Halacha
הלכה א
אֵין מְלַמְּדִין תּוֹרָה אֶלָּא לְתַלְמִיד הָגוּן נָאֶה בְּמַעֲשָׂיו. אוֹ לְתָם. אֲבָל אִם הָיָה הוֹלֵךְ בְּדֶרֶךְ לֹא טוֹבָה מַחְזִירִין אוֹתוֹ לַמּוּטָב וּמַנְהִיגִין אוֹתוֹ בְּדֶרֶךְ יְשָׁרָה וּבוֹדְקִין אוֹתוֹ וְאַחַר כָּךְ מַכְנִיסִין אוֹתוֹ לְבֵית הַמִּדְרָשׁ וּמְלַמְּדִין אוֹתוֹ. אָמְרוּ חֲכָמִים כָּל הַשּׁוֹנֶה לְתַלְמִיד שֶׁאֵינוֹ הָגוּן כְּאִלּוּ זָרַק אֶבֶן לְמַרְקוּלִיס שֶׁנֶּאֱמַר (משלי כו ח) "כִּצְרוֹר אֶבֶן בְּמַרְגֵּמָה כֵּן נוֹתֵן לִכְסִיל כָּבוֹד". וְאֵין כָּבוֹד אֶלָּא תּוֹרָה שֶׁנֶּאֱמַר (משלי ג לה) "כָּבוֹד חֲכָמִים יִנְחָלוּ". וְכֵן הָרַב שֶׁאֵינוֹ הוֹלֵךְ בְּדֶרֶךְ טוֹבָה אַף עַל פִּי שֶׁחָכָם גָּדוֹל הוּא וְכָל הָעָם צְרִיכִין לוֹ אֵין מִתְלַמְּדִין מִמֶּנּוּ עַד שׁוּבוֹ לַמּוּטָב. שֶׁנֶּאֱמַר (מלאכי ב ז) "כִּי שִׂפְתֵי כֹהֵן יִשְׁמְרוּ דַעַת וְתוֹרָה יְבַקְשׁוּ מִפִּיהוּ כִּי מַלְאַךְ ה' צְבָאוֹת הוּא". אָמְרוּ חֲכָמִים אִם הָרַב דּוֹמֶה לְמַלְאַךְ ה' צְבָאוֹת תּוֹרָה יְבַקְּשׁוּ מִפִּיהוּ אִם לָאו אַל יְבַקְּשׁוּ תּוֹרָה מִפִּיהוּ:
כסף משנה
1.
Torah should be taught only to a proper student1Psalms 50:16 states, "Wicked man, why do you discuss My laws?" - one whose deeds2his observance of the mitzvot are attractive3or 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.] - or to a person whose behavior is unknown. However, [a potential student] who follows bad ways should4first be influenced to correct his behavior and trained to follow a straight path.5of Torah living. [After he repents, his deeds] are examined and6only then he is allowed to enter the house of study to be instructed.
Our Sages said:7Chullin 133a Whoever teaches an improper student is considered as if he throws a stone to Mercury,8i.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,9the 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. 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 he10the teacher is a very wise man and his [instruction] is required by the entire nation, until he returns to a good path,11Mo'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:12Mo'ed Katan (ibid.) If a teacher resembles "a messenger13The Hebrew malach also means angel. of the Lord of Hosts," seek Torah from his mouth.14Implied 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. If he does not, do not seek Torah from his mouth.
הלכה ב
כֵּיצַד מְלַמְּדִים. הָרַב יוֹשֵׁב בָּרֹאשׁ וְהַתַּלְמִידִים מֻקָּפִים לְפָנָיו כַּעֲטָרָה כְּדֵי שֶׁיְּהוּ כֻּלָּם רוֹאִים הָרַב וְשׁוֹמְעִים דְּבָרָיו. וְלֹא יֵשֵׁב הָרַב עַל הַכִּסֵּא וְתַלְמִידָיו עַל הַקַּרְקַע אֶלָּא אוֹ הַכּל עַל הָאָרֶץ אוֹ הַכּל עַל הַכִּסְאוֹת. וּבָרִאשׁוֹנָה הָיָה הָרַב יוֹשֵׁב וְהַתַּלְמִידִים עוֹמְדִים וּמִקֹּדֶם חֻרְבַּן בַּיִת שֵׁנִי נָהֲגוּ הַכּל לְלַמֵּד לַתַּלְמִידִים וְהֵם יוֹשְׁבִים:
כסף משנה
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.1Keritot 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.54The teacher should not sit on a chair, [while] his students [sit] on the ground. Rather, either everyone should sit on the ground2Mo'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.3Megillah 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.
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.4Megillah (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.
