Rambams Laws Of Middot/Character : How a Talmid Chocham acts

[muman613]

The great Rambam wrote in his Sefer Mishne Torah a section which provided the laws of personal character traits of a Torah scholar. These laws relate to the inter-relation of the Scholar with the rest of society. The purpose of these laws is to improve the Torah scholar and provide a model of good character traits to the nations (so they will see the good which Torah study accomplishes)...


http://www.chabad.org/library/article_cdo/aid/910345/jewish/Chapter-Five.htm

Halacha 1

Just as the wise man is recognized through his wisdom and his temperaments and in these, he stands apart from the rest of the people, so, too, he should be recognized through his actions - in his eating, drinking, intimate relations, in relieving himself, in his speech, manner of walking and dress, in the management of his finances, and in his business dealings. All of these actions should be exceptionally becoming and befitting.

What is implied? A Torah Sage should not be a glutton. Rather, he should eat food which will keep his body healthy, without overeating. He should not seek to fill his stomach, like those who stuff themselves with food and drink until their bellies burst. They are alluded to by [the statement of] the prophet [Malachi 2:3]: "I will spread dung on your faces, the dung of your feasts." Our Sages explain: These are the people who eat and drink and make all their days like feast days. They say, "Eat and drink, for tomorrow, we will die."

This is the food of the wicked. It is these tables which the verse censures, saying: "For all tables are full of vomit and excrement; there is no room" (Isaiah 28:8).

In contrast, a wise man eats only one dish or two, eating only enough to sustain him. That is sufficient for him. This is alluded to by Solomon's statement: "The righteous man eats to satisfy his soul" (Proverbs 13:25).

Halacha 2

When the wise man eats the little which is fitting for him, he should eat it only in his own home, at his table. He should not eat in a store or in the marketplace, unless there is a very pressing need, lest he be viewed without respect by others.

He should not eat together with the unlearned, nor at those tables that are "filled with vomit and excrement." He should not eat frequently in other places, even in the company of wise men, nor should he eat where there is a large gathering.

It is not fitting for him to eat at another person's

except at a feast associated with a mitzvah, e.g., a betrothal or wedding feast - and then, [only] when a scholar is marrying the daughter of a scholar. The righteous and the pious of old never partook of a meal that was not their own. Halacha 3 When a wise man drinks wine, he drinks only enough to soften the food in his stomach. Whoever becomes drunk is a sinner, is shameful, and will lose his wisdom. If he becomes drunk before the common people, he desecrates God's Name. It is forbidden to drink even a small quantity of wine in the afternoon hours, unless it is taken together with food. Drink that is taken together with food is not intoxicating. Only wine that is taken after the meal is to be avoided. Halacha 4 Although a man's wife is permitted to him at all times, it is fitting that a wise man behave with holiness. He should not frequent his wife like a rooster. Rather, [he should limit his relations to once a week] from Sabbath evening to Sabbath evening, if he has the physical stamina. When he speaks with her, he should not do so at the beginning of the night, when he is sated and his belly [is] full, nor at the end of the night, when he is hungry; rather, in the middle of the night, when his food has been digested. He should not be excessively lightheaded, nor should he talk obscene nonsense even in intimate conversation with his wife. Behold, the prophet has stated (Amos 4:13): "And He repeats to a man what he has spoken." [On this verse,] our Sages commented: A person will have to account for even the light conversation that he has with his wife. [At the time of relations,] they should not be drunk, nor lackadaisical, nor tense - [neither both of them,] or [even] one of them. She should not be asleep, nor should the man take her by force, against her will. Rather, [the relations should take place] amidst their mutual consent and joy. He should converse and dally with her somewhat, so that she be relaxed. He should be intimate [with her] modestly and not boldly, and withdraw [from her] immediately. Halacha 5 Whoever conducts himself in this manner [may be assured that] not only does he sanctify his soul, purify himself, and refine his character, but, furthermore, if he has children, they will be handsome and modest, worthy of wisdom and piety. [In contrast,] whoever conducts himself in the ways of the rest of the people who walk in darkness, will have children like those people. Halacha 6 Torah Sages conduct themselves with exceptional modesty. They do not demean themselves and do not bare their heads or their bodies. Even when one enters a latrine, he should be modest and not uncover himself until he is seated. He should not wipe himself clean with the right hand. He should stay away from all others and enter a chamber beyond a chamber, a cave within a cave, and relieve himself. If he [must] relieve himself behind a fence, he should move far enough away that no one can hear the sound if he breaks wind. If he [must] relieve himself in an open area, he should be far enough off so that no one can see him baring himself. One should not speak while relieving himself, even if there is great need. Just as he conducts himself with modesty while in the latrine by day, he should [also] do so at night. One should always train himself to relieve himself in the early morning and after dark only, so that he [need] not go far off. Halacha 7 A Torah Sage should not shout or shriek while speaking, like the cattle and wild beasts, nor should he raise his voice overly much. Instead, he should speak gently to all people. [In addition to] speaking gently, he should take care not to stand at a distance, lest [his speech] appear like the speech of the haughty. He should greet all men [before they greet him], so that they be pleased with him. He should judge every one in a good light, speak favorably of his fellow man, [never mentioning] anything that is shameful to him, love peace and pursue it. If he sees that his words will be effective, and will be given attention, he should speak; if not, he should keep silent. What is implied? He should not try to placate a man in the moment of his anger. He should not question a man about his vow at the time he is making his vow, [but wait] until he is tranquil of mind and calm. He should not comfort a man while his dead is lying before him because [the bereaved] is unsettled until he has buried [his dead]. The same applies in other similar cases. He should not look at his fellow man at the moment of his humiliation, but turn his attention away. He should not distort facts, exaggerate a situation, or minimize it, except in the interests of peace and the like. The guiding rule is that he should speak only words of wisdom or in connection with acts of kindness and the like. He should not speak to a woman in the marketplace, even if she be his wife, or his sister, or his daughter. Halacha 8 A Torah Sage should not walk erect, with his head held high, as [Isaiah 3:16] states: "And they walked with necks outstretched and flashing eyes." He should not walk with a [short-stepped,] toe-to-heel, stately [gait] like [that of] women and the proud, as [Isaiah, ibid.] states: "walking and mincing as they go, tinkling with their feet." Nor should he run in public like a madman, nor bend over like a hunchback. Rather, he should cast his eyes downward as he [does when he] stands during prayer. He should walk in the market-place like a person preoccupied with his business affairs. From a man's carriage, too, one can recognize whether he is wise and a thoughtful person or mindless and a fool. Thus, Solomon said in his wisdom (Ecclesiastes 10:3): "On the road, too, when the fool walks, his mind is empty and he proclaims to all that he is a fool" - he informs everyone about himself, that he is a fool. Halacha 9 A Torah Sage's clothing should be attractive and clean. It is forbidden that [a] blood or fat [stain] or the like be found on his garment. He should not wear regal garb, e.g., clothes of gold and purple, which draw everyone's attention, nor the dress of the poor which shames its wearers, but attractive garments of the middle range. His flesh should not be visible under his clothing as [is the case when one wears] the exceptionally sheer linen garments produced in Egypt. His clothes should not drag on the ground like the dress of the haughty, but [should extend] to the heel and his sleeves [should extend] to his fingers. He should not let his cloak hang down, for that creates an impression of haughtiness, except on the Sabbath if he has no change [of cloak]. In the summer, he should not wear shoes that have often been mended and have many patches. He may do so in the rainy season, if he is poor. He should not go out in the marketplace perfumed, or with perfumed clothes, nor should he put perfume on his hair. However, he is permitted to rub perfume on his body if he does so in order to remove filth. Similarly, he should not go out alone at night, unless he has a set time to go out for his studies. All of these [restrictions are instituted] because of [possible] suspicion [of immorality]. Halacha 10 A Torah Sage manages his financial affairs judiciously. He eats, drinks, and provides for his household in accordance with his funds and [degree of] success without overtaxing himself. The Sages have directed [us] regarding the ways of the world: A person should eat meat only with appetite as [Deuteronomy 12:20] states: "If your soul should crave to eat meat..." It is sufficient for the healthy to eat meat [once weekly,] from Sabbath eve to Sabbath eve. If he is wealthy enough to eat meat every day, he may. The Sages have [also] directed us, saying: One should always eat less than befits his income, dress as befits [his income], and provide for his wife and children beyond what befits [his income]. Halacha 11 The way of sensible men is that first, one should establish an occupation by which he can support himself. Then, he should purchase a house to live in and then, marry a wife. [This order of priorities may be inferred from Deuteronomy 20:5-7], which states: "Who is the man who has planted a vineyard, but not redeemed it...;" "who is the man who has built a house, but not dedicated it...;" "who is the man who has betrothed a woman, but not taken her [to wife]..." In contrast, a fool begins by marrying a wife. Then, if he can find the means, he purchases a house. Finally, towards the end of his life, he will search about for a trade or support himself from charity. [This is also implied by the order of] the curses mentioned [in Deuteronomy 28:30]: "You shall betroth a woman..., you shall build a house..., you shall plant a vineyard;" i.e., your behavior will be disordered so that you will not succeed in your ways. However, in regard to blessing [I Samuel 18:14] states: "And David was thoughtful in all his undertakings and God was with him." Halacha 12 One is forbidden to renounce ownership of, or consecrate, all of his possessions and [thereby,] become a burden to society. He should not sell a field and buy a house, [sell] a house and buy chattels, or use money [acquired] by [selling] his house for trade. Conversely, he should sell chattels to buy a field. The rule is that he should aim to improve his [financial position] and to exchange the impermanent for the permanent. His intention should not be to enjoy slight momentary pleasure, or to enjoy some slight pleasure [for which he] incurs a great loss. Halacha 13 A Torah Sage [should conduct] his business dealings with honesty and good faith. When [his] answer is "no," he says, "no;" when [his answer] is "yes," he says, "yes." He is stringent with himself in his accounting, gives and yields to others when he buys from them, but is not demanding [about what they owe him]. He pays for his purchases immediately. He does not act as a guarantor, or accept objects for deposit, or act as a debt collector for a lender. He accepts obligations in matters of buying and selling for which the Torah does not hold him liable, in order to uphold and not go back on his verbal commitments. If others have obligations to him by law, he grants them an extension and pardons them. He lends and bestows gifts. He does not encroach upon another's occupation, nor does he ever cause someone discomfort. The rule is that he should be among the pursued and not the pursuers, among those who accept humiliation but not among those who humiliate [others]. Whoever does all the above and their like, of him [Isaiah 49:3] states: "And He said to me, 'You are My servant, Israel, through whom I will be glorified.'”

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Commentary Halacha 1

Just as the wise man - This term provides the key to this chapter. Throughout the chapter, the Rambam uses the term talmid chacham (Torah Sage). However, he begins the chapter by using the term, chacham (wise man), to refer to his statements in Chapter 1, Halachot 4-5, which describe a wise man as one who constantly evaluates his behavior and follows the desired middle path.

is recognized through his wisdom and his temperaments and in these, he stands apart from the rest of the people, so, too, he should be recognized through his actions - Sefer HaMitzvot (positive mitzvah 8) describes the mitzvah of resembling God as seeking "to emulate Him - His good deeds and the honorable attributes with which He was described."

As mentioned in the commentary to the first chapter, in Hilchot De'ot, the Rambam puts a far greater stress on a person's emulation of God's "attributes" and less to the emulation of His deeds. Therefore, the first three chapters emphasize the importance of personality development and the methods with which we can refine our character traits. This chapter concludes the treatment of the mitzvah to emulate God and focuses on the "good deeds" that reflect the process of inner refinement described above.

In Chapter 3, the Rambam postulates that we must set two goals for our behavior:
a) an immediate and intermediary goal, the maintenance of physical health;
b) the ultimate goal, the knowledge and service of God.

In Chapter 4, he outlines a regimen of behavior that allows man to reach the first goal. In this chapter, he concentrates on the second and more complete purpose.

in his eating, - The commentaries have suggested the Sifre, Zot HaBrachah and Derech Eretz Zuta, Chapters 5 and 7 as sources for the Rambam's statements. However, neither of those sources is quoted verbatim. Rather, they serve as models which the Rambam uses as the basis for his own composition.

The Rambam elaborates on each of the particulars listed here in the following halachot. In regard to eating, see the second part of this halachah and Halachah 2.

drinking, - This refers to drinking wine. See Halachah 3.

intimate relations, - See Halachot 4-5.

in relieving himself, - See Halachah 6.

in his speech, - See Halachah 7.

manner of walking - See Halachah 8.

and dress, - See Halachah 9.

in the management of his finances, - See Halachah 10-12.

and in his business dealings.- See Halachot 13.

All of these actions should be becoming and befitting.

