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Rambam, Laws of Torah Study, Chapter 6 – Honor of Torah Scholars

Introduction to Chapter 6

We are learning the Rambam, Laws of Torah Study, Sefer HaMada, Chapter 6, Honor of Torah Scholars. We’re going to give a shiur here about the Torah scholars.

The Rambam says, we already learned in the previous chapter the laws of honoring one’s teacher, how much a person must honor his teacher. And at the end, the Rambam said that there are two types of teachers: there is a rav muvhak, the teacher from whom he learned most of his Torah, and then there is a teacher from whom he learned something, like a teacher who is a colleague. But all of this concerns a person’s own teacher, from whom a person learned directly. But then there is a law, even someone from whom you did not learn directly, but he is a talmid chacham, there is also the same mitzvah to honor him.

Law 1 – The Mitzvah to Honor Every Torah Scholar

The Rambam’s Language

The Rambam says: “Every talmid chacham” – every talmid chacham. Talmid chacham. The Rambam calls, and in the world we are called talmidei chachamim. It could be that it’s based on this, because if a person has a rav muvhak, then everyone is a student of a sage. But it means a student of sages, not necessarily the sage himself. Let’s say there are certain sages, the level of sages is very high, but there are more talmidei chachamim, those who always learn from the sages. So every talmid chacham, everyone who learns from wisdom, “it is a mitzvah to honor him” – one must honor and respect him. Yes. “Even though he is not his teacher” – even if he is not his teacher, one must honor him, “as it says ‘You shall rise before the aged and honor the face of the elder.'” And Chazal expounded…

Discussion: What Does “Zaken” Mean?

Speaker 1: Doesn’t it mean a zaken, an old person?

Speaker 2: It also means that, but first…

Speaker 1: So the simple meaning of the verse is shiva literally, an old person?

Speaker 2: Yes, we’ll see here. How does the Rambam also bring chacham here, and is this all in the same context?

Speaker 1: But it means both, but it primarily means the one who is “zeh shekanah chochmah”. Zaken means, it’s an acronym, “zeh kanah”. It means that one must honor the face of a talmid chacham who has acquired wisdom.

Speaker 2: Yes, I think it’s not so far from the plain meaning, because zaken, often, it says “Gather to me seventy men from the elders of Israel”. It doesn’t necessarily mean certain old people. But usually the elders are the talmidei chachamim, because they would have time to learn and become a leader. But zaken usually means like in English we say the elder, the leader, the one who leads there, the master. I think the Gemara says that the reason we honor a zaken is also because a zaken has had many adventures during his life or has been through a lot, so he has acquired something. That means that every person is also somewhat wise, because he has had a lot of life experience. This is the interesting thing, that the acquisition of wisdom is always the reason.

The Source of the Verse – Chapter 5 vs. Chapter 6

The Rambam says this, “However, there is an obligation to stand before a sage only when he is his teacher.” We must know, the verse is in the Rambam in Sefer HaMitzvot, and here in the enumeration of the mitzvot, not at the front of the laws but at the beginning of the book, he said that this is the source for the entire mitzvah of honoring one’s teacher as well. That means that one honors the teacher also you should stand “before the aged you shall rise.” It’s interesting that he only brings the verse here in Chapter 6, he could have brought it at the beginning of Chapter 5 as well. It appears in the language of Sefer HaMitzvot, that essentially the mitzvah is “before the aged you shall rise,” and there is an extra obligation on your teacher that you must honor him even more. Here it appears reversed, here it appears that your teacher, and not just your teacher but also the others.

It appears in the Rambam above that the teacher is a much greater obligation, because the teacher is “as if showing the face of the Shechinah” and there are all these, and also the manner of honor. Here he mainly discusses standing up, this is a formal thing, one must know that he is elevated and distinguished and one stands up for him. But for the teacher there is all this that he comes before the father. That means that even though we learn it from the same verse, but from the law of the Gemara, that means with the sages, the laws already have many more conditions on honoring one’s teacher, it’s much more stringent.

The Measure of Standing for a Sage

He begins with standing up, “However, there is no obligation to stand before a sage” – this is what the verse says, but there it means yes every kind of honor, but “rise” is the main mitzvah, that one must stand up for a sage, for an elder. The Rambam says, “However, there is no obligation to stand before a sage except when he comes within four cubits of him”. For a rav muvhak it said from when one sees him, as far as the eye can see, yes? But for an ordinary sage it doesn’t need to be so far, only from when he comes close to four cubits, “until he passes before him” – until he passes by. For a teacher it said until one no longer sees his stature. For both, for a teacher one must be much more obligated than for a sage. And one can also see more levels in the chapter, in Law 6 one can see more levels of standing and honoring.

Law 2 – Standing That Contains Honor

Craftsmen and Standing

“Craftsmen do not stand before talmidei chachamim, and they are not told to stand before them when they are engaged in their work, and one does not stand before them neither in the bathhouse nor in the bathroom, as it says ‘rise and honor,’ standing that contains honor”. When a person is formal, he is dressed, he is in a normal place, there are formal things. But when… apparently, now you go into the dentist’s office, and a rabbi walks in there, apparently there is also no law of standing. The law of standing is when one calls the rabbi for an aliyah in the beit midrash, that is “standing that contains honor,” yes? I don’t know if I’m correct in practical halacha, but apparently this means “standing that contains honor” – at a simcha, at a place where there is some formality.

Financial Loss

“Craftsmen are obligated to stand before talmidei chachamim when they are engaged in their work”. When is one not obligated? If a person is a craftsman and he is in the middle of doing his work, must he stand up. But when? If he is not in the middle of working. But when is he not obligated? If someone is in the middle of working and he is engaged in his craft, he is in the middle of fixing something, and a sage passes by, he does not need to stand up. As it says, we learn it from a verse, “rise and honor”. What is honor? Honor means “standing that does not involve financial loss” – giving him honor. Honor doesn’t cost money. “So too standing that does not involve financial loss” – but a standing where the one who stands up will not have any financial loss. Yes, it will disturb him from the work, from the focus on the work for the short time. And it’s not just a short time, there is an order of when he passes by, “from when he recognizes him from four cubits until he passes before him”. It’s not just one second, it’s a minute, I know.

