The Life and Thought of Maimonides

The 290th prohibition is that we are forbidden from punishing someone based on our estimation [without actual testimony], even if his guilt is virtually certain. An example of this is a person who was chasing after his enemy to kill him. The pursued escaped into a house and the pursuer entered the house after him. We enter the house after them and find the victim lying murdered, with the pursuer standing over him holding a knife, with both covered with blood.

The Sanhedrin may not inflict the death penalty on this pursuer since there were no witnesses who actually saw the murder.

The Torah of Truth (Toras Emess) comes to prohibit his execution with G‑d's statement (exalted be He), "Do not kill a person who has not been proven guilty."

Our Sages said in Mechilta: "If they saw him chasing after another to kill him and they warned him, saying, 'He is a Jew, a son of the Covenant! If you kill him you will be executed!' If the two went out of sight and they found one murdered, with the sword in the murderer's hand dripping blood, one might think that he can be executed. The Torah therefore says, 'Do not kill a person who has not been proven guilty.' "

Do not question this law and think that it is unjust, for there are some possibilities that are extremely probable, others that are extremely unlikely, and others in between. The category of "possible" is very broad, and if the Torah allowed the High Court to punish when the offense was very probable and almost definite (similar to the above example), then they would carry out punishment in cases which were less and less probable, until people would be constantly executed based on flimsy estimation and the judges' imagination. G‑d (exalted be He), therefore "closed the door" to this possibility and forbid any punishment unless there are witnesses who are certain beyond a doubt that the event transpired and that there is no other possible explanation.

If we do not inflict punishment even when the offense is most probable, the worst that could happen is that someone who is really guilty will be found innocent. But if punishment was given based on estimation and circumstantial evidence, it is possible that someday an innocent person would be executed. And it is preferable and more proper that even a thousand guilty people be set free than to someday execute even one innocent person.

Similarly, if two witnesses testified that the person committed two capital offenses, but each one saw only one act and not the other, he cannot be executed. For example: One witness testified that he saw a person doing a melachah on Shabbos and warned him not to. Another witness testified that he saw the person worshipping idols and warned him not to. This person cannot be executed by stoning.

Our Sages said, "If one witness testified that he worshipped the sun and the other testified that he worshipped the moon, one might think that they can joined together. The Torah therefore said, 'Do not kill a person who has not been proven guilty.'"

But cursing the deaf - since he/she can’t hear or feel hurt because of the curse - behold, there is no sin in the matter. Therefore, the Torah teaches us that cursing the deaf is forbidden, and it warns about it, since the Torah is concerned not only with the one who is cursed, but also with the one who curses, who is warned not to be vindictive and hot-tempered.

(4) The straight path is the mean disposition found in each and every tendency of all the human tendencies. Such tendency is removed from both extremes an equal distance, and is not nearer to one than to the other. Therefore have the wise men of yore commanded that man should ever review his tendencies, estimate them, and direct them toward the middle-path so that he will be sound in body. How may one do it? He should not be an excitable person, easily angered; nor like the dead without feelings, but adopt a middle-course, not to become indignant, save only at something big which is worthy enough to be angry at, so that the like should not be done another time. ...He should not be too close-fisted, nor yet squander his money, but give Z'dakah within the means of his hand, and lend accordingly to the needy. He should not be too optomistic and playful, nor too pessimistic and mournful, but spend all of his days in good cheer and with a pleasant countenance. So should he measure all the rest of his tendencies. And this path is the path of the wise men. Every man whose tendencies are mean tendencies of the middle-course, is called wise.

(1) To the physically sick the bitter tastes sweet, and the sweet bitter. Of among the sick there may be one who craves and desires food which is unfit for consumption, for instance, dirt and coal, and despises good food such as bread and meat, according to the seriousness of the disease. Even so are people whose souls are sick; they desire and love the evil tendencies, and hate the good way, and are lazy to follow it, for it becomes a very heavy load upon them, in proportion to their ailment......And what is the corrective measure for the soul-sick? Let them go to the wise who are doctors of the souls and they will heal their disease with tendencies wherein they will instruct them until they will bring them back to the right way. And they that are conscious of their evil tendencies and do not go to the wise to be cured by them, concerning them Solomon said: "Wisdom and instruction fools alone despise" (Prov. 1.7).

(6) It is forbidden for man to demean himself by the use of the language of flattery and allurement; and he shall not be one thing with his mouth and another with his heart; but his inner and outer being must be the same, for the subject of the heart is the matter of the mouth. And, it is forbidden to steal the mind of people, even the mind of the alien. For example? One shall not sell to an alien meat of a beast that died of itself or that was improperly slaughtered (Nebelah) and represent that it was meat of an animal that was slaughtered properly; or shoes of the hide of a beast that died of itself and represent that it was of a slaughtered beast; one shall not urge his friend to dine with him, when he knows that he would not eat; nor over-burden him with offerings when he knows that he would not accept; nor open a barrel, which he must open for his trade, to talk in his friend that he opened it in his honor, and so other like deceptions. Even one word of allurement and stealing of mind is forbidden. But man must be of true lip, steadfast spirit, and pure heart, free from all travail and clamor.⁵ Hullin, 94a. C.

