily a lav against working, rather than an asseh to actively "rest." The asseh for Shemitta is the establishment of the shevitah of the land itself, while the individual acts of refraining are its negative expressions.

Sefer HaChinuch: Emphasizing the Holistic Purpose

The Sefer HaChinuch, while generally following the Rambam's enumeration, often delves into the shoresh (root) and ta'am (reason) of each mitzvah, offering a more holistic perspective. For Mitzvah 108 ("To let the land lie fallow") and 109 ("To refrain from agricultural work"), the Chinuch (Mitzvot 472 and 473, respectively) does enumerate them as distinct mitzvot asseh, aligning with the Rambam.

For Mitzvah 108 (Chinuch 472), he explains that the mitzvah is "לצוות עליה להפקיר פירותיה" – to command the land to relinquish its produce, meaning to treat it as ownerless. The pasuk "ושבתה הארץ שבת לה'" (Leviticus 25:2) is central, highlighting the land's rest for God. For Mitzvah 109 (Chinuch 473), which is the mitzvah to "שלא לעבוד עבודת האדמה בשנה השביעית" – not to work the land in the seventh year. Despite the Ramban's potential objection, the Chinuch frames this as a positive obligation to abstain from labor. He explains the ta'am (reason) as fostering bitachon (trust in God) and strengthening faith, as people must rely on divine providence for sustenance without working the land. It also serves to teach humanity that the land belongs to God.

Sefer HaChinuch's Chiddush: The Chinuch's unique contribution here is not in challenging the count, but in articulating a profound hashkafic basis for the Rambam's distinction. He implicitly affirms that "to refrain" can indeed be a positive mitzvah when it embodies a deeper spiritual principle like bitachon and acknowledging God's dominion. The very act of cessation from labor, even if described by a lav-like term, can be a positive fulfillment of God's will to demonstrate faith and dedication. Thus, the shevitah of the land is distinct from the shevitah of the farmer, each carrying its own mitzvah and spiritual lesson.

Friction

The Strongest Kushya: Counting "Refraining" as an Asseh

The most potent kushya arises from the Rambam's inclusion of Mitzvah 109: "To refrain from agricultural work [in the seventh year], as [Exodus 34:21] states: 'From plowing and harvesting, you shall rest.'" This directly clashes with the Ramban's Shoresh 3 and 9, where he argues vehemently against counting peratim (details) of a lav or lavin (prohibitions) as independent mitzvot asseh. The phrase "תשבות" (you shall rest/cease) is grammatically ambiguous, but in the context of specific actions like plowing and harvesting, it typically implies a prohibition against performing them. If so, why is this an asseh and not a collection of lavin (e.g., Lo tachrosh, Lo tiktzor)?

Furthermore, the Rambam already counts Mitzvah 108: "To let the land lie fallow... 'In the seventh year, you shall let it lie fallow and withdraw from it.'" This sounds like the primary asseh of Shemitta. What, then, does Mitzvah 109 add that is distinct enough to be a separate asseh? It appears to be a perat of Mitzvah 108, or simply a restatement of the prohibitions that define the land's fallow state. To count both Mitzvah 108 and 109 as separate mitzvot asseh seems redundant or ill-defined, especially when the latter's prooftext is more naturally understood as a lav.

The Best Terutz: Rambam's Shoreshim and Distinct Divine Utterances

The Rambam addresses this type of kushya in his Shoreshim of Sefer HaMitzvot, particularly Shoresh 9. He explains that if the Torah uses a dibbur (divine utterance) that commands a cessation of activity, even if that cessation is accomplished by not doing something, it can be an asseh. This differs from a lav which explicitly forbids an action.

1. Mitzvah 108 – Establishing the Shemitta State: "In the seventh year, you shall let it lie fallow and withdraw from it" (Exodus 23:11). This is an asseh to establish the state of shemitta for the land, making its produce hefker (ownerless) and creating a general atmosphere of rest and non-ownership. It's about the status of the land and its produce.

2. Mitzvah 109 – The Personal Obligation of Shevitah: "From plowing and harvesting, you shall rest" (Exodus 34:21). Here, the Rambam interprets "תשבות" not as a mere prohibition (lo ta'aseh) against plowing or harvesting, but as a positive commandment for the individual to actively observe a state of rest from agricultural work. This is parallel to the asseh of Shabbat itself, "זכור את יום השבת לקדשו" (Exodus 20:8), which commands us to "remember" and "sanctify" the Shabbat day. Part of this sanctification is the positive obligation of shevitah from melacha, not merely the lav against melacha.