What is implied? A Torah Sage - Though the Rambam begins the chapter with the use of the term chacham (wise man), when he starts to speak of details, he employs the term talmid chacham (Torah Sage). Perhaps this implies that the peaks of character development epitomized by the chacham can only be achieved when one develops his wisdom in Torah study.

should not be a glutton. Rather, he should eat food which will keep his body healthy, - as described in the previous chapter. Furthermore, even when eating these foods, he should not overindulge.

without overeating. - In the previous chapter, Halachah 15, the Rambam warned against overeating from a health perspective. Now, he treats it as an ethical inadequacy and a departure from the desired middle path. See also Chapter 1, Halachah 4, Chapter 3, Halachah 2.

He should not seek to fill his stomach, like those who stuff themselves with food and drink until their bellies burst. - The Rambam underlines the negative aspects of the tendency to overindulge and gorge oneself on food by using an extreme example. See also the Guide to the Perplexed, Vol. III, Chapter 8, where he compares people who pursue gluttony to a slave who revels in dung.

They are alluded to by [the statement of] the prophet [Malachi 2:3]: "I will spread dung on your faces, the dung of your feasts." - We have translated the verse in keeping with the interpretation of our Sages quoted below. However, in its original context, the verse refers to those who bring the festival offerings without proper intent.

Our Sages - Shabbat 151b

explain: These are the people who eat and drink and make all their days like feast days. - Though it is a mitzvah to celebrate the Sabbaths and festivals with feasts, here we are referring to those who feast:
a) self-indulgently and without a commitment to fulfill God's will; and
b) constantly and not only on select occasions.

They say, "Eat and drink for tomorrow, we will die." This statement is found in Isaiah 22:13. However, the Rambam is not quoting the verse as a support, he is merely borrowing the expression to exemplify an existential search for pleasure.

This is the food of the wicked. It is these tables which the verse censures, saying: "For all tables are full of vomit and excrement; there is no room" (Isaiah 28:8). - The final word of the verse, makom, can also refer to God and thus, implies that God's presence is also lacking. Eating for the sake of indulgence is the direct opposite of the approach of "Knowing God in all your ways" described previously.

Avot 3:3 also quotes this verse and the Rambam alludes to that mishnah in the following halachah.

In contrast, a wise man eats only one dish or two, eating only enough to sustain him. That is sufficient for him. - As a source for eating two dishes, the commentaries have suggested Derech Eretz Rabbah, Chapter 7:

It happened that Rabbi Akiva served a meal to his students. [The servants] brought two dishes before them... they ate and were satisfied.

As a source for eating one dish, they point to (Sanhedrin 94b):

"And may the name of the righteous be blessed (Proverbs 3:33)" - this refers to Hezekiah, king of Judah, who ate [only] a litra of greens for a meal.

These sources notwithstanding, it appears that the Rambam is merely stating that a Sage should confine himself to simple and modest fare; he may not have had a specific source in mind.

This is alluded to by Solomon's statement: "The righteous man eats to satisfy his soul" (Proverbs 13:25). - Note the Rambam's use of this verse in Chapter 1, Halachah 4.

Commentary Halacha 2

When the wise man eats the little, which is fitting for him, he should eat it only in his own home at his table, - The previous halachah discussed the quantity of food and the attitude with which it was to be eaten. The present halachah concerns itself with the place and the company in which the wise should eat. It revolves around the principle that a person should be modest while eating and refrain from doing so in public. (See the Guide to the Perplexed, ibid.)

[He should not eat] in a store - Kol Ya'akov notes that this store may even be one specifically designated for eating, e.g., a restaurant, coffee-shop, or the like. Indeed, we find the Hebrew, chanut, used to refer to a place of eating in Bava Metzia 83b.

or in the marketplace, - Though the Jerusalem Talmud, Ma'aserot 3:2 mentions this prohibition in reference to a Torah Sage, the Babylonian Talmud, Kiddushin 40b condemns even a common person for such behavior, stating: "Whoever eats in the marketplace is like a dog." The passage in Kiddushin continues to explain that such a person is unacceptable as a witness and the Rambam quotes that law (Hilchot Edut 11:5).

The commentaries have attempted to resolve this difficulty in different ways: For example Tosafot, Kiddushin (ibid.) explains that a common person is condemned only if he eats a full meal in the market place, while a wise man should not eat anything at all in public. The Kessef Mishneh (Hilchot Edut) differentiates between eating in a crowded place - which is forbidden for everyone - and eating in a quiet corner - which is deemed improper only for a Sage. The Bach (Choshen Mishpat 34) explains that a common person is censored only for eating while walking through the market place, while the wise man should not eat in public even while standing in one place.

Nevertheless, it must be noted that in this halachah, the Rambam uses the expression chacham (a wise man), his ideal for a person with a developed personality, and not talmid chacham (a Torah Sage). Apparently, he does not differentiate between a Torah Sage and a common person in this matter and requires a refined, highly developed standard in meeting our physical needs from everyone.

unless there is a very pressing need, lest he be viewed without respect by others.

He should not eat together with the unlearned, - Sanhedrin 52b states that, at the outset, a common person will consider a Torah Sage to be like a vessel of gold. However, if the Sage derives benefit from the common person, he will come to regard the Sage like an earthenware shard.

Note Hilchot Yesodei HaTorah 5:11, where the Rambam equates the dining of a learned and pious man together with the unlearned with the desecration of the Name of God. See also Hilchot Sanhedrin (25:4) where he rules that communal leaders and judges should not eat and drink with the common people.

nor at those tables that are "filled with vomit and excrement." - This expression is obviously a reference to Avot 3:3:

[When] three eat at one table and do not speak words of Torah there, it is as if they eat from sacrifices to the dead [i.e., idols] as [Isaiah 28:8] states: "For all tables are full of vomit and excrement; there is no room."

In his commentary to this mishnah, the Rambam writes:

Previously, the verse dealt with eating and drinking while forsaking the Torah and those who study it. Therefore, all of these tables are considered as if excrement and filth; i.e., the foods of idol worship, are eaten upon them.

Furthermore,...

He - the wise man

should not eat frequently in other places, - outside his own home; i.e., the wise man, even when he eats in a private home and in the proper company, should limit the number of homes that he frequents (Pesachim 49a).

even in the company of wise men, nor should he eat where there is a large gathering. - The reason for these restrictions is, as the Rambam expresses in the Guide to the Perplexed (ibid.), a basic desire for a person, particularly when he relates to others, to emphasize the refined and developed aspects of his being and not those which he shares with other animals. Therefore, even when there is no danger of subjecting himself to undesirable influences or disgracing the Torah with which he is identified, he should refrain from performing a physical activity like eating in the presence of others.

