Introduction to Hilchos Talmud Torah

They contain two positive commandments. They are:

1. To study Torah
2. To honor those who study it and know it
These mitzvot are explained in the following chapters.
Chapter One
1
Women, slaves, and minors are free from the obligation of Torah
study. Nevertheless, a father is obligated to teach his son Torah while
he is a minor, as [Deuteronomy 11:19] states: "And you shall teach
them to your sons to speak about them."
A woman is not obligated to teach her son, for only those who are
obligated to learn are obligated to teach.

2
Just as a person is obligated to teach his son, so, too, is he obligated
to teach his grandson, as [Deuteronomy 4:9] commands: "And you
shall teach them to your sons and your grandsons."
[Furthermore, this charge is not confined] to one's children and
grandchildren alone. Rather, it is a mitzvah for each and every wise
man to teach all students, even though they are not his children, as
[Deuteronomy 6:7] states: "And you shall teach them to your sons..."
The oral tradition explains: "Your sons," these are your students, for
students are also called sons, as [II Kings 2:3] states: "And the sons of
the prophets went forth."
If so, why do the commandments [explicitly mention] one's son and
grandson? To grant precedence to one's son over one's grandson,
and one's grandson over the son of a colleague.

3
Also, one is obligated to hire a teacher for one's son, while one is not
required to undertake any expense to teach a colleague's son.
A person who was not instructed by his father is obligated to arrange
for his own instruction when he can understand, as [Deuteronomy 5:1]
states: "And you shall study them and take heed to perform them."
Similarly, in every place, one finds that study takes precedence over
deed, for study brings about deed. However, deed does not bring
about study.

4
If a person wants to study Torah and he has a son whom he should
teach Torah, his [study] takes priority over [that of] his son. If his son is
wiser and a more creative thinker and thus capable of understanding
what he studies more than he [himself] is, his son is given priority.
Even though his son is granted priority, he should not neglect [his own
studies]. For just as he is commanded to teach his son, he is
commanded to teach himself.

5
A person should always study Torah and, afterwards, marry. If he
marries first, his mind will not be free for study. However, if his natural
inclination overcomes him to the extent that his mind is not free, he
should marry, and then study Torah.

6
At what age is a father obligated to teach [his son] Torah?
When he begins to speak, he should teach him Torah tzivah lanu
Moshe... (Deuteronomy 33:4) and Shema Yisrael... (ibid. 6:4).
Afterwards, he should teach him [selected verses], little by little, verse
by verse, until he is six or seven - depending on his health - [at which
time] he should take him to a teacher of young children.

7
If it is local custom for a teacher of young children to take payment, he
should be paid. [The father] is obligated to pay for his instruction until
he can read the entire written Torah.
In a place where it is customary to receive a wage for teaching the
written Torah, one is permitted to do so. However, it is forbidden to
take a wage for teaching the Oral Law, as [implied by Deuteronomy
4:5]: "Behold, I have taught you laws and statutes, as God
commanded me." [Our Sages teach that Moses was implying:] Just as
I learned at no cost, so, too, have you been taught from me at no cost.
Teach the coming generations in a like manner. Teach them at no cost
as you have learned from me."
[Nevertheless,] if a person cannot find someone to teach him at no
cost, he must pay for his studies, as [implied by Proverbs 3:23]: "Buy
truth." May he charge to teach others? We learn [ibid.]: "but do not
sell." Thus, it can be derived that it is forbidden to charge to teach
Torah even though one's teacher charged to instruct him.

8
Every Jewish man is obligated to study Torah, whether he is poor or
rich, whether his body is healthy and whole or afflicted by difficulties,
whether he is young or an old man whose strength has diminished.
Even if he is a poor man who derives his livelihood from charity and
begs from door to door, even if he is a husband and [a father of]
children, he must establish a fixed time for Torah study during the day
and at night, as [Joshua 1:8] commands: "You shall think about it day
and night."