Law 3 – Not Averting One’s Eyes from a Sage

Very good. Further. “And from where do we know that a person should not avert his eyes from the sage so as not to stand before him?” A person might think that only if I see him, then I must stand up, but I can ignore him and pretend I don’t see him, and he won’t be offended because he sees I have my eyes closed. But this is such a trick, this is such a clever thing. On this the verse states, the Torah says “and you shall fear your God”. “Everything that is given over to the heart, it says about it ‘and you shall fear your God'”. Everything that is given over to the heart, that a person thinks people shouldn’t know. It says for example, when he didn’t wear techelet, because the tzitzit are worn falsely, fake, it says there “and one who fears Heaven will go out.” Such types of things it says in the verse.

Honor Is for Yourself

This is truly a matter that the master of mussar… The master of mussar perhaps means more, but the master of mussar means such things that no one will know. Because you know, it indeed says with closed eyes, or whatever, he just didn’t see. Sometimes a person just didn’t see. You actually did see. Who knows that you actually did see? No one knows. But you see here it’s a bit more, that the matter of honor is not just a public matter, but for yourself. That you should maintain what belongs to honor. He won’t be offended, people won’t know that you saw him, but for yourself there is a matter of honor.

Honor is not that he will be offended. Honor is that one must respect, one must give honor to the sage. Yes.

Law 4 – The Sage Should Not Burden the Public

The Rambam says further, “It is not proper for a sage… ah, people must honor the sage, but the sage cannot take advantage of this, to have benefit all the time going in and out of the beit midrash, because every time people stand up. And indeed sages, usually serious sages show, you can already see, “It is not proper for a sage to burden the people and direct himself toward them so that they will stand before him, rather he should go by a short route”. He should go on a path where the fewest people will pass by there. “And intend that they should not see him so as not to burden them to stand”**. He should go on a path so that people will see him as little as possible, to burden themselves to stand up.

Discussion: Why Not Give Jews Merit?

This is apparently like a continuation of the previous law. That is, the person should not turn away, but the sage should turn away. But it’s interesting, because apparently he has here an opportunity to give Jews merit with a positive commandment. But he’s talking about crowds where it will just disturb. You have here perhaps an order, I know.

The Early Sages

He says further, “The early sages would go around and walk on the outer path where those who recognize them are not found there so as not to burden them”. The sages used to go not on the regular path, they sought a detour so that people wouldn’t have to stand up for them. This is a matter of humility, or a matter of not exploiting people, not making people have to stand up for him too much. It’s a burden. Yes, it’s not human, because people stand up for you, means also that you must come, and all the time stand up, people should stand up for you, do you enjoy it? Well well.

Law 5 – Riding Is Like Walking; Order of Walking in Threes

Yes, and further… yes, the Rambam says further, “One who rides is like one who walks”, that means if one sees the rabbi coming in on an animal, on a camel, it means also like he’s walking, and one must also stand up. And consequently, from one who walks, just as one must stand up when a rabbi walks by, one must also stand up when the rabbi rides by.

The Rambam says further, when three people walk together, and one of them is the talmid chacham, is the rabbi, then the way of honor is that the rabbi should be in the middle, and the lesser of the group should go on the right side, and the smallest of the group should be on the left side.

Law 6 – Three Levels: Sage, Av Beit Din, Nasi

Further, one who sees a sage… now we’re going to learn, let’s try to say what we’re going to learn about, because otherwise I get confused. Now we’re going to learn, we learned yesterday, we already saw today, that there is a difference between a rav muvhak for whom one must stand as far as the eye can see, and a lesser sage for whom one must only stand within four cubits. Now we’re going to see more details about this, how each level, there is a sage, we’ll see an av beit din, a nasi, three levels. That means, besides the fact that there is a fourth level, rav muvhak, which doesn’t appear here, but here we’re going to learn three levels of how much one must stand up. That means, there is a whole order of standing up, it’s not a small matter.

Sage

He says, “One who sees a sage”, when someone sees a sage coming, “does not stand before him until he reaches within four cubits of him”. He says here “does not stand,” that means it’s not a more important thing if you already stand up earlier, but one only needs to stand up when he comes within four cubits. One could say that this is more direct, when you can be within four cubits and you stand up. Okay, until he reaches within four cubits of him, “and once he has passed”, he can already sit down.

Av Beit Din

But an av beit din, the av beit din, that means the head of the beit din, of the Sanhedrin, is “one stands before him”, then there is a greater honor one must do, like with the teacher, he stands up “from when he sees him from afar as far as the eye can see”, from when he sees him from a distance as far as the eye can see, “and does not sit until he passes behind him four cubits”. And after he passes by, more than with the sage, where immediately when he has passed by, let’s wait four cubits.

Nasi

“The head of the nasi, the nasi is”, one stands before him as far as the eye can see, one must stand up from when one sees him from a distance. “And does not sit”, he doesn’t sit down “until he sits in his place, or until he is hidden from his eyes”, until the sage sits down, or until he is hidden from his eyes, until he no longer sees him. Just like with a rav muvhak, one must stand up. The rav muvhak is apparently the same law as a nasi, so it appears.

The Rama says further, just as we learned earlier with a teacher, a teacher can forgive, “and a nasi who forgives his honor, his honor is forgiven”.

Law 6 – Order of Entry into the Beit Midrash

The Difference Between “On the Street” and “In the Beit Midrash”

Speaker 1: He says further, now the Rama says the order. So now, apparently earlier we spoke about when he’s just going, he’s passing by on the street, I know what. Now we’re talking about how he comes in when there is a halachic ruling, or he’s giving a shiur, or I know what.

Speaker 2: Yes.

Speaker 1: He says, “When the nasi enters”, when the nasi comes in, “all the people stand”, the public stands up, “and they do not sit until he tells them to sit”, until the nasi tells them they can sit.

