Women and slaves are exempt from studying Torah. But a male minor - his father is obligated to teach him Torah, as it says, "And you shall teach them to your children, to speak in them" (Deut 11:19). Women are not obligated to teach their sons, for [only] all who are obligated to study are obligated to teach.
Sefer Madda
הלכות תלמוד תורה
Torah Study
The Mishneh Torah (“Repetition of the Torah”), also referred to as Yad HaChazakah (“The Strong Hand”), is a monumental legal code and one of the most organized, comprehensive, and influential works of Jewish law. Written over a period of ten years, the work systematically categorizes and clearly explains all aspects of Jewish observance, including those applicable only in Temple times.
Complete work · 7 chapters · Hebrew + English
Chapter 1
Chapter 1
Just as a person is obligated to teach his son, so too he is obligated to teach his grandson, as it says, "And make them known to your children, and to your children's children" (Deut 4:9). And not just his son and his grandson: rather, there is a command upon each and every wise-man [heb. chacham] in Israel to teach all students, even though they are not his children. As it says, "And you shall tutor them to your children" (Deut 6:7) - from an [Oral] Tradition they learned that "your children" [here] refers to your students, for students can be called children, as in "And the children of the prophets left" (I Kings 2:3). If so, why was it [i.e. the obligation to teach] commanded in regard to a son and grandson? To give priority to a son over a grandson, and a grandson over the son of a friend.
Also, one is obligated [if need be] to hire a teacher to teach his son, but is only obligated to teach his friend's son at no cost. One whose father never taught him is obligated, when he realizes, to teach himself. As it says, "and you shall study them, and observe them to do them" (Deut 5:1). And so you find in every place, that studying precedes doing; for studying leads to doing, but doing does not lead to studying.
If he needs to study Torah and his son needs study Torah, he precedes his son. But if his son is clever and grasps what he studies better than [the father], than his son takes precedence. But even though his son takes precedence, he may not refrain [from study] - for just as there is a commandment upon him to teach his son, so he is commanded to teach himself.
A man should always study Torah and then marry a woman. For if he marries a woman first, his mind will not be available for study. But if his desire overcomes him, such that his heart is not available, he should marry a woman and then learn Torah.
When does his father begin to teach him Torah? When he begins to speak, he teaches him "Moses commanded us Torah" (Deut. 33:4) and "Hear O Israel" (Deut. 6:4); and after this teaches him little by little, verse by verse until he is 6 or 7 years old - all is according to his health -and brings him to the teacher of children's place.
It is a custom in our country for the teacher of children to take money, the father is obligated to pay for his teachings until he knows how to read the whole written Torah. In a place where it is a custom to take money for teaching the written Torah then it is permitted to do so. But the oral Torah it is is forbidden to teach for money. As it is written: "Behold, I have taught you laws and statutes, as G-d commanded me." Just like I learnt for free, so to you will be taught for free. Teach the coming generations in a like manner. Teach them at no cost as you have learned from me. If a person cannot find someone to teach him at no cost, he must pay for his studies, as it is written: "Buy truth." May he charge to teach others? We learn: "but do not sell." Thus, it can be derived that it is forbidden to charge to teach Torah even though one's teacher charged to instruct him.
Every Jew is obligated to learn Torah: whether he is poor or rich; whether he has a full and healthy body or whether he is a person who is suffering; whether he is young or whether he is very old and his strength is weak; even if he is a poor man who supports himself from charity and knocks on each door; and even if he is a husband of a wife and children. He is obligated to have a set time to learn Torah [both] during the day and the night as it is written "You shall think about it day and night."
Among the great ones of the sages of Israel, there were wood-choppers and water-drawers, and blind men, and despite this, they engaged in Torah study during the day and night, and are included among the transmitters of the tradition from person to person from Moses, our teacher.
Until when is one obligated to study Torah? Until the day of his death. As it says (Devarim 4:10), "Lest they flee from your heart all the days of your life." And all times that one is not dealing with [Torah] study, he forgets [Torah].
And one is obligated to divide one's learning into thirds. One third in the Written Law. One third in the Oral Law. And one third one should understand the completion of one thing from its beginning and derive one thing from another and compare one thing to another and understand with the hermeneutical principles of derivation by which the Torah is interpreted until one completely grasps these rules and how that which is prohibited and permissible are derived and similar matters that one heard via tradition. This principle principle is called "Gemara."
How is the above expressed? A person who is a craftsman may spend three hours each day involved in his work, and [devote] nine hours to Torah study: In those nine hours, he should spend three reading the Written Law; three, the Oral Law; and three, meditating with his intellect to derive one concept from another. The "words of the prophetic tradition" are considered part of the Written Law; and their explanation, part of the Oral Law. The matters referred to as Pardes are considered part of the Gemara. The above applies in the early stages of a person's study. However, when a person increases his knowledge and does not have the need to read the Written Law, or occupy himself with the Oral Law constantly, he should study the Written Law and the oral tradition at designated times. Thus, he will not forget any aspect of the laws of the Torah. [However,] he should focus his attention on the Gemara alone for his entire life, according to his ambition and his ability to concentrate.