It is not fitting for him to eat at another person's

except at a feast associated with a mitzvah, - Chullin 95b states that Rav would not partake of a meal in public unless it was associated with a mitzvah. e.g., a betrothal - This decision is not accepted by all authorities. Some do not consider such a betrothal feast as "associated with a mitzvah." Erusin translated as "betrothal," refers to the first stage of the marriage process, i.e., giving the woman the wedding ring. In Talmudic and post-Talmudic times, this ceremony was carried out before the actual wedding (nisuin). At present, we perform the two stages of the wedding, erusin and nisuin together. Thus, reference to what we term engagement as erusin is technically a misnomer. or wedding feast - and then, [only] when a scholar is marrying the daughter of a scholar. - Pesachim 49a mentions that weddings between scholars and common people are undesirable and should not be attended by a Torah Sage (Avodat HaMelech). The Rambam also deals with this subject in Hilchot Issurei Bi'ah, Chapter 21. The righteous and the pious of old never partook of a meal that was not their own. - Chullin 7b relates that even when Rabbi Yehudah HaNasi invited Rabbi Pinchas ben Yair to a meal, the latter Sage refused. Note also the Rambam's comments at the conclusion of Hilchot Zechiah U'Matanah. Commentary Halacha 3 When a wise man drinks wine, he drinks only enough to soften the food in his stomach. - Ketubot 8b states that wine is useful in the process of digestion. Whoever becomes drunk is a sinner, - The commentaries cite Berachot 29b: "Do not become drunk and do not sin;" a passage which seems to say that drink leads to sins. There is room for question for it appears that the Rambam views drinking itself as sinful. is shameful, - In the Guide to the Perplexed, Vol. III, Chapter 8, the Rambam castigates drunken revelry in the harshest terms: A drinking party is more shameful than a gathering of naked people [who] defecate together in daylight in one place. Elimination is a necessary human function. However, drunkenness is the voluntary act of the wicked man. and will lose his wisdom. - See Proverbs 31:5: "Lest he drink and forget the Law and pervert the judgement of all the poor." The Torah gives examples of the degrading effects of drunkenness (Noah, Genesis, Chapter 8; Lot, Genesis, Chapter 19). There are specific prohibitions against drinking - e.g. a priest is not allowed to perform the priestly services while under the influence of alcohol (Leviticus 10:9-11). Similarly, numerous passages throughout the Prophets and Sacred Writings castigate drunkenness. These are also paralleled in the rabbinic literature, e.g. Sanhedrin 70a, VaYikra Rabbah 12. If he becomes drunk before the common people, he desecrates God's Name. - Note the Rambam's remarks in Hilchot Sanhedrin 25:4: When a person is given a position of authority over the community... most certainly [he is forbidden] to eat and drink and become drunk in public and in a gathering of the ignorant or at a repast of friends. Woe to those judges who act with such affront to the Torah of Moses, who disgrace its laws and reduce it to the earth, bring it down to the dust and cause evil to themselves and their descendants in this world and the next. Most commentaries cite Pesachim 49a as the source for the Rambam's statement, however, that passage does not mention intoxication. The Zohar, Vol. I, 110a, specifically associates drunkenness with the desecration of God's name. Since intoxication is such an undesirable state... It is forbidden to drink even a small quantity of wine - Note Hilchot Tefilah 4:17 which considers a revi'it (between 3 and 5 oz.) of wine as slightly intoxicating. Since our wines are considerably weaker than those of the Rambam's time, it is questionable whether this measure would apply today. in the afternoon hours, - Avot 3:13 mentions wine that is drunken in the afternoon as one of four things which "remove a person from the world." Avot D'Rabbi Natan, Chapter 21, explains that drinking wine in the afternoon causes a person to "negate the entire Torah." unless it is taken together with food because drink that is taken together with food is not intoxicating - to the same degree as wine that is drunk without food. See the Rambam's commentary to the Mishnah, Pesachim 10:6. Only wine that is taken after the meal is to be avoided. Commentary Halacha 4 Although a man's wife is permitted to him at all times, - i.e., outside the restrictions of the niddah it is fitting that a wise man behave with holiness. - Though a Jew's commitment to holiness must encompass every aspect of his behavior, the Torah and our Sages have always emphasized the importance of this quality in regard to sexuality. There is no more powerful expression of man's basic, instinctual nature than sex. Therefore, precisely in this area, a Jew must reveal that his nature is not only material, that he possesses a spiritual dimension that lies at the core of his being and seeks expression. For this reason, the Jewish marriage bond is referred to as Kiddushin, emphasizing how kedushah, holiness, is a fundamental element in marriage. Similarly, Leviticus 20:7, proclaims "Sanctify yourselves and be holy, for I am God, your Lord," as a preface to the laws proscribing forbidden intimate relations. Sh'vuot 18b interprets the above verse as also including a command to conduct oneself in a holy manner within permitted relationships. The quality of holiness involves not only restraint, as mentioned in the ensuing statements, but also the manner in which relations are carried out. The Rambam elaborates on this aspect in Hilchot Issurei Bi'ah 21:9 and in his commentary to the Mishnah, Sanhedrin 7:4. He should not frequent his wife like a rooster. - The rooster is a widely used symbol of lust. The phrase used by the Rambam is quoted from Berachot 22a. See also Hilchot Tefilah 4:5. In Hilchot Issurei Bi'ah 21:11, the Rambam also elaborates on this matter, calling frequent intimate relations a severe blemish and boorish behavior which was frowned upon by the Sages. Rather, [he should limit his relations to once a week] - Ketubot 62a,b describes the frequency with which people involved in different occupations should engage in intimate relations (See also Hilchot Ishut 14:1-4.). The measure given here is the one allotted to Torah Sages. from Sabbath evening to Sabbath evening, - Ketubot (ibid.) states that Psalms 1:3: "It brings forth its fruit in its season" applies to such a person. [The commentaries note the continuation of the verse, "Its leaves will not wither", and interpret it as implying that the draining of physical energy caused by intimate relations which the Rambam described in Chapter 4, Halachah 21, will not occur when a person follows this schedule.] Iggeret HaKodesh (attributed to the Ramban) emphasizes that on the Sabbath, a person is granted a greater spiritual potential which enables him to maintain his bond with God even when involved in physical activities. if he has the physical stamina. - See Hilchot Ishut, Chapter 14, where the Rambam prescribes criteria for the frequency of intimate relations that are coordinated with a person's physical stamina. When he speaks - The Rambam quotes this euphemism for intimate relations from Nedarim 20b. with her, he should not do so at the beginning of the night, when he is sated and his belly [is] full, nor at the end of the night, when he is hungry; rather, in the middle of the night, when his food has been digested. - Note Chapter 4, Halachah 19. Iggeret HaKodesh explains that both during the time food is being digested and when a person is hungry, his emotional balance is somewhat disturbed and it is difficult for him to develop the proper attitude and spiritual awareness necessary to make intimate relations a Godly act. Nedarim 20b emphasizes that the midnight hour also allows a person to rest from all his worldly involvement. The quiet of the hour prevents him from being disturbed by other thoughts and he is able to concentrate on his wife alone. Despite the advantages of having relations at midnight, many contemporary authorities suggest that a couple not hold to this as a binding rule. If a couple have already begun thinking of sex, they should not be forced to wait until midnight to fulfill their desires. He should not be excessively lightheaded, - Previously (Chapter 2, Halachah 7), the Rambam cited a mishnah (Avot 3:16) which links lightheadedness and immorality. nor should he talk obscene nonsense even in intimate conversation with his wife. - Though a man should talk to his wife to prepare her for intimacy, he must be careful of what he says. Note the comments of VaYikra Rabbah 24:7. "And your camp shall be holy, that He see no lewd things in you" (Deuteronomy 23:15). The latter refers to unseemly speech. Rav Shmuel bar Nachman said: Lewd speech is obscenity. Behold, the prophet has stated (Amos 4:13): "And He tells over to a man what he has spoken." [On this verse,] our Sages - Chagigah 5b commented: A person will have to account - when being judged in the afterworld... for even the light conversation that he has with his wife. - for every aspect of a man's behavior is significant. [At the time of relations,] they should not be drunk, - For intimate relations to be a meaningful act, each of the partners must have all his faculties at his command. As mentioned in the following halachah, a proper attitude toward intimate relations will cause one to father children who are refined and attractive. The converse is also true. If parents engage in intimate relations in a coarse manner or if there is friction and lack of harmony between them, the children born of their union will have undesirable character traits. In particular, Nedarim 20b describes ten situations in which relations are forbidden and states that the children born of such unions are endowed with extremely negative tendencies. One of the undesirable states at the time of relations is drunkenness. See also the following halachah and Hilchot Issurei Bi'ah 21:12. nor lackadaisical, - People should not engage in relations except when motivated by desire (preferably a holy desire as explained in Chapter 3). For this reason, as mentioned below, a husband should spend time arousing his wife's desires. nor tense - Some manuscripts have atzubim- "depressed" - instead. Neither state of mind conforms to the attitude desired by the Torah as mentioned below. [neither both of them,] or [even] one of them. - The act of intimacy should be a true union between man and wife. Therefore, the partners must work on developing a single state of mind. She should not be asleep, nor should the man take her by force, - These two situations are also included among the ten prohibited relations mentioned in Nedarim 20b. against her will. - The Avodat HaMelech states that this statement also implies that one should not compel his wife to agree to intimate relations. See Eiruvin 100b. Rather, [the relations should take place] amidst their mutual consent and joy. He should converse and dally with her somewhat, - Chagigah 5b describes how the Sage, Rav, would abandon all formalities and inspire an atmosphere of relaxed happiness before intimacy. (Note the description of Rav in Chapter 2, Halachah 4.) so that she be relaxed. - Iggeret HaKodesh states: You should motivate her with words that move her heart and settle her mind and make her happy so that your mind will be fused with hers, and your intent with her intent. You should say some things that arouse her desire, feelings of connection, love, will, and romance, and others which lead her to the fear of God, piety, and modesty. He should be intimate [with her] modestly and not boldly, and withdraw [from her] immediately. - The commentaries note that the Rambam's statements are based on the following passage from Nedarim 20b: They asked Ima Shalom (the wife of Rabbi Eliezer): "Why are your children so attractive?" She replied to them: "He only engages in relations with me... at midnight. During intimacy, he uncovers a handbreadth and covers a handbreadth (i.e., engages in intimacy modestly) and it appears that a demon is pressuring him" (i.e., he would withdraw after completing the act of intimacy). Commentary Halacha 5 Whoever conducts himself in this manner [may be assured that] not only does he sanctify his soul, purify himself, and refine his character, but, furthermore, - in addition to these spiritual and ethical benefits,... if he has children, - The Rambam does not promise that children will be conceived. However, if conception takes place,... they - the offspring will be handsome - Note the passage from Nedarim quoted in the previous halachah. and modest, worthy of wisdom and piety. - Iggeret HaKodesh states: When a person joins together with his wife while his thoughts cleave to the spiritual realms, those thoughts draw down a sublime light which rests on that drop of semen... Thus, that drop of semen is always connected to that shining light. This is the mystic secret implied in [God's words to the prophet, Jeremiah, (1:5)]: "Before I formed you in the womb, I knew you;" i.e., He had already established a connection of shining light with the sperm [from which] that Tzaddik [was conceived] at the time of [his parents'] union. [In contrast,] whoever conducts himself in the ways of the rest of the people who walk in darkness - The latter phrase is borrowed, out of context, from Isaiah 9:1. will have children like those people. - The effect of improper intimate behavior on offspring is mentioned in Nedarim 20b and Eruvin 100b. Note our comments in the previous halachah. See, too, Hilchot Issurei Bi'ah 21:12. Commentary Halacha 6 Torah Sages conduct themselves with exceptional modesty. - With this statement, the Rambam establishes a connection with the previous halachah and sets the motif for what follows. Modesty is not simply a matter of dress, (this is discussed in halachah 9), but rather, an awareness of God which causes a person to cover head and body out of respect for the Divine Presence. The Rambam expands upon this concept in the Guide for the Perplexed (Vol. III, Chapter 52): He is constantly with us, observing us, as [Jeremiah 23:24] proclaims: 'Can a man hide himself in the secret places and I not see him,' says God." Understand this well. Know that when perfect men comprehend this, they achieve such humility, such awe and fear of God and a sense of shame before Him... that their private behavior with their wives and in latrines is like their public conduct with other people. Know that they have forbidden a man to walk with an erect carriage, because: "the entire world is filled with His glory" (Isaiah 6:3)... We are always in His presence... Thus, the greatest among the Sages found it difficult to bare their heads because the Divine Presence constantly hovers over man. They do not demean themselves and do not bare their heads, - Kiddushin 30a relates that Rabbi Chiya bar Abba once saw Rabbi Yehoshua ben Levi taking his son to school while wearing a makeshift hat. When Rabbi Chiya asked him the reason he was wearing such a head-covering, he explained that he was forced to leave his home in a hurry and was not able to arrange his turban. Nevertheless, he found it preferable to wear even a makeshift head-covering, rather than go out bareheaded. Kiddushin 31a quotes Rav Huna, the son of Rav Yeshoshua, as explaining that he would not walk four cubits bareheaded out of respect for "the Divine Presence which is above my head." (See also Zohar, Vol. III, p. 245b.) Similarly, Shabbat 156b relates that an astrologer told Rav Nachman bar Yitzchak's mother that he was destined to be a thief. From his earliest childhood, she trained him to avoid this fate. She would constantly tell him to cover his head "so that the fear of God will be upon you." or their bodies. - The Mishnah Berurah (2:1) lays down the following general rule: Any portion of our bodies which is usually covered should not be revealed unless there is a specific reason for doing so. Modesty, as understood in the present context, results from the awareness of the Divine Presence. The ordinary man experiences such awareness while at prayer when "he is as if standing before the Divine Presence" (Hilchot Tefilah 4:16) and then he is required not to bare his head (ibid. 5:5) or various parts of his body; e.g., his chest (ibid. 4:7) and his feet (ibid. 5:5). As emphasized in Chapter 3, Halachah 3, a wise man should try to be conscious of the Divine Presence at all times and places. As a result, he will constantly be modest. Though in Talmudic times and in the Rambam's era, personal modesty and covering one's head were considered the signs of a Sage (Kiddushin 8a) and a unique and special merit (Shabbat 118b), at present, both practices have been accepted as ordinary behavior for all observant Jews. Even when one enters a latrine, he should be modest and not uncover himself until he is seated. - Tamid 27b quotes Rav as giving his son the following advice: "Sit and reveal yourself. Cover yourself and stand." He should not wipe himself clean with the right hand. - Since the right hand is used to tie Tefillin (Berachot 62a) and is given priority over the left hand regarding service in the Temple (Zevachim 24a), the installation ceremony of priests (Leviticus 8:23), and other ritual manners, it is not proper that it be used for this function. Many authorities maintain that this restriction only applies when one is cleaning oneself with one's hand alone, but not when one uses toilet paper. He should stay away from all others and enter a chamber beyond a chamber, a cave within a cave, and relieve himself. - Berachot 62b derives this law from I Samuel 24:3's description of the behavior of King Saul. Though it is forbidden to delay relieving oneself (Hilchot Ma'achalot Asurot 17:31), our Sages did not give this prohibition precedence over the dictates of modesty (Shulchan Aruch HaRav 3:11). If - no latrine is available and he [must] relieve himself - These restrictions only apply to defecation. The Sages feared that refraining from urination might be damaging (Bechorot 44b). behind a fence, he should move far enough away that no one can hear the sound if he breaks wind. - I.e., even though an observer might see that he is squatting and thus, conclude that he is defecating, since the fence covers his lower body, there is no difficulty (Berachot 62a). If he [must] relieve himself in an open area, - where such a barrier is not available he should be far enough off so that no one can see him baring himself. - i.e., though the ultimate reason for modesty is the awareness of God's presence, there also is a dimension of modesty which implies respect for one's fellow man and restraint in revealing one's body and bodily functions in his presence. One should not speak while relieving himself, even if there is great need. - Berachot 62a states that "modesty and silence are appropriate for the latrine." Sanhedrin 19a states that women are allowed to speak in the latrine to prevent men from entering. Just as he conducts himself with modesty while in the latrine by day, he should also do so at night. - Berachot, ibid. Since modesty is practiced out of an awareness of God's presence, there is no difference between day and night (The Guide to the Perplexed, Vol. III, Chapter 52). One should always train himself to relieve himself in the early morning and after dark only, so that he [need] not go far off - to avoid others seeing him (Berachot, ibid.).

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Chapter 4 of Sefer Midda concerns teaching and learning Torah, and the respect given to the teacher in a Beit Medresh/(House of Study)...


http://www.chabad.org/library/article_cdo/aid/910977/jewish/Chapter-Four.htm


Halacha 1
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.

Halacha 2
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.

Halacha 3
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.

Halacha 4
If the teacher taught [a concept] and it was not grasped by the students, he should not become upset with them and display anger. Rather, he should repeat and review the matter, even if he must do so many times, until they appreciate the depth of the halachah.

Similarly, the student should not say "I understood" when he did not understand. Rather, he should ask again and again, even if he requires several repetitions. If his teacher becomes upset with him and displays anger, he should tell him: "My teacher, this is Torah. It is necessary that I study, and my powers of comprehension are weak."

Halacha 5
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.

Halacha 6
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.

Halacha 7
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.

Halacha 8
[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 question which concerns the analogy established on the basis of similar words.

If of the two questioners, one was a sage and one was a commoner, 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].

Halacha 9
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.

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Commentary Halacha 1
Torah should be taught only to a proper student - Psalms 50:16 states, "Wicked man, why do you discuss My laws?"

one whose deeds - his observance of the mitzvot

are attractive - or to a person whose behavior is unknown. - Berachot 28a relates that Rabban Gamliel restricted entry to the house of study to any student "whose inside did not reflect his outside" - i.e., to anyone whose character did not match his external appearance as a Torah scholar.

Rabban Gamliel's colleagues did not agree with this approach, and when Rabbi Eleazar ben Azariah was appointed in his place, these restrictions were lifted. That day, hundreds of students streamed into the house of study, and even Rabban Gamliel felt the need to reconsider his approach. (See Lechem Mishneh.)

[The Chiddushei Harim questioned Rabban Gamliel's change of heart. Did he not know that when the restrictions were lifted, more students would enter the house of study? However, Rabban Gamliel saw that once the students entered the house of study, the environment had a positive effect on their characters and prompted self-refinement. Therefore, he reconsidered.]

However, [a potential student] who follows bad ways should - first

be influenced to correct his behavior and trained to follow a straight path - of Torah living.

[After he repents, his deeds] are examined and - only then

he is allowed to enter the house of study to be instructed.

Our Sages said: - Chullin 133a

Whoever teaches an improper student is considered as if he throws a stone to Mercury - i.e., Mercury, the Roman god of wayfarers. His symbol was three stones positioned in the form of a triangle. He was worshiped by throwing stones at that symbol.

as [Proverbs 26:8] states: "As one who winds a stone in a sling - the worship of Mercury

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." - Shulchan Aruch HaRav (Hilchot Talmud Torah 4:17 and Kuntres Acharon 4:1) emphasizes that the restriction applies only to the teacher. The student, himself, should endeavor to study, and it is hoped that the Torah will motivate him to improve his behavior. (See Chapter 3, Halachah 5.)

