HOW TO DERIVE TORAH PRECEPTS BY ANALYZING THE WORDS OF THE “MASTERS OF COLLECTIONS” THERE IS ANOTHER method by which to learn [law, i.e.] from the manner in which [the “masters of collections”] gather [categorize], the laws. To those who read their works, at first glance it appears as if they are merely categorizing laws rather than conveying any novel ideas. However, if you read their words meticulously, you will find that a particular word comes [to convey a concept], that alludes to the logic of the “master of collection” and the direction he wishes to take. [However], since the [main purpose] of the categorizers of law was not to afford insights, but merely to arrange [laws] by topic in accordance with one’s understanding [of those topics], they wrote their words tersely so they would be easier to memorize, for that was the main purpose of his producing that compilation. Nevertheless, if we attempt to analyze their writings meticulously, word by word, we will be able to elicit the depth of their intent. It is in this manner that the “words of the wise” differ [in style] from the “masters of collections.” The purpose of the “words of the wise” was to resolve [conflicts] and to communicate their understanding of a particular [concept]. Therefore, [the “wise”] had to elaborate so that they could achieve that purpose. That is unlike the language of the “masters of collections,” because their main objective was to gather and assemble materials scattered [throughout the Talmud] so as to reduce the extent to which one was required to memorize the vast range of subjects. [Therefore], since they needed to keep their words to a minimum, it behooves us to deeply analyze [what they wrote], word by word.

Pertaining to this, you will see in a particular section of the Talmud, that often the Halachos Gedolos¹ and the Rif elaborate at length; however, in most cases they write tersely. [The reason they elaborate in certain instances] is that when they saw that certain sections were being misinterpreted, they felt the need to clarify those areas well. However, [that method was only applied in few instances], and the main purpose of their compilations was to gather and assemble much information, with a minimum of words, systematically; that is why they categorized their insights [on particular] topics with a minimum number of words. This explains why Koheles compared the [“masters of collections”] to implanted nails.² The intention of one who plants a cutting from a fruit tree is that it will bear fruit and for its roots and branches to spread, thereby enabling him to produce a harvest from this cutting. [To ensure this result,] he plants the cutting in the most effective manner. In contrast, the intention of one who hammers nails is only that the nails be properly arranged and remain in place and not become dislodged. Both aspects apply to the “masters of collections.” They are like the one who hammers nails, because their main intention is that [their writings] should be well organized to facilitate memorization; however, they are unlike nails and more like the person who plants cuttings, because they wish some of their writings to bear fruit [as novel insights] in Halachah.

footnotes: ¹ The Bahag. ² The Netziv compares cuttings to implanted nails or pegs. A popular method of growing vines and fruit trees is to take cuttings from the tree branches or from the vine shoots and plant them. These cuttings appear like pegs that have been implanted in the ground.

After all that Koheles described regarding the two types of scholars that exist in every generation, he concluded with the words, “… coming from one Shepherd.”³ [This was written to indicate] why you must regard the words of both types of scholars as precious. Their two types of strengths emanate from the Holy One, blessed be He, as it is written in Tractate Megillah 6b⁴ 4.: “One needs Divine assistance to retain what he has learned.”⁵

footnotes: ³ Eccl. 12:11. ⁴ The text erroneously cites Megillah ⁵ The Netziv explains this Talmudic statement to include the assurance that the laws are not forgotten from Israel.

Thus one should not say that the “masters of collections” lack wisdom and that their [compilations are merely the result] of organizing the laws according to the [needs of the] time, or [that they merely reflect their interest in a] particular subject, and hence one should not be so concerned to analyze and consider their words carefully. On the contrary, this view is not correct, since they also have a strength [that emanates] from God, the Shepherd of Israel, May He be blessed, the Keeper of the Covenant, to assure that [the Divine words] should not be forgotten. He gives each individual strength according to his approach: This one explains, this one compiles; this one analyzes while another speaks; yet another, with the assistance of God’s hand, succeeds in accumulating much grain.⁶ on Deut. 32:3 that grain is a metaphor for the Talmud, as stated in Bereshis Rabbah on the Torah portion of Toledos. This is why Solomon was particular in describing God as a Shepherd, as all these different approaches are only applicable to the revealed portion of the Torah that He has given us to practice [thus enabling us] to follow His words, may He be blessed. However, this is not so with the hidden portions of the Torah, and as I wrote previously,⁷ Koheles alluded to this portion of the Torah as words of truth, divrei emes, to demonstrate that there is only one path, i.e., emes, an absolute truth. If one does not concentrate on the proper understanding of [this] truth, and believes that he has grasped the proper combinations of God’s holy names, while in reality it is not so, [he has devoted time] to trivial matters, and his words do not glow with the light of Torah at all. It is because of this that [Solomon] said, “coming from one Shepherd,” to illustrate that He leads and guides Israel in the path it travels.⁸ [The sages] explained [this verse] in Tractate Hagigah⁹ and in *Avos de-Rabbi Nasan,*Chapter 18,¹⁰ as well as in many other Talmudic sources: Though these [scholars] rule that something is spiritually unclean, and other [scholars] rule that it is spiritually clean; though these [scholars] rule that something is forbidden, while other [scholars] rule that it is permitted, all [of their opinions] are the words of the Living God.

