Shulchan Arukh, Orach Chayim Siman 607
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צריך להתודות במנחה קודם סעודה המפסקת: הגה ויחיד אומרו אחר שגמר תפלתו וש"ץ אומרו ביו"כ בתוך התפלה (טור):
**“The order of confession (of sins)**³⁹, ודוי, confession of sins, is a prerequisite for expiation and atonement in the Bible for sins committed individually or collectively. In the Bible there is usually a pardoning by God following the confession. Examples of this are found in the stories of Cain, (Genesis 4:13) David, (Psalms 32,41,51, and 69), Judah with Tamar (Genesis 36:26), Achan and the spoils of Jerico (Joshua 7:19-21), Saul and the Amalekite booty (I Samuel 15:24-25). There are also examples of Biblical confessions made for the nation; Moses and the golden calf worshipping (Exodus 32:31), the high priest’s confession on the Day of Atonement (Leviticus 16:6, 11, 21) and the confession of Ezra (9:6, 7, 15) and Nehemiah (1:6,7;9:2,33-35). Prior to the destruction of the Temple confessions had to precede special sin and guilt sacrificial offerings. The person confessing had to place his hands upon the head of the animal sacrifice to transfer his sins to the animal (Leviticus 1:4). The Bible gives no wording for these confessions but there is in the Mishna the wording for the confession of the high priest on Yom Kippur: “O God, I have committed iniquity, transgressed, and sinned before Thee, I and my house. O God forgive the iniquities and transgressions and sins which I have committed and transgressed and sinned before Thee I and my house as it is written in the Law of Thy servant Moses, ‘For on this day shall atonement be made for you, to cleanse you; from all your sins shall ye be clean before the Lord’” (Leviticus 16:30; Yoma 3:8). In rabbinic times it became an accepted custom to confess one's sins before seeking atonement and the confession of sins became an integral part of the synagogue ritual. On the Day of Atonement it became a focal point of the service. According to the Talmud (Yoma 87b) the simple statement "Truly, we have sinned" is sufficient for confession, but elaborate formulas of confession have evolved. The Ashamnu "We have incurred guilt" is the prayer on Yom Kippur that is inserted into the fourth benediction of the reader's repetition of the Amidah (see footnote 43). The prayer consists of two parts, each of which contains an alphabetical listing of sins probably committed by people during the year for which they are seeking atonement on Yom Kippur. The first alphabetical confession is known as the Viddui Katan, the "Small Confession". The second part of the Ashamnu is known as the Viddui Gadol, the "Great Confession". It is also known as the Al Ḥet "For the sin which I committed before Thee" which is the statement that precedes each specified sin. These confessionals are first mentioned in geonic liturgy (see footnote 19). Additions to the enumerated sins have evolved to include all possible transgressions since a person might have unintentionally forgotten about a sin during the year which must be confessed in order to receive atonement. The sins are all confessed in the first person plural, "we", communally, thus a person may even confess a sin he is sure he did not commit. In addition to Yom Kippur, the Ashamnu is also recited during the Seliḥot Services prior to Yom Kippur (see footnote 14). It is also recited in the Minḥah Afternoon Service on the Eve of Yom Kippur and ten times during the Day itself. The Ashamnu is also included in the daily service of the Ḥasidic rite, and on Monday and Thursday it is recited by the Sephardi, Italian, and Yemenite communities. The viddui, confession of sins, can also be said by individuals silently at appropriate occasions especially when one is about to die. The viddui said on the Day of Atonement in the singular has become acceptable as a death confessional. A bridegroom also recites this viddui in the singular during the Minḥah Service before his wedding, the wedding day being considered a day of judgment for the bride and groom. Editorial Staff, E. J., v. 5, pp. 878-80. during Minḥah⁴⁰, מנחה, is the Afternoon Service which is one of the three daily services, the Morning Service being called the Shaḥarit (see footnote 17) and the Evening Service being called the Arvit or Ma'ariv Service (see footnote 144). The Minḥah Service possibly derives its name from the minḥah sacrificial offering performed at the Temple in Jerusalem in the afternoon. A lamb was sacrificed at the Temple at dusk. The Minḥah Service consists of the following parts: the Ashrei (Psalm 145 preceded by Psalms 84:5 and 144:15 and closed by Psalm 115:18); the Amidah (see footnote 17); the Taḥanun (see footnote 10); and it is concluded with the Aleinu (see footnote 17). On the Sabbath and on fast days a portion of the Torah is read before the Amidah and in some rites portions dealing with daily sacrifices are read before the Ashrei. On