הלכה ג
אִם הָיָה מְלַמֵּד מִפִּיו לַתַּלְמִידִים מְלַמֵּד. וְאִם הָיָה מְלַמֵּד עַל פִּי מְתַרְגֵּם [הַמְתַרְגֵּם] עוֹמֵד בֵּינוֹ וּבֵין הַתַּלְמִידִים וְהָרַב אוֹמֵר לַמְתַרְגֵּם וְהַמְתַרְגֵּם מַשְׁמִיעַ לְכָל הַתַּלְמִידִים. וּכְשֶׁהֵם שׁוֹאֲלִין לַמְתַרְגֵּם הוּא שׁוֹאֵל לָרַב וְהָרַב מֵשִׁיב לַמְתַרְגֵּם וְהַמְתַרְגֵּם מֵשִׁיב לַשּׁוֹאֵל. וְלֹא יַגְבִּיהַּ הָרַב קוֹלוֹ יוֹתֵר מִקּוֹל הַמְתַרְגֵּם. וְלֹא יַגְבִּיהַּ הַמְתַרְגֵּם קוֹלוֹ בְּעֵת שֶׁשּׁוֹאֵל אֶת הָרַב יוֹתֵר מִקּוֹל הָרַב. אֵין הַמְתַרְגֵּם רַשַּׁאי לֹא לִפְחֹת וְלֹא לְהוֹסִיף וְלֹא לְשַׁנּוֹת אֶלָּא אִם כֵּן הָיָה הַמְתֻרְגְּמָן אָבִיו שֶׁל חָכָם אוֹ רַבּוֹ. אוֹמֵר הָרַב לַמְתֻרְגְּמָן כָּךְ אָמַר לִי רַבִּי אוֹ כָּךְ אָמַר לִי אַבָּא מָרִי. וּכְשֶׁאוֹמֵר הַמְתֻרְגְּמָן הַדְּבָרִים לָעָם אוֹמֵר בְּשֵׁם הֶחָכָם וּמַזְכִּיר שְׁמוֹ שֶׁל אֲבִי הָרַב אוֹ שֶׁל רַבּוֹ וְאוֹמֵר כָּךְ אָמַר רַבָּנָא פְּלוֹנִי אַף עַל פִּי שֶׁלֹּא הִזְכִּיר הָרַב שְׁמוֹ שֶׁל חָכָם. שֶׁאָסוּר לִקְרוֹת לְרַבּוֹ אוֹ לְאָבִיו בִּשְׁמוֹ:
כסף משנה
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,1There 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 spokesman2in a hushed tone and he announces the teaching to all the students.3in 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.4in a hushed tone, as explained. The teacher, [in turn,] replies to the spokesman5in a hushed tone and the spokesman replies to the questioner.6out loud, so that others can hear.
The teacher should not raise his voice above that of the spokesman.7The 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.8as a mark of respect and deference.
The spokesman is not allowed to detract from, add to, or change [the teacher's words],9The 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.10Rabbenu 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],11i.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..."12Kiddushin 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.13Kiddushin (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.
הלכה ד
הָרַב שֶׁלִּמֵּד וְלֹא הֵבִינוּ הַתַּלְמִידִים לֹא יִכְעֹס עֲלֵיהֶם וְיִרְגַּז אֶלָּא חוֹזֵר וְשׁוֹנֶה הַדָּבָר אֲפִלּוּ כַּמָּה פְּעָמִים עַד שֶׁיָּבִינוּ עֹמֶק הַהֲלָכָה. וְכֵן לֹא יֹאמַר הַתַּלְמִיד הֵבַנְתִּי וְהוּא לֹא הֵבִין אֶלָּא חוֹזֵר וְשׁוֹאֵל אֲפִלּוּ כַּמָּה פְּעָמִים. וְאִם כָּעַס עָלָיו רַבּוֹ וְרָגַז יֹאמַר לוֹ רַבִּי תּוֹרָה הִיא וְלִלְמֹד אֲנִי צָרִיךְ וְדַעְתִּי קְצָרָה:
כסף משנה
4.
If the teacher taught [a concept] and it was not grasped by the students, he should not become upset with them1In 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.2Note 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.3Deuteronomy 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.4Derech 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.5The 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."6Megillah 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.
