37. Cf. Lev. 19:20-21; Mishnah, Kerithoth, II 2; B.T., Kerithoth, 9a.
38. Cf. Mishnah, Kerithoth, II g; B.T., Kerithoth, 11a. 39. Num. 13:30.
40. Of the verse that has just been quoted. 41. Cf. B.T., Kerithoth, 7b.
42. Josh. 22:12. The quotation, as given by Maimonides, is not quite accurate.
j66 The Guide of the Perplexed III • 41 [ 93a and had thereby apostatized from religion as a whole. This is the meaning of what they43 said to them: To turn away this day from following the Lord.44 They,45 on the other hand, replied: If it be in rebellion, and so on.*6 Grasp these principles also with regard to penalties.
The Book of Judges includes also the commandment to destroy the seed of cAmaleq, for one particular tribe or nation47 ought to be punished, just as one particular individual is punished, so that all tribes should be deterred and should not co-operate in doing evil. For they will say: Lest be done to us what was done to the sons of such and such a man.48 Thus even if there should grow up among them a wicked corrupt man who does not care about the wickedness of his soul and does not think of the wickedness of his action, he will not find | a helper of his own tribe to help him in the wicked things whose realization he desires. Accordingly it was commanded that cAmaleq, who hastened to use the sword, should be exterminated by the sword. On the other hand, c Ammon and Moab, who acted in a vile manner and caused harm by means of a stratagem, were punished only by the prohibition against becoming related to them through marriage, by being considered worthless, and by their friendship being shunned. All these matters belong to the divine estimation of penalties, so that these should not be too great or too small, as He, may He be exalted, has made it clear: According to his wickedness,49 This book 50 also includes the commandment to prepare a [secluded] place and a paddle.51 For one of the purposes of this Law consists, as I have made known to you, in cleanliness and avoidance of excrements and of dirt and in man’s not being like the beasts. And this commandment also forti¬ fies, by means of the actions it enjoins, the certainty of the combatants that the Indwelling has descended among them — as is explained in the reason given for it: For the Lord thy God walketh in the midst of thy camp.52 It has also included another notion, saying: That He see no unclean thing in thee, and turn away from thee,55 this being against that which, as is well known, is widespread among soldiers in a camp after they have stayed for a long time away from their homes. Accordingly He, may He be exalted, has commanded us to perform actions that make call to mind that the Indwelling has descended among us so that we should be preserved from those actions, and has said: Therefore shall thy camp be holy; that He see no unclean thing 43. The Children of Israel. 44. Josh. 22:16. 45. The sons of Reuben and of Gad.
46. Josh. 22:22. 47. Or: religious community.
48. I.e., to the tribe that was punished. 49. Deut. 25:2.
50. I.e., the Book of Judges of Maimonides’ Mishneh Torah, or Deuteronomy.
93^] The Guide of the Perplexed III • 41 j 6 7 in thee, and so on.5* He has even commanded that a man who has polluted himself by night should go out of the camp until the sun sets; and afterward he may come into the camp 55 Accordingly everyone should have in his mind that the camp is like a Sanctuary of the Lord and not like the camps of the Gentiles destined only to destroy and to do wrong and to harm the others and to rob them of their property. On the contrary, our purpose is to make people apt to obey God and to introduce order | into their circum¬ stances. I have already made it known to you that I shall give reasons for the [biblical] text according to its external meaning.