He says, this is apparently not the same as before. Before we spoke about four cubits, he’s passing by. This is a new thing, when he stands before a congregation. Before we apparently spoke about an individual, where there is a mitzvah on you. Here we’re talking about the order of how it looks in the beit midrash, the order of things, the custom. This is also, the previous one apparently spoke not when he comes into the beit midrash, but when he’s going on the street, I don’t know where. And here we’re talking either from outside to the beit midrash, I don’t know.

Speaker 2: Yes.

Three Levels at Entry: Nasi, Av Beit Din, Sage

Speaker 1: He says, “When the nasi enters”, “When the av beit din enters”, when the av beit din comes in, one does to him a bit differently, what? Less, not the whole public stands up. Not the whole public needs to stand, but those who are closest to where he passes by stand up, “until he enters and sits in his place”, until he sits down. “And the rest of the people sit in their places”, the rest of the public can remain sitting. So there are two things: first of all, not the whole public, but two rows. And secondly, one doesn’t wait for him to say “sit.”

Then, the last, the lowest level, a simple sage, “Wherever he is revealed within four cubits, they stand before him”. When he comes, the people near whom he walks four cubits near them, “stand before him”, stand up. “One stands and one sits”, that means, it becomes such an up and down, this one stands up and that one sits down. Where he walks by, there where he walks by, one gives a stand up, “until he enters and sits in his place”.

This is all laws regarding kavod hanasi (honor of the president), that one should not give too much honor to the lesser ones. From the law of kavod hanasi, we give him a higher level, so automatically for the others one must give less. These are the three levels.

Halacha 7 – Children of Scholars and Torah Scholars: Jumping Over the Heads of the People

Speaker 1: He says further, bnei talmidei chachamim v’talmidei chachamim, the children of the scholars and Torah scholars, it’s like this, bizman shehatzibbur tzrichin lahem, when we need to have them, I don’t know, we need to have them come to the shiur, they should come to pasken for Jews, so generally it’s not derech eretz that a person should push in and come to the front, or push themselves to the top. But bnei chachamim v’talmidei chachamim, when we need to have them, mekaftzim al roshei ha’am, doesn’t literally mean crawling on the heads of the people. He uses such a language, that it doesn’t look like derech eretz when someone pushes through in front of other people, but for the honor of the bnei chachamim v’talmidei chachamim they may push in v’nichnasim v’yoshvim bimkomam, and come to the top, to the front.

Discussion: What Does “Mekaftzim Al Roshei Ha’am” Mean?

Speaker 2: You know there’s such an opinion that it doesn’t translate as “on the heads”? I don’t know, I once heard something about breaking heads, I don’t know.

Speaker 1: Whatever, it’s a language, it doesn’t mean mekaftzim al roshei ha’am.

Speaker 2: What’s the simple meaning? You think it means literally? I don’t know, I’m not an expert in these things, I mean, one can talk about what… I don’t know.

Speaker 1: It’s not the first time there’s a language that you know better than me.

Speaker 2: What does it say? That it doesn’t mean what it looks like. When he simply pushes through there, it looks like he’s walking on people’s heads. Okay. Like Rashi says sometimes that the thief is my enemy, as much as you know, you say it’s in Rashi, it’s in Rashi. Yes.

Discussion: Why Children of Scholars?

Speaker 1: But we need to understand, what’s the matter with bnei chachamim? Do regular bnei chachamim have some position? The chacham himself, one stands up for him, he doesn’t have this problem. Here we’re talking about bnei chacham, is that the gabbai, the son, he comes, I don’t know what to do there? Something like that, no? Isn’t that the simple meaning?

Speaker 2: Two things. He says, the Prisha says that it’s a matter of kavod hachacham that his close students and his children should be able to sit near him. It’s not the honor for the son, it’s the honor for the chacham. And he says that Rashi explains that in their days they used to sit on the ground, and if someone walks around when all the people are sitting on the ground, it looks like he’s walking on their heads. It’s not kavod hatzibbur, but for kavod hachacham one may do it. Okay.

And There’s No Praise for a Torah Scholar Who Enters Last

Speaker 1: Further. V’ein shevach l’talmid chacham sheyikanes l’acharona. It’s not a praise, not a virtue. If it happens, one may bring them in when the whole crowd is already sitting, but generally it’s not a nice thing for a talmid chacham that he should come late to the shiur and have to crawl over everyone. Otherwise he should do it in a more orderly way, he should come earlier before the crowd comes. But yes, if he went out l’tzorech, there’s a heter, chozer limkomo one may let him, then one lets him do the mekafetz al roshei am that he goes through everyone who’s already sitting.

Halacha 8 – Children of Scholars: They Turn Their Faces

Speaker 1: He says further, bnei chachamim sheyesh bahem da’at lishmoa, if bnei chachamim already have the understanding to comprehend the shiur from their father, from the rebbe, hofchim pneihem klapei avihem. Then they need to look at their father, they need to hear the shiur. But im ein bahem da’at lishmoa, hofchim pneihem klapei ha’am.

What’s the simple meaning? What’s the halacha, interesting halacha? What’s happening? So that it should be clear that they’re sitting there for the honor of their father. You understand? Because then they’re just a “prop”, yes? They sit facing the crowd, like at the top. One sees, the rebbe sits, banav kishtilei zeitim, they’re only from honor for the rebbe. But when they’re not hearing that they’re also students, they need to see their rebbe.

Halacha 9 – A Student Who Sits Before His Teacher Constantly

Speaker 1: Okay, another interesting halacha, talmid hayoshev lifnei rabbo tamid, yes? A student who has learned all kinds of halachos together, one stands up and so on. But what happens sometimes with a student who sits every day? He sits from early morning until night he sits there in front of his rebbe, the rebbe teaches. Does he stand up every time the rebbe goes out, comes in?

He says, no. Ein rashai la’amod mipanav ela shacharit v’arvit. Only twice a day may he make the standing for a chacham. Why? Shelo yehei chevodo merubeh mikevod shamayim. Because, ah, how many times does he daven tefillat ha’amida? Three times a day he stands up for… twice.

Discussion: Why Not Stand More Times for Kavod Shamayim?

Speaker 2: You actually need to know, why… why… not stand more times for kavod shamayim?

