Mishneh Torah - Origin, Sources, and Language

Origin, Sources, and Language

Maimonides sought brevity and clarity in his Mishneh Torah and, as in his Commentary on the Mishnah, he refrained from detailing his sources, considering it sufficient to name his sources in the preface. He drew upon the Torah and the rest of Tanakh, both Talmuds, Tosefta, and the halachic Midrashim, principally Sifra and Sifre. Some believe that he preferred rulings in certain Midrash collections to rulings in the Talmud, which would have been a rare opinion at the time.

Later sources include the responsa (teshuvot) of the Geonim. The maxims and decisions of the Geonim are frequently presented with the introductory phrase "The Geonim have decided" or "There is a regulation of the Geonim", while the opinions of Isaac Alfasi and Alfasi's pupil Joseph ibn Migash are prefaced by the words "my teachers have decided" (although there is no direct source confirming ibn Migash as Maimonides' teacher). According to Maimonides, the Geonim were considered "unintelligible in our days, and there are but few who are able to comprehend them." There were even times when Maimonides disagreed with what was being taught in the name of the Geonim.

A number of laws appear to have no source in any of the works mentioned; it is thought that Maimonides deduced them through independent interpretations of the Bible or that they are based on versions of previous Talmudic texts no longer in our hands. Maimonides himself states a few times in his work that he possessed what he considered to be more accurate texts of the Talmud than what most people possessed at his time. The latter has been confirmed to a certain extent by versions of the Talmud preserved by the Yemenite Jews as to the reason for what previously were thought to be rulings without any source.