Rambam - 1 Chapter a Day

Berachot 57a states that even the “sinners of Israel are filled with mitzvot as a pomegranate is with seeds.”

For, “there is not one righteous man who will do [only] good and never sin” (Ecclesiastes 7:20).

As explained in Halachah 2, the reckoning of merits against sins is not only a quantitative matter. Rather, God, in His infinite wisdom, makes this account considering the nature as well as the number of our deeds.

Rav Saadia Gaon explains that this term is to be interpreted in a relative sense, meaning “more righteous than others”. Similarly, Tanya (Chapter 1) states, regarding the true definition… of the category of “the righteous,” our Sages declared (Berachot 62b): “the righteous are motivated [solely] by their good inclination.”

Berachot (ibid.) describes a wicked person as one motivated by his evil inclination.

The latter term means “someone in the middle.” Berachot (ibid.) describes him as a person motivated by both inclinations and constantly involved in a struggle between them.

Even if many righteous men live in a country, it is judged as a whole and its fortunes determined according to the behavior of all its inhabitants (Jerusalem Talmud, Ta’anit 3:4).

The Ra’avad takes issue with the Rambam’s statements, noting there are many wicked people who live long lives. He agrees that the wicked will be denied the opportunity to live out their full lifespan (citing Yevamot 50a), but argues that it is obvious that the sentence against them is not immediately executed.
A number of different defenses are offered for the Rambam’s statements. The Kessef Mishneh explains that since the reckoning of sins and merits is carried out “according to the wisdom of the Knowing God,” it is possible that individuals who appear wicked have certain merits which outweigh their transgressions.
The Lechem Mishneh explains that the “death” referred to in his halachah is death in the world to come, i.e., a sentence to Gehinom. However, it is difficult to understand his statements in terms of the continuation of the halachah which discusses the fate of a country and the entire world.
The Ramban (Sha’ar HaG’mul) maintains that this judgment applies to life and death in this world and explains that there are certain mitzvot which are propitious for a long life. Thus, if a wicked man fulfills such a mitzvah, he will receive that reward even though, in judgment, he would not merit that verdict.

The verse emphasizes how God, Himself, administers judgment and how Israel’s sins are the direct cause of the retribution she receives.

The righteous individuals living in that country will not perish as implied by Abraham’s complaint to God before the destruction of Sodom (Genesis 18:23): “Will you destroy the righteous with the wicked? (Lechem Mishneh)” Nevertheless, they will also suffer because of their association with a wicked nation and their fortunes will be lost (Merkevat HaMishneh).
Other commentaries explain that the obliteration of a country mentioned in this halachah does not necessarily imply that all its inhabitants will perish. Rather, it is the national identity of the people that will be doomed to oblivion.

By choosing the example of the flood, the Rambam also implies that the righteous will, like Noah, be saved (Lechem Mishneh).

Accordingly, Avot 2:1 teaches “Be as careful in [the performance of a seemingly] minor mitzvah as in [the performance of] a major one, for you do not know the reward given for the mitzvot.”

It must be emphasized that the judgment referred to here refers to the person’s fate in general. It is in this context that one mitzvah may “outweigh many sins.” However, in particular, the sins will also be taken into consideration and God will not “take the bribe” of many mitzvot to forgo the judgment appropriate for any individual sin (Rambam, Commentary to the Mishnah, Avot 4:28; See also Ramban, Seforno on Deuteronomy 10:17).

The narrative cited by the Rambam describes the death of Aviya, whose father, Jeroboam, was the first king of the ten tribes.
Jeroboam had already set up idols in Dan and Bethel. Nevertheless, when his son fell sick, he urged his wife to disguise herself and go to Achiyah of Shilo, the prophet who anointed Jeroboam, to pray for his son’s recovery.
The prophet recognized Jeroboam’s wife and told her that all her descendants would be doomed for her husband’s sins. Aviya would die, but he would be more fortunate than any of his brothers. Of all of Jeroboam’s seed, he alone would merit to be buried and mourned by Israel, “because in him, there was found a good quality.”
Mo’ed Katan 28b explains that even though Aviya had also emulated the wicked ways of his father, he had one redeeming virtue. He had removed the guards his father had set up to prevent the people from going to Jerusalem for the pilgrimage festivals. That merit was sufficient to earn him the privilege of burial.

In general, our Sages stated that a sin extinguishes the light of a mitzvah. However, there are some sins which powerful enough to snuff out many mitzvot.

Kiddushin 40b offers a different interpretation of this verse. See the notes to Halachah 4.

God weighs the nature of the mitzvah or the sin, the nature of the person and his spiritual service, and also the circumstances associated with the deed, in arriving at His judgment.