Speaker 1: It’s very important to know that one may not give more honor to the rebbe than to kavod shamayim. It’s important to remember.

He says that this is specifically when he sits before a rebbe tamid. It doesn’t mean if sometimes it happened by chance, then yes. This is when he does it every day.

The Rambam’s Addition of “Tamid”

Speaker 1: And it’s brought, the commentators on the Rambam here say, that the Rambam added the “yoshev lifnei rabbo tamid”. It doesn’t say so in the Gemara. In the Gemara it just says, “talmid hayoshev lifnei rabbo”. But the Rambam understood that this means that it can even be the same student when he goes outside he must yes, because it’s not kavod for the rebbe. Here you already know that you sit here every day and stand up so many times.

Halacha 10 – Standing for One Who Is Very Old

Speaker 1: The halacha says further. Until now what have we learned from the derash? That “zaken” means one who is a chacham. But what happens with the simple mikra, a simple zaken? We talked, I don’t know if that’s the simple mikra, but in any case.

The Rambam says, mipnei seiva takum, muflag bizkeina, one who is old and very old. Yes, he doesn’t say any numbers. Age has to do with according to the place and time. There were those times when people lived a shorter time, a seventy-year-old could be considered, today it means a ninety-year-old.

Discussion: What Does “Muflag Bizkeina” Mean?

Speaker 2: It depends how smart one is. You have a certain, as they say, the Gemara brings that this has to do with how much life experience one has received. So it depends. Sometimes people used to get life experience at ten, today one doesn’t even get it at ninety. So one needs to know.

Speaker 1: He points to some Rashi in Gittin that it means when one is ninety. Yes, there where it says muflag, “ki yavou yemei hara’a”, but I don’t know if the Rambam means the same definition as here. Okay, yes, the Rambam doesn’t tell us. So about this I think that muflag bizkeina means that in that place he’s considered very old. Zekeina is a very relative thing. There are areas or generations, nowadays when a person dies at eighty, oy, a bit of a tragedy, because longevity we already have today, baruch Hashem, there are people who live in their deep nineties. But that wasn’t the case thirty years ago.

Speaker 2: But that’s true from a medical perspective, but now we’re talking for our purposes from the point of whom one must respect. It’s not the topic because he lives longer. But muflag means more than the usual. And when we say usual, does it mean muflag in wisdom or… I don’t know. Muflag from most people.

Speaker 1: It fits in. What you’re saying that today it’s not such a terrible novelty that someone dies at ninety, so it doesn’t mean… One doesn’t get honor for surviving so long, right? One gets it for something… for his age, for his age compared to me, right? Let’s say like this, older than me, older than most people, older than… he received life experience. I don’t know if it has to do with many people living long.

Speaker 2: Okay.

Even a Chacham Who Is Young Stands Before a Very Old Zaken

Speaker 1: He’s very old, afilu eino chacham, even if he’s not a chacham, omdim milfanav, one must stand up for him. He says, v’afilu chacham shehu yeled – a chacham who is young, doesn’t mean a child, it’s relative, one who is a child compared to the old ninety-year-old – omed bifnei zaken muflag bizkeina, he must also stand up for the old Jew, v’eino chayav la’amod melo komato.

Discussion: For Whom Is “V’eino Chayav La’amod Melo Komato”?

Speaker 2: Does one go up to the chacham, or no one needs to? Apparently the chacham.

Speaker 1: The chacham doesn’t need to stand up melo komato, he stands up a bit for him to show him honor. As the Rambam says even to say actually—

Halacha 10 (Continued) – Honor for an Old Non-Jew

Speaker 1: Fine, apparently the chacham. Apparently one doesn’t need to stand up melo komato, “ela kedei lehadro”, only he stands up a bit for him to show him honor. As the Rambam says, “afilu zaken goy mehadrin oto bidvarim”, one speaks to him nicely, “v’notnin lo yad lisomcho”, and one gives him a hand to support him…

It doesn’t say that one must stand up for him, one must help him. It’s a new category.

But here it says, one must be mehadar him bidvarim, one must give a hand lisomcho, “shene’emar mipnei seiva takum”. “Kol seiva bamashma”. It doesn’t say seiva Yisrael, something like that, does he mean that?

Speaker 2: Yes.

Speaker 1: It doesn’t say seiva righteous, seiva righteous, or what?

Discussion: From When Is One a Zaken?

Speaker 2: Okay, an important halacha, one must remember. An old non-Jew one must give derech eretz and honor.

I think that an old Jew, old is from when one has grandchildren, that’s what I hold.

Speaker 1: Old, old.

Speaker 2: You’ve already made a wedding.

Speaker 1: I would say that anyone who is a grandfather. I think in the forties.

Speaker 2: Yes, I don’t know. Just as it goes, you say it’s getting colder, I say it’s getting more, because today many people make weddings for their children when they’re quite young, so one is already a zaken, one is already a grandfather. Perhaps we’re saying in other words a grandfather. I’m just saying.

Speaker 1: He says “muflag bizkeina”.

Speaker 2: Ah, already has great-grandchildren.

Speaker 1: He wanted to bring out that a grandfather who has a certain life experience, from what he spoke about. One who has made weddings for children is already a different level person, and not the same person as a young man. You don’t agree?

Speaker 2: Why wouldn’t I agree?

Speaker 1: So the Gemara says, Rabbi Yochanan stood up for an old non-Jew, he said, “How many adventures have passed over you”.

Speaker 2: Nu.

Speaker 1: So according to this apparently it has to do with life experience. It can sometimes be an old zaken who never left his town, he doesn’t have any… there are people who are at a young age.

I think that I’m already a zaken, without giving a note. I say, it depends how much he’s been through. One is more through the young years. It’s not after the… I don’t mean a note specifically troubles. Experience, things that teach a person things. It’s actually so, when a person has been through a lot he has advice to say, he has what to share with people. I’ll take him lehadir bidvarim, like listening to him, so on words one needs to think.

Halacha 10 – Privileges of Torah Scholars: Exemption from Public Work and Taxes

Speaker 1: Okay, the Rambam says further, talmidei chachamim, now we’re going to learn here which public, tzorchei tzibbur, are talmidei chachamim exempt from as kavod haTorah, and we exempt them from certain work.

