A CRITICISM OF PILPUL BEREFT OF THE EARLIER GEONIC SOURCES BEHOLD, OUR TEACHERS, the Aharonim,¹ looked favorably upon Moshe (Maimonides),² the Rambam, of blessed memory. Among all things,³ they [the Aharonim], sought to comprehend the Rambam’s opinions. For in many instances his approach to understanding the Talmud was more appealing than the way people normally understood it as explained by Rashi, Tosafos, and the other commentators. When he returned to the tent, the House of Study, and fastened himself to God’s word,⁴ 109b, means that he confined himself to study. that is, Jewish law, with his wondrous compilation⁵ can mean either “compilation” or “fastening.” [the Mishneh Torah], the heavenly light shone readily upon him. No subject or part of any matter of the Talmud was concealed from him, for he had drawn from every fountain and spring. Therefore, [the Aharonim] felt obligated to try to impose interpretations of the Rambam that accorded with their own views; [they did so] by analyzing his words carefully, and using [logical] arguments to the extent of the ability of the scholar concerned.

footnotes: ¹ Literally, “the later ones.” They are the rabbis from the beginning of the sixteenth century, following the period of the Rishonim, “the earlier ones.” We are still in the period of the Aharonim. ² Perhaps alluding to the well-known saying, “From [the biblical] Moshe to Moshe [Maimonides], there arose none in Israel like Moshe.” ³ Similar to Koheles 12:1. ⁴ This expression, which is used in Tractate Yevamos ⁵ A play on words. The Hebrew word hibbur

However, whoever has a brain in his skull and possesses a sound mind [which are a person’s] majesty and splendor⁶ would concede that the great geniuses of judgment do not sway from the text⁷ because of the force of logic that results from pilpul. For this was not the approach of our rabbis, the Tosafists, because there was nothing before them that was distorted and would impel them to veer from the straight and open paths [of the text of the Talmud or Mishnah].⁸, “I called it Sefer ha-Yashar (literally, the Book of Uprightness: see Josh. 10:13) because in it I wish to reconcile the old [divergent] traditions concerning the text of the Talmud with the original form of the text” (translation from The Jewish Encyclopedia). Rabbenu Tam objected strongly to textual emendations. He criticized Samuel ben Meir, the Rashbam, as follows: “Where my grandfather [Rashi] made one correction, Samuel made twenty, and erased [the old readings] from the manuscripts [and replaced them with new ones].” Rabbenu Tam also asserted that his explanations followed the simple meaning of the text (peshat) and argued against those “who by their pilpulistic methods distort the explanations of our teachers, and their interpretations render the halachos wholly meaningless.” (See The Jewish Encyclopedia, vol. 7, s.v. Jacob ben Me’ir Tam). For paved paths emanated from their hearts, to enable them to find the interpretation and instruction of the truth of the Torah, for they sought the knowledge of God as one seeks hidden treasures.⁹ This is not so with the one who is in a hurry to determine the Rambam’s opinion. He does not search earnestly, he does not kneel [humbly] in the prisoner’s place¹⁰ to find his goal by diligent search.¹¹ [Instead] he dares to ascend the mountain¹² with passion¹³, which is translated here as passion, is only used once in all of Scripture. (see Aruch, s.v. Tzafach).¹⁴ translates sheat as intense joy, “simchas kol levav.” The Netziv is describing how a person’s objectivity can be distorted by one’s passion. This is discussed further in Part 3, chapter 10. As a result, he deviates from the path that is before his eyes, such that he does not see the straight path, as he does not realize that it may be a long and drawn-out¹⁵ [process].

footnotes: ⁶ This is taken from Psalms 45:4, “Gird your sword upon your thigh, O mighty one – your majesty and your splendor.” As described in note 17, the sword refers to the Torah, and it is the mind that is the majesty and splendor that enables one to acquire the Torah. ⁷ Literally, “retreat from the proper course.” ⁸ Rabbenu Tam writes in the introduction to his work, Sefer ha-Yashar ⁹ As described in chapter 1, one who toils with sincerity receives Divine assistance to gain the true understanding of the Torah. ¹⁰ Isa.10:4. ¹¹ Psalms 64:7. ¹² See Psalms 24:3, 4: “Who may ascend the mountain of God? One with clean hands and a pure heart.” ¹³ Eze. 36:5. The word sheat ¹⁴ The Aruch, s.v. Tzafah, ¹⁵ Job 35:15.