Chapter 1, Halachah 3, quotes the continuation of this verse: “The wickedness of the evil one will not cause him to stumble on the day he repents his wickedness” to emphasize that, “even a person who acted wickedly throughout his life, but repented in his final moments will not be reminded of any aspect of his wickedness.” Just as sincere regret over one’s sins can wipe away the blemishes they cause, misplaced regret can also blot out a person’s previous merit.

The verse might be interpreted to imply that if a righteous man succumbs to temptation and sins towards the end of his life, his previous merits will be lost. However, Kiddushin 40b rejects that inference, explaining that sins cannot nullify a person’s previous merit entirely.

To determine whether he will merit a portion in the world to come or will suffer in Gehinom (Rosh HaShanah 16b).

From this phrase, a quote from Rosh HaShanah 16a, it may be inferred that God judges every one of His creations on Rosh HaShanah and not only the Jewish people.

The Hagahot Maimoni emphasizes that the judgment on Rosh HaShanah centers on our material concerns. Similarly, in his Commentary to the Mishnah (Rosh HaShanah 1:2), the Rambam writes that a person is judged for “health, sickness, life, and death, and the other needs of man.”

Here, the commentaries also deal with the same question raised by the Ra’avad discussed in the notes to Halachah 1.

Nevertheless, through sincere repentance, a person can reverse the verdict against him.

Rosh HaShanah 16b states:
Three books are opened on Rosh HaShanah: one for the completely wicked, one for the completely righteous, and one for those in between.
The completely righteous are written down and sealed for life immediately.
The completely wicked are written down and sealed for death immediately.
The [verdict] of those in between remains tentative from Rosh HaShanah until Yom Kippur. If they merit, they are written down for life. If they do not merit, they are written down for death.
There are a number of differences between the Rambam’s phraseology and that of the Talmud. Among them:
The Talmud mentions the “completely righteous,” while the Rambam mentions “the righteous.”
The Talmud speaks of the verdict being “written down and sealed,” while the Rambam only mentions its sealing.
The Talmud does not mention the “sealing” of the verdict of “those in between,” while the Rambam does.
As mentioned in the introduction, the Rambam composed the Mishneh Torah as a text of halachah, i.e., a guide to the practical observance of the mitzvot, and only mentioned other concepts when they have halachic ramifications. Nevertheless, he elaborates on the concept of Divine judgment because as evident from the following halachot, the awareness of this judgment will have an effect on our behavior in the High Holiday season.

Rambam writes (Guide 3:48): that there are two perspectives on mitzvot: The first views mitzvot as Divine decrees which totally transcend human understanding. In contrast, the second attitude maintains that though the source of Torah is God’s will which transcends our comprehension, the purpose of Torah is “to refine the world.”

By nature, the shofar has a startling effect on those who hear it, as Amos (3:6) prophecies: “Will the shofar be sounded in the city and the people not tremble.” Similarly, the Pesikta D’Rav Kahanah explains that the shofar’s call is intended to startle its listeners and motivate them to sincere Teshuvah.

A sleeping person is insensitive to the world around him. So, too, we often become so wrapped up in material things that we lose consciousness of the spiritual realities.

Vayikrah Rabbah 29:6 states that the very name shofar (שופר) alludes to the need to improve (שפר) our behavior.

Though the Rambam mentions repentance, he does not mention the confession of sins. On Rosh HaShanah, when God sits in judgment, no mention is made of sin (Magen Avraham, Orach Chayim 684:2). On the contrary, the stress must be on making a strong resolve for the future. Nevertheless, the Sh’loh and other authorities recommend reciting the confessional prayer in between the different sections of the sounding of the shofar.

This phrase does not appear to refer to the previous teachings regarding the sounding of the shofar, but rather, the first three halachot of this chapter which describe the manner in which God judges the world.

In the Hebrew, the word “entire” is repeated, כל השנה כולו to emphasize that this awareness must be constant. Kiddushin 40b, the source for this statement, uses the expression, לעולם, “at all times.”

Thus, each person’s behavior can have an effect on the future of the entire world.

Kiddushin (ibid.) derives this concept from Ecclesiastes 9:18: “One sin may obscure much good,” i.e., through one sin which tips the balance to the side of guilt, all the merit of one’s mitzvot may be lost. The Rambam uses that verse to derive a different concept (see Halachah 2) and hence, does not mention it here.

With regard to bringing destruction, the Rambam does not mention “others.”

This is a very fundamental concept. If a person would realize that his personal future and that of the entire world is affected by his behavior, he would never sin.

This refers to both concepts mentioned above: the description of the process of judgment and the inspiring call of the shofar.

Rosh HaShanah 17a states: “Anyone who shows mercy to the creations merits Divine mercy,” a quality that is necessary in these days of judgment.