A woman who learns Torah is rewarded but her reward is not the same as that of a man because she is not commanded. And anyone who does something for which he is not commanded the reward is not the same as for one who is commanded but less. And even though she is rewarded, the Rabbi have commanded that a man should not teach his daughter Torah for most women's thoughts are not focused on being taught rather they will extract from the Torah words lacking meaning, based on their limited interest. The Rabbis have said "whomever teaches his daughter Torah, it is as if he is teaching her Tiflut" - This only applies to the Oral law, however regarding the Written Law one should preferably not teach it , but if one did, it would not be as if he taught her Tiflut.
Chapter 2
Chapter 2
Teachers of young children should be appointed in every country and every region and every city. And every city which does not have a school of Torah study for children, citizens of the city are placed under a ban until teachers for children are appointed. And if they do not appoint them, ban (or destroy) the city because the world only exists because of the breath of children engaged in Torah study.
Children should be brought to study near the age of six or seven, according to the child's health and build. Below the age of six, one does not bring the child. A teacher may hit them to cast fear. However, he should not beat them like an enemy nor cruelly: he should not beat them with a rod or a staff, but rather with a small strap. And he sits and instructs them the entire day and for a portion of the night so as to train them to study both during the day and during the night. The children should not neglect [their studies] at all, except for the eve of Shabbat and festivals and on the festivals themselves. On Shabbat, they should not begin new material. However, they should review what was learned already. The children should never be interrupted from their studies, not even for the building of the Temple.
The teacher of young children who leaves the children and goes out, or who does other work with them, or who is negligent in their studies - behold, this is in the category of "cursed is the one who does the work of negligently" (Jer. 48:10). Therefore, it is not appropriate to appoint a teacher unless he is reverent and proficient in reading and grammar.
And one who does not have a wife does not teach young children because of their mothers who come with their children. And no woman teaches young children because of their fathers that come with the children.
25 young children learn with one teacher. If there are more than 25 - up to 40 - we appoint another person with him to assist him with their studies. If there are more than 40, we put two teachers of young children in place for them.
We bring the child from one teacher to another teacher who is more proficient than him, whether in Bible or in grammar. Regarding what cases are we speaking? When there are two of them in one city, and there is no river that separates them; but from city to city or from one side of the river to its [other] side, even within the same side, we do not bring the child unless there is a [bridge] of solid-construction across the river - construction that does not seem like it will fall soon.
If a person [whose house opens] to an alleyway [to which other houses open] - or even one [whose house opens] to a courtyard [to which other houses open] - desires to become a teacher of children, his neighbors may not protest against his decision. Similarly, should one teacher of children come and open a schoolroom next to the place [where] a colleague [was teaching], so that other children will come to him or so that the children [studying under his] colleague shall come to him, his colleague may not lodge a protest against him, as [Isaiah 42:21 states]: "G-d desired, for the sake of His righteousness, to make the Torah great and glorious."
Chapter 3
Chapter 3
Israel is crowned with three crowns: the crown of Torah, the crown of Priesthood, and the crown of Kingship. Aharon merited the crown of Priesthood, as it says (Numbers 25:13), "And the covenant of the Priesthood became his (Aharon's) and his descendant's forever." David merited the crown of Kingship, as it says (Psalms 89:37), "His descendants will exist forever and his throne will be considered like the sun before me." Behold, the crown of Torah stands ready for all of Israel [to take], as it says (Deuteronomy 33:4), "The Torah was commanded by Moshe as an inheritance for the congregation of Yaakov." [Meaning] anyone who desires can come and take it. Perhaps you will entertain the possibility (lit. "say") that the other crowns are more significant than the crown of Torah? Now, [regarding the crown of Torah] it says (Proverbs 8:15-16), "Through me (the Torah), kings will reign and nobles will legislate righteousness. Through me (the Torah), officers are granted authority." [From here] one learns that the crown of Torah is greater than the other two (the crown of Kingship and Priesthood).
The Sage said: a mamzer [one born through incest or adultery] who is a scholar takes precedence over a high priest who is ignorant, as was said: "she is more precious than jewels" (Prov. 3:15) - from a high priest who enters the innermost sanctuary.
You have no commandment among all the commandments that has a weight equal to Torah study; rather, Torah study is equal to all the commandments in that study brings one to deeds. Therefore, study takes precedence over deeds in every regard.
If one has the opportunity to do some [other] mitzvah or to learn Torah, and the mitzvah could be done by someone else, he should not interrupt his learning. Otherwise, he should do the mitzvah, and return to his studies.
...The beginning of man's judgement is only judged on his learning [Torah], and afterwards on the rest of his actions. And therefore, the Rabbi's said, man should always learn Torah, whether it is for it's sake or not for it's sake, because [if it is done] not for it's sake, it will come to be for it's sake.