The Rambam says, talmidei chachamim ein motzi’in otan l’atzman im kol hakahal bivnin vachafira shel medina. A king can command everyone to do work for the land, but talmidei chachamim we don’t command to do the work. What does this mean for the city? Yes, one needs to build a wall and the like. Talmidei chachamim we don’t command to do the work, kedei shelo yitbazu bifnei am ha’aretz, they shouldn’t become degraded that they’re on the same level as everyone.

V’ein govin mehen livnin hachoma v’tikun hash’arim uschar hashomrim v’chiyotzeh bahen, things that everyone must give to taxes, v’lo rodat shirut hamelech, we don’t take any tax from them. V’ein chayavin liten mas, any tax, bein mas hakatzuv al bnei ha’ir, whether a set tax, bein mas hakatzuv al kol ish va’ish, whether a tax that on each person one makes a separate unique tax according to what the anshei hamas decide on him.

Shene’emar gam ki yitnu bagoyim ata akabtzem, the derash goes something that “yitnu” is from the language of “yishnu”, you’ll already know a halachos, v’yachelu me’at mimasa melech v’sarim. It’s something further the derash, it goes something that… that what? That they’re exempt from the masa melech. I don’t remember exactly how the derash works. He doesn’t bring the derash. Okay, one must inform the IRS about this halacha.

Halacha 11 – Privileges in Commerce and in Court

Speaker 1: The Rambam says further, v’hamocher schora l’talmid chacham, manichin oto limkor techila, one must give him honor… not honor, one must give him… this is already more than honor. His little privileges. Yes, one gives him a chance in business that he should be able to sell faster. One who is not like him, send him first he should sell. No one may sell until the talmid chacham has finished selling.

Digression: The Story with the Chozeh of Lublin and the Apples

Speaker 1: We simply know the story when the Chozeh of Lublin sold apples. We know that the crowd ran, because all the Chassidim went to grab. But the Chozeh of Lublin thought, he’s going to use his… especially a widow, one must also help her. I don’t know if the widow gave it to him to sell.

A widow came and complained that she has no money. So the Chozeh of Lublin said, “What do you do?” She said that she understands in the market that she sells apples. And no one wants to buy. So the Chozeh of Lublin said, “Well, people don’t know what good apples these are.” And he went to the market, and he started calling out “Apples, apples”, until it was quickly sold out. It’s a well-known story that the Ruzhiner brings in Ahavat Yisrael.

But he held that especially for a widow it’s also fitting that one should… he came to use his law of talmid chacham that one should let him limkor techila.

Priority in Court

Speaker 1: “V’ein ma’amidin badin, v’yoshev bichol ba’alei dinin harbe, makdimin oto umoshivin oto.” The Rambam makes it very interesting, because usually by din one also knows that one may not be makdim, one may not give honor to a… by din one may not give honor. One makes the ba’al din himself. Both should sit, one must make them the same. But in the hallway or when he comes in, he should come in first. One doesn’t let him stand waiting. It doesn’t say that one gives him… the din must be equal, with tzedek.

Halacha 12 – The Punishment for Disgracing Torah Scholars

Speaker 1: The Rambam says further, “avon gadol levazot et hachachamim”. Until now there were halachos, the last two halachos were things that talmidei chachamim have certain privileges, one can call it, in the market and the like. Now we come to learn generally mussar on those who disgrace talmidei chachamim, and we’re going to learn here the punishment, halachos of disgracing a talmid chacham. First there’s a punishment from Heaven, and afterwards there will be that we can put him in cherem and make niddui on one who disgraces a talmid chacham.

The Rambam says, “avon gadol hu levazot et hachachamim o lisno’otan, onsho gadol.” It’s a great sin. Hating any Jew is a sin, but a talmid chacham is a sin, a great sin.

“Lo charva Yerushalayim ad shebizu ba talmidei chachamim.” He doesn’t say that it was a punishment, but then the destruction happened. One sees that this caused the destruction. Shene’emar malbizim mal’achei Elokim bozim devarav mit’at’im binvi’av, and afterwards it was that the wrath of Hashem came. As it says further in the verse.

“Bozim Devarav” = “Bozim Melamdei Devarav”

Speaker 1: That is, what does “devarav” mean? What did they disgrace the Almighty’s words? Not burning a Sefer Torah. Mevazeh melamdei devora, one disgraces those who teach the word of Hashem. The same thing, Chazal say, omer Torah ein min hashamayim, chukotai tim’asu, one is disgusted with the Almighty’s statutes, what does this mean? Melamdei chukotai tim’asu. Simply chukotai tim’asu means like the opposite of v’im bechukotai telechu. Simply also from that verse means prophets, but this is what Chazal say.

“Ki Devar Hashem Baza” – Losing Olam Haba

English Translation

Speaker 1: One who disgraces the sage, one who disgraces the rabbi, one who disgraces the Torah scholar, one who disgraces the teacher, he enters into the category of what the verse says “ki dvar Hashem baza” (for he has despised the word of God), what stands on this? For this stands the punishment of “hikaret tikaret hanefesh hahi” (that soul shall surely be cut off), and on this is “hikaret tikaret”. So the “karet” of the soul that the Rambam interprets means that he has no portion in the World to Come.

We already learned in Chapter 3 that also one who can learn and he doesn’t learn is also “dvar Hashem baza”. In short, it’s the opposite. But it fits very well, because earlier we learned that the rabbi brings to eternal life in the World to Come. If you disgrace the rabbi, you have no portion in the World to Come, because you didn’t learn. For the same reason.

Law 13 – Excommunication and Fine for One Who Disgraces a Torah Scholar

Two Punishments – Before Heaven and Before Man

Speaker 1: The Rambam says further, even though he knows that he has no portion, ein bo din adam shebiza, it doesn’t mean that he already gets his punishment in the next world, and there’s something of a principle of kum leiba deraban, and he doesn’t get any punishment here. No, it’s not so. Usually when one says “ein lo chelek”, it means that he has no other punishment except that. There is no other punishment.