As mentioned above, Rosh HaShanah 16b states that “Four things rend the [evil] decree against a person:” They include charity (as above), crying out to God (as in the Selichot prayers mentioned below), changing one’s name, and changing one’s behavior (the performance of good deeds). These activities are intended to abrogate any negative judgments that might have been issued against a person on Rosh HaShanah.

Though the Rambam mentions the unique nature of the Ten Days of Repentance in Chapter 2, he does not elaborate on the customs associated with those days there. Chapter 2 deals primarily with the spiritual aspects of Teshuvah and the renewal of an individual’s bond with God. In contrast, this chapter deals with man’s judgment and the power of Teshuvah to abrogate harsh decrees.

The Shulchan Aruch, Orach Chayim 58:1, mentions that it is customary to begin recitation of these prayers, called Selichot, at the beginning of the month of Elul. The Ramah notes that Ashkenazic custom is to begin Selichot a few days before Rosh HaShanah. In certain communities, Selichot are not recited after Rosh HaShanah.

The Hagahot Maimoni states that the final hours of the night are a fit time to arouse Divine mercy.

Adding the merit of communal prayer in a sacred place.

Rosh HaShanah 17a relates that after God accepted the Teshuvah of the Jews for the sin of the Golden Calf, He wrapped Himself in a tallit and showed Moses the order of prayer, teaching him the Thirteen Attributes of Mercy. He promised: “Whenever Israel sin, they should recite this order of prayers before Me and I will forgive them.” The recitation of these Thirteen Attributes is the central point of the Selichot prayers.

To understand this halachah, it is necessary to quote two Talmudic passages which the Rambam used as sources:
[Michah 7:18 describes God as] One Who “pardons iniquity.” The school of Rabbi Yishmael taught:“[Implied is that] He forgives them one by one….” Ravvah states:
“[Though] the sin [is forgiven, it] is not erased. If [the person] possesses a majority of sins, it is considered among them” (Rosh HaShanah 17a).
Rabbi Yossi bar Yehudah relates: “If a person transgresses a sin once, he is forgiven. [If he transgresses] a second time, he is forgiven. [If he transgresses] a third time, he is not forgiven” (Yoma 86a).
The passage continues describing the differences between an individual and a community as quoted by the Rambam who considers these two passages as complementary.

The first two sins are forgiven, one after the other, as the School of Rabbi Yishmael taught.

As implied by Ravvah’s statement “the sin is not erased….”

Among God’s attributes is the quality רב חסד, “inclined to kindness.” Thus, though the scales of a Beinoni are equally balanced, this tendency tips the person’s judgment towards the positive side (Rosh HaShanah 17a).

He is judged as righteous and no further attention is paid to the sins committed once or twice that were held in abeyance. This allows him to reach a totally clean slate, as the Rambam proceeds to explain.

A new judgment is made.

The Rambam’s version of this passage (Yoma 86a) is based on the text quoted by Rav Yitzchok Alfasi. Most contemporary publications of the Talmud interpret the verse from Job as a correlation, and not a contrast to the verse from Amos. On the basis of these textual differences, the Ra’avad and other commentaries object to the Rambam’s statements.

Halachah 1.

Thus, according to the principle of רב חסד described above, when he is judged after his death, he is immediately granted a place in the world to come without having to expiate his sins in Gehinom.

Zechariah (13:9) prophesies: “I will pass them… through the fire and will refine them as silver is refined.”
Rosh HaShanah 17a explains that the subjects of this verse are “’the sinners of Israel with their bodies’… To whom does that term refer? To a forehead, upon which tefillin was never placed.”
The Talmud proceeds to explain: Though a person’s sins and merits are equally balanced and hence, he would normally be absolved from the punishments of Gehinom as explained, if he is one of “the sinners of Israel with their bodies,” i.e., he neglected the mitzvah of tefillin, he is forced to pass through Gehinom’s fires.
Tefillin is considered such an important mitzvah because it is one of the “signs” (See Deuteronomy 6:8) of the relationship between the Jews and God. In this context, Menachot 35b interprets Deuteronomy 28:10, “All the nations of the world will see that God’s Name is associated with you and they will be in awe of you,” as a reference to the tefillin worn on the head. By wearing tefillin even once, a Jew makes a permanent spiritual impression on his head and arm. Based on this principle, we can appreciate how important the performance of this mitzvah is, even when it is fulfilled once as a single, isolated experience.
It must be noted that the Ramban (Sha’ar HaG’mul) and other commentaries explain that Rosh HaShanah (loc. cit.) does not refer to tefillin alone. Tefillin is only given as an example and the term, “the sinners of Israel with their bodies,” refers to a person who totally neglects the performance of any mitzvah.

And condemned to Gehinom.

And are condemned to Gehinom. Eduyot 2:10 states that the judgment of the wicked in Gehinom takes no longer than one year. Eruvin 17a is even more generous, explaining that Abraham allows the wicked to remain only momentarily in Gehinom. Afterwards, he personally descends and redeems them.