This is certainly not the correct approach, [one should not try to] vindicate the righteous at the beginning of judgment¹⁶ [that is, jump to conclusions], [for the Rambam’s understanding] of a Talmudic subject was different from the way it was understood [elsewhere, since in many instances the Rambam] had a different text hedged about with roses [thorns].¹⁷

footnotes: ¹⁶ Deut. 25:1. ¹⁷ Song of Songs 7:3. He is criticizing those who analyze the Rambam’s opinion while remaining ignorant of Talmudic texts that were available to the Rambam. These versions of the texts are unknown – that is, “hedged about with roses” – unless one studies earlier Geonic books that quote the same Talmudic texts.

It is true that the light of a clearly defined law is sweet, even for those who do not know the reason for the decision or its source. It is indeed pleasant for the eyes to feel the sun, the source of the light,¹⁸, usually translated as “see,” can also mean “experience” or “benefit from.” See Ibn Ezra ad loc. and Ex. 20:15. just as it is beneficial for the ears to hear the pleasant sounds of music.¹⁹ Nevertheless, people insist on feasting their eyes by viewing the countenance of that form [the sun, thereby recognizing and understanding the source of the light].²⁰on Gen. 1:4 and the Netziv’s Introduction to Ha’amek Davar on The Book of Leviticus.

footnotes: ¹⁸ Eccl. 11:7: “Sweet is the light, and it is good for the eyes to behold the sun.” The word ro’eh ¹⁹ One can feel and appreciate the sun just as one can appreciate music without seeing the instruments. ²⁰ The Netziv is using the example of staring at the sun as a metaphor for studying the sources of laws. The Torah’s statement, “And God saw that the light was good” (Gen. 1:4), means that God had created man with an intellect whose capability for comprehension is greatly enhanced when he actually sees or experiences that which he is studying. Similarly, when the sources of the Torah laws are “seen” – in other words, understood – his understanding of these concepts is greatly enhanced. See Ha’amek Davar

Behold the commentaries on the Rambam, his armor-bearers, and the others who felt the sun; they did not persist in studying the books of the early Geonim, such as the Bahag and the Sheiltos carefully. In fact, this [deficiency] extended to the philologist, our master, the author of the Kesef Mishneh and Beis Yosef [Rabbi Yosef Caro],²¹ and other works, it is his Beis Yosef that marks him as one of the greatest Talmudists of all time. It is a comprehensive compendium, going back to the Talmud and halachic Midrashim, discussing the pros and cons of the authorities cited by the Tur, and examining the opinions of authorities not mentioned by the latter. Beis Yosef briefly sums up and critiques thirty-two authorities, beginning with the Talmud and ending with the works of Isserlein.*No other rabbinical work can compare with its wealth of material. See the description of R. Caro in The Jewish Encyclopedia, vol. 3. [as demonstrated] in his book, the Bedek ha-Bayis, pertaining to the laws of mikveh. [Rabbi Caro stated] that it was [merely] by chance that the book of the Sheiltos came before him and that he found a certain item in it. Similarly with the responsa of the later Geonim of blessed memory: one cannot find them citing analyses of the works of the earlier Geonim, other than a little here and little there [on an ad hoc basis]. I do not [mean to imply], Heaven forbid, that they are to blame [for these omissions], for they were occupied with many tasks in their holy positions,²² usually translated “place,” has been translated here as “position.” Makom* is can also describe a person’s state or status: see Ha’amek Davar, Ex. 3:5, and Gen. 18:33 and 30:25. An alternative translation is “in their holy locations.” Since Babylonia was well-established as a place where the Torah had been studied, it maintains a certain level of holiness and thus assists the subsequent generations in their performance of mitzvos and their study of Torah (Ha’amek Davar, Gen. 37:1). and the light of publication was not as widespread as their need and use required, [and thus they lacked full access to the earlier geonic writings]. Therefore, the later geonic students would follow the approach of the heads [of their academies], seeking to examine the Six Orders of the Talmud in a manner familiar to Rashi and the other commentators. Thus, the new insights [of these later geonic students] depended upon these interpretations of the Talmud. In those instances when they found fresh ideas within the books of the earlier Geonim, it was an experience, as if they had found mandrakes²³, Song of Songs 8:14, where the Netziv sees mandrakes as symbolic of great spiritual joy. in places where no one had previously trod. Therefore, pertaining to many laws, they did not see the [earlier] sources and roots.

footnotes: ²¹ The last great codifier of rabbinical Judaism (Spain or Portugal, 1488–Safed, 1575). Although Caro is known chiefly as the author of the Shulhan Aruch ²² The word makom, ²³ See Metiv Shir