He who takes vengeance of his fellow violates the prohibitive commandment of, "Thou shalt not take vengeance" (Lev. 19.18.); and, even though he is not flogged for the violation, it is an extremely evil tendency. Forsooth, it becomes man to be indulgent in his ethical conduct in all temporal matters, for, to those who can reason all worldly matters are vanity and absurdity, unworthy to call forth vengeance on their account. How is the sin of taking vengeance established? Said his friend to him: "Lend me your ax". Answered he: "No, I will not lend it to you." On the morrow, he needs to borrow an ax himself. Says he to his friend: "Lend me your ax." Answered his friend: "No, I will not lend it to you, even as you refused to lend it to me when I asked for it." Behold, this one takes vengeance. For when one comes to lend aught of the other, he should give it to him whole-heartedly, and not to deal with him as he was dealt with by him. And so in all like matters. Even so David expressed it in his good ethical ideas: "If I have requited him that did evil unto me, or spoiled mine adversary unto emptiness etc." (Ps. 7.5).⁹Yoma, 23a; Rosh ha-Shanah, 17b; Sifra, Lev. 4. C. G.

(1) Every man was endowed with a free will; if he desires to bend himself toward the good path and to be just it is within the power of his hand to reach out for it, and if he desires to bend himself to a bad path and to be wicked it is within the power of his hand to reach out for it. This is known from what it is written in the Torah, saying: "Behold, the man is become as one of us, to know good and evil" (Gen. 3.22), that is as if saying: "Behold, this species, man, stands alone in the world, and there is no other kind like him, as regards this subject of being able of his own accord, by his reason and thought, to know the good and the evil, and to do whatever his inclination dictates him with none to stay his hand from either doing good or evil; and, being that he is so, 'Lest he put forth his hand, and take also from the tree of life, and eat, and live forever'

(2) Permit not your thought to dwell upon that which ridiculous fools of other peoples and a majority of asinine individuals among the children of Israel say, that the Holy One, blessed is He! decrees at the very embryonic state of every man whether he should be just or wicked. The matter is not so. Every man is capable of being as just as Moses our Master or as wicked as Jeroboam, wise or incony, merciful or human, miser or philanthropist, and so in all other tendencies. There is none to either force things upon him or to decree things against him; either to pull him one way or draw him another way, but he alone, of his own free will, with the consent of his mind, bends to any path he may desire to follow. It is concerning this that Jeremiah said: "Out of the mouth of the Most High proceedeth not the evil and the good" (Lam. 3. 38) which is as if saying, the Creator decrees not that man should be either good or bad. Now, this being so, the consequence thereof is that the sinner alone brought harm upon himself. It is, therefore, meet that he should lament and shed tears because he sinned, and because of what he did to his soul and rewarded it with evil. Even this is the meaning of the succeeding Verse: "Wherefore doth a living man complain, or a strong man? Because of his sins" (Ibid.) Again, he continues, in the succeeding Verse seeing that it all is in our power, and we did all the evil of our own free will and accord, it is, indeed meet for us to turn in repentance and abandon our wickedness, for our free will is in our hands now as well as at the time we committed the sins saying: "Let us search and try our ways, and return to the L-rd" (Ibid.–40).

(1) Seeing that the maintenance of the body in a healthy and sound condition is a God-chosen way, for, lo, it is impossible that one should understand or know aught of the divine knowledge concerning the Creator when he is sick, it is necessary for man to distance himself from things which destroy the body, and accustom himself in things which are healthful and life-imparting. These are: never shall man partake food save when hungry, nor drink save when thirsty; he shall not defer elimination even one minute, but the moment he feels the need to evacuate urine or feces he must rise immediately.

(1) As we have explained in the preceding chapter, it is the duty of man to subordinate all the faculties of his soul to his reason. He must keep his mind's eye fixed constantly upon one goal, namely, the attainment of the knowledge of G-d (may He be blessed!), as far as it is possible for mortal man to know Him. Consequently, one must so adjust all his actions, his whole conduct, and even his very words, that they lead to this goal, in order that none of his deeds be aimless, and thus retard the attainment of that end.

(2) So, his only design in eating, drinking, cohabiting, sleeping, waking, moving about, and resting should be the preservation of bodily health, while, in turn, the reason for the latter is that the soul and its agencies may be in sound and perfect condition, so that he may readily acquire wisdom, and gain moral and intellectual virtues, all to the end that man may reach the highest goal of his endeavors. Accordingly, man will not direct his attention merely to obtain bodily enjoyment, choosing of food and drink and the other things of life only the agreeable, but he will seek out the most useful, being indifferent whether it be agreeable or not. There are, indeed, times when the agreeable may be used from a curative point of view, as, for instance, when one suffers from loss of appetite, it may be stirred up by highly seasoned delicacies and agreeable, palatable food. Similarly, one who suffers from melancholia may rid himself of it by listening to singing and all kinds of instrumental music, by strolling through beautiful gardens and splendid buildings, by gazing upon beautiful pictures, and other things that enliven the mind, and dissipate gloomy moods. The purpose of all this is to restore the healthful condition of the body, but the real object in maintaining the body in good health is to acquire wisdom. Likewise, in the pursuit of wealth, the main design in its acquisition should be to expend it for noble purposes, and to employ it for the maintenance of the body and the preservation of life, so that its owner may obtain a knowledge of God, in so far as that is vouchsafed unto man.