Once their sins are expiated through suffering there.

Sanhedrin 3 10:1, the source for these statements, quotes the continuation of the verse from Isaiah: “They are the branch of My planting, the work of My hands…,” implying that God is the source for each Jew’s soul. Thus, this phrase explains the former: Each Jew will ultimately merit a portion in the world to come because his soul emanates from God. Though he may have performed many unworthy deeds, these are surface blemishes that temporarily obscure his essential Godly nature. True, he must suffer retribution to cleanse himself of them, but eventually, his essence will surface and he will be able to assume his place in the world to come.

The Rambam devotes Chapter 8 to the description of the nature of the world to come.

In Hilchot Melachim 8:10-11, the Rambam defines this term as gentiles who accept the seven universal laws given to Noah and his descendants because they were commanded as part of the Torah.

Sanhedrin 10:1 states that Bilaam will not be granted a portion in the world to come. Thus, it can be inferred that righteous gentiles would be granted that privilege for otherwise there would be no need to exclude him explicitly (Rambam, Commentary to the Mishnah).
In Hilchot Issurei Bi’ah 14:4, the Rambam writes that the world to come will be granted only to “the righteous, i.e., Israel,” seemingly implying that gentiles will not have a portion in this eternal good. Perhaps, the discrepancy between these two statements can be resolved according to the Zohar Chadash (Ruth 78:4) which relates that even though the gentiles will be granted a portion in the world to come, their portion will be separate and distinct from that of the Jews.

Though the previous halachah states, “All Israel have a portion in the world to come,” there are exceptions to that principle. Certain individuals are denied that privilege because of the severe nature of the sins they committed.

In Chapter 8, Halachah 1, the Rambam writes:
The good that is hidden for the righteous is the life of the world to come….
The retribution that the wicked will suffer is that they will not merit this life. Rather, they will be cut off and die….
This is the intent of the meaning of the term כרת in the Torah… to be cut off in this world and in the world to come. (See the notes to that halachah.)
On this basis, the commentaries ask why the Rambam does not include all those who violated a commandment punishable by כרת in the halachah. They explain that for the sins mentioned here, in addition to the punishment of being “cut off from the world to come,” the transgressors “are judged,” and suffer retribution for their sins.
Thus, there are three categories of sinners:
a) Those who commit “minor” sins. They suffer retribution in Gehinom for a maximum of twelve months and then, are granted a portion in the world to come;
b) Those who commit sins punishable by כרת. They are “cut off” and do not merit the life of the world to come.
c) The thirteen categories mentioned here. In addition to being denied a portion in the world to come, they suffer eternal judgment and retribution.

In Gehinom.

The sins committed by these individuals are more severe than those performed by “the wicked of Israel.” Hence, a short period of punishment is not sufficient for them.

The source for the Rambam’s statements is Rosh HaShanah 17a which lists all the individuals mentioned by the Rambam and states: “They will descend to Gehinom and be judged there for all generations…. Gehinom will be destroyed and they will remain.”
The Maharsha explains that the latter statement should be interpreted to mean that even after Gehinom will be destroyed these individuals will remain in eternal shame. However, the text, Esser Ma’amarot develops the principle that the soul of each Jew is an eternal spark of Godliness. In that context, it interprets the passage to mean that, ultimately, Gehinom will be destroyed and then, these souls will emerge, having expiated their sins.

See the following halachah.

See Halachah 8 for an explanation of both of these categories.

God’s punishments are “measure for measure.” An individual who does not believe in the resurrection of the dead lacks belief in the eternality of the soul. Hence, his soul is denied that eternal good.

Because of the fundamental importance of this and the previous concept, the Rambam includes them in his Thirteen Principles of Faith (principles 11 and 12).
In Hilchot Melachim 11:1, the Rambam writes:
In the future, the Messianic king will arise and renew the Davidic dynasty…. Anyone who does not believe in him or does not await his coming, denies not only [the statements] of the other prophets, but [those of] the Torah and Moses, our teacher.
A Jew’s faith is not complete unless he anxiously waits for Mashiach to come. Mashiach’s coming will initiate an age in which we will have the opportunity to fulfill all the mitzvot. Our entire life will revolve around the study of Torah and the knowledge of God. Similarly, in the world to come, the righteous will:
“Sit and delight in the radiance of the Divine Presence,” i.e., they will comprehend the truth of Godliness which they cannot grasp while in a body (Chapter 8, Halachah 2).
A Jew who does not desire and yearn for these goals demonstrates that he has blemished the very essence of his soul. Hence, he requires the retribution of Gehinom to purify himself of those failings.