... One who lifts his heart to fulfill this commandment appropriately and to be crowned with the crown of Torah may not distract his mind with other things, and he must not intend to acquire Torah with wealth and honor as one. "This is the way of Torah: you will eat bread with salt, drink water in measure, upon the ground you shall sleep, and you will live a life of anguish, and you will toil in Torah (Avot 6:4). And it is not upon you to complete the matter, but you are not free to desist from it. And if you multiplied Torah, you multiplied reward, and the reward is according to the anguish.
Perhaps, one will say: "[I will interrupt my studies] until after I gather money, and then I will return and study, [I will interrupt my studies] until after I buy what I need, and then, when I can divert my attention from my business, I will return and study." If you consider such thoughts, you will never merit the crown of Torah. Rather, make your work secondary, and your Torah study a fixed matter. Do not say: "When I have free time, I will study," for perhaps you will never have free time.
It is written in the Torah [Deuteronomy 30:12, 13]: "It is not in the heavens....It is not across the sea...." [This implies:] "It is not in the heavens" - i.e., it is not found in the proud spirited. "It is not across the sea" - i.e., it is not found in those who travel across the sea. Therefore, our Sages said: "Not everyone who is involved in business will become wise." Our Sages also commanded: "Minimize your business activities and occupy yourself with Torah."
Words of Torah are compared to water, as it was said: "Oh, all who are thirst come to the water" (Isaiah 55:1) - to say to you: just as water does not accumulate in the place of a slope, but rather flow from upon it and gather in a low place, so too words of Torah are not found in boorish people, nor in the heart of any haughty person, but rather in the contrite and humble person who places himself in the dust at the feet of scholars and removes lusts and temporal pleasures from his heart and does some work every day - enough for his life if he would not have anything to eat - and occupies the rest of his day and his night with Torah.
Anyone who believes in his heart that occupying oneself with Torah and not working, but supporting oneself with charity, behold, this one desecrates the Divine name, dishonors the Torah, extinguishes the light of faith, brings evil to oneself and forfeits life in the world to come because it is forbidden to benefit from the words of Torah in this world. Our sages say, "All who benefit from the words of Torah forfeit life in the world." And furthermore, they commanded and said, "Do not make a crown to make oneself great and do not make an ax to chop with it." And furthermore they commanded and said, "Love work and hate authority and all Torah that is not accompanied by work in the end will be negated and will lead to sin. The end of such a person will be that he steals from others.
One who provides for himself from the work of his hands has a great virtue, and it is a quality of the early righteous ones. And in this, he merits all the honor and goodness in this world and the world to come, as it is written: "When you eat the toil of your hands, you shall be happy and it shall go well for you" (Psalms 128:2). "You shall be happy" in this world "and it shall go well for you" in the world to come, in which all is good.
Words of Torah are not sustained in one who is lax regarding them, and not in these who learn in the midst of enjoyment or eating and drinking, but rather in one who kills himself [figuratively] over them and cause his body distress constantly and does not give sleep to his eyes or slumber to his eyelids. The Sages said in the way of a hint: "This is the teaching (Torah) of the person who dies in a tent" (Numbers 19:14) - the Torah is not sustained other than in one who kills himself in the tents of the Sages. And so said Solomon in his wisdom: "If you faint in the day of adversity, your strength is small" (Proverbs 24:10), and he also said: "even my wisdom remained with me" (Ecclesiastes 2:9) -[which can be read as] the wisdom that I learned in anger is what remained with me. The Sages said: a covenant was established that any who exhausts himself with his Torah in the house of study will not forget quickly and any who exhausts himself in his study in private is made wise, as was said: "but with the modest is wisdom". And any who makes his voice heard and the time of his study, his learning is sustained in his hand, but the one who reads quietly forgets quickly.
Even though it is a commandment to study during the day and the night, a person does not learn the majority of his wisdom other than at night. Therefore, anyone who wants to merit the crown of Torah will be careful with all his nights, and not lose even one of them in sleep or eating and drinking or conversation or anything similar to them other than study of Torah and matters of wisdom. The Sages said: there is no song of Torah other than at night, as was said: "Rise, sing in the night!" (Lamentations 2:19). And anyone who occupies himself with Torah at night, a strand of loving-kindness will remain upon him during the day, as was said: "During the day the Lord commands His loving-kindness and during the night, his song is with me, a prayer to the G-d of my life." (Psalms 42:9). And any house that words of Torah are not heard in it at night, fire consumes it, as was said: "All darkness is hidden for his treasures; a fire not blown" (Job 20:26), for the word of the Lord in this - this is the one who did not look after words of Torah at all. And similarly anyone for whom it is possible for him to occupy himself with Torah and does not occupy himself or who studies Bible and Mishnah and diverts to the vanities of the world, laying down his study and abandoning it, behold this is included in [the category of] those who scorn the word of the Lord. The Sages said: any who neglects the Torah in wealth, his end is to neglect it in poverty, and any who sustains the Torah in poverty, his end is to sustain it in wealth. And this matter is explained in the Torah - behold it says: "because you did not serve the Lord your G-d in happiness and with good heart from abundance in everything, you will serve your enemies." (Deut. 28:47-48) And it says "in order to afflict you" (Deut. 8:2) "to improve you at your end" (Deut. 8:16).
