הלכה על מכות 46:18

You should know that it is not [truly] appropriate to bring up this topic to explain it. For since the words of the Talmud (Makkot 23b) are, "There were 613 commandments stated to Moshe at Sinai," how can we say about something rabbinic, that it is included in the count. However we have been prompted to it because many erred and counted the Chanukah light and the reading of the Megillah (Scroll of Esther) among the positive commandments. And likewise the hundred blessings each day; comforting the mourners; visiting the sick; burying the dead, clothing the naked; calculating the seasons; and the eighteen days in which we complete [the recitation of] Hallel. You can only stare at someone who hears [the Talmud's] statement, "stated to Moshe at Sinai," and yet counts the recitation of Hallel in which David, peace be upon him, praised God, may He be blessed - that Moshe was commanded about it; or the Chanukah light which the Sages established during the Second Temple; or the reading of the Megillah. I cannot see anyone imagine - or it even coming to his mind - that it was nevertheless stated to Moshe at Sinai that he should command us that when, at the end of our monarchy, such and such happens to us with the Greeks, we will be obligated regarding the Chanukah light. And it appears to me that what led them to this is that we make the blessing [on these commandments], "who has sanctified us with His commandments and commanded us"; and the Talmud's question (Shabbat 23a) - "And where we commanded?" And they said, "From 'you shall not veer'" (Deuteronomy 17:11). But if they counted them from this, they should count everything rabbinic: For everything that the Sages commanded us to do and everything they prohibited to us [would then have] already commanded by Moshe, peace be upon him, at Sinai when he commanded us to do so. And that is his saying (Deuteronomy 17:11), "According to the law that they instruct you, etc." And he prohibited us from violating anything that [the rabbis] ordained or decreed, by saying, "you shall not veer." But if one counts everything rabbinic within the 613 commandments because it all fits into His, may He be blessed, saying "you shall not veer" - why would he count these in particular and not count others besides them? And just like they counted the Chanukah light and the reading of the Megillah, they should also have counted the washing of the hands and the commandment of eruv. For [we also] recite the blessing, "who has sanctified us with His commandments and commanded us," [on these] - just like we recite the blessings on the reading of the Megillah and the Chanukah light. Yet it is all rabbinic! And in explantion, [the Sages] said (Chullin 106a), "[Washing hands] is a commandment." And they said, "What is the commandment? Abbaye said, 'It is a commandment to listen to the words of the sages.'" This is like what they said about the reading of the Megillah and the Chanukah light, "And where were we commanded? From 'you shall not veer.'" And it is already clear that anything that the Sages and the prophets that arose after our teacher, Moshe ordained is also rabbinic. And in explanation, they said (Eruvin 21b), "At the time that Shlomo ordained [the ordinances of] eruv and of washing hands, a heavenly voice emerged and said (Proverbs 27:11), 'My son, be wise and make My heart glad.'" And they explained in other places that eruv is called rabbinic and washing hands is from the words of the Scribes. Behold that it is clear that everything that they decreed after Moshe is rabbinic. Indeed I am explaining all of this to you so that you not think that since the reading of the Megillah is an ordinance of the prophets, it is considered to be from the Torah. As eruv is rabbinic even though it was ordained by Shlomo and his court. And this was missed by someone besides us - so that they counted clothing the naked, because it is found in Isaiah 58:7, "when you see the naked, you should clothe him." And he did not know that it is included in His, may He be blessed, saying (Deuteronomy 15:8), "enough for his lack that he is lacking." For the content of this command is without a doubt that we feed the hungry, cover the naked, give bedding to one without bedding, give clothing to one without clothing, marry off a single man who does not have the wherewithal to get married and to give a horse to ride upon to one who is habituated to it [but can no longer afford it], as is made famous in the Talmud (Ketubot 67b). For this is all included in His saying, "he is lacking." And the words of the Talmud for them were attached 'to a stammering jargon and an alien tongue.' For otherwise, they would not have counted the reading of the Megillah and that which is similar to it with the commandments that were stated to Moshe on Mount Sinai. And it is stated in the Gemara in Shevuot (Shevuot 39a:10), "And I have only the commandments that were commanded at Mount Sinai. From where do I have commandments that were to be initiated in the future, such as the reading of the Megillah? The verse (Esther 9:27) states, 'they fulfilled and accepted' - they fulfilled what they [already] accepted." And that is that they would believe all of the commandments that the prophets and sages ordained afterwards. But it is a wonder: Why did they count positive rabbinic commandments, as we mentioned, and not also mention negative rabbinic commandments. And just like they counted reading the Megillah, the Chanukah light, the one hundred blessings each day and Hallel among the positive commandments, they should have also counted each and every rabbinic secondary sexual prohibition as a negative Torah commandment! It is as [the Sages] explained it and said (Yevamot 20a), "The secondary sexual prohibitions are from the words of the Scribes." And it has already been explained in the Talmud about the statement of the Mishnah, "the prohibition of a commandment" - referring to secondary sexual prohibitions - saying, "What is the commandment? To listen to the words of the sages." And it should have been lookwise appropriate for them to include the sister of the levirate wife, which is from the words of the Scribes. More generally, if we were to count every positive rabbinic law and every negative rabbinic law, it would add up to many thousands. And that is something clear. But the principle is that anything rabbinic is not counted in the category of the 613 commandments. For this category is completely [comprised of] that which is written in the Torah, such that there is nothing rabbinic in it - as we are explaining. However their counting some things that are rabbinic and leaving out others - according to their choice - is an unacceptable notion, no matter what they say! Behold we have explained this principle and its demonstrations such that there should be no doubt about it at all to anyone.

