A New Perspective for Understanding the Rambam’s Ordering of Halachos

One of the characteristics of the Rebbe’s method of study of Rambam specifically is the weighty consideration that he gives to the order in which the Rambam chose to arrange the halachos. Not only do many fascinating explanations concern the order of the major and minor /sub-/halachos in the Rambam; rather, many well-known difficulties are resolved by the order which the Rebbe reveals to the student. One who studies the Rebbe’s Rambam acquires a fresh perspective on the implication of the order in which the Rambam arranged his halachos. In addition, he acquires expertise in the order of the major halachos by understanding the Rambam’s guiding principle. This is illustrated in the final two halachos of Hilchos Beis Habechirah: “Two group of kohanim would set out before dawn and would conduct an examination, traversing the entire Temple courtyard… they held two fiery torches in their hand… etc. The following halacha continues: “This procedure was conducted each and every night, except for Shabbos eves, when they would not hold a flame in hand, but rather would examine by means of lamps that were kindled there from before Shabbos.” The Kesef Mishneh poses a difficulty in that rabbinical Shabbos prohibitions, referred to as a shevus, do not apply in the Temple, and moving the lamps is only a shevus – so whey would they not move the lamps on shabbos eves as well? He answers that “It is different here, for there is an alternative option.” The Mishneh Lemelech poses a difficulty with the Kesef Mishneh’s answer, bringing proof from two halachos in the Rambam which seem to prove that his opinion is that ever when there is an alternative option, they permitted a shevus as a first option. But because the Rambam arranged them in Hilchos Beis Habechirah, and in the chapter that deals with Guarding the Temple rather than in the Laws of Tamid and Mussaf offerings, the Rebbe deduces that this action is not defined under the category of the Temple Service, but rather an act of guarding the Temple whose essence is honoring the Temple, as the Rambam writes at the beginning of the chapter: “Guarding the Temple is a positive mitzvah. Even though there is no fear of enemies or of thieves, guarding it is simply honor for it, for there is no comparison between a palace with guards standing over it, and a palace that has no guards. Is is for this reason that they did not permit violating a shevus as an initial option. This also reconciles the difficulty posed by the Mishneh Lemelech – for when the Kesef Mishneh writes that “Here it is different, for there is an alternative possibility,” it is only in the case of a shevus for the sake of the honor of the Temple that if there is an alternative option – they did not permit it, for it does not involve the Temple service itself. In the order of the major halachos too, the Rebbe offers a reason, explaining in four volumes why the halachos were arranged in this particular order. In Sefer Zera’im, the order follows the laws progressively necessary for a person involved in agriculture. That begins with the laws of Kilayim, as the they deal with the initial stages of agricultural labor – plowing and planting. These are followed by Matnos Aniyim, which are the gifts that are given when the crop is still in the field. The next laws are of terumah and ma’aser, which become applicable after the crop has been brought to the granary, and then bikkurim, which comes into effect after the agricultural year has passed, then neta reva’I, which comes into effect after four years have passed, hilchos shemitah, which is in effect once in seven years, and finally Yovelos, which come into effect after the passage of fifty years. This solves the difficulty as to why the Rambam arranged the laws of Kilayim before Matnos Aniyim, despite he himself having explained in the Perush Hamishnayos that in the Mishnah, the laws of Matnos Aniyim precede those of Kilayim, as that is the Scriptural order, as Matnos Aniyim are mentioned before Kilayim. . The order of the major laws is also explained by the Rebbe in Sefer Ahavah and in Sefer Kedushah, and during the course of doing so he puts to rest several difficulties raised against the Rambam, as well as on the order that he uses.
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