Chapter 4
Chapter 4
Torah should be taught only to a proper student - one whose deeds are attractive - or to a person whose behavior is unknown. However, [a potential student] who follows bad ways should be influenced to correct his behavior and trained to follow a straight path. [After he repents, his deeds] are examined and he is allowed to enter the house of study to be instructed. Our Sages said: Whoever teaches an improper student is considered as if he throws a stone to Mercury, as [Proverbs 26:8] states: "As one who winds a stone in a sling, so is he who gives honor to a fool." There is no "honor" other than Torah, as [Proverbs 3:35] states: "The wise shall inherit honor." Similarly, one should not study from a teacher who does not follow a proper path, even though he is a very wise man and his [instruction] is required by the entire nation, until he returns to a good path, as [implied by Malachi 2:7]: "For the priest's lips shall keep knowledge, and they shall seek Torah from his mouth, because he is a messenger from the Lord of Hosts." Our Sages said: If a teacher resembles "a messenger of the Lord of Hosts," seek Torah from his mouth. If he does not, do not seek Torah from his mouth.
How is [Torah] taught? The teacher sits at the head and the students sit around him, so that all can see the teacher and hear his words. The teacher should not sit on a chair, [while] his students [sit] on the ground. Rather, either everyone should sit on the ground or everyone should sit on chairs. Originally, the teacher would sit and the students would stand. [However,] before the destruction of the Second Temple, everyone followed the practice of teaching while both they and the students were seated.
If the teacher [desires] to instruct the students personally, he is entitled to do so. If he [desires to] teach through the medium of a spokesman, the spokesman should stand between him and the students. The teacher speaks to the spokesman and he announces the teaching to all the students. When they ask the spokesman a question, he asks the teacher. The teacher, [in turn,] replies to the spokesman and the spokesman replies to the questioner. The teacher should not raise his voice above that of the spokesman. Similarly, when the spokesman asks a question of the teacher, he should not raise his voice above that of the teacher. The spokesman is not allowed to detract from, add to, or change [the teacher's words], unless he is the teacher's father or teacher. If the teacher tells the spokesman: "My teacher told me the following..." or "My father and teacher told me the following...," when the spokesman relates the teaching to the people, he should quote the statement in the name of the sage [who authored it], mentioning the name of the teacher's father or teacher, saying: "So and so, the sage, said the following..." [This is allowed] despite the fact the teacher did not mention the sage's name, because it is forbidden to refer to one's teacher or father by name.
A Rabbi who teaches and his students don't understand, [should] not get mad at them and not be angry. Rather he should go back and teach the matter no matter (lit. even) how many times, until [he] understands the depth of the Halacha. And similarly, a student shouldn't say he understands if he doesn't understand. Rather he should go back and ask, even a few times. And if his Rabbi gets mad at him, and angry, he should tell him: My Rabbi, this is Torah, and I need to learn, and my knowledge is short.
A student should not be embarrassed because his colleagues grasped the subject matter the first or second time, while he did not understand it until it was repeated a number of times. If he becomes embarrassed because of such matters, he will find himself going in and out of the house of study without learning anything. Accordingly, the Sages of the previous generations stated: "A bashful person will not learn, nor should the short-tempered teach." When does the above apply? When the students did not understand the subject matter because of its depth or because of their limited powers of comprehension. However, if it appears to the teacher that they are not applying themselves to the words of Torah and are lax about them, and, therefore, do not understand, he is obligated to display anger towards them and shame them with his words, to sharpen their powers of concentration. In this context, our Sages said: "Cast fear into the students." Therefore, it is not fitting for a teacher to act frivolously in the presence of his students. He should not amuse himself in their presence, nor should he eat and drink with them. [These restrictions are intended] so that they fear him and study under him at a fast pace.
When the teacher enters the house of study, questions should not be posed to him until he gathers his powers of concentration. [Thus,] a student should not ask until he sits and rests. Two should not ask at once. A teacher should not be asked about an outside matter, but rather, [only] regarding the subject which they are involved with, lest he become embarrassed. The teacher may [deliberately] lead the students astray with his questions and the deeds he carries out in their presence to sharpen their powers of concentration and to test whether they remember what he taught them or not. Needless to say, he may ask them regarding another matter, which they are not presently involved with, to spur them on.
A person should not ask a question while standing, nor should a person respond while standing. One should not ask from a high place, from far away, or from behind the elders. A question should be asked of the teacher regarding only the subject which they are reading. A question should be asked only with an attitude of awe. A person should ask concerning only three halachot [while studying] the same subject.