Furthermore, if the student seeks very earnestly to study, even though he has not changed his behavior, he should be instructed, the teacher carefully balancing his reproofs with positive reinforcement. Our Sages (see the uncensored text of Sotah 47a) were highly critical of Rabbi Yehoshua ben Parchiah, who "pushed Jesus away with two hands," and thus caused him to forsake Judaism entirely.

Similarly, one should not study from a teacher who does not follow a proper path, even though he - the teacher

is a very wise man and his [instruction] is required by the entire nation, until he returns to a good path - Mo'ed Katan 17a relates that there was a Torah sage whose knowledge was needed by his community. However, because of his unsavory behavior, Rav Yehudah placed him under a ban of ostracism.

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: - Mo'ed Katan (ibid.)

If a teacher resembles "a messenger - The Hebrew malach also means angel.

of the Lord of Hosts," seek Torah from his mouth. - Implied is that in addition to having knowledge and the ability to communicate it, a teacher must be a paradigm of Torah behavior, fit to be emulated by his students.

If he does not, do not seek Torah from his mouth. - Chaggigah 15b questions how Rabbi Meir would study from Acher, a great sage who scorned the observance of mitzvot. It explains that Rabbi Meir followed the instruction of Proverbs 22:17: "Turn your ear, hear the words of the wise, and direct your heart to My intention," which implies that one can "hear the words of the wise" and, instead of being influenced by them, "direct your heart to My (God's) intention."

The Talmud continues, explaining that only a sage of stature who can "suck a pomegranate and discard its shell" may follow such a course of behavior. Most people should refrain from studying under such teachers.

Accordingly, the Lechem Mishneh concludes that the Rambam did not quote the passage from Chaggigah because, at present, there are none who are of a stature great enough not to be influenced by a teacher of improper character.

The Sefer Kovetz notes that the Rambam mentions this verse in the beginning of his introduction to the Guide to the Perplexed, alluding to the fact that, in composing that work, he had to follow Rabbi Meir's example and study under teachers whose behavior he would not desire to emulate. Nevertheless, this did not represent a contradiction to his omission of this teaching in the Mishneh Torah. We find that under extraordinary conditions, it is permitted to follow a minority opinion in the Talmud. Hence, when the Rambam saw the need to compose a text like the Guide to the Perplexed, he felt that under such conditions, he should follow Rabbi Meir's example.

Commentary Halacha 2

How is [Torah] taught? The teacher sits at the head and the students sit around him - in a half-circle. (See Sanhedrin 30b.)

so that all can see the teacher and hear his words. - Keritot 6a states: "When you sit before your teacher, look at his face, as [implied by Isaiah 30:20]: 'And your eyes shall behold your teachers.54

The teacher should not sit on a chair, [while] his students [sit] on the ground. Rather, either everyone should sit on the ground - Mo'ed Katan 16b praises King David for forgoing his royal honor and sitting on the floor to study together with the Rabbis.

or everyone should sit on chairs. - Megillah 21a notes that God told Moses (Deuteronomy 5:28): "stand together with me." Since God neither stands nor sits, the verse obviously refers to the proper approach to instruction, where no distinction is made between the teachers and the students.

Rabbenu Nissim and other commentators cite certain Talmudic passages which appear to contradict this principle. He explains that sometimes the teacher would sit in an upraised position, so that the students could hear his words more easily. Alternatively, when a sage possessed semichah, the distinct Rabbinic ordination conveyed in a line from teacher to teacher, stretching back to Moses, he was granted greater privileges.

Originally, the teacher would sit and the students would stand. - The Lechem Mishneh notes that this appears to be a direct contradiction to the principle of equality mentioned beforehand. However, he explains that the teachers were allowed to sit in order to be able to relax and transmit the subject matter more clearly. Hence, adopting that position does not represent any superiority over the students.

[However,] before the destruction of the Second Temple, everyone followed the practice of teaching while both they and the students were seated. - Megillah (ibid.) states:

From the time of Moses, our teacher, until Rabban Gamliel, people studied Torah only while standing; after Rabban Gamliel died, sickness descended on the world and they would study Torah while seated.

This refers to Rabban Gamliel the elder. Sotah 9:16 relates that when he died: "The honor of the Torah was nullified." Commenting on that Mishnah, the Rambam associates the nullification of the Torah's honor with the practice of studying while seated.

Commentary Halacha 3

If the teacher [desires] to instruct the students personally, he is entitled to do so. - Although it was common for Torah Sages to employ the services of a spokesman, there was no obligation to do so.

If he [desires to] teach through the medium of a spokesman - There is a difference of opinion between the commentaries regarding the function of this individual. Rashi, Yoma 20b, considers him to be a translator, and, indeed, that is the literal meaning of the term metargaman. In Babylon and even in Eretz Yisrael, the popular spoken language was Aramaic, while many of the Sages preferred to teach in Hebrew. Therefore, they would speak to the spokesman in a hushed tone in Hebrew, and he would translate the teachings to Aramaic and teach them to the public in a loud voice.

Others maintain that the spokesman was no more than a "human microphone." Rather than have the sage weary himself in speaking in a tone which all could hear, he would speak softly, and the spokesman would speak in a tone that all could hear. This opinion is supported by certain passages (e.g., Kiddushin 31b), which refer to the spokesman as amoriyah, which is the Aramaic for metargaman.

The Ra'avad mentions a third perspective, explaining that the spokesman also communicated the teacher's words in a manner that could be understood and grasped by the students. Rabbi Shalom Dovber of Lubavitch follows a similar, but not identical, view. In Yom Tov Shel Rosh Hashanah 5666, he elaborates on this concept in detail, explaining that the teacher was on too high a level to explain his ideas in a manner which the common people could understand. Therefore, he would employ a spokesman, who, though he was able to comprehend the teacher's statements, was on a level that his explanations would not be too sophisticated for the people to grasp. (See also Kohelet Rabbah 7:12, 9:24.)

The use of a spokesman was also a sign of honor and respect for the teacher. (See Rashi, Deuteronomy 32:44.)

the spokesman should stand between him and the students. The teacher speaks to the spokesman - in a hushed tone

and he announces the teaching to all the students - in a manner in which they could hear. (See Sotah 40a, Chullin 15a, from which we can derive a picture of the process of instruction.)

When they ask the spokesman a question, he asks the teacher - in a hushed tone, as explained.

The teacher, [in turn,] replies to the spokesman - in a hushed tone

and the spokesman replies to the questioner - out loud, so that others can hear.

The teacher should not raise his voice above that of the spokesman. - The Kessef Mishneh cites Berachot 45a, which quotes the manner in which Moses relayed God's words at the giving of the Torah (Exodus 19:19) as the source for this concept. Nevertheless, others note that the passage in Berachot refers to a metargaman who translates the Torah reading for the people, and is not necessarily relevant to the situation at hand. Rather, they suggest that the descriptions of the use of spokesmen in the passages cited above serve as the source for this idea.

Similarly, when the spokesman asks a question of the teacher, he should not raise his voice above that of the teacher. - as a mark of respect and deference.

The spokesman is not allowed to detract from, add to, or change [the teacher's words] - The Rambam's statements are quoted from the Jerusalem Talmud, Megillah 4:10. The Ra'avad differs, and quotes a narrative from Yoma 20b, which relates how Rav served as a spokesman for Rav Shilat and altered the connotation of his words. The Ra'avad explains that since Rav's scholarship was greater than Rav Shilat's, he was entitled to do so.

The Kessef Mishneh states that the Rambam did not mention such a possibility, because it is very improbable that a greater sage would serve as a spokesman for a sage of lesser stature.

unless he is the teacher's father or teacher - Rabbenu Nissim explains that a teacher or father is allowed to serve as a spokesman for his students, since they will not be jealous of the honor afforded him. The Kessef Mishneh relates that the Rambam's phraseology indicates a situation which is bidievad (after the fact), and ideally, neither a father or teacher should serve in this position.

There is one exception to the above principle, and, in the following situation, the spokesman should alter the teachers words...

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] - i.e., the teacher's father or teacher

mentioning the name of the teacher's father or teacher, saying: "So and so, the sage, said the following..." - Kiddushin 31b relates that when Rav Ashi's son lectured, he would tell the spokesman: "This is what my father and teacher said...," and the spokesman would say: "This is what Rav Ashi said..."

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. -Kiddushin (ibid.) mentions this concept within the context of the laws governing the respect due to one's father. (See Hilchot Mamrim 6:3.) This concept is also quoted in Chapter 5, Halachah 5, as an expression of the proper respect due a teacher.

Commentary Halacha 4

If the teacher taught [a concept] and it was not grasped by the students, he should not become upset with them - </>In Hilchot De'ot 2:3, the Rambam explains in detail how "anger is a very bad trait, and it is proper for a person to separate himself from it entirely."

He continues (ibid. 2:5) explaining how a teacher should instruct the students "in a composed and pleasant manner, without shouting." Here, as well, he does not center on the negative aspects of anger in its own right, but rather its impropriety as an educational technique.

and display anger. - Note the Mishnah, Avot 2:5, cited by the Rambam in the following halachah. Soferim 16:2 states: "One should teach the Talmud with a pleasant countenance and the aggadah with a patient countenance."

Rather, he should repeat and review the matter, even if he must do so many times, until they appreciate the depth of the halachah. - Deuteronomy 31:19 states that Torah must be placed in a student's mouth. Eruvin 54b interprets this as a charge to teachers, requiring them to review the subject matter with their students until the latter comprehend it fully. The passage continues, praising Rabbi Pereidah for teaching one of his students each point four hundred times.

Though patience is generally required of a teacher, there are times when he should display anger as explained in the following halachah.

Similarly, the student should not say "I understood" when he did not understand. - Derech Eretz Zuta, Chapter 2, states: If you desire to study, Do not say "I have comprehended it," when you have not.

Rather, he should ask again and again, even if he requires several repetitions. - The teacher's patient devotion to his students must be reflected by them. They must dedicate themselves to understanding their teacher's words and steadfastly apply themselves to their study until they comprehend.

If his teacher becomes upset with him and displays anger, he should tell him: "My teacher, this is Torah. It is necessary that I study, and my powers of comprehension are weak." - Megillah 28a relates that Rabbi Yehudah Hanasi gave such a reply to Rabbi Yehoshua ben Korchah after the latter impatiently rebuked him for what seemed an irrelevant question.

Commentary Halacha 5

A student should not be embarrassed - and therefore be prevented from asking questions]

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. - On the contrary, he should ask that it be repeated, and his colleagues are obligated to show him the courtesy of patiently listening to the repetition.

If he becomes embarrassed because of such matters, he will find himself going in and out of the house of study without learning anything. - Berachot 63b teaches: "Any student who humbles himself because of the words of Torah will ultimately be uplifted." Rashi explains that this refers to a student who asks all the questions that bother him even though his colleagues look down upon him.

Accordingly - This refers to both this and the previous halachah

the Sages of the previous generations stated: - Avot 2:5

"A bashful person will not learn, nor should the short-tempered teach." - The two faults lead to the same difficulty. The teacher will explain the subject matter in a manner which he thinks is correct. However, it will not be grasped by the students.

When does the above - the directive that a teacher should patiently repeat his words without displaying anger

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 - further repetition will not help, for the students will not concentrate then, either. Therefore,

he is obligated to display anger - This translation is based on Hilchot De'ot 2:3, which explains that a person may act in an angry matter to cast fear into the hearts of others. However, he, himself, should not be angry.

towards them and shame them with his words to sharpen their powers of concentration. - Since their difficulty stemmed from their lack of concentration, by forcing the students to apply themselves, the teacher will enable them to learn.

In this context, our Sages said: - Ketubot 103b relates that Rabbi Yehudah Hanasi mentioned this concept in his last will and testament. In particular, this advice was given to his son, Rabban Gamliel, with regard to the manner in which he should conduct himself as a nasi. The Rambam interprets the lesson as more general in nature and applies it to the relationship between every teacher and student.

"Cast fear into the students." - Similarly, Shabbat 30b states that a student must sit in utter dread of his teacher.

Therefore - in order to cultivate this aura of respect

it is not fitting for a teacher to act frivolously in the presence of his students. - In general, the Rambam advises against frivolous behavior, and favors a reserved, but pleasant and happy approach to others. (See Hilchot De'ot 2:7, 5:2.)

He should not amuse himself in their presence, nor should he eat and drink with them. - This does not imply that a teacher must demonstrate a totally stern approach. Shabbat (ibid.) relates how Rabbah would begin his lectures with a witty statement. His students would laugh and, afterwards, he would sit in awe and begin the lesson.

[These restrictions are intended] so that they fear him and study under him at a fast pace.

Commentary Halacha 6

The previous halachot mentioned the importance of asking questions. This and the next two halachot deal with the proper manner of asking such questions.

When the teacher enters the house of study, questions should not be posed to him until he gathers his powers of concentration. - lest he be prodded into responding hastily, without thinking out the matter in its entirety

[Thus,] a student should not ask until he sits - as mentioned in Halachah 2

and rests.

Two should not ask at once. - First, this is proper manners. Second, it is impossible to hear two people simultaneously.

