Maimonides traces the transmission of the Oral Law from Moses through successive generations to the Talmudic sages. The chapter presents the historical chain through which rabbinic legal authority is preserved.
אָז לֹא אֵבוֹשׁ, בְּהַבִּיטִי אֶל כָּל מִצְוֹתֶיךָ:כָּל הַמִּצְווֹת שֶׁנִּתְּנוּ לוֹ לְמֹשֶׁה בְּסִינַי – בְּפֵרוּשָׁן נִתְּנוּ, שֶׁנֶּאֱמָר "וְאֶתְּנָה לְךָ אֶת־לֻחֹת הָאֶבֶן, וְהַתּוֹרָה וְהַמִּצְוָה" (שמות כד, יב): "תּוֹרָה", זוֹ תּוֹרָה שֶׁבִּכְתָב; וּ"מִצְוָה", זֶה פֵּרוּשָׁהּ. וְצִוָּנוּ לַעֲשׂוֹת הַתּוֹרָה, עַל פִּי הַמִּצְוָה. וּמִצְוָה זוֹ, הִיא הַנִּקְרֵאת תּוֹרָה שֶׁבְּעַל פֶּה. וְהַמִּצְוָה, שְׁהִיא פֵּרוּשׁ הַתּוֹרָה – לֹא כְתָבָהּ; אֵלָא צִוָּה בָּהּ לַזְּקֵנִים וְלִיהוֹשׁוּעַ וְלִשְׁאָר כָּל יִשְׂרָאֵל, שֶׁנֶּאֱמָר "אֵת כָּל־הַדָּבָר, אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם – אֹתוֹ תִשְׁמְרוּ, לַעֲשׂוֹת . . ." (דברים יג, א). וּמִפְּנֵי זֶה נִקְרֵאת תּוֹרָה שֶׁבְּעַל פֶּה. אַף עַל פִּי שֶׁלֹּא נִכְתְּבָה תּוֹרָה שֶׁבְּעַל פֶּה, לִמְּדָהּ מֹשֶׁה רַבֵּנוּ כֻּלָּהּ בְּבֵית דִּינוֹ לְשִׁבְעִים זְקֵנִים; וְאֶלְעָזָר וּפִינְחָס וִיהוֹשׁוּעַ, שְׁלָשְׁתָּן קִבְּלוּ מִמֹּשֶׁה. וְלִיהוֹשׁוּעַ שְׁהוּא תַּלְמִידוֹ שֶׁלְּמֹשֶׁה רַבֵּנוּ, מָסַר תּוֹרָה שֶׁבְּעַל פֶּה וְצִוָּהוּ עָלֶיהָ; וְכֵן יְהוֹשׁוּעַ, כָּל יְמֵי חַיָּיו לִמַּד עַל פֶּה.
The Rambam's Introduction1The heading "Introduction" is not found in any of the manuscript editions of the Mishneh Torah and appears to be a printer's addition. Note Hilchot Shechitah 1:4, where the Rambam refers to "...the Oral Law, which is called `the mitzvah,' as we explained in the beginning of this text."By referring to these passages as "the beginning" of the text and not "the introduction to the text," the Rambam implies that the subject matter contained in these passages is an essential part of the Mishneh Torah and not merely an author's preamble. to the Mishneh Torah"In the name of God, Lord of the world"2Though this verse is omitted by many printed editions of the Mishneh Torah, it is included in the manuscript editions. It is also found at the beginning of the Rambam's other works, the Commentary on the Mishnah, Sefer HaMitzvot, and the Guide to the Perplexed. The Rambam's intention is to clarify that he does not see this work as an expression of his individual efforts alone, but that it was composed "In the name of God, the Lord of the world." (Genesis 21:33)"Then I will not be ashamed when I gaze at all Your mitzvot"3The Rambam introduces every one of the books of the Mishneh Torah by quoting an appropriate verse from the Bible. It is possible to explain that he chose this verse for the introduction to the entire text in reply to objections he knew would arise to the Mishneh Torah. The Rambam's conception of his work as "a compilation of the entire Oral Law" would not be acceptable to many. Therefore, he begins by emphasizing that his actions were not presumptuous. There is no need for him to be "ashamed" at taking such a step. Since he can "gaze at all Your mitzvot" - i.e., has the knowledge of the entire Oral Law - he is obligated to try to communicate that knowledge to others, as stated in Hilchot Talmud Torah 5:4 (Yayin Malchut). (Psalms 119:6).The mitzvot given to Moses at Mount Sinai were all given together with their explanations,4By emphasizing that, at the revelation at Sinai, the mitzvot were given "together with their explanations," the Rambam stresses that the Written and Oral Laws cannot be viewed as two separate entities, but rather as two dimensions of a single whole. See also the Rambam's Introduction to his Commentary on the Mishnah, where he elaborates on the same concept. as implied by [Exodus 24:12]: "And I will give you the tablets of stone, the Torah, and the mitzvah.""The Torah" refers to the Written Law; "the mitzvah," to its explanation. [God] commanded us to fulfill "the Torah" according to [the instructions of] "the mitzvah."5See Emunah V'De'ot (Discourse 3, Chapter 3), where Rav Sa'adiah Gaon explains at length how the oral tradition is necessary to understand how to fulfill the mitzvot "The mitzvah" is called the Oral Law. "The mitzvah" - i.e., the explanation of the Torah - he did not transcribe.6Note Gittin 60b, which prohibits writing down the teachings of the Oral Law. Nevertheless, from the Rambam's statements here and in the Introduction to his Commentary on the Mishnah, it appears that the prohibition only applies to the composition of a text from which to teach, and not writing down notes for one's personal study. Instead, he commanded it [verbally] to the elders, to Joshua, and to the totality of Israel,7See the Rambam's Introduction to his Commentary on the Mishnah, where he quotes Eruvin 54b which describes the order in which Moses would teach Aharon, his sons, the elders, and then the entire Jewish people. as [Deuteronomy 13:1] states: "Be careful to observe everything that I prescribe to you." For this reason, it is called the Oral Law. Even though the Oral Law was not transcribed, Moses, our teacher, taught it in its entirety in his court to the seventy elders. Elazar, Pinchas, and Joshua received the tradition from Moses.[In particular, Moses] transmitted the Oral Law to Joshua, who was his [primary] disciple, and instructed him regarding it.8I.e., regarding its transmission to others (Sifre, Pinchas).