[The following rules apply when] two people ask questions simultaneously: If one question is to the point and the other is not to the point, attention is paid to the question which is to the point. [If one question concerns] a matter to be applied in practice, and the other is an abstract question, attention is paid to the question which concerns the matter to be applied. [If one question concerns] Torah law, and the other the interpretation of the verses of the Torah, attention is paid to the question which concerns Torah law. [If one question concerns] the interpretation of the verses of the Torah, and the other aggadah, attention is paid to the question which concerns the interpretation of the verses of the Torah. [If one question concerns] aggadah, and the other the inference drawn from a minor premise to a major one, attention is paid to the question which concerns the inference drawn from a minor premise to a major one. [If one question concerns] the inference drawn from a minor premise to a major one, and the other an analogy established on the basis of similar words, attention is paid to the inference drawn from a minor premise to a major one. If of the two questioners, one was a sage and one was a student, attention is paid to the sage; one a student and one a commoner, attention is paid to the student. However, if they are both sages, both students, or both commoners - similarly, if two people both ask questions concerning Torah law, or they both wish to reply to what has been previously stated, or both questions concern actual deeds - from this point on, the spokesman has the option [of giving precedence to whichever question he desires].
One should not sleep in a house of study. When any person dozes in the house of study, his Torah will be torn in shreds. This is alluded to in Solomon's words of wisdom [Proverbs 23:21]: "Drowsiness will clothe a man in rags." Conversation in the house of study should concern only the words of Torah. Even if someone sneezes, one should not wish him: "[To your] recovery" in the house of study. Needless to say, the discussion of other matters is prohibited. The sanctity of a house of study exceeds that of a synagogue.
Chapter 5
Chapter 5
As a person is commanded to honor his father and fear him, so is he obligated to honor his teacher and fear him. More than his father, for his father gave him life in this world, but a teacher who teaches him wisdom gives him life in the world to come. [Note: This is not a complete translation of halacha 1, it only covers the first few lines.]
What is meant by disputing the authority of one's teacher? A person who establishes a house of study [where] he sits, explains, and teaches without his teacher's permission in his teacher's lifetime. [This applies] even when one's teacher is in another country. It is forbidden to ever render a halachic judgment in one's teacher's presence. Whoever renders a halachic judgment in his teacher's presence is worthy of death.
If a person asked [a student] regarding a halachic question and there were twelve mil between him and his teacher, he is permitted to answer. [Furthermore,] to prevent a transgression, it is permitted to give a halachic judgment even in the presence of one's teacher. What does the above imply? For example, one saw a person perform a forbidden act because he was unaware of the prohibition or because of his perversity, he should [try to] prevent him [by] telling him: "This is forbidden." [This] applies even in his teacher's presence and even though one's teacher had not given him permission. Wherever the desecration of G-d's name is involved, no deference is paid to a teacher's honor. When does the above apply? With regard to a matter that came up incidentally. However, establishing oneself as a halachic authority to sit and reply to all who ask concerning halachic matters is forbidden, even if [the student] is at one end of the world and the teacher at the other, until either: a) the teacher dies; or b) the student receives permission from his teacher. Not everyone whose teacher dies is permitted to sit and render judgment concerning Torah law; only one who is a student worthy of rendering judgment.
And every student who has not reached the level required to instruct [on matters of Halakha] and instructs; is wicked, insane, and of foul spirit. And it is said about him (Proverbs 7, 26): "For she hath cast down many wounded". And so too a learned man who has reached the level required to instruct [on matters of Halakha] and does not instruct, he prevents Torah, and places obstacles before the blind, and it is said about him (Ibid): "Yea, a mighty host are all her slain." These are the young students who have not accumulated Torah appropriately. These young students that did not appropriately accumulate knowledge of Torah, and they seek aggrandizement before the common folk and the people of their city, and they pounce upon great positions to judge and teach in Israel, they exarcerbate disputes, and they are the destroyers of the world, and the extinguishers of the candle of Torah, and the vandals of the vineyard of Hashem the Lord of Hosts. And Solomon said about them in his wisdom (Song of Songs 2, 15) "Take us the foxes, the little foxes, that spoil the vineyards".
It is forbidden for a student to refer to his teacher by name, even outside his presence. He should not mention his name in his presence, even when referring to others with the same name as his teacher - as he does with the name of his father. Rather, he should refer to them with different names, even after their death. The above applies when the name is unusual, and all will thus know to whom it refers. [A student] should not greet his teacher or respond to the latter's greeting, as is customary when two friends exchange greetings. Rather, he should bow before him and say with awe and reverence: "Peace be upon you, my master." If his teacher greeted him, he should respond: "Peace be upon you, my teacher and master."
Similarly, he should not remove his tefillin in the presence of his teacher, nor should he recline in his presence. Rather, he should sit before him as one sits before a king. A person should not pray either in front of his teacher, behind his teacher, or at his teacher's side. Needless to say, one should not walk by his side. Rather, he should distance himself behind his teacher without standing directly behind him and then pray. One should not enter a bathhouse together with his teacher or sit in his teacher's place. One should not side against his teacher's opinion in his presence or contradict his statements. One should not sit in his presence until he tells him to sit. One should not stand before him until he tells him to stand or until he receives permission to stand. When one departs from his teacher, one should not turn his back to him. Rather, one should walk backwards while facing him.