Sabbaths part of the portion from the Torah of the coming week is read. The Minḥah Prayer can begin any time after the sixth and one-half hour of the day, which mean any time after 12:30 P. M. If Minḥah is prayed at this time of the day it is called Minḥah Gedolah or the "major" Minḥah. If Minḥah is prayed after the nine and one-half hour, which means after 3:30 P. M., it is called Minḥah Ketannah or the "minor" Minḥah. The Minḥah Service must though be completed before the twelfth hour, that is, before sunset, (Ber. 4:1; Ber 26b-27a). The Shulḥan Arukh, Oraḥ Ḥayyim, 324 states that one may pray both Minḥah Gedolah and Minḥah Ketannah provided that one is obligatory (ḥovah) and the other is a voluntary act (reshut). But this is only allowed for the extremely pious. The third meal on the Sabbath, Se'udah Shelishit is usually eaten between the Minḥah, Afternoon Service, and the Ma'ariv, or Evening Service. It has become the custom during the daily service to wait and begin the Minḥah Service shortly before sunset, so that the congregation can wait a few moments and then not have to reassemble (for a third time, having also assembled in the morning for Shaḥarit) for the Evening, Ma'ariv Service which on Sabbaths and holidays can be recited immediately following the sunset. On weekdays, it can be recited even before sunset. cf., Aaron Rothkoff, E. J., v. 12, pp. 31-32. (the Afternoon Prayer) on the Eve of Yom Kippur” - Containing six paragraphs. One needs to confess during Minḥah (the Afternoon Prayer) before the (last) meal before fasting.⁴¹, סעודה המפסקת, is the term given to the last meal which is eaten immediately prior to the fast of Yom Kippur and the fast of Tishah be-Av. It contains the last food which is eaten until the fast has been completed. Hagah: If one is alone he says it (the confessional) after he finished his Silent Prayer, but the public reader⁴², שליח צבור, is the public reader or the envoy or messenger of the community. It is the term given to an individual in public synagogue worship who officiates as the reader or the cantor, ḥazzan, the one who chants the liturgy. The main function of the sheli'aḥ ẓibbur is to lead the congregation in communal worship by chanting (or reading) aloud certain prayers or parts of them. He also recites the doxology of calling the congregation to worship (Barekhu) and he repeats the Amidah (see footnote 17 and 43). He also recites most Kaddish (see footnote 177) prayers which is a prayer in praise of God, and he leads the congregation in responsive readings and hymns. The Shulḥan Arukh, Oraḥ Ḥayyim, 53:4-9 lists the qualifications of a sheli'aḥ ẓibbur. He must have humility, be acceptable to the congregation, know the rules of prayer, and the proper pronunciation of the Hebrew text, have an agreeable voice, be properly dressed, and have a beard. The beard however was later not required except on the High Holydays. Except for the recital of hymns and psalms (e.g., pesukei de-zimra, see footnote 17) the sheli'aḥ ẓibbur had to be a male past the age of bar mitzvah, thirteen years old. c.f., Editorial Staff, E. J., v. 14, pp. 1355-56. says his (confessional) on Yom Kippur during the Silent Prayer,⁴³, התפילה, "The Prayer" is a synonym for the Amidah, עמידה, the Silent Prayer said standing which is recited individually during each of the daily services, the Shaḥarit, Morning Service (see footnote 17), Minḥah, Afternoon Service (see footnote 40), and the Arvit (or Ma'ariv), the Evening Service (see footnote 144). It is also recited for the Musaf, the Additional Service (see footnote 166) on the Sabbath and festivals, and on Yom Kippur for a fifth time during the Ne'ilah, the concluding prayer (see footnote 191). During a congregational prayer that is when there is a minyan, a quorum of at least ten adult males, the reader (see footnote 41) repeats the Amidah outloud and on festivals a number of additions are made. Originally the repetition was for the uneducated people who did not know the prayers. Upon hearing each blessing they could respond, "Amen" and thus fulfill their religious obligation of reciting the Amidah. The Amidah of Arvit, the Evening Service, was originally optional but it long ago became obligatory to recite it silently but it is not repeated outloud except on the Sabbath eve when an abbreviated version of it in one single benediction is recited. The word Ha-Tefillah for this prayer originated in the Talmud where it was referred to as "The Prayer" par excellence. It is also known as the Amidah for it is said "standing" and as the Shemoneh-Esreh (18) for it originally had eighteen benedictions in the daily worship while today it contains ninteen. The Amidah takes on various forms for different occasions. On weekdays there are ninteen benedictions, on fast days an additional benediction is added when the reader repeats the prayer, (in ancient times on some public fasts six prayers were added to the