The Rambam says, here there is indeed another punishment. What is it? Ein bo din adam shebiza, afilu bidevarim, chayav nidui. If a witness comes, even if he only disgraced him with words, he must be excommunicated. Menadem oto beit din berabim, the beit din should excommunicate him publicly, vekonsin oto litra zahav bechol makom, they fine him a piece of gold, a certain amount. And to whom must one give the gold? Notnin oto lechacham, to the sage whom he disgraced. It’s a good business, a sage who is disgraced, he receives a litra of gold. If there’s a beit din that can enforce it.

Disgracing a Sage After His Death

Speaker 1: Hamevazeh et hachacham bidevarim afilu le’achar moto, one who disgraces the sage and speaks words of disgrace about him even after his death, menadem oto beit din, the beit din puts him in excommunication. Ve’ein matirin oto ad sheyachzor biteshuva, but regarding a living sage, then teshuva doesn’t help before Heaven, just as he says Tehillim and he asks the Almighty, he will repent. Aval morech chacham chai, ein matirin lo ad sheyirtze, you see that he must go to him for his sake. When it also says that when a person says Tehillim, he means that he will repent, he says that the sage is indeed good, but here it doesn’t help, he needs that the other should agree, he should become appeased.

Why Doesn’t One Need to Go to the Grave?

Speaker 1: The question arises, why here doesn’t one say that he should go to the grave of the sage? Because that means it’s not personal. Only when he’s alive is it indeed personal, but when he’s dead he must do teshuva, on this he doesn’t say that he must go to the grave. I think it’s something else, when one insults such a person it’s very personal, here it’s a matter of honor of the Torah, his grave doesn’t have the honor of the Torah.

A Sage Forgives His Honor

Speaker 1: Bechaim hachacham atzmo mochel al kevodo, he doesn’t need to wait, even if there’s no beit din, the sage himself can forgive his honor, le’am ha’aretz shehifkir bo, the am ha’aretz made his honor ownerless. An interesting expression. Ve’eino tzarich lo yachid velo asara. Earlier we saw that fines occur in a litra of gold, for this one needs a beit din to forgive perhaps, but the sage himself, he’s there, it’s just forgiving himself.

Interesting, how the am ha’aretz made the beit din ownerless… The sage has something called his honor as a sage, the am ha’aretz said it’s ownerless, he disgraced him. The sage must reclaim his honor, he must himself say it’s not ownerless, my honor still stands in its place. He says, the sage doesn’t need a yachid or an asara to be able to forgive, he can forgive immediately when the other shows. Ein matirin lo ad sheyirtze et hachacham, and they don’t release him until he appeases the sage.

Release at the Grave

Speaker 1: Ve’im met hachacham, ba’im shlosha al kivro umatirin lo.

The Rambam says further, kol zeh im hachacham makpid al kevodo, but if one speaks of the sage forgiving him, indeed, yirtze beyado, he can also forgive, just as we already learned earlier that a Torah scholar can forgive his honor, and a nasi can forgive his honor.

Law 14 (Beginning) – Excommunication by a Rav: Application to Students

Speaker 1: The Rambam says further, harav shenidahu lichvodo… Not a cherem, we’ll see that cherem is another level in the next chapter I think. Nidui, he made an excommunication. We know that the common language, people use the word cherem, but halachically there’s a distinction, we’ll see it later.

But now the rabbi is going to elaborate what the law is regarding the cherem, what a person who is ben nidui must do. He says, he does this in another thing, here he wants to speak to whom the nidui applies, who is obligated to whom.

If the rabbi is obligated in nidui, if the rabbi excommunicates, all the students of that rav must accept the nidui that the rav decreed. But the student excommunicated regarding honor of a Torah scholar.

Law 15 – Who Is Obligated to Observe Excommunication – Hierarchy of Excommunication

This means that one must excommunicate him. But in halacha one doesn’t need to do so. One only needs to know the halacha that he is excommunicated, and what a person who is in excommunication must do.

He says, here he will speak to who is excommunicated, and applies to whom. Who obligates whom. Chayavim kol Yisrael linhog bo nidui. All the students of that rav must accept the nidui that the rav decreed.

Student Excommunicates – Rav Not Obligated

But if the student excommunicated regarding honor of a Torah scholar, but the student is not excommunicated for his own honor, the rav is not obligated to observe the nidui with him, but all the people are obligated to observe the nidui with him. The rav is not obligated because the student is below the level of the rav.

Nasi Excommunicates – All Obligated; People Excommunicate – Nasi Not Obligated

The same thing goes regarding the Jews with the nasi. The nasi excommunicated someone, all Jews must conduct themselves in excommunication. But if the Jews excommunicated someone, there’s no obligation for the nasi to conduct himself in excommunication.

Question: How Can a Student Excommunicate?

One must think how the student could have excommunicated. Perhaps it’s not in the presence of the rav, because in the presence of the rav he learned that he cannot rule and he cannot do things before his teacher. So it seems, because it’s honor of a Torah scholar, and he has a right. Perhaps it’s in a manner when he was indeed allowed, when it’s not in the rav’s area.

City Hierarchy

The same thing we continue further. If one was excommunicated in the city, the nidui is observed in all cities, not only… The point is, his city is a higher level than other cities. If his city excommunicated him, all the more so all other cities. But if another city excommunicated him, his city is not excommunicated.

What’s the reasoning? They know him better. They’re his people. They know. They’re not obligated. The same reasoning as the nasi and the rav. The student excommunicated, there’s no obligation for the rav to agree. The second city agreed, there’s no obligation for his people to agree. There it’s not.

The people of the city know with whom they’re dealing. If they excommunicated him, it’s a sign that excommunication is appropriate for him. But if he’s in a certain city and he committed a transgression, it could be that the people of his city know that he stumbled, and they know him better.

Law 16: The Distinction Between Excommunication for Honor of the Rav and Excommunication for Other Matters

The Rambam says, “echad hadevarim hachamurim she’ein nohagim bo nidui ela im ken shav biteshuva”. Then all these laws of who is obligated for which excommunication? Then if one made an excommunication because he was rebellious against the beit din, he has the leniencies that he’s only excommunicated from his city and so forth.