(3) From this point of view, the study of medicine has a very great influence upon the acquisition of the virtues and of the knowledge of G-d, as well as upon the attainment of true, spiritual happiness. Therefore, its study and acquisition are preeminently important religious activities, and must not be ranked in the same class with the art of weaving, or the science of architecture, for by it one learns to weigh one's deeds, and thereby human activities are rendered true virtues. The man who insists upon indulging in savory, sweetsmelling and palatable food although it be injurious, and possibly may lead to serious illness or sudden death ought, in my opinion, to be classed with the beasts. His conduct is not that of a man in so far as he is a being endowed with understanding, but it is rather the action of a man in so far as he is a member of the animal kingdom, and so (Psalms 49:21) "he is like the beasts who perish". Man acts like a human being only when he eats that which is wholesome, at times avoiding the agreeable, and partaking of the disagreeable in his search for the beneficial. Such conduct is in accordance with the dictates of reason, and by these acts man is distinguished from all other beings.... The real duty of man is, that in adopting whatever measures he may for his well-being and the preservation of his existence in good health, he should do so with the object of maintaining a perfect condition of the instruments of the soul, which are the limbs of the body, so that his soul may be unhampered, and he may busy himself in acquiring the moral and mental virtues. So it is with all the sciences and knowledge man may learn.

(13) Even though all the laws of the Torah are [arbitrary] decrees, as we explained at the end of the Laws of Desecration, it is worthwhile to meditate on them and assign reasons to whatever part of it you can assign a reason to. Behold the early sages said "Solomon understood the reasons of most of the Torah's Laws."

(8) One ought to consider the laws of the Torah and to penetrate into their ultimate significance as much as he can. If, however, he cannot discover the reason and is ignorant of the basic cause of a law, he should not regard it with contempt. Let him not break through to ascend to the Lord, lest he break out against him (Exodus 19:24). His thinking about it must not be like his thinking concerning secular matters.

(10) Nevertheless, whosoever sets his heart to pursue the study of the Torah but do no secular work at all, and permits himself to be supported by charity, behold him, he blasphemed the Name, and degraded the Torah, and shadowed the light of religion, and caused evil to be brought upon himself, and deprived his own life from its share in the world to come; because it is forbidden to enjoy aught in this world in return of the study of the words of the Torah. The sages said: "Whosoever enjoys aught in return of the study of the words of the Torah takes his own life away from the world" (Pirke Abot, 4.7). They have, moreover, commanded and said: "Thou shalt not make them a garland by which to be considered great nor a spade to dig with them" (Ibid.). Again they have commanded and said: "Love manual labor and hate rank". (Pirke Abot, 1.10); whosoever studies the Torah and does not acquire at the same time a manual trade his knowledge of the Torah will be nullified and bring about sin" (Ibid. 2.2.). The end of this will be that he will rob people for his living.

(4) The Sages and the Prophets did not long for the days of the Messiah because they wanted to rule the world or because they wanted to have dominion over the non-Jews or because they wanted the nations to exalt them or because they wanted to eat, drink and be merry. Rather, they desired this so that they would have time for Torah and its Wisdom. And there would be no one who would oppress them or force them to be idle (from Torah). This, in order that they may merit the World to Come, as we have explained regarding the Laws of Repentance.

At that time there will be no famines and no wars, no envy and no competition. For the Good will be very pervasive Or, inspiring, affecting, influencing.. All the delicacies will be as readily available as is dust. The world will only be engaged in knowing G-d“Israel will be very wise”. who will understand the deep, sealed matters. They will then achieve knowledge of the Creator to as high a degree as humanly possible, as it says, “For the Earth shall be filled of knowledge of the Lord, as the waters cover the sea” (Isaiah 11:9).
Blessed be Hashem who helped me.

The King Messiah will arise and re-establish the monarchy of David as it was in former times. He will build the Sanctuary and gather in the dispersed of Israel. All the earlier statutes will be restored as they once were. Sacrifices will be offered, the Sabbatical and Jubilee years will be observed, as commanded in the Torah. Anyone who does not believe in him or one who does not anticipate his coming not only denies the Prophets, but also the Torah and Moses our Teacher. For the Torah has given testimony about him saying,....

(12) He who delivers a prayer of charm upon a wound and reads also a verse of the Torah thereon, likewise one who reads a Verse so that a babe shall suffer no fear, or who puts a Sepher Torah or phylacteries upon a child so that he might fall asleep, such are not alone included among the enchanters and charmers but are even included among those who deny the Torah, for they are employing the words of the Torah as a cure for the body, whereas they are not so but only remedies for the soul