. In Halachah 9 which explains this category, the Rambam speaks about מומרים, apostates. Certain texts of the Mishneh Torah substitute that term for מורדים in this halachah.

Rosh HaShanah (loc. cit.) adds the phrase “as Jeroboam and the like.” However, in Halachah 10 which describes this category, the Rambam emphasizes that he is not necessarily referring to people who caused others to commit such grievous sins. Even someone who causes his colleagues to neglect the performance of a slight mitzvah is given this punishment.

These categories are described in Halachah 11.

II Chronicles 36:8 mentions “the acts of Yehoyakim and his abominations which he carried out.” Sanhedrin 104b relates that Yehoyakim boasted: “My predecessors (the evil kings, Amon, Achaz, and Menasheh) did not know how to arouse God’s anger. I will show you how to provoke Him.”

See Halachah 12.

See Halachah 13.

This and the following two categories are not mentioned in the passage from Rosh HaShanah cited previously. However, the Rambam has an explicit source for these categories as well. The Jerusalem Talmud, Peah 1:1, states that murderers will not be granted a portion in the world to come.
[That source also states that idol-worshipers and those who are involved in forbidden sexual relations will also receive the same punishment. The Rambam includes idol-worshipers in the category of Minim, but does not mention those who violate sexual prohibitions in this halachah. The commentaries have questioned the reason for this omission.]

“Slander” is not an appropriate translation for the Hebrew, lashon hara. Slander involves the recitation of lies, while lashon harah refers to the spreading of unfavorable gossip even if it is true.
Peah (ibid.) mentions that lashon hara is equivalent to all the three sins: idol worship, murder, and illicit sexual relations. Pirkei D’Rabbi Eliezer (chapter 53) states explicitly that one who speaks lashon hara is not given a portion in the world to come. See also the Rambam’s Commentary to the Mishnah, Avot 1:16, Hilchot De’ot 7:1-6.

Pirkei Avot (3:11) states “A person who breaks the covenant of Abraham (i.e., circumcision)… does not have a portion in the world to come.” See also Hilchot Milah 3:8.

The delineation of these five categories of Minim is not found in any previous text. Though the Rambam has a source for each of his statements, the grouping is his original work (Lechem Mishneh).

The Aruch explains that the Sages derived the term Min as follows: the early Christians referred to themselves as מאמנים — “the faithful.” As a gesture of scorn, the Sages shortened that expression to מנים, literally meaning “sorts,” i.e., all sorts of deviant believers. Later, they expanded the use of the term to apply to others who deny fundamental principles of faith. See also Hilchot Avodat Kochavim 1:5 where the Rambam defines the term, Min, in a slightly different manner.

The Hebrew expression אין שם, literally, “there is not there,” should not be interpreted as applying to a particular place. Rather, the usage of the word שם in this context is a common Arabic literary technique which the Rambam imported into the Hebrew language (Shmuel Ibn Tibbon, Introduction to the Guide for the Perplexed).

The Midrash Tehillim states: “The Minim declare: ‘The world is an independent entity.’” Similarly, Berachot 12b defines the term Min by quoting Psalms 14:1: “The fool says in his heart: ‘There is no God.’”

Shmot Rabbah 29:1 states that the Minim follow many gods. This runs contrary to the fundamental principles of Jewish faith as Hilchot Yesodei HaTorah 1:7 states: “God is one, not two or more…. His oneness is not a combination of other entities,… but rather a unique oneness to which there is… no resemblance in the world.”

The principle that God possesses neither a physical, nor spiritual body or form is discussed by the Rambam in Hilchot Yesodei HaTorah (1:8-9). In those halachot, he emphasizes how all the anthropomorphic references in the Bible and Midrashim are metaphors for spiritual qualities.
Though the Ra’avad accepts the basic principle mentioned by the Rambam, he questions the Rambam’s description of those who do not accept it as Minim: “Many greater and better individuals than he followed the said opinion on the basis of their interpretation of the Bible….” Indeed, these statements were among the reasons for the great opposition to the Rambam’s works among the Rabbis of France and Germany.
[From the other perspective, the Kessef Mishneh questions how the Ra’avad could describe anyone who maintains that God possesses a body or form as “greater and better” than the Rambam. In fact, certain commentaries desired to amend the Ra’avad’s text to soften his remarks.]

Hilchot Yesodei HaTorah begins: “The foundation of all foundations and the pillar of wisdom is to know that there is a Primary Being who brought into being all existence.”
The Ra’avad distinguishes this category from the second by explaining that such a person does not believe in another god. Rather, he believes, to quote Bereishit Rabbah 1:9, “that God is a magnificent artist. He, however, had excellent tools to help Him;” i.e., before creation, God did not exist alone. There were various types of primeval matter that existed with Him.

This is the simple interpretation of the word מזל. According to the Kabbalah, that term refers to the spiritual source of a creation in our physical world.