הלכה ה
לֹא יִהְיֶה הַתַּלְמִיד בּוֹשׁ מֵחֲבֵרָיו שֶׁלָּמְדוּ מִפַּעַם רִאשׁוֹנָה אוֹ שְׁנִיָּה וְהוּא לֹא לָמַד אֶלָּא אַחַר כַּמָּה פְּעָמִים. שֶׁאִם נִתְבַּיֵּשׁ מִדָּבָר זֶה נִמְצָא נִכְנָס וְיוֹצֵא לְבֵית הַמִּדְרָשׁ וְהוּא אֵינוֹ לָמֵד כְּלוּם. לְפִיכָךְ אָמְרוּ חֲכָמִים הָרִאשׁוֹנִים אֵין הַבַּיְשָׁן לָמֵד וְלֹא הַקַּפְּדָן מְלַמֵּד. בַּמֶּה דְּבָרִים אֲמוּרִים בִּזְמַן שֶׁלֹּא הֵבִינוּ הַתַּלְמִידִים הַדָּבָר מִפְּנֵי עָמְקוֹ אוֹ מִפְּנֵי דַּעְתָּן שֶׁהִיא קְצָרָה. אֲבָל אִם נִכָּר לָרַב שֶׁהֵם מִתְרַשְּׁלִין בְּדִבְרֵי תּוֹרָה וּמִתְרַפִּין עֲלֵיהֶן וּלְפִיכָךְ לֹא הֵבִינוּ חַיָּב לִרְגֹז עֲלֵיהֶן וּלְהַכְלִימָן בִּדְבָרִים כְּדֵי לְחַדְּדָם. וּכְעִנְיָן זֶה אָמְרוּ חֲכָמִים זְרֹק מָרָה בַּתַּלְמִידִים. לְפִיכָךְ אֵין רָאוּי לָרַב לִנְהֹג קַלּוּת רֹאשׁ לִפְנֵי הַתַּלְמִידִים וְלֹא לִשְׂחֹק בִּפְנֵיהֶם וְלֹא לֶאֱכל וְלִשְׁתּוֹת עִמָּהֶם כְּדֵי שֶׁתְּהֵא אֵימָתוֹ עֲלֵיהֶן וְיִלְמְדוּ מִמֶּנּוּ בִּמְהֵרָה:
כסף משנה
5.
A student should not be embarrassed1and 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.2On 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.3Berachot 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,4This refers to both this and the previous halachah the Sages of the previous generations stated:5Avot 2:5 "A bashful person will not learn, nor should the short-tempered6The 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. teach."
When does the above7the 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,8further repetition will not help, for the students will not concentrate then, either. Therefore, he is obligated to display anger9This 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.10Since 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:11Ketubot 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 the12Similarly, Shabbat 30b states that a student must sit in utter dread of his teacher. students."
Therefore,13in order to cultivate this aura of respect it is not fitting for a teacher to act frivolously in the presence of his students.14In 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.15This 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.
הלכה ו
אֵין שׁוֹאֲלִין אֶת הָרַב כְּשֶׁיִּכָּנֵס לַמִּדְרָשׁ עַד שֶׁתִּתְיַשֵּׁב דַּעְתּוֹ עָלָיו. וְאֵין הַתַּלְמִיד שׁוֹאֵל כְּשֶׁיִּכָּנֵס עַד שֶׁיִּתְיַשֵּׁב וְיָנוּחַ. וְאֵין שׁוֹאֲלִין שְׁנַיִם כְּאֶחָד. וְאֵין שׁוֹאֲלִין אֶת הָרַב מֵעִנְיָן אַחֵר אֶלָּא מֵאוֹתוֹ הָעִנְיָן שֶׁהֵן עֲסוּקִין בּוֹ כְּדֵי שֶׁלֹּא יִתְבַּיֵּשׁ. וְיֵשׁ לָרַב לְהַטְעוֹת אֶת הַתַּלְמִידִים בִּשְׁאֵלוֹתָיו וּבַמַּעֲשִׂים שֶׁעוֹשֶׂה בִּפְנֵיהֶם כְּדֵי לְחַדְּדָן. וּכְדֵי שֶׁיֵּדַע אִם זוֹכְרִים הֵם מַה שֶּׁלִּמְּדָם אוֹ אֵינָם זוֹכְרִים. וְאֵין צָרִיךְ לוֹמַר שֶׁיֵּשׁ לוֹ רְשׁוּת לִשְׁאל אוֹתָם בְּעִנְיָן אַחֵר שֶׁאֵין עוֹסְקִין בּוֹ כְּדֵי לְזָרְזָם:
כסף משנה
6.
When the teacher enters the house of study, questions should not be posed to him until he gathers his powers of concentration.1lest he be prodded into responding hastily, without thinking out the matter in its entirety [Thus,] a student should not ask until he sits2as mentioned in Halachah 2 and rests.3and rests.Two should not ask at once.4First, 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 they5he and the students are involved with, lest he6not know the answer... become embarrassed.7and 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 questions8asking 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 concentration9e.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,10Bava 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.11to pique their curiosity and stimulate their desire to learn.