9
The greater Sages of Israel included wood choppers, water drawers,
and blind men. Despite these [difficulties], they were occupied with
Torah study day and night and were included among those who
transmitted the Torah's teachings from [master] to [student in the chain
stretching back to] Moses, our teacher.

10
Until when is a person obligated to study Torah? Until the day he dies,
as [Deuteronomy 4:9] states: "Lest you remove it from your heart, all
the days of your life." Whenever a person is not involved with study,
he forgets.

11
A person is obligated to divide his study time in three: one third should
be devoted to the Written Law; one third to the Oral Law; and one third
to understanding and conceptualizing the ultimate derivation of a
concept from its roots, inferring one concept from another and
comparing concepts, understanding [the Torah] based on the
principles of Biblical exegesis, until one appreciates the essence of
those principles and how the prohibitions and the other decisions
which one received according to the oral tradition can be derived
using them. The latter topic is called Gemara.

12
How is the above expressed? A person who is a craftsman may spend
three hours each day involved in his work, and [devote] nine hours to
Torah study: In those nine hours, he should spend three reading the
Written Law; three, the Oral Law; and three, meditating with his
intellect to derive one concept from another.
The "words of the prophetic tradition" are considered part of the
Written Law; and their explanation, part of the Oral Law. The matters
referred to as Pardes are considered part of the Gemara.
The above applies in the early stages of a person's study. However,
when a person increases his knowledge and does not have the need
to read the Written Law, or occupy himself with the Oral Law
constantly, he should study the Written Law and the oral tradition at
designated times. Thus, he will not forget any aspect of the laws of the
Torah. [However,] he should focus his attention on the Gemara alone
for his entire life, according to his ambition and his ability to
concentrate.

13
A woman who studies Torah will receive reward. However, that reward
will not be [as great] as a man's, since she was not commanded [in
this mitzvah]. Whoever performs a deed which he is not commanded
to do, does not receive as great a reward as one who performs a
mitzvah that he is commanded to do.
Even though she will receive a reward, the Sages commanded that a
person should not teach his daughter Torah, because most women
cannot concentrate their attention on study, and thus transform the
words of Torah into idle matters because of their lack of
understanding.
[Thus,] our Sages declared: "Whoever teaches his daughter Torah is
like one who teaches her tales and parables." This applies to the Oral
Law. [With regard to] the Written Law: at the outset, one should not
teach one's daughter. However, if one teaches her, it is not considered
as if she was taught idle things.
Chapter Two
1
Teachers of small children should be appointed in each and every
land, in each and every region, and in each and every village.
If a village does not have children who study Torah, its populace is
placed under a ban of ostracism until they employ teachers for the
children. If they do not employ teachers, the village [deserves to be]
destroyed, since the world exists only by virtue of the breath coming
from the mouths of children who study Torah.

2
Children should be brought to study [under a teacher's instruction] at
the age of six or seven, according to the child's health and build.
Below the age of six, he should not be brought [to a teacher].
A teacher may employ corporal punishment to cast fear upon [the
students]. However, he should not beat them cruelly, like an enemy.
Therefore, he should not beat them with a rod or a staff, but rather
with a small strap.
[The teacher] should sit and instruct them the entire day and for a
portion of the night, to train them to study during the day and night.
The children should not neglect [their studies] at all, except at the end
of the day on the eve of the Sabbaths and festivals and on the
festivals themselves. On the Sabbath, they should not begin new
material. However, they should review what was learned already.
The children should never be interrupted from their studies, even for
the building of the Temple.
3
A teacher of children who leaves the children and goes out, or
[remains] with them but performs other work, or is lazy in their
instruction, is included in [the admonition (Jeremiah 48:10)]: "Cursed
be he who performs God's work deceitfully. Therefore, it is only
proper to select a teacher who is God-fearing, teaches them at a fast
pace, and instructs them carefully.

4
A man who is unmarried should not teach children, because of the
mothers who visit the children. No woman should teach children,
because of the fathers who visit the children.