A teacher should not be asked about an outside matter, but rather, [only] regarding the subject which they - he and the students

are involved with, lest he - not know the answer...

become embarrassed - and give an incorrect reply. Shabbat 3b relates that Rabbi Chiyya gave Rav this advice after he asked a question of Rabbi Yehudah Hanasi concerning an unrelated matter.

In the process of instruction...

The teacher may [deliberately] lead the students astray with his questions - asking about matters which are unrelated, to see whether the students can follow the line of thought.

Berachot 43b relates that Rabbah made certain statements that ran contrary to the Sages' teachings about the mitzvah of sending away the mother bird. The Talmud explains that he did this in order to check his students' knowledge. Eruvin 13a relates that Rabbi Akiva also made statements with a similar intent.

and the deeds he carries out in their presence to sharpen their powers of concentration - e.g., Chullin 43b relates that Rabbah inspected an animal to see whether it was kosher or not, in a manner which contradicted his own teachings. Here, too, it is explained that his intention was to test his students.

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 - Bava Metzia 97a relates that a teacher has the right to change the subject matter which the students are studying. However, it does not provide the explanation given by the Rambam here.

to spur them on. - to pique their curiosity and stimulate their desire to learn.

Commentary Halacha 7

The laws mentioned in this halachah, as well as those of previous and the subsequent halachot, are derived from the Tosefta, Sanhedrin, Chapter 7. Nevertheless, the Rambam does not quote these laws in the same order as the Tosefta.

A person should not ask a question while standing, nor should a person respond while standing. - for a person is more composed when seated. Berachot 27b and Tosafot, B'chorot 36a mention instances when questions were asked while standing. The Beit HaMelech explains that matters which do not require intense thought may be asked while standing, but matters which require concentration should be discussed when both the questioner and the teacher are seated.

Avodat HaMelech explains that the Rambam does not intend to imply that the student should not stand. On the contrary, were he to stand, that would be a sign of respect. Rather, he means that questions should not be addressed to a teacher while the latter is standing.

One should not ask from a high place, from far away, or from behind the elders. - This is not a sign of respect for the teacher.

A question should be asked of the teacher regarding only the subject which they are reading. - The Kessef Mishneh notes the apparent redundancy between this statement and a similar one in the previous halachah, and explains that, in the previous halachah, the Rambam meant that when studying the laws of the Sabbath, a student should not ask his teachers about the laws of the festivals. In this halachah, the Rambam teaches that even within the general subject of the Sabbath laws, while studying the laws of one melachah (forbidden act), a student should not inquire regarding another.

Many of the manuscript versions of the Mishneh Torah state k’inyan (to the point), rather than b’inyan sheheim koreim bo (regarding the subject they are reading). According to these texts, there is no redundancy. Rather, this halachah teaches that a student's questions should be direct, without mentioning any extraneous matters.

A question should be asked only with an attitude of awe. - Just as the Jews received the Torah on Mount Sinai with fear and awe, similarly, our study of Torah must be charged with similar emotions (Berachot 22a).

A person should ask concerning only three halachot [while studying] the same subject. - for it would be difficult for him to grasp more than three new concepts at a time. Also, it is not courteous to the other students for one person to be asking continually.

Commentary Halacha 8

[The following rules apply when] two people ask questions simultaneously: - A Torah Sage is obligated to answer all questions posed to him, regardless of who the questioner is or what he asks. Thus, this halachah does not rule out a response being given to a particular questioner, but rather establishes the priorities for those responses to be given.

If one question is to the point - This translation is based on the commonly published text of the Mishneh Torah. Other texts read b’inyan, which would be rendered "with regard to the matter (under discussion)." (See Rabbenu Nissim, Megillah)

and the other is not to the point, attention is paid to the question which is to the point - because it will be possible to answer in a direct manner.

[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. - Since, as mentioned in Chapter 3, Halachah 3, the greatness of Torah is that it leads to deed, questions that are directly related to deed are given precedence.

[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. - since questions of Torah law, while not necessarily immediately relevant to actual deed, provide guidelines regarding our future behavior. In contrast, the interpretation of Torah verses is a more abstract realm of study, further removed from our immediate behavior.

[If one question concerns] the interpretation of the verses of the Torah, and the other aggadah - i.e., the ethical and metaphysical realm of Torah teachings

attention is paid to the question which concerns the interpretation of the verses of the Torah. - Though they are somewhat removed from being practical guidelines for behavior, the former are still in the category of halachah - the aspect of Torah study that is related to deed and action. Hence, it is given precedence over aggadah, whose lessons are more personal and require a greater effort to internalize.

[If one question concerns] aggadah, and the other the inference drawn from a minor premise to a major one - a kal vichomer, a fortiori reasoning.This is one of the thirteen rules of Biblical exegesis mentioned by Rabbi Yishmael in the introduction to the Sifre.

For example, Bava Metzia 3b attempts to derive the following concept using a kal vichomer:

Just as a person's own statements, which do not obligate him to pay a fine [and hence, can be considered a minor premise], obligate him to take an oath, the testimony of witnesses, which does obligate him to pay a fine [and, hence, can be considered a major premise,] should also obligate him to take an oath.

attention is paid to the question which concerns the inference drawn from a minor premise to a major one. - As above, though the latter subject matter is somewhat removed from being practical guidelines for behavior, it is still in the category of halachah - the aspect of Torah study that is related to deed and action.

[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 - a gezeirah shaveh. This is also one of the thirteen rules of Biblical exegesis mentioned by Rabbi Yishmael, as cited above.

When a common word or phrase is found in two separate verses, an analogy is established between them, and concepts applicable to one can be related to the other. However, it must be emphasized that a gezeirah shaveh cannot be arrived at independently, but must be received from a teacher, who, in turn, received it from his teacher in a chain extending back to Moses at Mount Sinai.

attention is paid to the question which concerns the analogy established on the basis of similar words. - The Pri Chadash explains that though both of these have equal status, being included as part of the thirteen rules of Biblical exegesis, precedence is given to the gezeirah shaveh. A person is able to derive a kal vichomer on the basis of his own process of reasoning. In contrast, since a gezeirah shaveh is not the product of one's own thought process, it is more likely to be forgotten. Hence, it is given precedence.

If of the two questioners, one was a sage and one was a commoner, attention is paid to the sage - as mentioned in the next chapter, we are obligated to show Torah Sages respect and honor.

one a student and one a commoner, attention is paid to the student. - Though a student need not be honored in the same way as a sage, a student's dedication to Torah study is deserving of a certain measure of respect.

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 - The translation of the latter phrase is based on the commentary of the Kessef Mishneh.

or both questions concern actual deeds - from this point on, the spokesman - who relays the questions to the teacher, as mentioned in halachah 3.

has the option [of giving precedence to whichever question he desires].

Commentary Halacha 9
One should not sleep in a house of study. - Megillah 28a relates that Rabbi Zeira's students asked him why he had merited a long life. Among the reasons he gave them was that he had never slept (or even napped) in the house of study.

The Shulchan Aruch (Orach Chayim 151:3) allows one to sleep in a house of study. Shulchan Aruch HaRav (Hilchot Talmud Torah 4:12) explains that this leniency was granted when a person spent his days and nights in the house of study. Therefore, rather than cause him to waste his time going back and forth from his home, he was permitted to sleep in the house of study.

When any person dozes in the house of study, his Torah will be torn in shreds. - i.e., his memory will become faulty and he will be able to recall only what he has learned at certain times (Rashi, Sanhedrin 71a).

This is alluded to in Solomon's words of wisdom [Proverbs 23:21]: "Drowsiness will clothe a man in rags." - Sanhedrin, op. cit., quotes Rabbi Zeira (see above) as making this statement.

Conversation in the house of study should concern only the words of Torah. - There are two reasons why unnecessary conversation is forbidden in the house of study:
a) to prevent wasting time that could be used for Torah study. (See Berachot 53a);
b) as a token of respect for the house of study. According to this rationale, such conversation is forbidden even when it does not involve making an interruption in one's studies. (See Shulchan Aruch HaRav, Hilchot Talmud Torah 4:11.)

Even if someone sneezes, one should not wish him: "[To your] recovery" - This was the Talmudic equivalent of Gesundheit or "God bless you."

in the house of study. - Berachot, loc. cit., relates that this rule was observed in Rabban Gamliel's house of study.

Needless to say - if such statements are forbidden...

[the discussion of] other matters is prohibited. - Chaggigah 12b adds that a person who discusses other matters in a house of study will be punished by being forced to eating glowing coals.

The sanctity of a house of study exceeds that of a synagogue. - Note Hilchot Tefillah, Chapter 11, where the Rambam discusses the sanctity of houses of study and synagogues in detail, mentioning various (restrictions) on our behavior that were ordained as a token of respect. (See also Tur and Shulchan Aruch, Orach Chayim 151.)

The greater sanctity of a house of study is expressed by the law (Hilchot Tefillah, Halachah 14), that a synagogue may be transformed into a house of study. However, a house of study should not be transformed into a synagogue.

[muman613]

Chapter 3 covers the rewards which come to those who study Torah diligently and answers questions concerning whether to Study or do Good Deeds...


http://www.chabad.org/library/article_cdo/aid/910975/jewish/Chapter-Three.htm

Halacha 1

Three crowns were conferred upon Israel: the crown of Torah, the crown of priesthood, and the crown of royalty. Aaron merited the crown of priesthood, as [Numbers 25:13] states: "And it will be an eternal covenant of priesthood for him and his descendants after him."

David merited the crown of royalty, as [Psalms 89:37] states: "His seed will continue forever, and his throne will be as the sun before Me."

The crown of Torah is set aside, waiting, and ready for each Jew, as [implied by Deuteronomy 33:4]: "The Torah which Moses commanded us is the inheritance of the congregation of Jacob." Whoever desires may come and take it.

Lest you say that the other crowns surpass the crown of Torah, [Proverbs 8:15-16] states: "By me, kings reign, princes decree justice, and nobles rule." Thus, you have learned that the crown of Torah is greater than the other two.

Halacha 2

Our Sages declared that even a Torah Sage who is a mamzer deserves precedence over a high priest who is unlearned, as [implied by Proverbs 3:15]: "It is more precious than pearls." [That verse can be interpreted:] more precious than the High Priest who enters the innermost chambers.

Halacha 3

None of the other mitzvot can be equated to the study of Torah. Rather, the study of Torah can be equated to all the mitzvot, because study leads to deed. Therefore, study takes precedence over deed in all cases.

Halacha 4

[The following rules apply] when a person is confronted with the performance of a mitzvah and the study of Torah: If the mitzvah can be performed by another individual, he should not interrupt his studies. If not, he should perform the mitzvah, and then return to his studies.

Halacha 5

The first aspect of a person's judgement [in the world to come] will center on Torah study. Only afterwards will his other deeds [be considered].

Accordingly, our Sages would say: "A person should always occupy himself in Torah study, whether for God's sake or even if not for God's sake, for from [the study of Torah which] is not carried out for God's sake will come [the study of Torah which] is carried out for God's sake.

Halacha 6

A person whose heart inspires him to fulfill this mitzvah in a fitting manner and to become crowned with the crown of Torah should not divert his attention to other matters. He should not set his intent on acquiring Torah together with wealth and honor simultaneously.

[Rather,] this is the path of Torah: Eat bread with salt, drink water in small measure, sleep on the ground, live a life of difficulty, and toil in Torah.

The task is not incumbent upon you to complete, nor are you free to desist from it. If you have acquired much Torah, you have acquired much reward, and that reward is commensurate with the difficulty [invested].

Halacha 7

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.

Halacha 8

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."

Halacha 9

The words of Torah can be compared to water, as [Isaiah 55:1] states: "Behold, all who are thirsty, come to the water." This teaches you that just as water does not collect on an incline, but rather flows from it and collects in a low place, similarly, the words of Torah will not be found in the arrogant or in the hearts of any of the haughty, but rather in the humble and lowly, who sit in the dust at the feet of the Sages and remove the desires and pleasures of the times from their hearts. They do only a minimal amount of work each day [to earn] their livelihood if they have nothing else to eat. The rest of their days and nights are involved with Torah study.

Halacha 10

Anyone who comes to the conclusion that he should involve himself in Torah study without doing work and derive his livelihood from charity, desecrates [God's] name, dishonors the Torah, extinguishes the light of faith, brings evil upon himself, and forfeits the life of the world to come, for it is forbidden to derive benefit from the words of Torah in this world.

Our Sages declared: "Whoever benefits from the words of Torah forfeits his life in the world." Also, they commanded and declared: "Do not make them a crown to magnify oneself, nor an axe to chop with." Also, they commanded and declared: "Love work and despise Rabbinic positions." All Torah that is not accompanied by work will eventually be negated and lead to sin. Ultimately, such a person will steal from others.

Halacha 11

It is a tremendous advantage for a person to derive his livelihood from his own efforts. This attribute was possessed by the pious of the early generations. In this manner, one will merit all [types of] honor and benefit in this world and in the world to come, as [Psalms 128:2] states: "If you eat the toil of your hands, you will be happy and it will be good for you."