This book 56 also includes the law concerning the beautiful [captive] woman 51 You know their dictum: [ Here] the Torah only speaks in con¬ sideration of concupiscence,58 Nevertheless this commandment includes an exhortation to noble moral qualities, which excellent men must acquire in a way I shall indicate. For though his concupiscence overcomes him and pati¬ ence is impossible for him, he must obligatorily bring her to a hidden place; as it says: Home to thine house,59 And as [the Sages] have explained, he is not permitted to do her violence during the war.60 And he is not allowed sexual intercourse with her for the second time before her grief has calmed down and her sorrow has been quieted. And she should not be forbidden to grieve, to be disheveled, and to weep; as the text says: And she shall bewail her father and her mother, and so on.61 For those who grieve find solace in weeping and in arousing their sorrow until their bodily forces are too tired to bear this affection of the soul 3 just as those who rejoice find solace in all kinds of play. Therefore the Law has had pity on her62 and gave her the possibility to do so until she is weary of weeping and of grieving. You know that he can have sexual intercourse with her while she is still a Gentile. She may also, for thirty days in public, profess her religion, even in an idolatrous cult, and may not during that period be taken to task because of a belief. Withal if he does not succeed afterwards to convert her to the statutes of the Law, she may not be sold or treated as a slave. For the Law safeguards her inviolability on account of her having shown herself naked in sexual intercourse, even if this has happened through a certain act of disobedience — I refer to her having then been a Gentile — and says 54- Deut. 23:15.
55. Cf. Deut. 23: 11—12; Lev. 15: 16. The Hebrew phrase following the semicolon appears in Lev. 14:8 and Num. 19:7. However, these two passages do not refer to the case mentioned here by Maimonides.
56. I.e., the Book of Judges of IVIaimonides’ Mishneh 'Torah, or Deuteronomy, 60. Cf. B.T., Qiddushin, 22a. 61. Deut. 21:13. 62- I-e-> on the captive woman.
^68 The Guide of the Perplexed III • 42 [ 94a withal: Thou shall not make merchandise of her, because thou hast humbled her.65 Accordingly it has become clear that this commandment contains encouragement to a noble moral quality. The reasons for all the com¬ mandments contained in this book6* have accordingly become clear. | CHAPTER 42 CHAPTER 42 The commandments comprised in the seventh class are the laws concerning property $ they are those that we have enumerated in a portion of the Book of Judgments and in a portion of the Book of Acquisition. All of them have an evident reason. For they consist in an estimation of the laws of justice with regard to the transactions that of necessity occur between people and see to it that these do not deviate from a course of mutual help useful for both parties, lest one of them should aim at increasing his share in the whole and at being the gainer in all respects.
First and foremost there should be no swindling in buying and selling, and only the usual and habitually recognized profits should be sought.1 Conditions have been laid down under which the contract becomes valid, and swindling, even if it consists in mere words, has been forbidden, as is well known.
Then there is the law of four trustees.2 It is manifest in what way it is just and equitable. For the trustee who keeps a deposit gratuitously and derives no advantage whatever from this business and merely exercises charity is not responsible for anything, and every accident that may happen is borne by the purse of the owner of the property. A borrower who has all the advantage, whereas the owner of the property exercises charity with regard to him, is responsible for everything, and all accidents that may hap¬ pen are paid for out of the purse of the borrower. As for him who takes charge of a deposit in consideration of a salary and the lessor, each one of them, I mean the trustee and the owner of the property, participates in the advantage 5 therefore damages from accidents are divided between them. Those that are due to lack of care in keeping watch are paid for out of the purse of the trustee as when the thing is stolen or lost, for | the fact of theft 63. Deut. 21: 14.
64. I.e., the Book of Judges of Maimonides’ Mishneh Torah, or Deuteronomy.
1. Cf. Lev. 25:14-17. 2. Cf. Exod. 22:6-14.
gg a ] The Guide of the Perplexed III -42 or loss shows that he had neglected measures of great prudence and exceed¬ ing precautions. On the other hand, damages from such accidents as can be prevented by no device — as when the beast that has been lent is crippled or carried off or died, that is, when circumstances are beyond one’s control— axe borne by the purse of the owner of the property.