You should know that that which they said (Makkot 23b), "613 commandments were stated to Moshe at Sinai," indicates that this is the number of the commandments that are practiced for [all] generations. For commandments that are not practiced for [all] generations do not have a connection to Sinai - whether they were stated at Sinai or elsewhere. However their intention in saying, "at Sinai," was that the main giving of the Torah was at Sinai. And that was His, may He be elevated, saying, "Come up to Me on the mountain and be there, and I will give [it] to you" (Exodus 24:12). And in explanation, they said, "What is the verse [that alludes to this]? 'Moshe commanded us the Torah, an inheritance of the congregation of Yaakov' (Deuteronomy 33:4)" - meaning to say - "the numerical value of [the word,] Torah is 611. In addition, 'I am the Lord your God' and 'You shall have no other gods' (Exodus 20:2, 3), that we heard from the mouth of the Almighty." And with them, the total of the commandments is 613. They wanted to say with this indication that the thing that Moshe commanded us - and that we did not hear from anyone but him - was the number of 611 commandments. And he called it, "an inheritance of the congregation of Yaakov." And a commandment that is not practiced for [all] the generations is not an inheritance for us. For it is indeed only that which will be continuous for the generations - as it is stated (Deuteronomy 11:21), "like the days of the heavens upon the earth" - that will be called an inheritance for us. And likewise, their statement (Tanchuma, Ki Tetzeh), that it is as if each and every limb commands a person to do a commandment; and it is as if each and every day is warning a person from sin. This is a proof that the number will never be lacking. But if commandments that are not practiced for [all] generations were included in the count of the commandments, behold that the number would be lacking once the obligation of such a commandment ceased. And then this statement would only be correct for a limited time. However someone besides us already erred in this principle as well and counted - because he was forced by a need - "But let them not go inside and witness the dismantling of the sanctuary" (Numbers 4:20); and "he shall serve no more" (Numbers 8:25), concerning the Levites. Yet these were also only practiced in the wilderness. And even though they said (Sanhedrin 81b:18), "From where is there a hint about one who steals a jar for the Temple service (that he is killed)? 'But let them not go inside and witness the dismantling of the sanctuary'" - there is enough [clarification here] in their saying, "a hint." But the simple understanding of the verse is not like this; and it is not even included in those liable for the death penalty at the hands of the Heavens - as is explained in the Tosefta (Tosefta Keritot 1) and in Sanhedrin (Sanhedrin 83a). And I am wondering about this, why they mentioned these negative commandments. Why did they not [also] count about the manna, "Let no one leave any of it over until morning" (Exodus 16:19); or that which He, may He blessed said, "Do not harass the Moabites or provoke them to war" (Deuteronomy 2:9), and likewise the prohibition that came about the the Children of Ammon, "do not harass them or start a fight with them" (Deuteronomy 2:19). And likewise should he count among the positive commandments, "Make a seraph figure and mount it on a standard" (Numbers 21:8); and its saying, "Take a jar and put one omer of manna in it" (Exodus 16:33) - like he counted the tithe of the [booty] (Numbers 31) and the dedication of the altar (Numbers 7). And he should have also counted, "Be ready for the third day" (Exodus 19:15); "neither shall the flocks and the herds graze" (Exodus 34:3); "they shall not destroy, to come up" (Exodus 19:24); and many like these. And no intelligent person will doubt that all of these commandments were given to Moshe at Sinai as commands and [prohibitions; however they were all temporary and not practiced for [all] generations. And therefore they were not counted. And because of this principle, it is inappropriate to count the blessings and the curses that they were commanded at Gerizim and Eval; nor to count the building of the altar that we were commanded to build when we entered the Land of Canaan - for all of these were temporary commandments. And likewise, not the command that we were commanded to sacrifice any animal, from which we want to eat, as peace-offerings - as this was only a temporary command. And that was its saying, "and you shall bring them to the Lord" (Leviticus 7:8)." And they said in Sifrei, Achrei Mot, "'And you shall bring them' is a positive commandment" - but it was only so in the wilderness. For the dispensation to eat meat for pleasure is explained in [Deuteronomy]; and that is its saying, "you may eat meat whenever you wish" (Deuteronomy 12:20). And had it been appropriate to count everything of this type - meaning all that Moshe was commanded from the day he was appointed to be a prophet until the day he died - there would be more than three hundred commandments, besides the commandments that are practiced for [all] generations. This is when we count all the commands that came in Egypt, everything about the preparations [for the tabernacle service], and the other ones besides them - some are positive commandments and some are negative commandments, but they are all written in the Torah. And since he did not count all of them, he is perforce also obligated not to count any of them; and not like this other man, who took [only] some of these things to help him, when he toiled to find the [right] tally. And this is the critique we wanted to make about him regarding this principle.