5
[A maximum of] 25 students should study under one teacher. If there
are more than 25, but fewer than 40, an assistant should be appointed
to help him in their instruction. If there are more than forty students,
two teachers should be appointed.

6
A child may be transferred from one teacher to another teacher, who is
capable of teaching him at a faster pace, whether with regard to the
Written Law itself or grammar. This applies when both are located in
the same city and there is not a river between them. However, a child
should not be forced to travel from city to city, or even from one side of
the river to the other in the same city, unless there is a strong bridge,
which is not likely to fall readily, over the river.
7
If a person [whose house opens] to an alleyway [to which other
houses open] - or even one [whose house opens] to a courtyard [to
which other houses open] - desires to become a teacher of children,
his neighbors may not protest against his decision.
Similarly, should one teacher of children come and open a schoolroom
next to the place [where] a colleague [was teaching], so that other
children will come to him or so that the children [studying under his]
colleague shall come to him, his colleague may not lodge a protest
against him, as [Isaiah 42:21 states]: "God desired, for the sake of His
righteousness, to make the Torah great and glorious."
Chapter Three
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.

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.

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.

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.

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.

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].

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.

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."

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.

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.

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.

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.

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."
Chapter Four
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.

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.

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.
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."

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.

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.

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.

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].

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.
Chapter Five
1
Just as a person is commanded to honor his father and hold him in
awe, so, too, is he obligated to honor his teacher and hold him in awe.
[Indeed, the measure of honor and awe] due one's teacher exceeds
that due one's father. His father brings him into the life of this world,
while his teacher, who teaches him wisdom, brings him into the life of
the world to come.
[Accordingly,] if he saw a lost object belonging to his father and one
belonging to his teacher, the lost object belonging to his teacher takes
precedence. If his father and his teacher are both carrying loads, he
should relieve his teacher's load, and then his father's. If his father and
his teacher are held as captives, he should redeem his teacher, and
afterwards, redeem his father. However, if his father is [also] a Torah
sage, he should redeem his father first.
[Similarly,] if his father is a Torah sage - even if he is not equivalent to
his teacher - he should return his lost article, and then that belonging
to his teacher.
There is no greater honor than that due a teacher, and no greater awe
than that due a teacher. Our Sages declared: "Your fear of your
teacher should be equivalent to your fear of Heaven."
Therefore, they said: Whoever disputes the authority of his teacher is
considered as if he revolts against the Divine Presence, as implied [by
Numbers 26:9]: "...who led a revolt against God."
Whoever engages in controversy with his teacher is considered as if
he engaged in controversy with the Divine Presence, as implied [by
Numbers 20:13]: "...where the Jews contested with God and where He
was sanctified."
Whoever complains against his teacher is considered as if he
complains against the Divine Presence, as implied [by Exodus 16:8]:
"Your complaints are not against us, but against God."
Whoever thinks disparagingly of his teacher is considered as if he
thought disparagingly of the Divine Presence, as implied [by Numbers
21:5]: "And the people spoke out against God and Moses."

2
What is meant by disputing the authority of one's teacher? A person
who establishes a house of study [where] he sits, explains, and
teaches without his teacher's permission in his teacher's lifetime. [This
applies] even when one's teacher is in another country.
It is forbidden to ever render a halachic judgment in one's teacher's
presence. Whoever renders a halachic judgment in his teacher's
presence is worthy of death.

3
If a person asked [a student] regarding a halachic question and there
were twelve mil between him and his teacher, he is permitted to
answer. [Furthermore,] to prevent a transgression, it is permitted to
give a halachic judgment even in the presence of one's teacher.
What does the above imply? For example, one saw a person perform
a forbidden act because he was unaware of the prohibition or because
of his perversity, he should [try to] prevent him [by] telling him: "This is
forbidden." [This] applies even in his teacher's presence and even
though one's teacher had not given him permission. Wherever the
desecration of God's name is involved, no deference is paid to a
teacher's honor.
When does the above apply? With regard to a matter that came up
incidentally. However, establishing oneself as a halachic authority to
sit and reply to all who ask concerning halachic matters is forbidden,
even if [the student] is at one end of the world and the teacher at the
other, until either:
a) the teacher dies; or
b) the student receives permission from his teacher.
Not everyone whose teacher dies is permitted to sit and render
judgment concerning Torah law; only one who is a student worthy of
rendering judgment.