Then exceeding kindness is shown to the hired man because of his poverty, and it has been commanded that he receive his wages promptly and that he should in no way be cheated out of his due; I mean that he should be recompensed according to the value of his service.3 It is a matter of pity for him that he or even a beast must not be prevented from eating some of the food on which they work, according to the statutes of this Law.4 The statutes concerning property also comprise inheritance. Herein is involved an excellent moral quality, I mean that a man should not withhold a good thing from one deserving it. Accordingly when he is going to die, he should not begrudge his heir and squander his property. On the contrary, he should leave it to him who among all the people deserves it most, namely, to his next of kin: Unto his kinsman that is next to him of his family.5 As is well known, it is explained that this is first of all the child, then the brother, then the paternal uncle.6 And he should grant preference to the eldest of his children because his love for him came first, and he should not follow his inclination: He may not make the son of the beloved \wife\ the first-born, and so on.1 This most just Law safeguards and fortifies8 this moral quality — I refer to taking care of relatives and protecting them. You know what the prophet says: But he that is cruel afflicts his own kinsman f and the text of the Torah when speaking of alms: Unto thy brother, to thy poor, and so on.i0 And the Sages, may their memory be blessed, praise very much the character of the individual who causes his relatives to be close to him and who marries his sister’s daughter. 11 The Torah has taught us that one must go exceedingly far indeed in the exercise of this moral quality. Namely, man ought to take care of his rela¬ tive and grant very strong preference to the bond of the womb. Even if his relative should do him an injustice and a wrong and | should be extremely corrupt, he must nevertheless regard his kinsman with a protective eye. He, may He be exalted, says: Thou shalt not abhor an Edomite, for he is thy brother.12 Similarly everyone of whom you have had need some day, 8. Or: is fortified by. Or, according to another reading: perpetuates.
12. Deut. 23:8.
23 The Guide of the Perplexed III • 45 [ 956 everyone who was useful to you and whom you found in a time of stress, even if afterwards he treated you ill, ought necessarily to have merit attaching to him because of the past. He, may He be exalted, says: Thou shalt not abhor an Egyptian, because thou wast a stranger in his land.15 And it is generally known how greatly the Egyptians vexed us 14 afterwards.
See then how many noble moral qualities we learn from these com¬ mandments. The two last mentioned do not belong to this seventh class. But speaking of the care to be taken of relatives in inheritance, we went on to mention the Egyptian and the Edomite.
CHAPTER 45 The commandments comprised in the eighth class are the commandments that we have enumerated in the Book of Times.1 The [biblical] text gives the reasons for all of them except a few.
With regard to the Sabbath, the reason for it is too well known to have need of being explained, for it is known how great a rest it procures. Because of it the seventh part of the life of every individual consists in pleasure and repose from the fatigue and weariness from which there is no escape either for the young or for the old. At the same time it perpetuates throughout the periods of time an opinion whose value is very great, namely, the assertion that the world has been produced in time.
Th q fast [of the Day] of Atonement has also an evident reason consist¬ ing in establishing the notion of repentance. It is the day on which the Master of the prophets descended with the second Tables [of the Law] and brought them the good news that their | great sin was forgiven. This day became forever a day of repentance exclusively consecrated to divine service. There¬ fore one must abstain on it from all corporeal pleasure and from all effort with a view to what is useful to the body — I mean from work in various crafts — and confine oneself to confessions — I mean to confessing one’s sins and to turning away from them.
Th e festivals are all for rejoicings and pleasurable gatherings, which in most cases are indispensable for man; they are also useful in the establish¬ ment of friendship, which must exist among people living in political societies. There is a particular reason for every one of these days.
1. Or: Seasons.
96a ] The Guide of the Perplexed III ■ 45 yji The account of Passover is generally known. It lasts for seven days, for the period of seven days is a mean between the natural day and the lunar month. You know already that this period plays a great role in natural matters. It does so likewise in matters pertaining to the Law. For the Law always tends to assimilate itself to nature, perfecting the natural matters in a certain respect. For nature is not endowed with thought and under¬ standing, whereas the Law is the determining ruling and the governance of the deity, who grants the intellect to all its possessers. This, however, is not the purpose of this chapter. We shall accordingly return to the matter with which we are dealing at present.