regular ones, Ta'an. 2:2-4). On Sabbaths and festivals there are only seven benedictions in the Amidah except for the Musaf Service (see footnote 166) on Rosh HaShanah where there are nine. All the various forms of the Amidah have six blessings in common, the first and last three, with the middle changing according to the occasion. The first three benedictions praise God and the last three basically express thanksgiving. On the weekdays the intermediate benedictions are petitions and the Amidah is therefore predominantly a prayer of supplication where praise, petition, and thanksgiving are included. In most of the benedictions the one praying addresses God as "Thou" for it is through the Amidah that one communicates with God. The pronoun, "we" is also used throughout the Amidah which indicates that it is to be a communal prayer. Even though at times it is said individually, the worshipper is considered a member of the congregation. On Sabbaths and on festivals the central prayer concerns the specialness of the day or one aspect of that part of the day (that is, morning, afternoon, or evening on the Sabbath), and there is no petition, only praise, the special blessing of the day, and thanksgiving. On the Day of Atonement the central blessing called Kedushat ha-Yom, the sanctification of the day, is concluded specially as follows: "Barukh…Melekh moḥel ve-sole'aḥ le-avonoteinu…mekaddesh Yisrael ve-Yom ha-Kippurim," "Blessed…King who pardons and forgives our iniquities…who sanctifies Israel and the Day of Atonement". On Yom Kippur also the third blessing (of the first three standard blessings of praise) is elaborated to contain the prayer "u-Vekhen Ten Paḥekha", "Now therefore impose Thy awe", which is an ancient petition for the eschatological Kingdom of God. On the Day of Atonement the silent recital of the Amidah is followed by the viddui, a confession of sins (see footnote 39) which is not written as a benediction. When the reader repeats the Amidah the viddui is inserted into the fourth, the central, benediction. Two confessions are recited, one short and one long which are both arranged in alphabetical order. The sins which every person might have committed during the year are included and enumerated upon. Since this prayer is part of community worship, the pronoun "we" is used, "we have transgressed, etc." (see also footnote 17). Joseph Heinemann, E. J., v. 2, pp. 838-45. (טור).⁴⁴, טור, see footnote 23.
footnotes: ³⁹ Viddui ⁴⁰ Minḥah ⁴¹ Se'udah ha-Mafseket ⁴² Shelia'aḥ Ẓibbur ⁴³ Ha-Tefillah ⁴⁴ Tur
אין צריך לפרט החטא ואם רצה לפרט הרשות בידו ואם מתודה בלחש נכון לפרט החטא: הגה אבל כשמתפלל בקול רם או ש"ץ כשחוזר התפלה אין לפרט החטא ומה שאומרים על חטא כסדר א' ב' לא מקרי פורט הואיל והכל אומרים בשוה אינו אלא כנוסח תפלה (ד"ע):
There is no need to itemize (to detail) (the description of) the sin, but if one wants to detail it¹, (see footnote 33): 607:2 - "And if one wants to detail (one's sins)…": This means that we speak (that he may confess his sins) even outloud, and it seems to me that this is so only if the sin is commonly known but a sin which is not common knowledge, in everyone's opinion it is forbidden to say it outloud, as it is written, "Happy is the one whose transgression is forgiven…" (Psalms 32:1), (and this is what is written in a Hagah, note). Certainly the Amoraim did not oppose the Tannaim as it is written in Sotah 32, that they ordained the prayer to a wisper so as not to embarrass the transgressors who are confessing about their sins, but rather R. Judah b. Baba decided that before God there was no need to detail (one's sins), and in this there is no difference whether the sin is publically known or not because all is revealed before Him (God), see in the Gemara and in Bayit Ḥadash, ב״ח, (see footnote 20b.) that it is not according to the Beit Yosef, ב״י, (see footnote 20.) There is a problem in what Rashi wrote in (the Talmud Tractate) Ḥulin at the end of chapter two, that if one sins unintentionally, it is well known, because if someone commits a sin unintentionally, he does not cover it up in order to be embarrassed (about it) and atone for himself, end quotes. It is written in scripture "Happy is the one whose transgression is forgiven whose sin is covered," (Psalms 32:1), and the sin was an unintentional one. he has the permission to do so, but if one confesses silently (i.e., just moving one’s lips but not speaking audibly), it is appropriate to detail the sin. Hagah: But when one prays outloud or the reader, when he repeats the prayer, they do not detail the sin. But saying the prayer “על חטא⁴⁵, על חטא, is the second part of the Ashamnu. The Al Ḥet is also known as the Viddui Gadol, the "Great Confession". It is an alphabetical listing of all possible sins which one may have committed during the year. Each sin is preceded by the statement Al Ḥet, "For the sin which we have committed before Thee" and then the sin is enumerated. The sins are