4
Any student who is not worthy of rendering halachic judgments and
does so is foolish, wicked, and arrogant. [Proverbs 7:26:] "She has
cast down many corpses" applies to him.
[Conversely,] a sage who is worthy of rendering halachic judgments
and refrains from doing so holds back [the spread of] Torah and
places stumbling blocks before the blind. "How prodigious are those
she slew" [ibid.] applies to him.
These underdeveloped students who have not gathered much Torah
knowledge, seek to gain prestige in the eyes of the common people
and the inhabitants of their city [by] jumping to sit at the head of all
questions of law and halachic judgments in Israel. They spread
division, destroy the world, extinguish the light of Torah, and wreak
havoc in the vineyard of the God of Hosts. In his wisdom, Solomon
alluded to them [as follows, (Song of Songs 2:15)]: "Take for us foxes,
little foxes that spoil the vineyards, [our vineyards are blooming.]"

5
It is forbidden for a student to refer to his teacher by name, even
outside his presence. He should not mention his name in his
presence, even when referring to others with the same name as his
teacher - as he does with the name of his father. Rather, he should
refer to them with different names, even after their death.
The above applies when the name is unusual, and all will thus know to
whom it refers.
[A student] should not greet his teacher or respond to the latter's
greeting, as is customary when two friends exchange greetings.
Rather, he should bow before him and say with awe and reverence:
"Peace be upon you, my master." If his teacher greeted him, he
should respond: "Peace be upon you, my teacher and master."

6
Similarly, he should not remove his tefillin in the presence of his
teacher, nor should he recline in his presence. Rather, he should sit
before him as one sits before a king.
A person should not pray either in front of his teacher, behind his
teacher, or at his teacher's side. Needless to say, one should not walk
by his side. Rather, he should distance himself behind his teacher
without standing directly behind him and then pray.
One should not enter a bathhouse together with his teacher or sit in
his teacher's place. One should not side against his teacher's opinion
in his presence or contradict his statements.
One should not sit in his presence until he tells him to sit. One should
not stand before him until he tells him to stand or until he receives
permission to stand.
When one departs from his teacher, one should not turn his back to
him. Rather, one should walk backwards while facing him.
7
A person is obligated to stand before his teacher from the time he
sees him - as far away as he can see - until [he passes beyond his
field of vision] and is hidden: his figure no longer visible. Then, [the
student] may sit.
A person is obligated to visit his teacher during the festivals.

8
Deference should not be shown to a student while in the presence of
his teacher, unless it is customary for his teacher also to show him
deference.
All the services which a servant performs for his master should be
performed by a student for his teacher. [However,] if [the student] was
in a place where he was not recognized and was not wearing tefillin -
should he suspect that people will say he is a servant - he need not
put on [his teacher's] shoe or remove it.
Whoever prevents his student from serving him withholds kindness
from him and takes away his fear of heaven. Any student who deals
lightly with a matter related to the honor of his teacher causes the
Divine Presence to depart from Israel.

9
[A student who] saw his teacher transgress the words of the Torah
should tell him: you have taught us such and such.
Whenever he mentions a teaching in his presence, he should tell him:
"You have taught us the following, master." He should not mention a
concept which he did not hear from his teacher unless he mentions
the name of the person who authored it.
When his teacher dies, he should rend all his garments until he
reveals his heart. He should never mend them.
When does the above apply? To one's outstanding teacher from whom
one has gained the majority of his wisdom.
However, a person who has not gained the majority of his wisdom
under a teacher's instruction is considered to be both a student and
colleague. He is not obligated to honor him in all the above matters.
Nevertheless, he should stand before him, rend his garments at his
[death], as he does for all the deceased for whom he is obligated to
mourn. Even if he learned only one thing from him, whether it be a
small or great matter, he should stand before him and rend his
garments at his [death].