The [Festival of] Weeks is the day of the giving of the Torah. In order to glorify and exalt that day, the days are counted from the first of the festivals up to it, as is done by one who waits for the coming of the human being he loves best and counts the days and the hours. This is the reason for the counting of the cOmer 2 from the day when they left Egypt till the day of the giving of the Torah, which was the purpose and the end of their leaving: And brought you unto My self.3 This great gathering only lasted one day 5 accordingly | it is commemorated every year during one day only. If, however, the eating of unleavened bread would only last for one day, we would not take notice of it and its meaning would not be made clear. For man often eats one kind of food for two or three days. Accordingly the mean- ing of [the eating of unleavened bread] only becomes clear and the account with which it is connected only becomes generally known through its being eaten for a complete period.
New Year lasts similarly for one day. For it is a day of repentance in which the attention of the people is called to their negligence. Therefore the shophar [horn] is blown on it, as we have explained in Mishneh Torah.* It is, as it were, a preparation for, and introduction to, the Day of the Fast [of Atonement]. Accordingly it is generally accepted in the tradition of the religious community5 that the ten days from New Year to the Day of Atonement should be observed.
The [Festival of] Tabernacles, which aims at rejoicing and gladness, lasts for seven days, so that its meaning be generally known. The reason for its taking place in the season in question is explained in the Torah: When thou gatherest in thy labors out of the field* this refers to the season of leisure when one rests from necessary labors. In the ninth book of the 3. The sheaf of the wave-offering; cf. Lev. 23:15, 3. Exod. 19:4.
4. Cf. Teshubah, III 4. 5. Or: the nation. 6. Exod. 23:16.
yj2 The Guide of the Perplexed III • 45 [ 966 “Ethics,”7 Aristotle states that this was the general practice of the religious communities in ancient times. He says literally: The ancient sacrifices and gatherings used to take place after the harvesting of the fruit. They were, as it were, offerings given because of leisure. This is literally what he says. In addition, it is possible to live in the tabernacle during that season, there being no great heat nor an uncomfortable rain. Both these festivals, I mean Tabernacles and Passover, inculcate both an opinion and a moral quality. In the case of Passover, the opinion consists in the commemoration of the miracles of Egypt and in the perpetuation of their memory throughout the periods of time. In the case of Tabernacles, the opinion consists in the per¬ petuation of the memory of the miracles of the desert throughout the periods of time. As for the moral quality, it consists in man’s always remembering the days | of stress in the days of prosperity, so that his gratitude to God should become great and so that he should achieve humility and sub¬ mission. Accordingly unleavened bread and bitter herbs must be eaten on Passover in commemoration of what happened to us. Similarly one must leave the houses8 and dwell in tabernacles, as is done by the wretched inhabitants of deserts and wastelands, in order that the fact be commem¬ orated that such was our state in ancient times: That I made the children of Israel dwell in tabernacles, and so on.9 From this we went over to dwell in richly ornamented houses in the best and most fertile place on earth, thanks to the benefaction of God and His promises to our fathers, inasmuch as they were perfect people in their opinions and in their moral character — I mean Abraham, Isaac, and Jacob. For this too is one of the pivots of the Law, I mean the belief that every benefit that will be or has been granted is due to the merit of the Fathers, since they kept the way of the Lord to do justice and judgment}9 One’s going over from Tabernacles to a second festival, I mean to the Eighth Day of Assembly, can be accounted for by the consideration that in this way one can complete such rejoicings as are impossible in tabernacles but only possible in spacious dwellings and in buildings.
As for the four species that constitute a lulab}1 the Sages, may their memory be blessed, have set forth some reason for this in the manner of Midrashim 12 whose method is well known by all those who understand 7. In fact, the passage occurs in Book VIII (1160325-28) of the Nicomachean Ethics.