footnotes: ⁶ The Netziv writes in Harhev Davar ⁷ See chapter 7 in this section. ⁸ This has reference to the “revealed” Torah which provides halachic direction to the Jewish nation. ⁹ 3b. ¹⁰ There it states, “‘The words of the sages are like goads, and like implanted nails are the words of the masters of collections.’ Just as a goad directs an animal to its furrow [so that it may plow the fields], so do the words of Torah guide man towards the paths of life. Since a goad can be displaced, [you may think] that the words of Torah can be displaced. Therefore [Scripture says], ‘They are like nails.’ [You may think] that just as a nail removes [pieces of a structure] and does not add to a structure, the Torah [functions in a similar way]. [Scripture therefore says] ‘implanted.’ Just as a plant is fruitful and multiplies, so does the Torah bear fruit and increase. Just as that which is implanted cannot be uprooted, so the words of Torah cannot be uprooted. [When the verse states] ‘masters of collections,’ it refers to Talmudic scholars who enter [the academies] and sit in collections of groups. Some groups rule that a particular thing is forbidden, while another group rules that it is permitted; some of these groups may rule that a particular item is ritually impure, while others rule that it is pure; this group rules that a particular thing is invalid, while others rule that it is valid. Perhaps because of these [varied opinions], one may question how he can properly study the Torah. For this reason, Scripture states that they ‘come from one Shepherd.’ [This teaches] that One created them and One provided them; the Master of Creation has stated [all of] these [various opinions]. Therefore, make your ear like a hopper to receive the words of those who forbid, the words of those who permit, the words of those who rule something ritually impure and those who rule that it is pure, the words of those who invalidate and those who validate.”

Behold how the sages of the Talmud made a great effort to analyze the language of the “masters of collections,” that is, the sages of the Mishnah, and [how this effort] produced many laws. [This method] is described in the common phrase found in the Gemara: “The wording of our mishnah can be used to prove [this point].”¹¹ 99a and Tractate Shabbos 154b. This means that they derived a new law, even though it was not stated explicitly and it only became known by analyzing their words. For the perception of the Sages of the Gemara was strong and so powerful that it enabled them to determine decisively the intent of the sages of the Mishnah. This [methodology] continued after the completion of the Talmud, as our masters the She’iltos, the Bahag, and the Rif were “masters of collections,” who were followed by the Rambam, the Ramban, and the like, whose perceptions were also great, and whose steadfastness provided them with success. The words of the Geonim encircled the halachic decision makers of the Rishonim, as the Spirit [directed] the Ofanim.¹² (the Work of the Chariot) described in Ezek. 1:18. The word ofanimin this context means “celestial wheels” or a type of angel. The Netziv is using this as a metaphor to describe how the Rishonim could understand the intention of the Geonim and where their words were heading, similar to the way the ofanim follow the four hayyos (creatures) of the Chariot. As it states, “As the hayyos move, the ofanim move beside them…. When they moved, they moved; and when they halted they halted… for the spirit of the hayyah was in the ofanim.” [However], after the passage of many years, the manner of inferring [insights] from the words [of the “Masters of Collections”] was forgotten by the later generations, except by chance, and in a few places that are out of the ordinary. When we now attempt to analyze their words, so that we understand the direction in which they were going, we realize that our perception is weak and that we are threading through their words in darkness. In addition, [even] when we perceive that their words do not appear very exact, we lack the strength to understand their intent.

footnotes: ¹¹ For an example see Tractate Pesachim ¹² Taken from the Ma’aseh ha-Merkavah

Therefore, when we wish to sharpen our perception, we need to place [the] three books [of the She’iltos, Bahag, and Rif] side by side. It will then become apparent to all who review their words, that, [for instance], two [of the three] are similar in their language on many subjects. However, they differ in the order that these topics are organized, as I wrote about the Rif in [Pesah Ha’amek], 1:4. It then becomes simple to discern any differences among them, even for the one who is dull of perception such as myself.