10
Every student with a proper character will not speak in front of anyone
who is wiser than he is, even though he has not learned anything from
him.

11
An outstanding teacher may, if he desires, forgo his honor with regard
to any or all of the above matters to any or all his students.
Even though he forgoes [these honors], the student is obligated to
respect him at the time he forgoes [respect].

12
Just as students are obligated to honor their teacher, a teacher is
obligated to honor his students and encourage them. Our Sages
declared: "The honor of your students should be as dear to you as
your own."
A teacher should take care of his students and love them, because
they are like sons who bring him pleasure in this world and in the
world to come.

13
Students increase their teacher's wisdom and broaden his horizons.
Our Sages declared: "I learned much wisdom from my teachers and
even more from my colleagues. However, from my students [I learned]
most of all."
Just as a small branch is used to light a large bough, so a small
student sharpens his teacher's [thinking processes], until, through his
questions, he brings forth brilliant wisdom.
Chapter Six
1
It is a mitzvah to respect every Torah sage, even if he is not one's
teacher, as [Leviticus 19:32] states: "Stand up before a white-haired
[man] and respect an elder." [The word] zakein, [translated as "elder,"
alludes to the Hebrew words meaning] "one who has acquired
wisdom."
When is one obligated to stand before him? When he approaches
within four cubits of him until he passes him.

2
One should not stand before [a sage] in a bathhouse or toilet, for it is
stated [ibid.]: "Stand up...and respect...," [implying] standing up that
conveys respect.
Craftsmen are not obligated to stand before the Torah sages while
they are involved in their work, for it is stated: "Stand up...and
respect...." [It can be inferred that] just as showing respect does not
involve a financial loss, standing need not involve a financial loss.
What is the source [which teaches that] a person should not divert his
eyes from the sage so that he will not see him, lest he be required to
stand before him? It is written [ibid.], "and you shall fear your God."
With regard to all matters dependent on one's conscience, the Torah
states: "and you shall fear your God."

3
It is not proper for a sage to trouble the people and position himself
before them so that they will have to stand for him. Rather, he should
take shortcuts and have the intent that they should not see him, so
that he will not trouble them to stand. The Sages would take circular
routes through the outskirts [of their cities], where people who
recognize them would not be found, in order not to trouble them.

4
Riding is considered to be walking. Just as one stands before [a sage
who is] walking, so one should stand before one who is riding.

5
When three people are journeying [together], the master should walk
in the center, the [student of] greater [stature] on his right, and the one
of lesser [stature] on his left.

6
One who sees a sage need not stand in deference to him until he
reaches within four cubits of him; once he has passed, he may sit.
Should one see the av beit din, one should stand in deference to him
from the time he sees him - as far away as he can see. He may not sit
until he has passed four cubits beyond him.
Should one see the nasi, one should stand in deference to him from
the time he sees him - as far away as he can see. He may not sit until
he has reached his place or passed [beyond his field of vision] and is
hidden.
Should a nasi [desire to] waive the honor due him, he may forgo it.
When the nasi enters, all the people should stand. They may not sit
until he tells them to. When the av beit din enters, two rows are
opened for him, and the people stand on either side until he enters
and sits in his place. The other people remain seated in their places.

7
When a sage enters - when he approaches within four cubits of
anyone - the latter should stand for him. Thus, one stands and one
sits until he enters and sits in his place.
The sons and the students of the sages may jump over the heads of
the people to reach their place when their presence is required by the
people at large.
It is not praiseworthy for a sage to enter [the house of study] last. If
one leaves to tend to his needs, he may return to his place.
The children of the sages who have enough knowledge to listen turn
their faces toward their father. If they lack the knowledge to listen, they
turn their faces to the people.

