Since we have already put out the famous composition that we called the Commentary on the Mishnah - and it was our intention in that composition to briefly explain the law from the Mishnah, but our intention was not to be exhaustive in the laws of each commandment, nor to bring all that is necessary about what is forbidden or permissible and obligated or exempt, as is clear to one who carefully studies that composition - I have also seen fit to write a composition that includes all of the laws of the Torah and their regulations, such that nothing be missing from it. And in it, I will follow my custom of leaving out mention of disagreements and rejected statements. Rather, I will only bring the final law. This composition will include all of the laws of Moshe's Torah - those that are necessary during the time of exile and those that are not necessary. I have also found it proper to remove the lengthiness and authority [involved] in mentioning those that possessed traditions, such that I will not say, "these are the words of Rabbi x," or "Rabbi y says this and that" about each statement. Rather I will more generally mention the sages of the Mishnah and the sages of the Talmud, peace be upon them, at the beginning of the composition. I will mention that all of the regulations of the Torah - and that is the oral (orally transmitted) Torah - were passed down from x and from y, up until Ezra and up until our teacher, Moshe. And with each and every one, I will mention those that received it from him. All of this is for the sake of brevity. And I also saw fit not to write it in the parlance of the books of prophecy (Biblical Hebrew), because that parlance is too limited, in order for us to use it in explaining all the content of the laws. And I will also not write it in the parlance of the Talmud, since only a few among the people of our nation would understand it; and since some of its words are foreign or difficult even for those who are experts in Talmud. Rather I will write it in the parlance of the Mishnah, in order to make it simpler for most people. In it, I will include everything that has been certified and clarified about the Torah's words - such that there not be any imperative question missing, which I will not address or not [at least] address the root from which the question stems, [so that it can be seen] quickly without [requiring] in-depth study. For my intention in this is both brevity and completeness; such that everything be found in it that is found in the Mishnah, the Talmud, the Sifra, the Sifrei and the Tosefta - and that which the later Geonim deduced, clarified and explained - about that which is forbidden or permissible, impure or pure, disqualified or fit, obligated or exempt, requiring payment or not requiring payment and requiring an oath or being exempted from an oath. In general, [it will be written so] that in order to know any matter from the Torah that one needs - whether from the Torah [itself] or rabbinic - he not need any other book after the Torah besides it.

And once I had the intention of this purpose in mind, I gave thought to which way I should divide this composition and its sections. Would it be more fitting if I divided it according to the division of the Mishnah and let its approach suffice? Or should I divide it differently and arrange its sequence according to what is required for its analysis, so it would lend itself more easily to study? And it appears to me that it would be best for its division to be according to the various laws instead of the tractates of the Mishnah - such that one would say, the Laws of the Sukkah; the Laws of Tefillin; the Laws of of Tzitzit; and the Laws of the Mezuzah - and that I divide the topic into chapters and laws, as is done in the Mishnah. So, by way of illustration, there would be a first, second and third chapter in the Laws of Tefillin; and each chapter would be divided into laws. In this way, one who so desires may more easily memorize it or call up an item from memory. And it is clear that since the division is in this way - whether it is a positive or negative commandment, it would not be fitting to divide its laws into two topics. Rather anything that needs to be subdivided will be included in [different] chapters within that category. So sometimes there will be several commandments within one category - whether because one topic unites them or whether because the commandments have the same intent. So, for example, when I speak about idolatry, I will call the category, the Laws of Idolatry and I will attach many laws of many commandments to it: The inciter and the instigator; one who passes another to Molekh; one who prophesies in its name; one who worships it; and other commandments besides this that pertain exclusively to idolatry. And likewise when I discuss the laws of prohibitions of the altar, I will speak about leaven and honey; animals with defects; the wage of a prostitute and the sale revenue of a dog; and that which is similar to them in this category. For all of these commandments have one thing which unifies them, and that is that they are all things that are forbidden as sacrifices.

And because of this intention, I came to the conclusion and saw fit that I first write a list of all the commandments - both positive and negative - at the beginning of the book before I divide the book into their categories, so that no commandment escape without completing the discussion of its laws: Whether a specific discussion like that of sukkah or lulav or tzitzit - for each one of these warrant a specific discussion - or whether within a category of commandments like those which we mentioned. In that case - after we have mentioned [the category] - we shall say that these laws of idolatry have x positive commandments and these and those are them; and y negative commandments and these and those are them. All of this is to make sure that no matter is absent from [the composition], such that I not speak about it. And by mentioning all of the commandments by number, I will be sure about this.