A person is obligated to stand before his teacher from the time he sees him - as far away as he can see - until [he passes beyond his field of vision] and is hidden: his figure no longer visible. Then, [the student] may sit. A person is obligated to visit his teacher during the festivals.
Deference should not be shown to a student while in the presence of his teacher, unless it is customary for his teacher also to show him deference. All the services which a servant performs for his master should be performed by a student for his teacher. [However,] if [the student] was in a place where he was not recognized and was not wearing tefillin - should he suspect that people will say he is a servant - he need not put on [his teacher's] shoe or remove it. Whoever prevents his student from serving him withholds kindness from him and takes away his fear of heaven. Any student who deals lightly with a matter related to the honor of his teacher causes the Divine Presence to depart from Israel.
[A student who] saw his teacher transgress the words of the Torah should tell him: you have taught us such and such. Whenever he mentions a teaching in his presence, he should tell him: "You have taught us the following, master." He should not mention a concept which he did not hear from his teacher unless he mentions the name of the person who authored it. When his teacher dies, he should rend all his garments until he reveals his heart. He should never mend them. When does the above apply? To one's outstanding teacher from whom one has gained the majority of his wisdom. However, a person who has not gained the majority of his wisdom under a teacher's instruction is considered to be both a student and colleague. He is not obligated to honor him in all the above matters. Nevertheless, he should stand before him, rend his garments at his [death], as he does for all the deceased for whom he is obligated to mourn. Even if he learned only one thing from him, whether it be a small or great matter, he should stand before him and rend his garments at his [death].
Every student with a proper character will not speak in front of anyone who is wiser than he is, even though he has not learned anything from him.
An outstanding teacher may, if he desires, forgo his honor with regard to any or all of the above matters to any or all his students. Even though he forgoes [these honors], the student is obligated to respect him at the time he forgoes [respect].
As the students are obligated to honor their teacher, so is the teacher required to honor his students and hold them close. Thus say the sages: The honor of your students should be as precious to you as your own. And a man should watch over his students and love them as they are his children to enjoy in this world and in the world to come.
Students increase their teacher's wisdom and broaden his horizons. Our Sages declared: "I learned much wisdom from my teachers and even more from my colleagues. However, from my students [I learned] most of all." Just as a small branch is used to light a large bough, so a small student sharpens his teacher's [thinking processes], until, through his questions, he brings forth brilliant wisdom.
Chapter 6
Chapter 6
...It is a commandment to praise any disciple of the sages, even if they are not one's master, as it says "honor the face of an old person" (Leviticus 19:32). Zaken (old person) [is short for] this one that acquired wisdom (Zeh sheKaNah chochmah). And when are we obligated to stand in front of him? From the moment that he is within four cubits, until he passed in front.
... One does not stand in front of him in the bathhouse or the bathroom, as it says "stand" and "honor" - a standing where there is honor. And craftsmen are not obligated to stand for disciples of the sages at the moment when they are busy with their work, as it says ""standing" and "honoring" - just as honoring does not imply monetary loss, so too standing does not imply monetary loss" (Talmud Babylonian Kiddushin 32b) and from where do we know that one does not avert one's eyes from a sage so one won't see him and will not have to stand? From what it says "'and you shall fear your G-d' - behold, on all actions that are dependent on one's intention we find written about them 'and you shall fear your G-d'.
... It does not befit a sage to be burdensome the people and direct them to stand before him, rather he should go through the shorter way and try to make others NOT see him
... One who is riding is similar to one who is walking, and just as we raise for those walking we do so for those riding.
... If three are walking on the way, the master (should be) positioned in the middle, the greater on the master's right side and the smaller on his left.
... One who sees a sage does not stand until he gets within four cubits of his proximity.
If a sage enters, whoever is within four cubits of his presence needs to stand, whether they were sitting or standing, until he comes in and sits.
... A student who always sits in front of his teacher is not permitted to stand in front of him - the exception being the morning and evening prayers, so his honoring [his teacher] won't be greater than his honoring G-d.
...One should stand in the presence of an extremely old person, even if he is not a scholar. Even a young scholar stands up in the presence of an extremely old person; however, he is not obligated to stand up to his full height, rather [enough] to show deference. We even show deference to an old non-Jew, with [kind] words and a helping hand, as it says: "You shall rise before the aged..." (Leviticus 19:32) - any sort of aged [person] is implied.
Torah sages should not personally take part in any communal work projects - e.g., building, digging, or the like - [to improve] the city, lest they become disgraced in the eyes of the common people. Money should not be collected from them to pay for building the [city] wall, fixing its gates, its watchmen's wages, and the like. [The same applies regarding] a present to be offered to the king. Similarly, they are not obligated to pay taxes - neither [their share in] a tax levied on the city as a whole nor a head tax levied on each individual - as [Hoshea 8:10] states: "Although they will give among the nations, now I will gather them; in a little while, they will be released from the burden of the king and his officers." Similarly, if a Torah sage has merchandise to sell, he is allowed to sell it first, and no other person at the marketplace is allowed to sell until he does. Similarly, if he has a legal matter and stands among many other litigants, he is given priority. [Also,] he is allowed to sit.