8
A student who is constantly sitting before his teacher is permitted to
rise in his honor only [twice daily,] in the morning and in the evening,
so that the honor paid to him does not exceed the honor paid to God.

9
We should stand before an old man of exceedingly advanced age,
even if he is not a sage. Even a sage who is young is obligated to
stand before an old man of exceedingly advanced age. Nevertheless,
he need not rise to his full height, and need only show some token of
respect.
Even an old gentile should be addressed with words of respect, and a
hand should be extended to support him, as [Leviticus 19:32] states:
"Stand up before a white-haired [man]." Every white-haired man is
included therein.

10
Torah sages should not personally take part in any communal work
projects - e.g., building, digging, or the like - [to improve] the city, lest
they become disgraced in the eyes of the common people.
Money should not be collected from them to pay for building the [city]
wall, fixing its gates, its watchmen's wages, and the like. [The same
applies regarding] a present to be offered to the king.
Similarly, they are not obligated to pay taxes - neither [their share in] a
tax levied on the city as a whole nor a head tax levied on each
individual - as [Hoshea 8:10] states: "Although they will give among
the nations, now I will gather them; in a little while, they will be
released from the burden of the king and his officers."
Similarly, if a Torah sage has merchandise to sell, he is allowed to sell
it first, and no other person at the marketplace is allowed to sell until
he does. Similarly, if he has a legal matter and stands among many
other litigants, he is given priority. [Also,] he is allowed to sit.

11
It is a great sin to disgrace Torah sages or to hate them. Jerusalem
was not destroyed until [its inhabitants] disgraced its sages, as implied
by [II Chronicles 36:16]: "And they would mock the messengers of
God, despise His words, and scoff at His prophets" - i.e., they would
scorn those who taught His words.
Similarly, the Torah's prophecy [Leviticus 26:16]: "If you despise My
statutes" [should be interpreted]: "If you despise the teachers of My
statutes." Whoever disgraces the sages has no portion in the world to
come and is included in the category: "Those who scorn the word of
God" [Numbers 15:31].

12
Even though a person who disgraces a Torah sage will not receive a
portion in the world to come, if witnesses come [and testify that] he
disgraced him, even if only verbally, he is obligated to be placed under
a ban of ostracism. This ban is publicly announced by the court. Also,
wherever he is located, he is fined a litra of gold, which is given to the
sage.
Even one who disgraces a sage after his death is placed under a ban
of ostracism by the court. They should release the ban when he
repents. In contrast, if the sage is alive, they do not release the ban
until he appeases the sage for whose [honor] he was ostracized.
[To protect] his honor, a sage may issue a ban of ostracism against a
common person who acted outrageously against him. He does not
need witnesses, nor must [the offender] have been warned. The ban
is not lifted until he appeases the sage. If the sage dies, three people
may come and lift [the ban]. If the sage desires to forgive him and not
place him under ban, he is permitted to do so.

13
If a teacher placed a person under a ban of ostracism because of his
honor, all of his students are obligated to treat the person in the
required fashion. However, if a student issued a ban of ostracism
because of his honor, his teacher is not obligated to abide by the
terms of the ban. Nevertheless, all other people are obligated to do so.
Similarly, when a person is placed under a ban of ostracism because
of the nasi, all Jews are obligated to abide by the terms of the ban.
However, if a person is placed under a ban of ostracism because of
any Jew, the nasi is not obligated to abide by it.
When a person is placed under a ban of ostracism because of his city,
other cities must also abide by this ban. However, if he is placed under
ban by other cities, his own city need not abide by the ban.

