A Second Torah

(18) When he is seated on his royal throne, he shall have a copy of this Teaching written for him on a scroll by the levitical priests.

(1) (Devarim 17:18) "And it shall be when he shall sit on the throne of his kingdom": If he does all that is written in this regard, he is worthy of sitting on the throne of his kingdom.

(2) "that he shall write for himself the mishneh of this Torah": expressly for himself; he is not to "bedizen" himself with those of his ancestors. "

(3) mishneh": This tells me only of mishneh Torah ("the repetition of the Torah," i.e., the book of Devarim). Whence do I derive (that the mitzvah applies also) to the rest of the Torah? From (Ibid. 19) "to heed all the words of this Torah." If so, why is it written "the mishneh of this Torah"? Because it (i.e., the script) is destined to change (viz. Ezra 4:7 and Daniel 5:8).

(4) Others say: On the day of Hakhel (viz. Ibid. 21:12) only mishneh Torah (Devarim) is to be read (and it is to this Hakhel reading that our verse is alluding.)

(5) "on a scroll": and not on a tablet and not on paper, but only on a megillah (a scroll).

(6) "before the Cohanim, the Levites": from the scroll in the azarah (the Temple court).

“And the writing of the letter [hannishtevan] was written in the Aramaic script, and set forth in the Aramaic tongue” (Ezra 4:7). The term “hannishtevan” is similar to the word nishtana, meaning changed, alluding to the fact that the script had been changed. And it is written with regard to the writing on the wall of Belshazzar’s palace: “Then came in all the king’s wise men. But they could not read the writing, nor make known to the king the interpretation” (Daniel 5:8), and the reason they could not read it is that it was written in the new script that Ezra would transmit. And it is written: “That he shall write for himself a second [mishne] Torah” (Deuteronomy 17:18), where “second [mishne]” teaches that it is written in a script that is apt to be changed [lehishtannot]. The baraita continues: Why is this script called Ashurit? Because it ascended with the Jewish people from Ashur when they returned from their exile in Babylonia. It is taught in a baraita (Tosefta 4:5): Rabbi Yehuda HaNasi says: Initially, the Torah was given to the Jewish people in this script, Ashurit, which is in use today. Once the Jewish people sinned, it turned into an impairment for them and they began writing with a different script, Libona’a. Once they repented, the first script was returned to them, and they resumed writing with Ashurit script, as it is stated: “Return to the stronghold, you prisoners of hope; even today do I declare that I will render double [mishne] unto you” (Zechariah 9:12), meaning that God restored to the Jewish people this script that had been changed [nishtanna]. The baraita continues: If this script predates the exile to Babylonia, why is it called Ashurit? Because it is meusheret, beautiful and straight, in script.

(2) The whole Torah was written by Moses our Master, before his demise, by his own hand; and he gave a Book to each and every tribe, and one Book he deposited in the Ark as testimony, even as it is said; "Take this Book of the Torah and put it by the side of the Ark of the Covenant of the Lord your God, that it may be there as a witness against thee" (Deut. 31.26.);

(3) but the commandment, which is the oral explanation of the Torah, he did not reduce to writing, but he charged the Elders and Joshua and the rest of all Israel concerning its observance, even as it is said: "All the word which I command you, that shall ye observe to do" (Deut. 13.1.); therefore, is this word of the commandment called, Oral Torah.

(4) Although the Oral Torah was not reduced to writing, Moses our Master gave instructions in its full scope at his tribunal-seat, to seventy Elders. Eleazar, Phinehas and Joshua, all the three of them received it from Moses; yet, unto Joshua, because he was the disciple of Moses our Master, he transmitted the Oral Torah and charged him concerning its observance. Joshua likewise continued throughout his lifetime to study it orally;

(11) Rabbin Gamaliel the Elder received it from Simeon son of Hillel the Elder; his son, Simeon received it from him; from him, his son Rabbin Gamaliel received it; from him, his son Rabbin Simeon received it; and Judah, the son of this Rabbin Simeon, is he who is called our Holy Master; and he received it from his father, and from Eleazar son of Shamua and from Rabbi Simen his Associates.

(12) Our Holy Master compiled the Mishna. From the days of Moses our Master till our Holy Master no text book of the Oral Torah for public instruction had been issued, the practice theretofore being for the president of a tribunal or a prophet who flourished in a given generation to keep privately written memoranda of his Masters' oral teachings, out of which he, in turn, instructed the public orally.

(14) and he collected all traditional precedents, judicial pronouncements, expositions and explanations, whether they were traditionally attributed to Moses our Master or whether they were so instructed by the tribunals in each and every generation, the scope of which embraced the whole Torah, and from it all he compiled the Book of the Mishna, out of which he gave public instruction to scholars, and its fame reached to all Israel, and written copies of it were made universally, and its circulation reached everywhere, so that the Oral Torah be not forgotten from the midst of Israel.

(15) But why did our Holy Master thus, and did not leave the matter as it was heretofore? Because he observed that the number of students continued to decrease, whereas the volume of oppression continued to increase with renewed strength; that the Roman Empire continued to spread out its boundaries in the world and conquer, whereas Israel continued to drift aimlessly and follow extremes, he, therefore, compiled one book, a handy volume for all, so that they may study it even in haste and not forget it. And his whole lifetime, he sat together with the members of his tribunal and gave public instruction in the Mishna.

(40) In this age, with afflictions mightily intensified, the pressure of the hour weighing heavily upon everybody, when the wisdom of our wise did perish and the prudence of our prudent was hid, all commentaries, treatises, and responsa which the Gaonim compiled and considered by them as clear text are preplexities in our day and only a select few comprehend the subject matter thereof, not to speak of the Talmud itself, both the Babylonian and the Jerusalemean, the Sifra, Sifre and Tosefta, which require a broad understanding, a soul endowed with wisdom and lengthy reflection whenafter one may find the right path therein, to ascertain the things which are forbidden and the things which are permitted, or to fathom the how and why of the other laws of the Torah.

(41) Therefore, have I, Moses son of Maimon, of Spain, girded up my loins, and, supporting myself upon the Rock, blessed be He! made a comprehensive study of all those books and minded myself to construct out of all these compilations a clear summary on the subject of that which is forbidden or permitted, defiled or clean along with the other laws of the Torah, the whole scope in pure language and concise style, so that the Oral Torah be entirely methodical in the mouth of everybody, without query and without repartee, without the contentious thus of one and such of another, but clear text, cohesive, correct, in harmony with the law which is defined out of all these existing compilations and commentaries from the days of our Holy Master till now;

(42) so that all laws be open to young and old, whether they be laws concerning each and every commandment or whether they be laws concerning matters instituted by scholars and prophets. The main object of the matter being, that no man shall have a need of any other compilation in the world for any law of the laws of Israel, but this compilation shall be a cyclopedia of the whole Oral Torah together with a code of the statutes, customs and edicts which were enacted since the days of Moses our Master until the close of the Talmud, even as they were interpreted for us by the Gaonim in all their compilations which were compiled by them since the Talmudic era. Therefore, have I named this compilation Mishnah Torah; for, when one studies Holy Writ first and thereafter reads this Work, he obtains herefrom a complete knowledge of the Oral Torah, having no need to read any other book in between them.