all confessed in the first person plural "we" so that every person can confess all possible sins, even those he may have forgotten, or those he surely did not commit, together with the whole congregation so as not to overlook a sin which requires specific confession to achieve atonement. The Al Ḥet is found along with the Viddui Katan, the Small Confession, which is also an alphabetical listing of sins and precedes the Al Ḥet in the Ashamnu. The Ashamnu is recited by the reader in his repetition of the Amidah (see footnote 43) during the Minḥah, Afternoon Service, on the Eve of Yom Kippur and in every repetition of the Amidah on the Day itself, except that of the Ne'ilah, Concluding Service, (see footnote 191). It is included in the fourth, the central, benediction; (see also footnote 39). In the alphabetical listing of the sins in the Al Ḥet, two sins are included under each letter. Each line begins the same: "For the sin we have sinned before Thee…" There are a total of forty-four sins (two for each of the twenty-two Hebrew letters) in alphabetical order. Another nine lines are included to enumerate sins according to their prescribed punishments. The recitation is divided into four parts. After each part the following formula is recited: "And for all these, O God of forgiveness, forgive us, pardon us, grant us atonement." This is chanted during the reader's repetition of the Amidah. In the list of sins, there are specific as well as general sins stated to cover any unknown transgressions. Sins of a ritual nature are not included. The "we" represents collective responsibility that every member of a community should feel. The author of the Al Ḥet is unknown. The Sephardi ritual has only one sin per letter and in some communities the order of the letters is reversed. The Yemenites use a shortened version. The prayer is usually said standing with the head bowed while beating one's breast at the mention of each sin. Editorial Staff, E. J., v. 2, pp. 629-30.” in alphabetical order, is not called itemizing (detailing) since everyone says it equally, therefore it is only like a text of a prayer, (ד״ע).⁴⁶, ד״ע, Isserles' own opinion; see footnote 38.
footnotes: ¹ The following comment is found in Magen Avraham ⁴⁵ Al Ḥet ⁴⁶ Da'at Aẓmo
צריך להתודות מעומד ואפילו כי שמע ליה משליח צבור והוא התודה כבר צריך לעמוד: הגה ויחזור ויתודה עם השליח צבור (ר"ן פ"ב דר"ה) ועיקר הוידוי היא אבל אנחנו חטאנו (טור):
One has to confess standing up and even if one (the confessor) hears it from the reader and he has already confessed, he still must stand. Hagah: And one should again confess with the reader, (ר״ן פ״ב דר״ה);⁴⁷bbenu Nissim. He lived from around 1310 until approximately 1375. He was one of the most important Spanish talmudists. Nissim was born in Gerona but settled in Barcelona. He never held any official rabbinical office but he functioned as a rabbi and a judge, a dayyan, in his community. Many of the takkanot, the ordinances supplementing the law, which were enacted in Spain originated with Rabbenu Nissim. He was considered an authoritative posek, halakhic decision maker, and he received questions on Jewish law from Ereẓ Israel and Syria as well as from his own community. His main teacher was Perez ha-Kohen. Rabbenu Nissim served mainly as the head of the yeshivah in Barcelona. Nissim wrote many halakhic works. The method and system he followed was established basically by Naḥmanides, Solomon b. Abraham Adret, Aaron ha-Levi of Barcelona, and their contemporaries although in his decisions, Nissim did not name the scholars whose sayings he quoted. He also added much of his own thought to the material he received from others. One of Nissim's main works was his commentary on the halakhot of Isaac Alfasi, a code based on the Talmud. His work is included in the margins of Alfasi's commentary in all printed versions of this work. This commentary is found with the following tractates (the section quoted by Isserles in this footnote is included): Shabbat, Pesaḥim, Beẓah, Rosh HaShanah, Yoma, Ta'anit, Megillah, Sukkah, Ketubbot, Gittin, Kiddushin, Shevu'ot, Avodah Zarah, Ḥullin, and Niddah. Nissim also wrote novellae to parts of the Talmud. The commentary that Rabbenu Nissim wrote to the Talmud tractate Nedarim is his best known work and his commentary has become the standard one instead of that by Rashi. Some of the commentaries attributed to Nissim might not be his, as the acronym, RaN, was used by many. Only a few of Nissim's responsa are still in existence along with a collection of twelve sermons and a commentary to the Pentateuch where he wanted to prove the superiority of prophecy and the Bible over philosophy. This was to give people strength and faith during difficult periods of persecution. Nissim also wrote piyyutim, liturgical poems, (see footnote 149). Leon A. Feldman, E. J., v. 12, pp. 1185-86. the essence of the confession is “but we sinned”, (טור).⁴⁸, טור; see footnote 23.