14
When does the above apply? When the ban was imposed because he
acted disrespectfully to a Torah sage. However, a person who was
placed under a ban of ostracism for another reason for which such a
ban may be declared - even if the ban was declared by a person of
the lowest stature in Israel - the nasi and all Jews are obligated to
abide by the terms of the ban until he repents for the matter for which
the ban was imposed, and the ban is lifted.
A ban of ostracism is imposed upon a person - either man or woman -
for [the following] 24 reasons:
a) a person who disgraces a sage, even after his passing;
b) a person who embarrasses a messenger of a court;
c) a person who calls a colleague a slave;
d) a person who was ordered [to appear before] a court at a specific
time and did not come;
e) a person who treats even one point of Rabbinic law with disrespect;
needless to say, this applies regarding [matters of] Torah law;
f) a person who refuses to comply with the decisions [rendered by a
court] is placed under ban until he complies;
g) a person who possesses an entity that can cause damage - e.g., a
dangerous dog or a faulty ladder - is placed under ban until he
removes that entity;
h) a person who sells land to a gentile is placed under ban until he
accepts responsibility for any damages which the gentile may cause
his Jewish neighbor;
i) a person who testifies against a Jewish colleague in a secular court
and causes money which Torah law would not [require him to pay] to
be expropriated from him is placed under ban until he repays [that
amount];
j) a butcher who is a priest and does not separate the priestly gifts and
give them to another priest is placed under ban until he gives them;
k) a person who violates the sanctity of the second day of the festivals
in the Diaspora, even though [their observance] is only a custom;
l) a person who performs work on Pesach eve after noon;
m) a person who takes God's name in vain or takes an oath casually;
n) a person who causes the many to desecrate God's name;
o) a person who causes the many to eat sacrificial food outside [its
proper place];
p) a person who calculates the years [and declares a leap year] or
fixes the day of the new month in the Diaspora;
q) a person who causes the blind [ - i.e., the morally unaware - ] to
stumble;
r) a person who prevents the many from performing a mitzvah;
s) a butcher who sold non-kosher meat;
t) a butcher who does not inspect his knife in the presence of a sage;
u) a person who intentionally causes himself to have an erection;
v) a person who divorced his wife, and then entered into a partnership
or business dealing with her which requires them to come into contact.
When they come to court, they are placed under ban;
w) a sage whose reputation is unsavory;
x) a person who places a person under ban when the latter does not
deserve [such punishment];
Chapter Seven
1
Even though a sage who is distinguished for his wisdom, the nasi, or
the av beit din acts shamefully, they should never be publically placed
under a ban of ostracism unless their deeds resemble those of
Jeroboam ben Nevat and his colleagues. However, if one [of these
individuals] performs other sins, he should be lashed privately, as
[implied by Hoshea 4:5]: You shall stumble during the day and the
prophet will stumble with you at night - i.e., even though he stumbles,
cover him like night. He is told: Preserve your honor and stay at
home.
Similarly, whenever a Torah sage is obligated to be ostracized, it is
forbidden for a court to act rashly and pronounce a ban hastily.
Instead, they should shun the matter and try to avoid it. The pious
among the Sages would be proud of the fact that they never
participated in the ostracism of a Torah sage. Nevertheless, they
would participate in sentencing him to be lashed. They would even
participate in sentencing him to receive stripes for rebellion.

2
How is the ban [issued]? The [court] pronounces: So and so shall be
ostracized. If the ban is issued in his presence, [the court]
pronounces: This [person], so and so, shall be ostracized.
A ban of excommunication [is issued as follows]: They tell him: So
and so is excommunicated.
The expression He is cursed implies a curse, an oath, and a ban of
ostracism.

3
How is a ban of ostracism or excommunication lifted? They tell him:
You are released. You are forgiven. If the ban is lifted outside his
presence, they say: So and so is released. So and so is forgiven.

4
What are the practices that must be observed by the person who is
ostracized and those who come into contact with him?
a) he is forbidden to cut his hair or launder his clothes, like a mourner
throughout his entire period of ostracism;
b) he is not included in a zimmun, nor in a quorum of ten with regard
to any matter that requires ten;
c) no one should sit within four cubits of him.
He may, however, teach others and others may teach him. He may be
hired and may hire others. If he dies while under ban, the court sends
[an emissary who] places a stone on his coffin, as if to say that they
are stoning him because he was separated from the community.
Needless to say, eulogies are not recited for him, nor is his bier
accompanied.