It is a great sin to disgrace Torah sages or to hate them. Jerusalem was not destroyed until [its inhabitants] disgraced its sages, as implied by [II Chronicles 36:16]: "And they would mock the messengers of G-d, despise His words, and scoff at His prophets" - i.e., they would scorn those who taught His words. Similarly, the Torah's prophecy [Leviticus 26:16]: "If you despise My statutes" [should be interpreted]: "If you despise the teachers of My statutes." Whoever disgraces the sages has no portion in the world to come and is included in the category: "Those who scorn the word of G-d" [Numbers 15:31].
Even though a person who disgraces a Torah sage will not receive a portion in the world to come, if witnesses come [and testify that] he disgraced him, even if only verbally, he is obligated to be placed under a ban of ostracism. This ban is publicly announced by the court. Also, wherever he is located, he is fined a litra of gold, which is given to the sage. Even one who disgraces a sage after his death is placed under a ban of ostracism by the court. They should release the ban when he repents. In contrast, if the sage is alive, they do not release the ban until he appeases the sage for whose [honor] he was ostracized. [To protect] his honor, a sage may issue a ban of ostracism against a common person who acted outrageously against him. He does not need witnesses, nor must [the offender] have been warned. The ban is not lifted until he appeases the sage. If the sage dies, three people may come and lift [the ban]. If the sage desires to forgive him and not place him under ban, he is permitted to do so.
If a teacher placed a person under a ban of ostracism because of his honor, all of his students are obligated to treat the person in the required fashion. However, if a student issued a ban of ostracism because of his honor, his teacher is not obligated to abide by the terms of the ban. Nevertheless, all other people are obligated to do so. Similarly, when a person is placed under a ban of ostracism because of the nasi, all Jews are obligated to abide by the terms of the ban. However, if a person is placed under a ban of ostracism because of any Jew, the nasi is not obligated to abide by it. When a person is placed under a ban of ostracism because of his city, other cities must also abide by this ban. However, if he is placed under ban by other cities, his own city need not abide by the ban.
When does the above apply? When the ban was imposed because he acted disrespectfully to a Torah sage. However, a person who was placed under a ban of ostracism for another reason for which such a ban may be declared - even if the ban was declared by a person of the lowest stature in Israel - the nasi and all Jews are obligated to abide by the terms of the ban until he repents for the matter for which the ban was imposed, and the ban is lifted. A ban of ostracism is imposed upon a person - either man or woman - for [the following] 24 reasons: a) a person who disgraces a sage, even after his passing; b) a person who embarrasses a messenger of a court; c) a person who calls a colleague a slave; d) a person who was ordered [to appear before] a court at a specific time and did not come; e) a person who treats even one point of Rabbinic law with disrespect; needless to say, this applies regarding [matters of] Torah law; f) a person who refuses to comply with the decisions [rendered by a court] is placed under ban until he complies; g) a person who possesses an entity that can cause damage - e.g., a dangerous dog or a faulty ladder - is placed under ban until he removes that entity; h) a person who sells land to a gentile is placed under ban until he accepts responsibility for any damages which the gentile may cause his Jewish neighbor; i) a person who testifies against a Jewish colleague in a secular court and causes money which Torah law would not [require him to pay] to be expropriated from him is placed under ban until he repays [that amount]; j) a butcher who is a priest and does not separate the priestly gifts and give them to another priest is placed under ban until he gives them; k) a person who violates the sanctity of the second day of the festivals in the Diaspora, even though [their observance] is only a custom; l) a person who performs work on Pesach eve after noon; m) a person who takes G-d's name in vain or takes an oath casually; n) a person who causes the many to desecrate G-d's name; o) a person who causes the many to eat sacrificial food outside [its proper place]; p) a person who calculates the years [and declares a leap year] or fixes the day of the new month in the Diaspora; q) a person who causes the blind [ - i.e., the morally unaware - ] to stumble; r) a person who prevents the many from performing a mitzvah; s) a butcher who sold non-kosher meat; t) a butcher who does not inspect his knife in the presence of a sage; u) a person who intentionally causes himself to have an erection; v) a person who divorced his wife, and then entered into a partnership or business dealing with her which requires them to come into contact. When they come to court, they are placed under ban; w) a sage whose reputation is unsavory; x) a person who places a person under ban when the latter does not deserve [such punishment];
Chapter 7
Chapter 7
Even though a sage who is distinguished for his wisdom, the nasi, or the av beit din acts shamefully, they should never be publically placed under a ban of ostracism unless their deeds resemble those of Jeroboam ben Nevat and his colleagues. However, if one [of these individuals] performs other sins, he should be lashed privately, as [implied by Hoshea 4:5]: “You shall stumble during the day and the prophet will stumble with you at night” - i.e., even though he stumbles, cover him like night. He is told: “Preserve your honor and stay at home.” Similarly, whenever a Torah sage is obligated to be ostracized, it is forbidden for a court to act rashly and pronounce a ban hastily. Instead, they should shun the matter and try to avoid it. The pious among the Sages would be proud of the fact that they never participated in the ostracism of a Torah sage. Nevertheless, they would participate in sentencing him to be lashed. They would even participate in sentencing him to receive “stripes for rebellion.”