Avodah Zarah 26b states “Who is a Min? An idolater.”

The fifth of the Rambam’s Thirteen Principles of Faith (Commentary to the Mishnah, Sanhedrin, Chapter 10) states that it is improper to serve any being other than God. See also Hilchot Avodat Kochavim 1:1 which states:
In the era of Enosh, the people made a great error…. Enosh was among those who erred. Their mistake was as follows, they said: “Since God created these stars… to control the world, placing them in the heavens and thus, bestowing honor upon them, it is proper to praise them… and honor them. This is the desire of God — that we should magnify and honor those whom He magnifies and honors….”
They did not say that there is no god except for this star…, but rather, their error was that they imagined that their empty [worship] was His desire.

To be placed in this category, it is sufficient to accept merely one of these mistaken beliefs. It is not necessary to accept them all.

In his Commentary to the Mishnah, Sanhedrin 10:1, the Rambam defines the term Epicurus as: “An Aramaic term, implying the lack of appreciation of authority, the scorning of the Torah or its students.”

Hilchot Yesodei HaTorah (7:1) states: “One of the fundamental principles of faith is that God causes prophecy to rest upon men.”

In addition to the acceptance of the general principle of prophecy, the Jewish faith revolves around the principle of the supremacy of the prophecy of Moses.

The tenth of the Thirteen Principles of Faith begins: “[to believe,] in contrast to the opinion that ‘God has departed from the earth,’ that He knows of the deeds of man and has not abandoned them.” See also Hilchot Yesodei HaTorah 2:10.

The common denominator between these three is that they do not accept the basic principle that God is concerned with man’s behavior and has granted him a means of relating to Him.

Sanhedrin 99a interprets (Numbers 15:31) “He scorned the word of God… his soul shall be cut off” as referring to one who says Torah does not originate from God.

The eighth of the Thirteen Principles of Faith is that:
Torah originated in the heavens… that it came entirely from God. Moses was like a scribe, receiving dictation.
[Thus,] there is no difference between… “Timna was the concubine of Eliphaz” and “I am God, your Lord”…. One can’t say that this is the Torah’s heart and this, its shell. Rather, every word of Torah contains wisdom and wonders.
In other words, an individual who says that a verse in the Torah is “a marvelous truth,” a profoundly relevant ethical principle,” “a spark of Divine insight,” but not an integral part of the revelation at Sinai, is “denying the Torah.”

The Rambam begins his introduction to the Mishneh Torah:
All the mitzvot which were given to Moses at Sinai were given together with their interpretations as implied by [Exodus 24:12] “I will give you the tablets of stone, the Torah, and the mitzvah.”
“The Torah” — refers to the Written Law.
“The mitzvah” — refers to its explanation… the Oral Law.”

The Sages. Hilchot Talmud Torah 6:11 states that a person who denigrates the Sages, “will not receive a portion in the world to come and is included among those who ‘scorned the word of God.’”

Avot D’Rabbi Nattan 5:2 relates that Antigonus of Socho had two talented students, Tzadok and Beitus. When Antigonus taught: “Do not be like students serving a master in order to receive a reward,” they turned away in disgust, commenting “Is it proper for a worker to toil the entire day without receiving any recompense?” They began splinter groups which rejected the core of Jewish practice and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Godly was the Written Law. The Oral Law, they maintained, was merely a human invention. This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would refer to all those who deny the Torah and its tradition as Sadducees (from Tzadok) or Beitusees (from Beitus) (Commentary to the Mishnah, Avot 1:3).

Hilchot Yesodei HaTorah (9:1) states:
The Torah declares clearly and explicitly that the mitzvot will remain forever, without change, detraction, or addition…. “God is not human, that He should waver.”

These bracketed words were included in the original text of the Mishneh Torah, but omitted in most published editions due to censorship.

For, regardless of which argument is advanced, the ultimate result of such an approach is the negation of Torah practice.

The Rambam does not deal with gentile nonbelievers.

Mumar in Hebrew.

In most aspects of Torah law, there are no differences between the two categories. However, certain distinctions do exist. For example, a mumar with regard to the entire Torah is prevented from bringing sacrifices to the Temple. However, if his apostasy is limited to a particular mitzvah, his sacrifices may be accepted (Chullin 5a).

The frequent commission of a sin reveals the lack of respect and scorn with which this person regards the Torah (Chovot HaLevavot, Sha’arei Teshuvah).

I.e., it does not involve the punishment of כרת.

There is no tangible benefit that can be gained from such practices.

Some authorities maintain that a person deserves to be classified as a mumar for the frequent repetition of a sin even though he commits the sin for his own benefit.
However, the Rambam maintains that to be classified as a mumar, one must choose to break a command even though he will suffer no loss in fulfilling it; for example, a person who has two equally tasty cuts of meat before him, one kosher and one traif and he eats the traif one with the sole intent of spiting God (Gittin 47a).