But mi shenidah al she’ar devarim shechayavim aleihem nidui, if one made even an excommunication regarding other things, the Rambam says, go calculate on which other things one declares an excommunication, this obligates afilu nidah katan shebeYisrael, even a simple small one, a simple Jew, we’re not speaking of an actual minor.

The smallest. Katan means the smallest, not a minor who needs to eat advice. Even the smallest of the group, even the simplest Jew excommunicated him, it obligates everyone, chayav hanasi vechol Yisrael linhog bo nidui ad sheyachzor biteshuva midavar shenidah alav. Until he does teshuva for the transgression that he did, for which they made the excommunication.

The Foundation of Excommunication – Honor of Torah, Not Personal Honor

So here one sees that it’s not exactly as they tried to say, because he doesn’t know what the halacha is. It’s far from honor. The rav doesn’t need to accept for the other’s honor. My city doesn’t need to care that in that city there’s a Torah scholar who wasn’t honored. Our city, our Torah scholars is our honor.

Law 17: The 24 Things for Which One Is Obligated in Excommunication

Now the Rambam is going to say on which things one actually makes excommunication. The Rambam says so, on twenty-four… But remember that it says in the Gemara on all these things that they’re all for honor of the rav, because all of them are essentially, or almost all of them are an idea that one doesn’t honor the enactments of the sages. One must honor the sage who lives now, but more the enactments of the sages.

It says in the Gemara, amar Rav Yosef, bechol da bekumei beit din menadem al kevod harav, vechol she’ein bo nidui meshamtin lei. The idea of the Rambam is not specifically beit din, but that each one can make the excommunication. Beit din means to say that this is what one must do, not that they’re obligated in excommunication. It’s a part of the things that are basically hard to understand who will excommunicate. But the point is, these are the things for which one is obligated in excommunication, not because you got into a fight with one rav, but because you got into a fight with the rabbinate, with the rabbis, with the Mishna, with the sages, etc.

Shalom, let’s now calculate on which things one is obligated in excommunication. “Al arba’a ve’esrim devarim menadem et ha’adam”. For twenty-four things one can put a person in excommunication. “Bein ish bein isha”. One can excommunicate a person, but… It’s not one can, one must on the contrary. One excommunicates the man or the woman if they transgressed on these things.

1. One Who Disgraces a Sage Even After Death

a. The first thing is, a mevazeh chacham afilu le’achar mita. This we learned, this is basically the first that we learned earlier.

2. One Who Disgraces an Agent of Beit Din

b. A mevazeh shaliach beit din. And with this disgrace of an agent of beit din, he disgraces the beit din, excommunication comes to him.

3. One Who Calls His Fellow “Slave”

c. A korei lechavero eved. If one calls his fellow “slave”, excommunication comes to him.

4. One Who Treats Lightly One Thing from the Words of the Scribes

d. A mezalzel bedavar echad midivrei sofrim. If one treats lightly an enactment of the sages or a law of the rabbis, and one does this mocking words of Torah, one treats lightly words of Torah, excommunication comes to him.

5. One to Whom Beit Din Sent and Set a Time and He Didn’t Come

e. We learned “one who disgraces an agent of beit din”, this is similar. Mi sheshalchu lo beit din, beit din sent an agent that he should come to beit din, vekavu lo zman velo ba. They gave him a time, and he didn’t come. Even if he was polite to the agent of beit din, but in practice he didn’t come, and it’s also a disgrace to the beit din.

6. One Who Didn’t Accept the Judgment Upon Himself

f. Mi shelo kibel alav et hadin. One was at a beit din and he didn’t accept the judgment, he doesn’t follow it. Umenadem oto ad sheyeshalem. One excommunicates him until he pays what the beit din said one must pay, or until he carries out.

7. One Who Has in His Possession Something Damaging – A Bad Dog or Broken Ladder

g. Mi sheyesh bireshuto davar hamazik, a kelev ra o sulam rua. One has a damaging thing, a bad dog, a wild dog, or a broken ladder, or a ladder from which one can be damaged. Umenadem oto ad sheyasir hizko. One excommunicates him until he removes the damage. A sharp thing. One sells dangerous drugs or whatever it is, I don’t know.

8. One Who Sells His Land to a Non-Jew

h. Hamocher karko shelo legoi. One sells his land to a non-Jew. And one speaks in a manner when Jews in the area need to have it. Umenadem oto ad sheyekabel alav kol ones sheyavo min hagoi leYisrael chavero ba’al hametzar. One excommunicates him until when, ad sheyekabel alav, he should accept upon himself all damages that will come from the non-Jew to his Jewish neighbor who borders. He has a neighbor next to him who will suffer from the non-Jew, because the non-Jew doesn’t have Choshen Mishpat, and the non-Jew will… If the non-Jew obligated him that he must pay. Fine, if the seller accepts that he pays the losses, then one removes from him the excommunication.

9. One Who Testifies Against a Jew in Non-Jewish Courts

The ninth thing is… Hame’id Yisrael be’arkhaot shel goyim, if one went to give testimony in non-Jewish courts, vehotzi mimenu bedeitam mamon shelo kedin Yisrael, and with his testimony he caused that a Jew had to pay money that according to Jewish law he wouldn’t have had to pay, menadem oto ad sheyeshalem, one puts him in excommunication until he pays the loss to that Jew.

10. A Kohen Butcher Who Doesn’t Separate the Gifts to Give to Another Kohen

The tenth thing is so, tavach kohen she’eino mafrish hamatanot litnm lekohen acher, a kohen who is a butcher, and he says “I’m myself a kohen, so I keep the gifts for myself”. Menadem oto. These are things where the obligation isn’t so clear, like the previous thing, doubtful cause, that here where the obligation isn’t so clear an excommunication comes to strengthen.

11. One Who Treats Lightly Hand Washing

But there are also things that are indeed clear, for example the eleventh thing, hamezalzel binetilat yadayim, even if it’s only a custom, but this is clear, there’s no question, but he’s in excommunication because he doesn’t honor the sages. I mean to say, things that need strengthening. The reason why one makes these excommunications is because it needs extra strengthening.