הלכה ז
אֵין שׁוֹאֲלִין מְעֻמָּד וְאֵין מְשִׁיבִין מְעֻמָּד וְלֹא מִגָּבוֹהַּ וְלֹא מֵרָחוֹק וְלֹא מֵאֲחוֹרֵי הַזְּקֵנִים. וְאֵין שׁוֹאֲלִין הָרַב אֶלָּא בְּעִנְיָן שֶׁהֵן קוֹרִין בּוֹ. וְאֵין שׁוֹאֲלִין אֶלָּא מִיִּרְאָה. וְלֹא יִשְׁאַל בָּעִנְיָן יוֹתֵר מִשָּׁלֹשׁ הֲלָכוֹת:
כסף משנה
7.
A person should not ask a question while standing, nor should a person respond while standing.1for 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.2This 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.3The 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.4Just 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.5for 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.
הלכה ח
שְׁנַיִם שֶׁשָּׁאֲלוּ. שָׁאַל אֶחָד כָּעִנְיָן וְשָׁאַל אֶחָד שֶׁלֹּא כָּעִנְיָן נִזְקָקִין לָעִנְיָן. מַעֲשֶׂה וְשֶׁאֵינוֹ מַעֲשֶׂה נִזְקָקִין לַמַּעֲשֶׂה. הֲלָכָה וּמִדְרָשׁ נִזְקָקִין לַהֲלָכָה. מִדְרָשׁ וְאַגָּדָה נִזְקָקִין לַמִּדְרָשׁ. אַגָּדָה וְקַל וָחֹמֶר נִזְקָקִין לַקַּל וָחֹמֶר. קַל וָחֹמֶר וּגְזֵרָה שָׁוָה נִזְקָקִין לַקַּל וָחֹמֶר. הָיוּ הַשּׁוֹאֲלִין שְׁנַיִם אֶחָד חָכָם וְאֶחָד תַּלְמִיד נִזְקָקִין לֶחָכָם. תַּלְמִיד וְעַם הָאָרֶץ נִזְקָקִין לַתַּלְמִיד. שְׁנֵיהֶם חֲכָמִים שְׁנֵיהֶם תַּלְמִידִים שְׁנֵיהֶם עַמֵּי הָאָרֶץ שָׁאֲלוּ שְׁנֵיהֶם בִּשְׁתֵּי הֲלָכוֹת אוֹ בִּשְׁתֵּי תְּשׁוּבוֹת אוֹ בִּשְׁתֵּי שְׁאֵלוֹת שְׁנֵי מַעֲשִׂים. הָרְשׁוּת בְּיַד הַמְתַרְגֵּם מֵעַתָּה:
כסף משנה
8.
[The following rules apply when] two people ask questions simultaneously:1A 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 point2This 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.3because 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.4Since, 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.5since 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,6i.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.7Though 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,8a 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.9As 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,10a 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 inference drawn from a minor premise to a major one.11The 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 student, attention is paid to the sage;12as 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.13Though 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 commoners14similarly, 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. - 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 deeds15from this point on, the spokesman - who relays the questions to the teacher, as mentioned in halachah 3. - from this point on, the spokesman has the option [of giving precedence to whichever question he desires].
הלכה ט
אֵין יְשֵׁנִים בְּבֵית הַמִּדְרָשׁ וְכָל הַמִּתְנַמְנֵם בְּבֵית הַמִּדְרָשׁ חָכְמָתוֹ נַעֲשֵׂית קְרָעִים קְרָעִים. וְכֵן אָמַר שְׁלֹמֹה בְּחָכְמָתוֹ (משלי כג כא) "וּקְרָעִים תַּלְבִּישׁ נוּמָה". וְאֵין מְשִׂיחִין בְּבֵית הַמִּדְרָשׁ אֶלָּא בְּדִבְרֵי תּוֹרָה בִּלְבַד. אֲפִלּוּ מִי שֶׁנִּתְעַטֵּשׁ אֵין אוֹמְרִים לוֹ רְפוּאָה בְּבֵית הַמִּדְרָשׁ וְאֵין צָרִיךְ לוֹמַר שְׁאָר הַדְּבָרִים. וּקְדֻשַּׁת בֵּית הַמִּדְרָשׁ חֲמוּרָה מִקְּדֻשַּׁת בָּתֵּי כְּנֵסִיּוֹת:
כסף משנה
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 in1Sanhedrin, op. cit., quotes Rabbi Zeira (see above) as making this statement. rags."Conversation in the house of study should3Berachot, loc. cit., relates that this rule was observed in Rabban Gamliel's house of study. concern only the words of Torah.2There 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." Even if someone sneezes, one should not wish him: "[To your] recovery" in the house of study. Needless to say,4if 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 discussion of other matters is prohibited.
The sanctity of a house of study exceeds that of a synagogue.5Note 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.