   • The Rambam sees a distinction between the command to allow the land to lie fallow (Mitzvah 108, focusing on the land's status) and the command for the person to rest from working the land (Mitzvah 109, focusing on the individual's action/inaction). The asseh of "you shall rest" implies a positive engagement with the mitzvah, an active embrace of shevitah as a spiritual discipline, rather than a passive avoidance of transgression.

This nuanced understanding of "תשבות" as an asseh for active cessation, akin to the shevitah of Shabbat, resolves the apparent redundancy and the grammatical tension with the Ramban's view. It emphasizes that the Torah can command a state of non-activity as a positive spiritual act, not merely prohibit an undesirable one.

Intertext

The mitzvot of Shemitta and Yovel (Mitzvot 108-112) are deeply intertwined with the foundational mitzvah of Shabbat and the broader theme of Divine Sovereignty.

1. Shabbat (שבת): The Torah itself calls Shemitta "שבת שבתון לארץ" (Leviticus 25:4) – a "Sabbath of complete rest for the land." This explicitly links the agricultural sabbatical to the weekly Sabbath. Just as "זכור את יום השבת לקדשו" (Exodus 20:8) is an asseh to sanctify Shabbat, which includes the positive observance of shevitah from melacha, so too the Rambam's Mitzvah 109 ("To refrain from agricultural work") can be understood as the asseh of shevitah for the land, a positive act of observing the land's Sabbath. This parallel reinforces the notion that abstention, when commanded by the Torah as a sacred cessation, can constitute a positive commandment rather than merely a negative one. The shevitah from creative work on Shabbat and from agricultural work in Shemitta both serve as profound affirmations that the world and its produce ultimately belong to God, not to human endeavor.

2. Yovel (יובל): Mitzvot 110-112 concerning Yovel (Jubilee Year) extend this theme of divine ownership and social justice. The Yovel, occurring every fifty years, mandates the return of all ancestral lands to their original owners and the freeing of Hebrew slaves (Leviticus 25:10, 25:24). This is a dramatic reassertion of God's ultimate ownership: "כי לי הארץ כי גרים ותושבים אתם עמדי" (Leviticus 25:23) – "For the land is Mine; for you are strangers and sojourners with Me." The mitzvah "To free all land in the Jubilee year" (Mitzvah 112) is not just a legal transaction but a profound theological statement. It prevents the permanent alienation of land and ensures that wealth does not accumulate indefinitely in the hands of a few, thereby preventing a permanent underclass. This intertextual connection highlights how the Rambam's enumeration, even of seemingly disparate mitzvot, often reveals an underlying unity of purpose: to constantly remind us of God's dominion and our role as stewards, not absolute owners, of the land and its resources.

Psak/Practice

The Rambam's minyan ha'mitzvot is not merely an academic exercise; it forms the foundational structure for halachic discourse and practice. While many mitzvot enumerated in this section (e.g., those pertaining to the Beit HaMikdash, Korbanot, Tumah v'Taharah, capital punishments by the Sanhedrin) are currently in abeyance due to the absence of the Temple and a functioning Sanhedrin, the mitzvot related to Shemitta and Yovel offer a direct link to contemporary halacha.

The mitzvot of Shemitta (Mitzvot 108-109 in our text) are still fully observed in Eretz Yisrael. The Rambam's distinction between the asseh to let the land lie fallow and the asseh to refrain from agricultural work informs the nuanced understanding of shevitah. It underscores that Shemitta is not merely a collection of prohibitions, but a positive observance of a sanctified state of rest for the land. This impacts how poskim (halachic decisors) approach questions of what constitutes forbidden melacha during Shemitta and the kedusha (sanctity) of shemitta produce. The Rambam's view that shevitah is a positive mitzvah implies an active engagement and intention, rather than passive abstention.

For the mitzvot of Yovel (Mitzvot 110-112), while the land redemption aspect is not currently observed in its full Torah-mandated form (due to the lack of clear tribal land divisions and the Yovel not being observed when the majority of Jews are not in Eretz Yisrael), the mitzvah to sound the shofar (Mitzvah 111) is still debated in some circles regarding its theoretical applicability. Nevertheless, the meta-psak heuristic derived from the Rambam's structured list provides a framework for understanding the full scope of Torah obligations, even those whose practice is deferred. It shapes the halachic imagination, reminding us of the ideal state of halacha in its complete form.

Takeaway

The Rambam's enumeration of mitzvot asseh, especially regarding Shemitta, demonstrates his precise methodology for identifying distinct divine utterances, even when they describe abstention. His approach, rooted in the Shoreshim, highlights that "refraining" can be a positive mitzvah of active cessation, a profound theological statement of bitachon and divine sovereignty, rather than merely a negative prohibition.