"You will be happy" - in this world. "It will be good for you" - in the world to come, which is entirely good.

Halacha 12

The words of Torah will not be permanently acquired by a person who applies himself feebly [to obtain] them, and not by those who study amid pleasure and [an abundance] of food and drink. Rather, one must give up his life for them, constantly straining his body to the point of discomfort, without granting sleep to his eyes or slumber to his eyelids.

The Sages alluded to this concept, [interpreting Numbers 19:14:] "This is the Torah, a man should he die in a tent..." [to mean that] the Torah cannot be permanently acquired except by a person who gives up his life in the tents of wisdom.

Similarly, Solomon said in his wisdom [Proverbs 24:10]: "If you faint in the day of adversity, your strength is small." He also said [Ecclesiastes 2:9]: "Also, my wisdom remained with me." [This can be interpreted to mean:] The wisdom which I learned in anger, this is what remained with me.

Our Sages declared: A covenant has been established that anyone who wearies himself in Torah study in a house of study will not forget it quickly. Anyone who wearies himself in Torah study in private will become wise, as [Proverbs 11:2] states: "To the modest will come wisdom."

Whoever raises his voice during his studies will permanently acquire the subject matter. In contrast, one who reads silently will forget quickly.

Halacha 13

Even though it is a mitzvah to study during the day and at night, it is only at night that a person acquires most of his wisdom. Therefore, a person who desires to merit the crown of Torah should be careful with all his nights, not giving up even one to sleep, eating, drinking, talk, or the like. Rather, [they should be devoted to] the study of Torah and the words of wisdom.

Our Sages declared: "The song of Torah can [be heard] only at night, as [Eichah 2:19] states: 'Arise, sing out at night...’“

Whoever occupies himself with Torah study at night will have a strand of [Divine] favor extended over him during the day, as [implied by Psalms 42:9]: "During the day, God ordains His kindness and, at night, His song is with me, a prayer to the living God."

[In contrast], any house in which the words of Torah cannot be heard at night will be consumed by fire, as [implied by Job 20:26]: "All the darkness is hidden away from His treasures; a fire that need not be blown will consume him."

[The verse, Numbers 16:31,] "He scorned the word of God," applies to someone who pays no attention to Torah at all. Similarly, anyone who has the potential to occupy himself with Torah study and does not, or who has studied both the Written and Oral Law and turned away to the vanities of the world, leaving behind his study and ignoring it, is included in the category of "those who scorn the word of God."

Our Sages declared: "Whoever neglects Torah study when wealthy will ultimately neglect it amidst poverty. Whoever maintains the Torah in poverty will ultimately maintain it amidst prosperity." This concept is explicitly mentioned in the Torah [Deuteronomy 28:47-48], which states: "Because you did not serve God, your Lord, with happiness and good feeling when there was an abundance of everything, you shall serve your enemies," and [Deuteronomy 8:16] states: "so that you shall suffer...so that ultimately He will make you prosper."

[muman613]

Commentary Halacha 1

Three crowns were conferred upon Israel: the crown of Torah, the crown of priesthood, and the crown of royalty. - A similar expression is found in Yoma 72b. However, there the Talmud uses the expression: "There are three diadems (zirin)."

The expression "three crowns (ketarim)" is found in the Sifre (Korach) and Avot D'Rabbi Natan, Chapter 41. It may be explained that the Rambam chooses to employ this expression because of the significance of the word ketar. That term also means "encompass." In the three halachot in this chapter in which the Rambam mentions the expression, "the crown of Torah" - Halachot 6, 7, and 13 - the Rambam describes an all-encompassing commitment to Torah study. Hence, he uses the term "crown" to allude to this quality of service (Likkutei Sichot, Vol. 27).

Aaron merited - The Sifre, ibid., states: "Aaron merited and took it." The Rambam omits the latter term, since priesthood (and, similarly, royalty) are not attributes that can be acquired by human effort, but rather must be conveyed by God.

the crown of priesthood - This includes two aspects:
a) that his descendants alone will serve as priests;
b) that one will be chosen as the High Priest."

as [Numbers 25:13] states: "And it will be an eternal covenant of priesthood for him and his descendants after him." - See Hilchot Klei HaMikdash 4:1.

David merited the crown of royalty, as [Psalms 89:37] states: "His seed will continue forever, and his throne will be as the sun before Me." - In Hilchot Melachim 1:7, the Rambam writes:

Once David was anointed, he acquired the crown of royalty. Afterwards, the kingship belongs to him and his male descendants, forever.

It must be noted that in the present halachah, the Rambam quotes a different verse from that in Hilchot Melachim and in Avot D'Rabbi Natan.

The crown of Torah is set aside, waiting, and ready for each Jew - The Sifre, ibid., uses the expression "for all inhabitants of the earth." Though some manuscript copies of the Mishneh Torah read "for all," rather than "for each Jew," the printed text can be explained on the basis of Hilchot Melachim 10:9, which states: "A gentile who studies Torah is liable for the death penalty." Similarly, on the verse from Deuteronomy quoted below, Sanhedrin 59a comments: "It is our inheritance and not theirs."

[Nevertheless, it must be pointed out that the same passage in Sanhedrin also describes the high levels which a gentile can attain by studying the rules of the seven general laws of human behavior given to Noah and his descendants. All Jews are obligated to assist the gentiles in this study. (See Hilchot Melachim 8:10.)]

as [implied by Deuteronomy 33:4]: "The Torah which Moses commanded us is the inheritance of the congregation of Jacob." - and thus becomes the property of every Jew as soon as he is born. Because of the fundamental message implied by this verse, the Rambam chooses to quote it, rather than the verse mentioned in Avot D'Rabbi Natan, ibid. Similarly, the message conveyed by this verse is so important that it is taught to every Jewish child as soon as he learns to talk (Chapter 1, Halachah 6).

Nevertheless, although, as the above verse implies, each Jew has an inherent connection to Torah, effort must be expended in order to reveal and develop that connection. In that vein, Avot 2:15 counsels: "Prepare yourself to study Torah, for it is not an inheritance." Therefore, the Rambam continues...

Whoever desires - In his Commentary on the Mishnah, Avot 4:17, the Rambam relates the content of this halachah and uses the expression: "Whoever desires to be crowned with the crown of Torah."

may - fulfill the directives mentioned in this chapter, and thus...

come and take it.

Lest you say that the other crowns surpass the crown of Torah, [Proverbs 8:15-16] states, "By me, kings reign, princes decree justice - the latter clause is omitted in many manuscript copies of the Mishneh Torah.

and nobles rule." Thus, you have learned that the crown of Torah is greater than the other two. - The Sifre, ibid., states: "Who is greater, the one who conveys the crown or the one who is crowned!" Thus, we can appreciate that the crown of Torah surpasses the crown of royalty. Since a king is given greater honor than the High Priest, we can also assume that the crown of Torah is greater than the crown of priesthood (Lechem Mishneh).

Commentary Halacha 2

Our Sages - Horayot 13a

declared that even a Torah Sage who is a mamzer - a child born from certain forbidden sexual relations. See Hilchot Issurei Bi'ah, Chapter 1.

deserves precedence over a high priest who is unlearned - Though such a phenomenon was undesirable, it often occurred in the Second Temple period, when the High Priests were appointed by the Romans in return for excessive bribes. (See the Rambam's Commentary on the Mishnah, Yoma 1:3.)

as [implied by Proverbs 3:15]: "It is more precious than pearls." - Because of the similarity between the Hebrew for "pearls," peninim, and the Hebrew for "inner," p’nim.

[That verse can be interpreted] - Horayot, ibid., to mean:

more precious than the High Priest who enters the innermost chambers. - i.e., the Holy of Holies.

In the introduction to this text, the Rambam explained that he structured it to be halachot, halachot (law after law), implying that he would include only statements of Torah law. In contrast, other concepts, though ethically or philosophically significant, were not included.

Accordingly, this halachah and the others in this chapter which praise Torah study must be understood as behavioral directives applicable with regard to:
a) the arrangements of one's own priorities and goals in life;
b) the order in which people must be given honor and respect.

Commentary Halacha 3

None of the other mitzvot can be equated to the study of Torah. Rather, the study of Torah can be equated to all the mitzvot - The Kessef Mishneh cites Pe'ah 1:1 as the source for this statement. That Mishnah lists a number of mitzvot whose "benefits are enjoyed in this world, though the principle [reward] remains for the world to come" and concludes "the study of Torah is equivalent to them all."

However, the Lev Shlomo notes that the antecedents of the phrase "them all" are the various mitzvot which are mentioned previously in the mishnah and not "all the mitzvot of the Torah." Hence, he refers to the Jerusalem Talmud (Pe'ah 1:1), which states: "All the mitzvot of the Torah are not worth one word of the Torah."

because study leads to deed. - for without study, one will never know how to fulfill the mitzvot properly.

Therefore, study takes precedence over deed - See Chapter 1, Halachah 3, and the commentary on it.

Though there is a similarity between the halachah cited above and the present one, the two are not redundant. That halachah deals with the course of action proper for a person whose father has not instructed him in Torah study. Thus, the Rambam tells him that rather than ignore Torah study and devote himself to the performance of good deeds alone, he should study.

This chapter centers around the principle that Torah study is the highest rung a person can reach. Accordingly, the advice in this and the following halachah applies to even a person who has established a basis of Torah knowledge. It teaches him to seek personal fulfillment in study rather than in deed. Similarly, it advises us that the most propitious way to use each moment of spare time is to devote these moments to Torah study.

in all cases - with the exception of the instance mentioned in the following halachah.

Commentary Halacha 4

Because of the supreme importance of Torah study...

[The following rules apply] when a person is confronted with the performance of a mitzvah and the study of Torah - and the performance of the mitzvah would cause him to interrupt his studies.

If the mitzvah can be performed by another individual, he should not interrupt his studies. - The Kessef Mishneh cites the following narrative from the Jerusalem Talmud (Pesachim 3:7):

Rabbi Abahu sent his son to study in Tiberias. When he came to visit him, the local people praised his son for his piety in burying the dead. When he heard this, Rabbi Abahu rebuked his son severely, "Is it because there are no graves in Caesarea that I sent you to Tiberias?"

Mo'ed Katan 9b derives the priority of study over the performance of mitzvot as follows:

Proverbs 3:15 states: "None of your desires can be equated to it [the Torah]," implying that "your desires" - i.e., things which man wants - cannot be equated to Torah study, but "God's desires" - i.e., the mitzvot - can be equated with it.

In contrast, Proverbs 8:11 states: "No desire" - seemingly implying even God's desires, the mitzvot - "can be equated to it." How can the two be resolved? When it is possible for the mitzvah to be performed by another individual, nothing takes precedence over Torah study. However, if there is no one else to perform the mitzvah, the performance of the mitzvah is given priority.

If not - If there is no way the mitzvah can be performed by another person - e.g., paying honor to a deceased person or collecting for charity, when one's position will cause one's words to have a greater effect than those of other people...

he should perform the mitzvah - Berachot 17a teaches: "The ultimate of knowledge is Teshuvah and good deeds." Similarly, the Jerusalem Talmud (Berachot 1:2) states that it would be preferable for a person who studies without performing the mitzvot never to have been created. Thus, the Jerusalem Talmud (Shabbat 1:2) relates that Rabbi Shimon bar Yochai, who would not interrupt his studies even for prayer, would stop studying to build a sukkah and to bind his lulav.

The rationale behind the above statements can be explained as follows: As explained in the commentary on Chapter 1, Halachah 3, the ultimate level of fulfillment man can reach is to step beyond his humanity and fulfill God's will, as revealed in the mitzvot. Nevertheless, priority is given to Torah study, because it possesses a twofold advantage over the other mitzvot: first, it leads to their fulfillment; second, it allows for an internalized connection to be established between the person and God.

However, when the person ignores the fulfillment of the mitzvot, both those advantages are lost. Obviously, the study does not lead to deed, and, furthermore, his intellectual activity appears to be a matter of personal interest and not a process of connection to God.

and then return to his studies.

Commentary Halacha 5

Since Torah study is of such primary importance...

The first aspect of a person's judgement [in the world to come] will center on Torah study. Only afterwards will his other deeds [be considered]. - The statement is based on Sanhedrin 7a. Other sources (Shabbat 31a) state that the first question posed to a person in the world to come will be: "Did you deal faithfully in business?"

Tosafot, Sanhedrin ibid., offers two possible resolutions to this apparent contradiction:
a) A person who never studied at all is judged first regarding Torah study. However, one who studied, but did not establish fixed times for study is judged first regarding his business affairs;
b) Even though the first question that the soul is asked centers on his business affairs, the first retribution he will receive will result from his neglect of Torah study.