The term used by the Rambam, חוזר, literally means “returns.” That phraseology is problematic since, on the surface, this statement applies to all Jews, even native-born Israelites.

The Ra’avad objects to the Rambam’s statements, explaining that a person who worships false gods (the gentiles’ faith) is a Min, a more severe category than an apostate. The Kessef Mishneh explains that here, the Rambam may be referring to a person who adopts a gentile faith in order to avoid persecution as part of the Jewish people, however, in his heart, he believes in God.

Who caused the people to worship idols and prevented them from making pilgrimages to the Temple.

See the notes to Halachah 8.

Similarly, in Chapter 4, Halachah 1, when the Rambam lists the individuals who are prevented from repenting, he includes in the category of “those who caused the many to sin,” a person who prevented others from performing a positive command.

As implied by the II Kings 21:16: “Menasheh shed much innocent blood until he filled Jerusalem [with blood] from one end to the other, in addition to his sin of making Judah sin….”

Through persuasion. Though they do not physically compel the others to sin, they are still considered responsible for causing these transgressions.

In contrast to the sins mentioned previously, the affront committed by this individual is against Israel and not against God. Hilchot Eivel 1:10 equates these individuals with Epicursim and apostates, calling them “the enemies of God” and explaining that no mourning rites are held after their passing.

Ta’anit 11a states: One who separates himself from the community will not merit to see the comfort of the community…. When the community is in difficult straits, a person should not say, “I will go home, eat, drink, and carry out my affairs with peace of mind….” Rather, he should suffer together with the community.

See the notes to Halachah 6.

The harshness of their sentence does not result from the severity of the particular sin they committed, but rather the attitude of public defiance with which it was carried out. Accordingly, Pirkei Avot 3:11 states that they are given this punishment even when they have many good deeds.

This may be inferred from Numbers 15:30: “When a person commits a sin highhandedly,… he is blaspheming God and that soul will be cut off from his people” (Rambam, Commentary to the Mishnah, Avot, loc. cit.).

Pirkei Avot (loc. cit.) mentions a list of “those do not have a portion in the world to come” including, according to most texts, המגלה פנים בתורה שלא כהלכה — “one who interprets the Torah in a manner contradictory to its true intent.”
The Rambam’s text of Avot omits the words שלא כהלכה and, in his commentary, he interprets המגלה פנים בתורה as the public violation of Torah law, referring to such behavior as “the ultimate denial [of the Torah].”

Rabbenu Yonah (Avot, loc. cit.) includes people who insult and defy the authority of Torah Sages in this category.

Mosar, מוסר, in Hebrew.

Bava Metzia 83b states that even when a person is guilty, we should not hand him over to the gentile authorities. Accordingly, when Rabbi Elazar ben Rabbi Shimon apprehended thieves, Rabbi Yehoshua ben Korcha rebuked him: “How can you hand over the nation of our God to be killed.”
“I’m only pruning the brambles [the wicked] from the vineyard [Israel],” Rabbi Elazar protested.
“Let the owner of the vineyard [God] prune His own vineyard,” Rabbi Yehoshua replied.
Similarly, Gittin 7a relates that Mar Ukvah asked Rav Elazar: “What should I do? There are people who are bothering me and I am able to have them arrested by the king. Can I inform upon them?”
Rav Elazar answered: Psalms 39:1 teaches ‘I will keep a curb on my mouth while the wicked man is before me.’” See also Hilchot Choveil UMazik 8:9.

In these matters, Hilchot Choveil UMazik 8:2 does not differentiate between a gentile and a Jew.
It must be noted that, at present, when the Rabbinic courts do not have the authority to enforce punitive measures, leniencies may be granted with regard to employing the authority of secular law enforcement authorities in both monetary and criminal matters. Nevertheless, before one approaches such authorities, it is proper to consult with a Rabbinical court. See Shulchan Aruch, Choshen Mishpat 388:12.

Furthermore, such a person may be killed in order to prevent him from betraying a Jew’s life or money to gentiles (Hilchot Choveil UMazik 8:10). Bava Kama 117a relates that Rav Kahanah killed a man because he said he would give over another Jew’s money to gentiles.

Rosh HaShanah 17a describes these rulers as “those who cast excessive fear.” The Maharsha explains that it is necessary for a ruler to be revered and feared by his subjects. Nevertheless, there is no need for “excessive fear.”

Were the ruler’s intent to be for the sake of heaven, his deeds would be excusable. Indeed, we find many of the righteous kings and sages who were granted authority used the power with which they were vested in order to influence the people to Torah practice.