12. One Who Does Work on Erev Pesach After Midday

The twelfth thing, ha’oseh melacha be’erev Pesach achar chatzot, even if it’s not a Torah prohibition or what, only one must just… Eh, one already started to do before midday, but after midday everyone is obligated not to do the work.

13. One Who Swears in Vain – Desecration of God’s Name

Okay, the thirteenth thing is, hanishba lashav, we’re not speaking here of nullifying an oath, what’s the interpretation there? Just someone… What does he do? Is he making a rabbi now? No, it’s a desecration of God’s name, not the same thing. Something that has, I mean, a desecration of God’s name here. One learned in Tractate Torah various types of desecration of God’s name. About which desecration of God’s name it speaks.

Speaker 2: What do you mean you’re asking?

Speaker 1: Yes, let’s see if one explains more. He brings… He brings… He brings the Yerushalmi that it speaks of Choni HaMe’agel. That Shimon ben Shetach said to Choni HaMe’agel, “ilmalei Choni ata gazarti alecha nidui”. Why? Because he made it so that when it would have been his prayer, he made a prayer, when the prayer… He made a circle, when he made a circle. He said, if it wouldn’t have succeeded it would have been a desecration of God’s name. This means, a rabbi who makes promises, and if the promise doesn’t come, and the students say that it’s a desecration of God’s name, he’s obligated in excommunication.

15. One Who Brings the Public to Eat Holy Things Outside

Further, hamevi et harabim lidei achilat kodashim bachutz. Which number are we now?

Speaker 2: Fifteen.

Speaker 1: The fifteenth thing is, hamevi et harabim lidei achilat kodashim bachutz. One causes other people to stumble, this too is a Gemara. This comes from the foundations of Israel my people, that he… One can decree that it should look like one eats holy things outside.

16. One Who Calculates Years and Establishes Months Outside the Land

The sixteenth thing is, the law of establishing kiddush hachodesh (sanctification of the new month) and making the calculations for the calendar belongs to Eretz Yisrael (the Land of Israel). And if someone does it in chutz la’aretz (outside the Land), as it says in tractate Rosh Hashanah, just as if he didn’t accept the witnesses who came, even if they weren’t needed, that he is me’akev et harabim (delaying the public), because next time they won’t come, therefore he is chayav niddui (liable for excommunication).

19. A Butcher from Whom a Treifa Emerged

The nineteenth thing is, tavach sheyatza treifa mitachat yado (a butcher from whom a non-kosher animal emerged from his hand). A tavach means a shochet (ritual slaughterer), right? A shochet who… he didn’t check properly. He was machshil (caused to stumble) people.

20. A Butcher Who Didn’t Check His Knife Before a Sage

Speaker 2: Yes.

Speaker 1: The twentieth thing is, tavach shelo badak sakino lifnei chacham (a butcher who didn’t check his knife before a sage).

21. One Who Prepares Himself for a Transgression

Speaker 2: Yes, good.

Speaker 1: The twenty-first thing is, hamechaneh atzmo lidvar aveira (one who prepares himself for a transgression), this is also chayav niddui. But this is apparently very difficult to be menudeh (excommunicate) someone, but this means that he is chayav niddui.

22. One Who Divorced His Wife – And There Was Between Them a Partnership in Business

The twenty-second thing is, mi shegerusheha imo (one whose divorcée is with him), someone divorced his wife, vehaya beino leveinah shutafut bemasa umatan (and there was between him and her a partnership in business), does our father give to this one theft? He divorced his wife, but he continues doing business with her, so that they should remain in contact. Ksheba’u shneihem lebeit din menadin otam (when both of them come to court, they excommunicate them). Why do they come to court? Because they had a dispute in their partnership, yes?

He says further, I turned a page for two years…

22 (Continued) – One Who Divorced His Wife and Made Between Them a Partnership

The Rambam’s Words:

22 – One who divorced his wife and made between him and her a partnership or business dealings that bring them to znut (promiscuity), when both of them come to court, they excommunicate them.

Someone who divorced his wife, but he continues with her a partnership or business dealings that bring them to a situation of znut – when they both come to court, they place on both of them niddui.

Why do they come to court? Because they had a dispute in their partnership, yes?

23 – A Sage About Whom Bad Reports Are Spread

He says further:

23 – Chacham shemotzi’in alav shem ra (a sage about whom bad reports are spread) – a sage about whom people say bad things, there are rumors about him, is chayav niddui.

24 – One Who Excommunicates Unlawfully

24 is an interesting thing. This is to ensure that all these things shouldn’t be abused – a niddui on the one who makes a niddui if he is one chayav niddui. Just as one should fast a ta’anit chalom (fast for a dream) on the fast.

The Ra’avad’s Objection: Lifnei Iver

The Ra’avad explains, he says, that he struggled, a machshil et ha’iver (placing a stumbling block before the blind) – what is the novelty?

Says the Ra’avad, that it’s speaking of such a thing that appears in tractate Kiddushin, that someone hits his grown son, he is machshil him that he should hit back the father, or he should become worse – this is called a lifnei iver (before the blind).

The Ra’avad’s Objection: There Are More Than 24

The Ra’avad says that there are more, more than the twenty-four.

Summary: The Connection of Niddui to Honor of Sages

Anyway, this is a list of twenty-four prohibitions for which one is chayav niddui.

And all of these are essentially most of them – not all of them appear in the Gemara, of course – but most of them have to do with kavod chachamim (honor of sages): one doesn’t respect the sages who made takanot (enactments), or certain takanot that are most of the main things that one must strengthen and the like.

Therefore it comes in here in the laws of cursing a sage. The next chapters are entirely laws of niddui.

Yes, this too is by the way, since niddui is originally, it appears, the main niddui is made for kavod chachamim – that’s the thing. Twenty-four things that have a connection with kavod chachamim.

Two Versions in the Gemara

The Gemara has two versions in the Gemara, the list – it could be that all of them, one doesn’t know whether perhaps the Gemara had a different list.

In short, so, this is chapter 6 of the laws of Talmud Torah.