footnotes: ⁴⁷ Rabbenu Nissim, chapter two of (his commentary to) tractate Rosh HaShanah, ר״ן פ״נ דר״ה.Nissim ben Reuben Gerondi is also known by the acronym of his name RaN from Ra ⁴⁸ Tur
עונות שהתודה עליהם ביום הכפורים שעבר ולא שינה עליהם אפ"ה יכול לחזור ולהתודות עליהם:
Sins that were confessed about on the past Yom Kippur and one did not repeat them, nonetheless he may again confess them.
בתפל' מנחה ערב יום הכפורים אינו חותם בוידוי שאחריה: הגה ואין הש"ץ מחזיר הוידוי במנחה אלא מתפלל שמ"ע כבשאר ימות השנה (טור ומרדכי) ואין אומרים אבינו מלכנו (עססי' תרי"ד) וכל שכן תחנון:
During the Minḥah Prayer on the Eve of Yom Kippur one does not conclude the Prayer with a confession after it. Hagah: The reader does not repeat the confession during the Minḥah Prayer, rather he prays the Amidah⁴⁹, שמונה צשרה, the eighteen benedictions, which is also called the Amidah, the Silent Prayer said in a standing position, and Ha-Tefillah, "The Prayer" par excellence; see footnote 43. like on the rest of the days of the year, (טור, ומרדכי)⁵⁰ and Mordekhai, טור ומרדכי: For Tur, טור; see footnote 23. For Mordekhai, מרדכי; see footnote 24.. and does not say the prayer “אבינו מלכנו⁵¹, אבינו מלכנו, "Our Father, our King"; see footnote 15.”, (see the end of chapter 614), and all the moreso not the prayers of supplication (taḥanun).⁵², תחנון, prayer of supplication; see footnote 10.
footnotes: ⁴⁹ Shemoneh Esreh ⁵⁰ Tur ⁵¹ Avinu Malkhenu ⁵² Taḥanun
כל הקהל לוקים מלקות ארבעים אחר תפלת המנחה שמתוך כך יתן אל לבו לשוב מעבירות שבידו: הגה ונהגו שהנלקה אומר וידוים בשעה שנלקה והמלקה אומר והוא רחום יכפר עון וגו' ג"פ שהם ל"ט תיבות כנגד ל"ט מכות (מנהגים). ונהגו להלקות ברצועה כל דהוא דאינו רק זכרון למלקות ויקח רצועה של עגל על דרך שנאמר ידע שור קונהו (כל בו) והנלקה לא יעמוד ולא ישב רק מוטה (מנהגים) פניו לצפון ואחוריו לדרום (מהרי"ל) יוה"כ אינו מכפר אלא על השבים המאמינים בכפרתו אבל המבעט בו ומחשב בלבו מה מועיל לי יו"כ זה אינו מכפר לו: (רמב"ם פ"ג מהלכות שגגות):
The entire congregation (every Jewish member of the community) receives forty lashes⁵³, מלקות ארבעים, forty lashes, the maximum biblical punishment for a transgression; see footnote 31. The following comment is offered by Magen Avraham, (see footnote 33.): 607:8 - "Lashes": Not exactly forty (lashes) but rather thirty-nine. after the Minḥah Prayer, for because of it he will take to heart to turn away (and repent) from his transgressions. Hagah: It was customary that the one being flogged say the confessions, vidduim⁵⁴, וידוים, the plural of viddui, confession of sins; see footnote 39., at the time that he was flogged, and that the flogger say, “And He (God) pities and will atone sins…” (Psalms 78:38), three times which equals thirty-nine words corresponding to the thirty-nine lashes⁵⁵, (this is a custom). And it is customary to whip with a little strap because this (flogging) is merely a remembrance to the genuine flogging. One should take a strap of calfskin, corresponding to the Biblical verse, “the ox knows his owner and the ass his master’s crib,” (Isaiah 1:3), (כל בו),⁵⁶, כל בו; see footnote 34. The one who is flogged shall not stand nor shall he sit, but he should be in a slanting position, (מנהגים),⁵⁷, מנהגים; see footnote 13. with his face to the north and his rear should be to the south, (מהרי״ל).⁵⁸, מהרי״ל; see footnote 8. Yom Kippur only atones for the repenters who believe in its (Yom Kippur’s) atonement. However, one who despises it and thinks to himself, “how can this Yom Kippur help me,” Yom Kippur does not atone for him, (רמב״ם פ״ג מהלכות שגגות).