How is the ban [issued]? The [court] pronounces: “So and so shall be ostracized. If the ban is issued in his presence, [the court] pronounces: “This [person], so and so, shall be ostracized.” A ban of excommunication [is issued as follows]: They tell him: “So and so is excommunicated.” The expression “He is cursed” implies a curse, an oath, and a ban of ostracism.
How is a ban of ostracism or excommunication lifted? They tell him: “You are released. You are forgiven.” If the ban is lifted outside his presence, they say: “So and so is released. So and so is forgiven.”
What are the practices that must be observed by the person who is ostracized and those who come into contact with him? a) he is forbidden to cut his hair or launder his clothes, like a mourner throughout his entire period of ostracism; b) he is not included in a zimmun, nor in a quorum of ten with regard to any matter that requires ten; c) no one should sit within four cubits of him. He may, however, teach others and others may teach him. He may be hired and may hire others. If he dies while under ban, the court sends [an emissary who] places a stone on his coffin, as if to say that they are stoning him because he was separated from the community. Needless to say, eulogies are not recited for him, nor is his bier accompanied.
A person who is excommunicated has even more [severe restrictions]. He may not teach others and others may not teach him. Nevertheless, he may study himself, so that he does not forget what he has learned. He may not be hired, nor is he allowed to hire others. We should not engage in trade with him. [Indeed,] we should not have any business dealings with him except the bare minimum necessary for his livelihood.
When a person was ostracized for thirty days and did not seek to be released from the ban, he is placed under a second ban. If he was ostracized for a second thirty days without seeking release, he is excommunicated.
How many [people] are necessary to release [a person from a] ban of ostracism or excommunication? Three. They may even be commoners. A single judge with unique expertise may release [a person from a] ban of ostracism or excommunication alone. A student may release [a person from a] ban of ostracism or excommunication even in the place of his teacher.
When three individuals issue a ban of ostracism, and then depart, if the person who was ostracized improves his behavior with regard to the matter for which he was ostracized, three others may come and release him [from that ban].
A person who does not know who placed him under a ban of ostracism should approach the nasi who may release him from that ban.
If a ban was issued conditionally, even if one imposed that [conditional ban] on himself, it must be nullified [before ordinary interaction with the person is permitted]. If a Torah sage issued a ban of ostracism against himself, even if he made that ban conditional on the consent of another person and even if he issued it because of a matter which requires ostracism, he may nullify the ban himself.
Whenever a person dreams that he was placed under a ban of ostracism, even if he knows who issued that ban, ten people who are proficient in Torah Law are required to release him from that ban. If he cannot find such people [in his immediate surroundings], he must journey a parsah in search of them. If he cannot find [these people within that distance], the ban can be released even by ten people who study Mishnah. If he cannot find [such people], the ban can be released even by ten people who know how to read the Torah. If he cannot find [such people], the ban can be released even by ten people who do not know how to read. If he cannot find ten people in his place, the ban can be released by three ordinary people.
Whenever a ban of ostracism is imposed in a person's presence, it should only be lifted in his presence. If it was issued outside his presence, it may be lifted in his presence or outside his presence. There is no [fixed amount of time] between the issuance of a ban and its release. Instead, one may issue a ban and lift it immediately if the person placed under ban improves his behavior. However, [if the court sees fit for this individual to remain under ban for a number of years, they may extend [the ban] according to his wickedness. Similarly, if it sees fit, the court is entitled to excommunicate a person at the outset or to excommunicate anyone who eats, drinks, or stands within four cubits of a person who has been ostracized. [This power is granted] to cause [the banned person] hardship and [thus,] create a fence around the Torah, so that it will not be violated by the sinners. Even though a Torah sage may place a person under a ban of ostracism [to preserve] his honor, it is not praiseworthy for a sage to accustom himself to this practice. Instead, he should turn his ears from the words of the common people and not pay attention to them, as Solomon said in his wisdom [Ecclesiastes 7:21]: “Also, do not pay heed to all the words that are spoken.” This was the practice of the pious of the early generations. They would hear their shame and not answer. Furthermore, they would pardon and forgive the person who insulted them. The great sages would take pride in their pleasant deeds, relating that they never issued a ban of ostracism or excommunication [to protect] their honor. This is the path of the sages which is worthy of being followed. When does the above apply? When [the person] spurned or embarrassed [the sage] in private. However, if one spurns or embarrasses a sage in public, it is forbidden for the sage to forgo his honor. Indeed, if he does so, he is punished, because the disrespect of the Torah is involved. Instead, he should seek vengeance and carry enmity over the matter like a snake until the offender requests to be pardoned. Then, he should forgive him.