This is comparable to what the Rosh wrote in Tractate Niddah, in the chapter entitled Tinokos,¹³. section 3, regarding how to determine if a woman who had bled was in fact menstruating. Even though one may not be an expert in all the different types of menstrual blood, nevertheless, if one compares two types of blood [side by side], one can tell whether they are similar or different in appearance.

footnotes: ¹³ That is the title of the tenth chapter of Tractate Niddah

However, in order to understand the opinions [of the “masters of collections”] of blessed memory and the reason for their differences, it behooves us to analyze deeply and to compare the various opinions of the Rishonim who differ in relation to a particular subject. [By doing this], one can [more] easily infer from their choice of words which opinion a “master of collection” follows.

In order to illustrate the difference between our capability of understanding the intent of the Geonim today, and how the words of the Geonim were understood at the time of the Rishonim, I would like to provide the following parable: One who has summer fruit and would like to store it for the winter. If he stores the fruit in its current state in his [storage] room, it will spoil and rot. So what does he do? He dries them until they become hard, wrinkled, and small in volume. When the time arrives to eat them in the winter, if his teeth are in good condition, he can chew the dried fruits as they are and taste their flavor. However, if his teeth are in bad condition and he cannot taste their flavor since he can only chew them with his tongue, what does he do? He brings a pot, water, wood and fire, and cooks [the fruit] for a long time, after which he can extract the flavor that was hidden within them.

So it was with the early generations¹⁴ – they plowed, sowed, harvested and produced fruit. If they attempted to communicate what was in their spirit, [all of their knowledge], they would have perished due to the time and effort [required for the task]. Therefore, the “masters of collections” were required to produce an abridged form of the six Orders of the Talmud, so that the laws would not become lost due to the extent of the text. What did they do? They wrote in an extremely terse manner, yet [they were able] to incorporate many matters in few words. For [the “masters of collections” intended to communicate much even though they] “have no speech or words,”¹⁵ and though statements may be lacking [in their texts]. The following generations that [wished] to consume and benefit greatly from their knowledge, of blessed memory, varied according to their capabilities. The Rambam (and his equals), whose intellect was great, did not need to toil greatly to derive inferences from the nuances of the words of our sages; he would just apply his mind to the vast sea of knowledge and could thus decisively derive their opinion. Similarly, Rabbenu Tam, as I stated in Part One of Kadmas Ha’amek, chapter 15, derived a law¹⁶ and a fundamental halachic principle¹⁷ from a nuance in the language of the Bahag.

footnotes: ¹⁴ The term “Rishonim” here means the earlier generations. ¹⁵ This phrase is from Psalms 19:4, where it states that although the heavens do not utter any words, their message is discerned by human beings. The Netziv is also explaining why “words” is not written with the “masters of collections” as it was with the “wise” in Eccl. 12:11. ¹⁶ Rabbenu Tam derived a law that permits identifying a corpse more than three days after death. ¹⁷ Rabbenu Tam derived from the Bahag that using a sign for identification in various halachic matters is of rabbinic origin.

However, we are like ignorant children¹⁸ 17b and Hullin 111b, in which the Hebrew word yasom is used as a gentle rebuke, as when calling someone an ignorant child. The literal meaning of the word yasom is “orphan.” who possess no intellect, nor do we have the mouth [with good teeth] that is the means to consume and benefit from the nuances in the language [of the words of the sages]. Therefore, we need to delve deeply into the explanations that Rashi, Tosafos and their like among the Rishonim provided, and use these commentaries when applying pilpul to the various areas of the Talmud. With this perception, we can easily come to understand the approach of our Master [the She’iltos], as well as the positions of the Bahag and the Rif [in understanding the Talmud]. In this way, the opinion of our Master [the She’iltos] functions as a support, making known the distinctive features of an opinion based on the well-known traditions received by the Gaon, Rav Ahai, of blessed memory.

footnotes: ¹⁸ See Kesuvos