⁵⁹" (The Laws of Transgressions committed Unintentionally), מהלכות שגגות רמב״ם פ״ג. Rambam is an acronym for Rabbi Mosheh ben Maimon. He is also known as Maimonides. This twelfth century intellectual is one of the most famous Jewish philosophers, halakhists, and writers of all times in addition to being a famous physician. His most famous work is called the Mishneh Torah which means "The Repetition of the Law" or a second Torah. It is a code of Jewish law. Maimonides wanted to collect and organize Jewish law so it could be easily found and understood by people not as well versed as he was in the law. Maimonides' goal was to concentrate all of Jewish law from the Written Law until his time in a scientific and systematic way. His knowledge of and commentaries on halakhic material was phenomenally extensive. He wanted to subdivide and classify all of Jewish law according to subject matter which had not been done since the Mishna of Judah ha-Nasi. He divided his work into fourteen books (the letters, י״ד, equal fourteen and therefore the alternate name for his work is ha-Yad ha-Hazakah, "The Strong Hand"). Each book has eighty-three further divisions called halakhot, the construct form being hilkhot (the reference made by Isserles in this footnote is to one of these divisions called Hilkhot Shegagot), these parts were further divided into one thousand chapters, perakim, made up of some fifteen thousand paragraphs, each called a halakhah. Maimonides gave a single halakhic rule in his work in clear, legal Hebrew without stating different opinions or the sources for his decisions except when they originated in the Torah. For this he is criticized. (For a further explanation of Maimonides and the Mishneh Torah as part of the whole of codification literature, see the introduction to this thesis.) Maimonides' work as a halakhist was not limited to the Mishneh Torah, although that is his most famous legal work. He wrote commentaries to some tractates of the Talmud, and mention is also made to his commentaries on the Palestinian Talmud as well as the Mishna. His Mishneh Torah contains the whole of Jewish law, both practical and theoretical. Maimonides also wrote responsa where we learn of the life of the Jewish community in Egypt and its neighboring countries during his lifetime. There are 464 responsa of Maimonides in Hebrew and Arabic. Many of his decisions became the accepted halakhah. Another famous work of Maimonides is his Sefer ha-Mitzvot, the "Book of the Commandments". In this halakhic work Maimonides decided to arrange the traditional 613 commandments in a new way. He gave his own enumeration of the 248 positive and the 365 negative commandments. The book, originally written in Arabic and translated into Hebrew by Moses ibn Tibbon, received much criticism for the methodology employed, but it later became an accepted work. The Sefer ha-Mitzvot served as an introduction to the Mishneh Torah which he worked on for ten years. Although the Mishneh Torah is an halakhic work, and even though Maimonides' philosophic work, The Guide of the Perplexed, was written after the Mishneh Torah, the Rambam still managed to include philosophic ideas in his code. Maimonides felt that philosophy and science are handmaidens to theology. Mainmonides in the Mishneh Torah included a system of metaphysics (Book One), the astronomical calculations for the calendar (Book Three), and the doctrine of the Messiah and a refutation of Christianity, Islam and their founders (Book Fourteen). Even though the Mishneh Torah received much criticism by the contemporary scholars of Maimonides because it was such a novel way or arranging halakhah, since it did not give all the sources, and because it was feared that students would use it and no longer study the original talmudical sources, the book became one of the most creative sources of halakhah in all Jewish literature. Jacob I. Dienstag, E. J., v. 11, pp. 764-68.
footnotes: ⁵³ Malkut Arba'im ⁵⁴ Vidduim ⁵⁵ Thirty-nine lashes, a biblical means of punishment for certain sins or a transgressions; see footnote 31. ⁵⁶ Kol Bo ⁵⁷ Minhagim ⁵⁸ Maharil ⁵⁹ Rambam, chapter three from "Hilkhot Shegagot