8. During the Feast of Tabernacles. g. Lev. 23:45. 10. Cf. Gen. 18:19.
11. In this passage the Hebrew word apparently means any bunch composed of four plants. The four species alluded to are the branches of the palm tree, the citron, the myrtle, and the willows of the brook.
12. Here and in the following passages, the term Midrashim is substituted for the word derashoth used by Maimonides.
97« ] The Guide of the Perplexed III • 43 jjj their discourses. For these [namely, the Midrashim] have, in their opinion, the status of poetical conceits 5 they are not meant to bring out the meaning of the text in question. Accordingly, with regard to the Midrashim, people are divided into two classes: A class that imagines that [the Sages] have said these things in order to explain the meaning of the text in question, and a class that holds [the Midrashim] in slight esteem and holds them up to ridicule, since it is clear and manifest that this is not the meaning of the [biblical] text in question. The first class strives and fights with a view to proving, as they deem, the correctness of the Midrashim and to defending them, | and think that this is the true meaning of the [biblical] text and that the Midrashim have the same status as the traditional legal decisions. But neither of the two groups understands that [the Midrashim] have the character of poetical conceits whose meaning is not obscure for someone endowed with understanding. At that time this method was generally known and used by everybody, just as the poets use poetical expressions. Thus [the Sages], may their memory be blessed, say: Bar Qappara teaches: [In the verse — ] And thou shalt have a paddle [ yathed ] upon azenekha [thy weapon ] 13 — do not read azenekha, but aznekha [thy ear\ This teaches us that whenever a man hears a reprehensible thing, he should put his finger into his earl* Would that I knew whether, in the opinion of these ignoramuses, this Tannaite believed this to be the interpretation of this text, that such was the purpose of this commandment, that yathed [ paddle ] means a finger, and that azenekha [thy weapon ] refers to the two ears. I do not think that anyone of sound intellect will be of this opinion. But this is a most witty poetical con¬ ceit by means of which he instills a noble moral quality, which is in accord¬ ance with the fact that just as it is forbidden to tell them, so is it forbidden to listen to obscene things; and he props it up through a reference to a [biblical] text, as is done in poetical compositions. Similarly all the passages in the Midrashim enjoining, Do not read thus, but thus, have this meaning. I have deviated from the subject, but this is a useful observation that may be needed by everyone endowed with intellect among those who profess the Law and are Rabbanites.15 I will return to the order of our discourse. What seems to me regarding the four species that constitute a lulab 16 is that they are indica¬ tive of the joy and gladness [felt by the Children of Israel] when they left the desert — which was no place of seed, or of figs, or of vines, or of pome¬ granates-, neither was there any water to drink*7 — for places in which there 13. Deut. 23:14. 14. B.T., Kethuboth, 15a.
15. This term is probably used in contradistinction to the term Qaraites.
J74 The Guide of the Perplexed III • 44 [ 976 were fruit-bearing trees and rivers. For the purpose of commemoration, the finest fruit of these places was taken and the one that was most fragrant, as well as their finest leaves and finest verdure, I mean the willows of the brook. Three things are found in common in these four species. | The first one is that at that time they were plentiful in the Land of Israel so that every¬ one could procure them. The second one is that they are beautiful to look at and full of freshness; and some of them, namely, the citron and the myrtle, have an excellent fragrance, while the branches of the palm tree and the willow have neither a good nor an offensive smell. The third one is that they keep fresh for seven days, which is not the case with peaches, pome¬ granates, asparagus, pears, and the like.