But after I decided about this matter and began my efforts to write this book and mention all of the commandments plainly at the beginning of the book - according to their count - I was disturbed by a root issue that has been on my mind for many years. And that is that those that have listed the commandments have confused many matters, such that I cannot even recount the greatness of their disgrace. For all who begin to list them or to write a book that speaks about this intent are all drawn after the words of the author of the Halakhot Gedolot (Behag). And they all only differed from his approach a tiny bit in their counts, as if they were all frozen in front of this man's word. This is so much the case that I saw that the author of the famous Sefer HaMitzvot (of Rav Chefetz Gaon) noticed a small part of the confusion of the Behag and pushed away the counting - which the Behag had done - of visiting the sick and comforting the mourners; yet while what he pushed off was indeed off, he himself added things that were even further off. Moreover, he followed him in things that were worse, as will be clear to the one who studies our essay here. And God, may He blessed, knows, and His testimony is enough, that all that I have seen about their confusion - that they count things that one can see are not fit to be counted from the very first observation, and that they have followed each other without much observation - is a terrible misfortune to me. And to me, it has actualized the need for the [prophetic statement] to be fulfilled: "So that all prophecy has been to you like the words of a sealed document; if it is handed to one who can read and he is asked to read it, he will say, 'I can’t, because it is sealed'" (Isaiah 29:11).

And likewise have all of the many azharot (liturgical renderings of the commandments) - that are composed here in the land of Spain that I have heard - seized me with pangs, upon seeing the fame of this matter and its spread. And even though they are not to be blamed, for their authors were poets and not rabbis - and from the angle of their craft, they fulfilled that which was appropriate for them, with the sweetness of the lyric and the beauty of the arrangement - yet they were drawn in their meaning after the Behag and the other later rabbis. And when I reflected upon this and realized the fame of the matter among the masses, I knew that if I mentioned the true count that is fitting to count plainly without proof, even the first reader to read it will be certain that it is a mistake. And he will see it as a mistake, since he will see that it is different than that which was mentioned by x and y. For this is what happens in our time among the 'treasured people' - that they do not examine a statement according to its content, but rather by whether the statement agrees with the statement of those who preceded him, without examining that earlier statement. All the more so is this the case with the masses.

Hence I saw fit to preface the composition that I mentioned with an essay. And that is this essay that explains the topic of the commandments and how it is fit to count them. And I will bring proofs about this from verses of the Torah and the statements of the Sages as [their] explanation. And I will begin with principles that are appropriate to rely upon concerning the commandments and their count. And when their number is validated in this essay with clear proof - that has no doubt - the mistake of all those who counted differently than our count will become clear. And we do not need to respond to each one specifically to explain his mistake. As, for those that seek it, the intended goal and purpose of this essay will be accomplished without it. And that is because I will explain all of the commandments and count them one one by one, and bring a proof about anything that may be questionable. And my intention in this essay is not to explain the laws of any of the commandments, but rather just their [inclusion in the] count. So if I explain something about them when I mention them, I will be explaining it only in terms of [its] designation, such that it be known what a particular command or prohibition is talking about. And once you arrive at knowing their count with their proofs from this essay, I will mention them plainly at the beginning of the general composition, as we mentioned.

So I will now begin to mention the principles that are appropriate to rely upon in the count of the commandments, and they are fourteen. But first I will preface:

All of the commandments that are included in the book of the Torah that was given to us by God, may He be blessed, are 613. Of that, there are 248 positive commandments, the number of a person's limbs; and 365 negative commandments, the number of days in the solar year. And this number is mentioned about the commandments at the end of the Gemara, Makkot (Makkot 23b). They said, "There were 613 commandments stated to Moshe at Sinai, 365 corresponding to the number of days in the solar year, and 248 corresponding to the number of a person’s limbs." And they also said in homiletical style (see Tanchuma, Ki Tetzeh) that since the positive commandments are the number of the limbs, it is to say that each and every limb is saying to one, "Do a commandment with me"; and since the negative commandments are the number of the days of the year, it is to say that each and every day is saying to a person, "Do not do a sin upon me." And this was not bumbled by anyone who counted the commandments, meaning that this is their number. However they were greatly confused in the mention of the things to be counted, as will be explained in this essay. And that is because they were not aware of the content of [all] these fourteen principles:

The first of these principles is that it is inappropriate to count rabbinic commandments in this category.

The second principle is that it is inappropriate to count anything that we learn from the thirteen hermeneutic principles through which the Torah is expounded or from a (formal technical) inclusion.

The third principle is that it is inappropriate to count commandments that are not practiced for [all] generations.

The fourth principle is that it is inappropriate to count commands that include the whole Torah.

The fifth principle is that it is inappropriate to count the reason for a commandment as a commandment on its own.

The sixth principle is that it is appropriate with a commandment that includes [both] a positive commandment and a negative commandment, to count the positive commandment in it with the positive commandments and the negative commandment in it with the negative commandments.

The seventh principle is that it is inappropriate to count the details of the laws of the Torah.

The eighth principle is that it is inappropriate to count the negation of a positive commandment with the negative commandments.

The ninth principle is that it is inappropriate to count the [statements] of the negative commandments and the positive commandments, but rather the items prohibited by them or commanded by them.

The tenth principle is that it is inappropriate to count preliminaries that are for one of various purposes.

The eleventh principle is that it is inappropriate to count each of the parts of a commandment on its own, when their combination is one commandment.

The twelfth principle is that it is inappropriate to count parts of work, that are required by a command, on their own.

The thirteenth principle is that the count of commandments not be increased according to the number of days that one is obligated in that commandment.

The fourteenth principle is that it is inappropriate to count the enactment of fences [punishments] among the positive commandments.