The 24 categories are:
5 Minim.
3 Epicursim.
3 Who deny the Torah.
Those who deny the resurrection of the dead.
Those who deny the coming of the Messiah.
2 apostates.
Those who cause the many to sin.
Those who separate themselves from the community.
Those who proudly commit sins in public.
2 who betray Jews to gentile authorities.
Those who cast fear upon the people.
Murderers.
Slanderers.
One who extends his foreskin.
Rabbenu Chananel in his commentary to Ta’anit 5a notes the significance of the number 24, explaining that both the prophets, Jeremiah and Ezekiel, rebuked the Jews for 24 categories of sins.

Since each Jew possesses an eternal Godly essence, it follows that he will merit a portion in the world to come. However, the terrible sins committed by these individuals sever their connection with this Divine potential.

Rav Avraham, the Rambam’s son, quotes his father as explaining that the reason these individuals will not receive a portion in the world to come is not because of the severity of the sins they committed, but rather, because this course of behavior will prevent a person from acquiring the merits necessary to acquire a portion in the world to come (Ma’aseh Rokeach).

Rabbenu Yonah explains that a special admonishment is made concerning these sins because we generally do not consider them as severe transgressions.

The bracketed addition was made on the basis of Hilchot De’ot 6:8 which states: “A person should take care not to embarrass another person in public… or call him by a name which embarrasses him.”

Bava Metzia 58b mentions that such a person, “descends to Gehinom and will never ascend.”

Rashi, Bava Metzia 58b, explains that this applies even if the use of the nickname has become so widespread the person is no longer embarrassed when called by it. Rav Ada bar Ahavah told his students that he merited long life because he never referred to another person with a nickname (Ta’anit 20b).

Bava Metzia 58b compares embarrassing another person to murder. In both cases, the person’s complexion changes from healthy red to pale white.

See the Jerusalem Talmud, Chagigah 2:1, Hilchot De’ot 6:3.

Sanhedrin 99b equates these individuals with Epicursim and those who proudly commit sins in public.

In Hilchot Sh’vitat Yom Tov 6:15, the Rambam uses this expression to describe a person who eats a large meal before a festival commences and thus, does not enjoy the festive meals.

By intentionally causing a sacrifice to be disqualified (פיגול) or by making personal use of sacred objects (מעילה).

Though Chapter 1, Halachah 4 states that death atones for one’s sins, that only applies when it is preceded by Teshuvah (Rambam, Commentary to the Mishnah, Avot 3:13).

Among these 24 individuals are some who committed sins which “hold back Teshuvah.” Nevertheless, as will be explained, even such a person can repent for his sins if he sincerely desires.

As mentioned in Chapter 2, Halachah 1, a person may wipe away all his previous sins by repenting at the time of his death. However, he must persevere in his repentance and not change his mind before he dies.

The essence of every Jew, no matter how low he has sunk, is a spark of God. Teshuvah means “return,” reestablishing connection with that infinite Godly essence. Once that connection is established, nothing can prevent this infinite Godliness from being expressed.

The Hebrew, כפר בעקר, literally means, “denies the fundamental principle.”

See Chapter 2, Halachah 1.

Sanhedrin 99a interprets the verse as addressed to “the distant (transgressor) who comes close (repents).”

I.e. accept his Teshuvah and grant him atonement.

The Kessef Mishneh notes that in Hilchot Avodat Kochavim 2:5, the Rambam writes that the repentance of idolaters and Minim should never be accepted.
This apparent contradiction was brought to the Rambam’s attention during his lifetime. In one of his Responsa (101), he resolved the issue by explaining that his statements in Hilchot Avodat Kochavim refer to the attitude of the Jewish people. They should never regard such an individual as a Baal-Teshuvah for it is possible he is merely feigning repentance in order to gain public acceptance.
In contrast, this halachah is referring to acceptance by God, who sees the true feelings of every individual. If a person’s repentance is sincere, regardless of the severity of his previous sins, God will accept him.
Even with regard to acceptance by men, the Rambam urged tolerance and consideration. At the conclusion of his epistle, Kiddush HaShem, he writes:
It is not proper to drive away those who profane the Sabbath…. Rather, we must draw them close and urge them to perform mitzvot. Our Sages of blessed memory explained that even if a person voluntarily sinned, when he comes to a synagogue to pray, we should accept him and not deal scornfully with him.
They based their statements on the words of Solomon (Proverbs 6:30): “Do not scorn the thief when he comes to steal;” interpreting it as “Do not scorn the sinners of Israel when they secretly come to steal mitzvot.”

Though particular mention of all one’s sins should not be made in public, a general confession is requiredץ

By God as can be inferred from the continuation of the verse “I will heal their backsliding.” The Or Sameach explains that God’s healing His “faithless children” implies that He will bring them to the level of complete Teshuvah.