Accordingly, our Sages - See Pesachim 50b, Sotah 22b, Sanhedrin 105b.

would say: "A person should always occupy himself in Torah study, whether for God's sake or even if not for God's sake - The Rambam elaborates further on the definition of these concepts in Hilchot Teshuvah 10:4-5:

The Sages of the previous generations declared: Should one say: "I will study Torah in order that I become wealthy, in order that I be called a Rabbi, or in order that I receive reward in the world to come?" The Torah teaches [Deuteronomy 11:13]: "[If you are careful to observe My commandments...] to love God;" [implying] that all that you do should be done only out of love.
The Sages also said: [Psalms 112:1 instructs:] "Desire His commandments greatly." [Desire His commandments] and not the reward [that comes from] His commandments...
Anyone who occupies himself with the Torah in order to receive reward or in order to protect himself from retribution is considered as one who is not occupied for God's sake.
[In contrast,] anyone who occupies himself with it, not because of fear, nor to receive a reward, but rather because of his love for the Lord of the entire earth, Who commanded it, is one who occupies himself for God's sake.

for from [the study of Torah which] is not carried out for God's sake - Rashi (Berachot 17a) and Tosafot (Ta'anit 7a) note that the Talmud is extremely critical of those who do not occupy themselves with the Torah for God's sake.

Ta'anit 7a declares that whenever a person does not study Torah for God's sake, the Torah becomes a deadly potion for him. Berachot 17a states that it would have been better for a person who does not study Torah for God's sake not to have been born. In resolution, the commentaries explain that there are two levels of occupying oneself with Torah that is not for God's sake:

a) to gain wealth, honor, or other benefits, as implied by the Rambam here;
b) in order to vex a colleague.

Our Sages suggest occupation with Torah study even if it is not intended for God's sake, if one has the former motives. However, if one's motives are the latter, then our Sages' harsh words of criticism apply.

will come [the study of Torah which] is carried out for God's sake. - The introduction to Eicha Rabbah (2) quotes God as saying: "Would that Israel abandon Me and keep the Torah...for its light would ultimately return them to the good." If a Jew frequently occupies himself with Torah, the inner Godly nature of Torah will eventually have an effect upon him and motivate him to serve God with the proper intentions.

There is a deeper aspect to this statement: The Hebrew mitoch, translated as "from," also can be interpreted as "from the inner part." Every element of a Jew's life is motivated by his Godly potential. Though he may think he is performing a mitzvah for selfish intent, the inner core of that service, its toch, is the Jew's desire to cling to God without any ulterior motive.

The Rambam elaborates on the principle that selfish desires can be used as motivation for involvement in Torah in his Commentary on the Mishnah, in his introduction to the tenth chapter of Sanhedrin:

When a young child is brought to a teacher to be taught the Torah, this is the greatest good for him, [allowing him] to attain fulfillment. However, because of his youth and underdeveloped intellect, [the child] does not comprehend this good...
Therefore, it is necessary for the teacher...to motivate him to his studies with things that he loves...
He should tell him: "I will give you nuts, figs, or a little honey." It is out of this motivation that the child [begins to] study. [The child studies] not because of the essence of the study, for the child has no comprehension of that, but because of the food. Eating these delicacies is more important to him than the actual study...
When he becomes older and his intellect grows to the point where he realizes the worthlessness of these items, he should be encouraged and motivated to learn by the promise of things he holds dear. His teacher should tell him: "Study and I will buy you nice shoes or beautiful garments." Thus, he will study, not for the sake of the study itself, but for the garment, the garment becoming more valuable for him than the Torah...

The Rambam continues mentioning other factors that may be employed to motivate older children - e.g., money or honor. He concludes:

All this is degrading. Nevertheless, because of the limits of a person's intellect, it may be necessary to make the goal of wisdom something other than wisdom.

In Hilchot Teshuvah (ibid.), the Rambam also emphasizes how a teacher must slowly mold a child's character and lead him, step by step, to an appreciation of the proper motives for the service of God:

As their knowledge grows and their wisdom increases, this secret [service of God for His sake] should be revealed to them [slowly,] bit by bit. They should become accustomed to this concept gradually, until they grasp it and know it and begin serving [God] out of love.



A person whose heart inspires him to fulfill this mitzvah in a fitting manner - As explained in the commentary on Chapter 1, Halachah 8, the Rambam's statements imply that there are two aspects of Torah study:
a) The obligation to study Torah, which is incumbent on every individual: the establishment of fixed times for Torah study (Chapter 1, Halachah 8).
b) A commitment to devote oneself to Torah study that has no limitations.

The first aspect reflects a commitment that takes into consideration man's perspective, and, hence, is limited in scope. However, when a person views the Torah from God's perspective and appreciates its infinite nature, he will be inspired to make an unbounded commitment to Torah study. See also the commentary on the halachah mentioned above.

and to become crowned with the crown of Torah - Note the commentary on Halachah 1.

should not divert his attention to other matters. - On Deuteronomy 6:7: "Speak of them," the Sifre comments: "Speak of them, and not of other matters."

He should not set his intent on acquiring Torah together with wealth and honor simultaneously. - for it is impossible to devote oneself to two different goals.

[Rather,] this is the path of Torah - This statement and the others in this halachah are a combination of quotes from Avot 6:4, 2:17 and 5:23.

Eat bread with salt, drink water in a small measure, sleep on the ground, live a life of difficulty, and toil in Torah. - The Rambam does not advocate ascetic penances. (See Hilchot De'ot 3:1.) Nor does he necessarily stipulate that "a life of difficulty" is a prerequisite for complete involvement in Torah study. However, it is often the only path with which one can attain that goal.

Frequently, earning enough to live a life of comfort takes so much time that one will not be able to devote himself to Torah study in a fitting manner. Furthermore, indulgence in comfort often leads a person to preoccupation with his own needs and desires. Suddenly, he becomes faced with an entire host of "necessities," without which he cannot continue.

The task is not incumbent upon you to complete - If a person contemplates the totality of Torah knowledge which there is to grasp, he may be intimidated and unwilling to begin such an undertaking. Hence, he is counselled that he is not expected to complete its study. However,...

nor are you free to desist from it. - and must endeavor to accomplish whatever you can.

If you have acquired much Torah, you have acquired much reward - The Mishnah continues to explain that the reward for the righteous will be in the world to come.

It is difficult to understand why the Rambam emphasizes the aspect of reward, when in the previous halachah he stressed how one should not study Torah for ulterior motives. Included in the latter is also the reward in the world to come.

and that reward is commensurate with the difficulty [invested]. - In his Commentary on the Mishnah, the Rambam interprets this to mean: "Your reward will be commensurate with the effort invested in Torah study." See also Halachah 12, which elaborates on the nature of the effort a person must invest in his Torah studies.

In his introduction to Avot, Chapter 6, the Rambam offers a slightly different interpretation: "A person's reward will be commensurate with the effort necessary to overcome his natural inclination."

Commentary Halacha 7

The first clause of this halachah, as the previous halachah, refers to a person who wants to commit himself entirely to Torah study. The second clause - "make your work secondary..." - does not apply only to such individuals, but rather is relevant to every person within the context of his commitment to Torah study.

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." - Note Chapter 1, Halachah 5, which counsels studying Torah before marriage, so the yoke of financial responsibility will not interfere with one's studies.

If you consider such thoughts, you will never merit the crown of Torah. - The commentaries have offered two reasons why such an individual will never merit "the crown of Torah:"
a) Desire is never satisfied. "Whoever possesses one hundred, desires two hundred; whoever possesses two hundred, desires four hundred" (Kohelet Rabbah 1:34). Once a person has given his material concerns priority over Torah study, it is very difficult for him to reverse his pattern and devote himself completely to Torah study.
b) The time which he lost while involved in business cannot be recovered, and thus, he will never reach the heights of Torah knowledge that he could have attained beforehand.

Rather, make your work secondary, and your Torah study a fixed matter. - In his Commentary on the Mishnah, Avot 1:14, the Rambam writes:

Make your Torah study of primary importance and all your other affairs secondary. If they come your way, it is good, and if not, there is no loss in their absence.

Similarly, in Hilchot De'ot 2:7, the Rambam quotes Avot 4:10, "Minimize your business involvement and occupy yourself with Torah."

Nevertheless, a person need not fear that involvement in Torah study will prevent him from achieving prosperity. Berachot 35b relates:

The Sages of the previous generations made their Torah study primary and their business affairs secondary, and achieved success in both. We have made our business affairs primary and our Torah study secondary, and have not achieved success in either.

Do not say: "When I have free time, I will study," for perhaps, you will never have free time. - In his Commentary on the Mishnah, Avot 2:5, the Rambam also associates this statement of Hillel's with the statement of Shammai quoted above.

Commentary Halacha 8

It is written in the Torah [Deuteronomy 30:12, 13]: - Rav Kapach renders this: "It is written about the Torah," emphasizing that according to the Rambam, the antecedent of the pronoun "it" in the above verse is Torah study and not Teshuvah, as explained by the Ramban and others.

"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. - and self-centered. Such an attitude runs contrary to the spirit of Torah and, ultimately, prevents one from grasping it, as explained in the following halachah.

"It is not across the sea" - i.e., it is not found in those who travel across the sea - for business purposes. In contrast, one is advised to travel to study Torah, as Avot relates: "Exile yourself to a place of Torah."

Therefore, our Sages said: - Avot 2:5

"Not everyone who is involved in business will become wise." - In his commentary on that Mishnah, the Rambam quotes the content of this halachah.

Our Sages also commanded: - Avot 4:12

"Minimize your business activities and occupy - The Hebrew, la’asok, is also used in the Ashkenazic text of the blessings recited before Torah study. In most contexts, that word is rendered as "business." Thus, employing it in the blessing implies that the manner in which a person applies himself to Torah study should resemble the way a businessman applies himself to his business, making it the central matter of his life.

yourself with Torah." - The practical applications of these concepts are found in the following halachah.

Commentary Halacha 9

The words of Torah can be compared to water, as [Isaiah 55:1] states: "Behold, all who are thirsty, come to the water." - Ta'anit 7a mentions the ideas related by the Rambam as well as other dimensions of the comparison between Torah and water.

This teaches you that just as water does not collect on an incline, but rather flows from it and collects in a low place, similarly, the words of Torah will not be found in the arrogant or in the hearts of any the haughty - i.e., the nature of such a personality does not allow an individual to grasp the words of Torah. As obvious from the contrast with the humble, pride prevents one from grasping Torah for two reasons:
a) A proud person will be less likely to make the effort necessary to open himself up to the instruction of a master;
b) Pride often leads a person to material desire, whose pursuit will take a person away from devotion to Torah study.

but rather in the humble and lowly, who sit in the dust at the feet of the Sages - The Rambam borrows the phraseology of Avot 1:4. Others render the phrase: "Become dusty [pursuing] the Sages' feet" - i.e., follow them everywhere out of thirst to learn from them.

and remove the desires and pleasures of the times from their hearts - See Halachah 12.

They do only a minimal amount of work each day [to earn] their livelihood if they have nothing else to eat. - Note the narrative from Yoma 35b quoted in the commentary on Chapter 1, Halachah 8, which describes Hillel's daily activities.

The rest of their days and nights - See Halachah 13.

are involved with Torah study.

Commentary Halacha 10

The previous halachot explained how important Torah study is and how involvement in business can present a contradiction to it. Since many might reach the conclusion that, if so, it is proper to be involved solely in Torah study with no thought of worldly matters, the Rambam clarifies accordingly...

Anyone who comes to the conclusion that he should involve himself in Torah study without doing work and derive his livelihood from charity desecrates [God's] name - In Hilchot Yesodei HaTorah, Chapter 5, and Hilchot Teshuvah 1:4, the Rambam mentions the severity of the sin of desecrating God's name.

dishonors the Torah, extinguishes the light of faith, brings evil upon himself, and forfeits the life of the world to come, for it is forbidden to derive benefit from the words of Torah in this world. - See the commentary on Chapter 1, Halachah 7, which quotes the Rambam's commentary on Avot at length, strongly decrying the deriving of material benefit from one's Torah knowledge.

These convictions are also expressed in Hilchot Matnot Ani'yim 10:18, which states:

Even a dignified Sage who becomes poor should work in a profession, even a degrading profession, rather than seek public assitance. It is better to skin the hides of dead animals than to tell the people, "I am a Sage, support me."
Our greatest Sages were wood-choppers, porters, water-drawers... They did not ask anything from the public and refused to accept anything that was given to them.

The Kessef Mishneh takes issue with the Rambam's statements and states that there is no prohibition against a Torah Sage receiving support from others. Though the Rambam quotes many examples of sages who performed simple labors to earn their livelihood, the Kessef Mishneh explains how none of them can be taken to be conclusive proof of the Rambam's position.

For example, the Rambam quotes Yoma 35b, which relates how Hillel would do simple work to earn his sustenance. The Kessef Mishneh explains that the Talmud's statements about Hillel were made before his greatness was appreciated. There is no proof that he continued working as a common laborer afterwards.

The practice of taking payment for Torah study has its source in Tosafot, Ketubot 106a, which relates that individuals who give up the opportunity to earn their livelihood in other professions so that they can teach Torah or serve as judges are able to receive remuneration, because, in essence, they are not receiving payment for their Torah, but for their time.