CHAPTER 44 CHAPTER 44 The commandments comprised in the ninth class are the commandments that we have enumerated in the Book of Love. All of them have mani¬ fest reasons and evident causes. I mean that the end of these actions per¬ taining to divine service is the constant commemoration of God, the love of Him and the fear of Him, the obligatory observance of the commandments in general, and the bringing-about of such belief concerning Him, may He be exalted, as is necessary for everyone professing the Law. Those com¬ mandments are: prayer, the recital of Shemaz,i the blessing of food'1 and what is connected with it, the blessing of the Priests, 5 phylacteries* the inscription on the posts of the houses and on the gates,6 acquiring a book of the Torah and reading in it at certain times.6 All these are actions that bring about useful opinions. This is clear and manifest and does not require another discourse, for that would be nothing but repetition.
1. I.e., the recital of the passage (Deut. 6:4ff.) that begins: Shemac Yisrael (Hear, O Israel). 2. I.e., the recital of grace. Cf. Deut. 8: 10. 3. Cf. Num. 6:23—26.
6. According to rabbinic tradition, this last commandment may be deduced from Deut. 31: 19. Cf. Maimonides’ Mishneh Torah, Sepher Torah, VII 1.
CHAPTER 45 The commandments comprised in the tenth class are those that | we have enumerated in Laws concerning the Chosen Temple, Laws concerning the Utensils of the Sanctuary and Those Who Work in It, and Laws concerning Entry into the Sanctuary. We have already made known in a general way the utility of this class of commandments.
It is known that idolaters sought to build their temples and to set up their idols in the highest places they could find there: Upon the high moun¬ tains. 1 Therefore Abraham our Father singled out Mount Moriah, because of its being the highest mountain there, proclaimed upon it the unity [of God], and determined and defined the direction toward which one would turn in prayer, fixing it exactly in the West. For the Holy of Holies is in the West. This is the meaning of the dictum of [the Sages]: The Indwelling is in the West.2 They, may their memory be blessed, have made clear in the Gemara of the Tractate Yoma 3 that Abraham our Father fixed the direction toward which one should turn in prayer, I mean the Temple of the Holy of Holies. In my opinion, the reason for this is as follows: Inasmuch as at that time the opinion generally accepted in the world was to the effect that the sun should be worshipped and that it is the deity, there is no doubt that all men turned when praying toward the East. Therefore Abraham our Father turned, when praying on Mount Moriah — l mean in the Sanctuary — toward the West, so as to turn his back upon the sun. Do you not see what [the Children of] Israel did when they apostasized, became infidels, and returned to those ancient pernicious views? Their backs were toward the temple of the Lord, and their faces toward the East; and they worshipped the sun toward the East} Understand this strange thing. In my opinion there is also no doubt that the place singled out by Abraham in virtue of prophetic inspiration was known to Moses our Master and to many others. For Abraham had recommended to them that that place should be a house of worship, just as the translator5 sets forth when he says:6 Abraham wor¬ shipped and prayed in that place and said before the Lord: Here will worship the generations, and so on. The fact that this place is not stated explicitly i. Deut. 12: a. 2. B.T., Baba Bathra, 25a.
3, No explicit passage to this effect has been found in this tractate of the Babylonian Talmud. Maimonides may be referring to pages 28b and 54b where certain passages may be interpreted in the way suggested in the text.
4. Ezek. 8: 16. 5. I.e., Onqelos. 6. In his Aramaic paraphrase of Gen. 22: 14.
j j6 The Guide of the Perplexed III • 45 [ 986 when mentioned in the Torah | and not designated, but only hinted at by means of the words, Which the Lord shall choose, and so on,1 is due in my opinion to three wise considerations. The first is, lest nations8 should hold fast to the place and fight for it with great violence, knowing as they do that this place is the final purpose of the Law on earth. The second is, lest those who then owned the place ravage and devastate it to the limit of their power. The third, and it is the strongest, lest every tribe should demand that this place be within its allotted portion and should seek to conquer it, which would lead to conflict and sedition, such as happened with regard to the priesthood. Therefore the command was given that the Chosen Temple should only be built after the elevation of a King, so that only one would be qualified to give commands and quarrels would cease, as we have explained in the Book of Judges.9