[Avodah] Truth and the Rambam (Micha Berger)

[David Riceman]

  RMB:

<<I'm suggesting that according to the Rambam, the only thing that has
authority is the "mah she'einav ro'os" in the original taqanah, derashah,
or pasuq.

So, he cataloged the pesaqim as he saw them. That's not to establish
precedent. That's to enable people to find the truths he did in an easy
organized way, rather than needing to know Mishnah, Tosefta, medrashei
halakhah, Y-mi, and Bavli well enough to find them, to be able to figure
out a pesaq from a shaqla vetarya, etc..>>

But the "people" who can't go back and determine the meaning of "the 
original taqanah, derashah,

or pasuq" because the MT lacks footnotes will perforce lack "authority".  So what good has he done?

RMB:

<<In the off-list discussion, I wrote that the Rambam only intended to be
a code for the masses, and RDR asked where I got that from.

#42 in the haqdamah says the Yad is "kedei shelo yehei adam tzarikh
lechibut acheir be'olam bedin". Which is why he called it MISHNEH Torah.

However, in Hil TT he tells you the role of mishnah, and how a talmud
chakham is supposed to go beyond it to gemara, such that only "betechilas
talmudo shele'adam" (TT 1:12) would someone spend even 1/3 of his time
on the mode of study called mishnah. Leshitaso, "mishnah" is somewhat
more than zil kerei bei rav, but still, future pesaq comes from gemara
(1:11), not mishnah. Including not Mishneh Torah, which was so that
"ad sheyei TSBP kulah sedurah befi haqol" -- for the masses.>>

No, gemara is analysis, not a text "He should deduce conclusions from premises, deduce things
from others, compare things to others,and deduce things using the 13MSNB until he understand the
essence of the middos and deduces how permitted and prohibited, etc. are deduced from the oral
law.(1:11)"  That can be done using the MT as a base text.  Gemara also includes metaphysics: "and
  the subjects called pardes [cf. HYhT 4:13] are considered part of Talmud (1:12)."

RMB:
<<In the letter I'm discussing, the Rambam tells chakhmei Luneil to study
the topic for themselves, and if they find an error, they should rule
according to their own correction.>>

You are correct that the Rambam views that as the correct way for them to pasken.  In his letter to his
  own student, however, he tells him to study MT and Rif, and to look at the gemara only when they disagree.
I suspect that, while he respected the old school of students of Talmud, he was trying to establish a
new school.

David Riceman