Introduction to Commentary on the Mishnah

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Introduction to Commentary on the Mishnah

• The Origins of Controversy

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Outline of Intro to Mishnah

• Revelation of written and oral Torah
• later explanations with 13 middot, mahloket
• prophet cant add
• false prohets, from idolatry, do idolatry,
  change Torah
• except temporarily except idolatry
• prophets and elders until Rebbi.
• He summarized everything and wrote the majority
  opinion and also included minority
• Halacha LeMoshe Misinai is no different from rest
  of core of oral torah except its not given
  scriptual basis.
• five categories of oral torah
• To reject or accept minority opinion
• structure of Mishnah
• Later explanations of the Mishnah
• tosefta
• talmud and whats in it besides commentary
• Rabbis of the Mishnah

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Mishnah Berakhot 1

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Salomon Ben JerohamThe Karaite

• I have set the six division of the Mishnah
  before me. And I looked at them carefully with my
  eyes. And I say that they are very contradictory
  in content. This one Mishnaic scholar declares a
  thing to be forbidden to the people of Israel,
  while that one declares it to be permitted. My
  thoughts therefore answer me, and most of my
  reflections declare unto me, that there is in it
  no Law of logic nor the Law of Moses the Wise.

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Abraham Ibn Daud Geonic Approach

• Now should anyone infected with heresy attempt to
  mislead you, saying It is because the rabbis
  differed on a number of issues that I doubt their
  words, you should retort bluntly and inform him
  that he is a rebel against the decision of the
  court and that our rabbis of blesses memory
  never differed with respect to a commandment in
  principle, but only with respect to its detail
  for they had heard the principle from their
  teachers, but had not inquired as to its details
  since they had not waited upon their masters
  sufficiently.

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Ibn Daud, Sefer ha-Kabblah

• As a case in point they did not differ as to
  whether or not it is obligatory to light the
  Sabbath lamp what they did dispute was with
  what it may be lighted and with what it may not
  be lighted. Similarly, they did not differ as to
  whether we are required to recite the Shema
  evenings and mornings what they differed on was
  from when may the Shema be recited in the
  evenings and from when may the Shema be
  recited in the mornings. this holds true of all
  of their discussions.

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(No Transcript)
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Mishnah Eduyot 14-5

• Mishnah4. And why do they record the opinions of
  Shammai and Hillel to set them aside? to teach
  the following generations that a man should not
  always persist in his opinion, for behold, the
  fathers of the world did not persist in their
  opinion.
• Mishnah5. And why do they record the opinion of a
  single person among the many, when the Halachah
  must be according to the opinion of the many? So
  that if a court prefers the opinion of the single
  person it may depend on him. For no court may set
  aside the decision of another court unless it is
  greater than it in wisdom and in number. If it
  was greater than it in wisdom but not in number,
  in number but not in wisdom, it may not set aside
  its decision, unless it is greater than it in
  wisdom and in number.
• Mishnah6. R. Judah said if so, why do they
  record the opinion of a single person among the
  many to set it aside? So that if a man shall say,
  thus have i learnt the tradition, it may be said
  to him, according to the refuted opinion of
  that individual did you hear it.