The Kessef Mishneh concludes:

It is possible to explain that our master's intention is that a person should not cast off the yoke of labor in order to receive his livelihood from others in order to study. Rather, first, he should learn a profession with which he can sustain himself. If that is sufficient for him, it is good. If not, he may receive his livelihood from the community...
Even if this is not our master's intention, as apparent from his Commentary on the Mishnah, whenever one is in doubt about the halachah, one should follow the custom. We have seen all the Sages of Israel, both before and after our master, accepting their livelihood from the community.
Furthermore, even if the halachah followed our master..., it is possible that all the sages of the [previous] generations agreed to do so because...if the livelihood of the scholars and the teachers were not available, they would not be able to labor in Torah as is fitting, and the Torah would be forgotten, Heaven forbid. Since it is available, they are able to study, "and Torah is magnified and becomes stronger."

These ideas are quoted as halachah by the Shulchan Aruch and the Ramah (Yoreh De'ah 246:5). It must be noted that even the Rambam (Chapter 6, Halachah 10, Commentary on the Mishnah, ibid.,Hilchot De'ot 6:2) allows a person to give a sage money to invest, or to afford him other benefits in commerce and trade.

Our Sages declared: - Avot 4:5.

"Whoever benefits from the words of Torah forfeits his life in the world." - The Kessef Mishneh quoted above refers to the Rambam's commentary on this Mishnah. Major portions of the Rambam's statements are cited in our commentary on Chapter 1, Halachah 7.

Also, they commanded and declared: - Avot, ibid. The Rambam reverses the order of the statements in the Mishnah, perhaps, because the first clause is more explicit. Alternatively, because chronologically, Hillel, the author of the latter clause, preceded Rabbi Tzadok, the author of the former.

"Do not make them a crown to magnify oneself - a source of honor,

nor an axe to chop with." - i.e., a means of deriving a livelihood.

Also, they commanded and declared: - Avot 1:10.

"Love work and despise Rabbinic positions." - In his commentary on that Mishnah, the Rambam writes: "Without work, it will be difficult for him for him, and he will steal and cheat. Seeking positions of honor will bring about challenges."

Similarly, Avot 2:2 teaches:

"All Torah that is not accompanied by work will eventually be negated and lead to sin." - That Mishnah begins: "Torah is beautiful when accompanied by work."

Ultimately, such a person will steal from others. - The commentaries cite Kiddushin 29a: "Whoever does not teach his son a profession is as if he taught him to steal," as the source for the Rambam's statements.

Commentary Halacha 11

The Rambam continues the theme begun in the previous halachah. Not only is it forbidden to derive benefit from one's Torah knowledge...
It is a tremendous advantage for a person to derive his livelihood from his own efforts - and not from charity.

and is an attribute possessed by the pious of the first generations. - Among the examples of sages who worked as craftsmen mentioned in the Talmud are Rav Huna - a drawer of water (Ketubot 105a), Rabbi Meir - a barber (Eruvin 13a), Rabbi Yehudah - a porter (Nedarim 49b), and Rav Yosef - a miller, Rav Sheshet - a porter (Gittin 67b).

In this manner, one will merit all the honor - One of the rationales given by many of the Rabbis who permit scholars to derive benefit from their studies is that performing menial work will cheapen the common man's appreciation of them, and thus minimize the honor given to the Torah.

The Rambam (see the Commentary on the Mishnah, ibid.) holds the very opposite. The common people will respect a person who honestly earns his livelihood and will look down on a person who derives his income from charity.

and benefit in this world - i.e., God will grant him blessing and he will be able to earn a respectable income through his efforts.

In Hilchot Teshuvah 9:1, the Rambam elaborates how God will grant material blessings to a person who dedicates himself to Torah and mitzvot. These blessings will, in turn, afford him the opportunity of continuing and increasing his service of God.

and in the world to come - Though the person will also realize benefit in this world, "the principle remains for the world to come" (Pe'ah 1:1). (See also Hilchot Teshuvah, ibid.)

as [Psalms 128:2] states: "If you eat the toil of your hands, - On this verse, the Rabbis commented: 'the toil of your hands,' and not 'the toil of your heads.’“ When a person works with his hands, his mind is free to think about Torah. When he returns home, he may be physically tired, but he has no pressures from his business. In contrast, those whose profession involves mental effort have more difficulty diverting their attention from these matters to Torah.

you will be happy and it will be good for you." - Berachot 8a interprets this verse to mean...

"You will be happy" - in this world. "It will be good for you" - in the world to come, which is entirely good.

[muman613]

Commentary Halacha 12

The words of Torah will not be permanently acquired by a person who applies himself feebly - i.e., does not devote his energies to study.

[to obtain] them, and not by those who study amid pleasure and [an abundance] of food and drink. - The pursuit of pleasure will prevent him from devoting himself to Torah study. During the time he is enjoying material benefits (how much more so if he has to work to earn the funds to obtain them), he could have been studying Torah.

Rather, one must give up his life for them - the words of Torah

constantly straining his body to the point of discomfort - As mentioned in the commentary on Halachah 6, the Rambam is not alluding to ascetic penances, but rather to the dedication of all one's energies to the acquisition of Torah knowledge.

without granting sleep to his eyes or slumber to his eyelids. - Note the following halachah, which describes the advantages of studying at night.

The Sages alluded to this concept - Berachot 63b; Midrash Tanchumah, No'ach 3

[interpreting Numbers 19:14:] "This is the Torah, a man should he die in a tent..." - Generally, the verse would be translated: "This is the law [when] a man..." However, the literal translation of the words was quoted to demonstrate the connection to our Sages' comments more graphically.

[to mean] that the Torah cannot be permanently acquired except by a person who gives up his life in the tents of wisdom. - Our Sages frequently associated the expression "tents" with houses of study. (See the commentaries on Genesis 25:27 and Deuteronomy 33:18.)

Similarly, Solomon said in his wisdom [Proverbs 24:10]: "If you faint in the day of adversity, your strength is small." - When you minimize your involvement in Torah because of difficulties, then "your strength" - your Torah knowledge - will be "small" - will not remain with you (Lechem Mishneh).

Others cite Berachot 63a: "Anyone who applies himself feebly to the words of Torah will not have the strength to stand in a day of adversity."

He also said [Ecclesiastes 2:9]: "Also, my wisdom remained with me." [This can be interpreted to mean:] The wisdom which I learned in anger, - The Hebrew word af can have both meanings - "even" and "anger."

this is what remained with me. - The commentaries interpret this as a reference to the anger displayed by the teachers during their instruction. (See Matnat K'hunah, Kohelet Rabbah 2:9.) This continues the theme that the dedication to Torah study beyond one's nature is the key to acquiring Torah as one's own.

In his commentary on Avot 5:19, the Rambam quotes this verse and interpretation, and associates it with the advice he gives teachers in Chapter 4, Halachah 5, to cast fear into the hearts of the students.

Our Sages declared: - Jerusalem Talmud, Berachot 5:1

A covenant has been established that anyone who wearies himself in Torah study in a house of study - Many manuscripts substitute "in a synagogue," as is the text in the Jerusalem Talmud.

will not forget it quickly - i.e., the fact that study is carried out in a house of study itself contributes to its retention by the students. Accordingly, our Sages highly recommend that one study in a house of study (or at least in a synagogue) whenever possible. (See Shulchan Aruch HaRav, Hilchot Talmud Torah 4:10.)

Anyone who wearies himself in Torah study in private will become wise, as [Proverbs 11:2] states: "To the modest will come wisdom." - It must be noted that Berachot 63b severely criticizes those who study Torah alone (when they have the opportunity to study with others). Similarly, in the following chapter, when the Rambam discusses the actual process of study, he continually refers to a teacher studying with many students.

Whoever raises his voice during his studies - The Jerusalem Talmud, Berachot 5:1, emphasizes that one should not raise one's voice overly loud.

will permanently acquire the subject matter. - II Samuel 23:5 states: "for He has made an everlasting covenant with me, ordered in all and preserved." Eruvin 54a interprets the "everlasting covenant" as a reference to the Torah, and states: "If it is ordered in all a person's 248 limbs" - i.e., if his entire body is involved in his study - "it will be preserved."

The Tanya, Chapter 38, explains that a person who studies out loud and invests his energy in Torah study elevates his body and natural life force.

In contrast, one who reads silently will forget quickly. - It is difficult to ignore the contrast between secular study, which is carried out in a silent library, and the study of Torah carried out in a noisy house of study, each person verbalizing the subject matter which he is studying.

Based on Berachot 15b and the Shulchan Aruch, Orach Chayim 62:3, Shulchan Aruch HaRav (Hilchot Talmud Torah 2:12) states that the study of Torah is comparable to other mitzvot associated with speech. A person cannot fulfill his obligation through mere thought, and must either vocalize the words himself or hear from someone else who reads out loud.

Commentary Halacha 13

Even though it is a mitzvah to study during the day and at night - See Chapter 1, Halachah 8.

it is only at night that a person acquires most of his wisdom. - Eruvin 65a states: "The moon was created only for Torah study." The term "wisdom" is interpreted as a reference to those aspects of Torah study described as Gemara or Talmud (Chapter 1, Halachah 11). At night, when a person is removed from his daytime pressures, he is able to concentrate more on these abstract subjects.

Therefore, a person who desires to merit the crown of Torah - See the commentary on Halachah 1 with regard to the latter term.

should be careful with all his nights, not giving up even one to sleep - Hilchot De'ot 4:4 states that a person should sleep eight hours each night. The commentaries have questioned whether here, the Rambam is advising a person to strain himself beyond those limits, or whether the Rambam is merely stating that the nighttime hours a person has available should be devoted to Torah study.

eating, drinking - In Hilchot De'ot 5:1, the Rambam counsels: "A Torah Sage should not be a glutton. Rather, he should eat only the foods that are appropriate for his physical health and [even of those], he should not partake excessively. He should not pursue [food] after filling his gut."

talk - In general, the Rambam advises against excessive speech. Hilchot De'ot 2:4 states: "A person should also remain silent to a great extent, and speak only about words of wisdom or things he requires to maintain his existence."

or the like. Rather, [they should be devoted to] the study of Torah and the words of wisdom.

Our Sages declared: "The song of Torah can [be heard] only at night, as [Eicha 2:19] states: 'Arise, sing out at night..." - Note the commentaries on Deuteronomy 31:9, which describe the Torah as God's song.

Whoever occupies himself with Torah study at night will have a strand of [Divine] favor extended over him during the day, as [implied by Psalms 42:9]: "During the day, God ordains His kindness and, at night, His song is with me, a prayer to the living God." - Avodah Zarah 3b comments: "Why does 'God ordain His kindness during the day'? Because 'at night, His song (the Torah) is with me.’“

[In contrast], any house in which the words of Torah cannot be heard at night will be consumed by fire, as [implied by Job 20:26]: "All the darkness - i.e., the nights

is hidden away from His treasures - the Torah. Therefore,

a fire that need not be blown will consume him."

[The verse, Numbers 16:31,] "He scorned the word of God," applies to someone who pays no attention to Torah at all. - This is the opinion of Rabbi Natan, as quoted in Sanhedrin 99a, and in the Sifre, Sh'lach.

Similarly, anyone who has the potential to occupy himself with Torah study and does not - Sanhedrin, op. cit.) quotes Rabbi Nehorai for this definition of the above verse.

or who has studied both the Written and Oral Law and turned away to the vanities of the world, leaving behind his study and ignoring it, is included in the category - This definition is not mentioned in any of the opinions quoted in Sanhedrin or the Sifre in the definition of the above verse.

of "those who scorn the word of God." -The Lechem Mishneh emphasizes that this severe condemnation applies even when a person ignores his study out of laziness and idle tendencies, without any contempt or disrespect for the Torah.

Our Sages declared: - Avot 4:11

"Whoever neglects Torah study when wealthy will ultimately neglect it amidst poverty. Whoever maintains the Torah in poverty will ultimately maintain it amidst prosperity." - In his commentary on that Mishnah, the Rambam writes:

A person who studies Torah in poverty and need, straining himself to study despite these pressures, will ultimately merit to study amidst prosperity without any disturbances to his study.
[Conversely,] a person who neglects Torah study because he is prosperous and, therefore, is busy eating, drinking, and seeking pleasure, will ultimately become poor to the extent that the reason he neglects Torah study will be his pursuit of his daily bread.

This concept is explicitly mentioned in the Torah [Deuteronomy 28:47-48], which states: "Because you did not serve God, your Lord, with happiness and good feeling when there was an abundance of everything, you shall serve your enemies" - This interpretation of the verse resembles that of Rashi's commentary on the Torah. Note the conclusion of Hilchot Lulav, where the Rambam interprets the verse differently, stressing the importance of serving God with joy.

and [Deuteronomy 8:16] states: "so that you shall suffer...so that ultimately He will make you prosper."