5
A person who is excommunicated has even more [severe restrictions].
He may not teach others and others may not teach him. Nevertheless,
he may study himself, so that he does not forget what he has learned.
He may not be hired, nor is he allowed to hire others. We should not
engage in trade with him. [Indeed,] we should not have any business
dealings with him except the bare minimum necessary for his
livelihood.

6
When a person was ostracized for thirty days and did not seek to be
released from the ban, he is placed under a second ban. If he was
ostracized for a second thirty days without seeking release, he is
excommunicated.

7
How many [people] are necessary to release [a person from a] ban of
ostracism or excommunication? Three. They may even be
commoners. A single judge with unique expertise may release [a
person from a] ban of ostracism or excommunication alone. A student
may release [a person from a] ban of ostracism or excommunication
even in the place of his teacher.
Editor's Note: Our text follows the practice of most printed copies of
the Mishneh Torah, which skip the number 8 entirely1, and proceed
from Halachah 7 to Halachah 9.

9
When three individuals issue a ban of ostracism, and then depart, if
the person who was ostracized improves his behavior with regard to
the matter for which he was ostracized, three others may come and
release him [from that ban].

10
A person who does not know who placed him under a ban of
ostracism should approach the nasi who may release him from that
ban.

11
If a ban was issued conditionally, even if one imposed that [conditional
ban] on himself, it must be nullified [before ordinary interaction with
the person is permitted]. If a Torah sage issued a ban of ostracism
against himself, even if he made that ban conditional on the consent
of another person and even if he issued it because of a matter which
requires ostracism, he may nullify the ban himself.

12
Whenever a person dreams that he was placed under a ban of
ostracism, even if he knows who issued that ban, ten people who are
proficient in Torah Law are required to release him from that ban. If he
cannot find such people [in his immediate surroundings], he must
journey a parsah in search of them.
If he cannot find [these people within that distance], the ban can be
released even by ten people who study Mishnah. If he cannot find
[such people], the ban can be released even by ten people who know
how to read the Torah. If he cannot find ten people in his place, the
ban can be released by three ordinary people.

13
Whenever a ban of ostracism is imposed in a person's presence, it
should only be lifted in his presence. If it was issued outside his
presence, it may be lifted in his presence or outside his presence.
There is no [fixed amount of time] between the issuance of a ban and
its release. Instead, one may issue a ban and lift it immediately if the
person placed under ban improves his behavior.
However, [if the court sees fit for this individual to remain under ban
for a number of years, they may extend [the ban] according to his
wickedness. Similarly, if it sees fit, the court is entitled to
excommunicate a person at the outset or to excommunicate anyone
who eats, drinks, or stands within four cubits of a person who has
been ostracized. [This power is granted] to cause [the banned person]
hardship and [thus,] create a fence around the Torah, so that it will not
be violated by the sinners. Even though a Torah sage may place a
person under a ban of ostracism [to preserve] his honor, it is not
praiseworthy for a sage to accustom himself to this practice Instead,
he should turn his ears from the words of the common people and not
pay attention to them, as Solomon said in his wisdom [Ecclesiastes
7:21]: Also, do not pay heed to all the words that are spoken.
This was the practice of the pious of the early generations. They
would hear their shame and not answer. Furthermore, they would
pardon and forgive the person who insulted them. The great sages
would take pride in their pleasant deeds, relating that they never
issued a ban of ostracism or excommunication [to protect] their honor.
This is the path of the sages which is worthy of being followed.
When does the above apply? When [the person] spurned or
embarrassed [the sage] in private. However, if one spurns or
embarrasses a sage in public, it is forbidden for the sage to forgo his
honor. Indeed, if he does so, he is punished, because the disrespect
of the Torah is involved. Instead, he should seek vengeance and carry
enmity over the matter like a snake until the offender requests to be
pardoned. Then, he should forgive him.