Halakhah sobre Pirkei Avot 3:22

Laws of Judges - (Pirkei Avot 1:18) “Rabban Shimon ben Gamliel says: On three things is the world established - on judgement, on truth, and on peace.” Rabbeinu Yonah z”l explains: The explanation cannot be that “because of these three things the world was created,” because the beginning of the chapter said that on three things does the world stand, and these three are not listed there. Rather, first [Pirkei Avot] relates that for three things the world was created, i.e. Torah, Avodah and Gemilut Chasadim. Torah, that it says, (Proverbs 8:22) “God made me as the first of His way...” The Torah says, “I was created before all of the creations and for my sake were all creations created.” Similarly, [the world was created] because of “Avodah” because God chose Israel from all of the nations, and chose the Beit Hamikdash from all of the places, that they should serve Him in it, and for its sake to God create the world. And similarly Gemilut Chasadim, which is the middah of chesed that causes one to be approved before God. Here [Pirkei Avot] states, “...the world is established.” This means that after the world was created it is preserved through these things - that through judges that judge between people does the world continue. Because were it not for law the more powerful would conquer. And similarly truth, like it says in Shabbat 104a, that lies have no legs [to stand on] but truth is the foundation and it is a big pillar for all things. And similarly, peace, as they say in Avot (Pirkei Avot 3:2), “One should pray for the peace of the government, for were it not for the fear of government, people would swallow each other alive.”

Anyone possessing intelligence should also consider the following: If you see a human king building a grand palace, you will notice opposites among the construction materials. There will be precious stones, such as jasper and onyx, as well as other fine materials. There will also be cement, clay, and earth. Does one think that the intent of the king is for the clay and earth? Of course not! Certainly the purpose of the building is to showcase the fine materials and precious stones, while the cement, clay, and earth only serve to strengthen the structure. Similarly, the King of Kings the Holy One blessed be He created man from a pure spiritual soul which is a part of the divine, and she returns to G-d after death. And as for the biological material that the body is made of, which in reality is no different than clay and earth, can anyone think that the purpose of man is for that material? Anyone who thinks so can only be a fool, and not in his right mind. This, then is what Akavia ben Mahalalel meant when he said (Pirkei Avot 3:1) "Look to three things and you will not come to sin. Know where you came from, where you are going..." - this means the soul, which is a part of the divine and will return to its source, and it’s opposite, the body: "where you came from..." - from a fetid drop (of semen). "...and to where are you going..." - To a place of earth and the worm. Here too, the explanation is that the purpose of man is his G-dly soul. Therefore, since one's purpose is G-dliness and matters of the soul, before all else a person needs to know the foundation concepts of our holy and pure Torah.

And thus one needs to say words of Torah over the table, because even though one has said all the blessings he is required to say, and will eventually conclude with birkat ha-mazon, saying birkat ha-mazon will not exempt him from his requirement unless he speaks words of Torah. And so our rabbis said: “Every table over which they ate and said words of Torah, it is as if they ate from the table of God [Makom], as it is said, ‘He said to me, This is the table before the Lord,’”¹³⁹M. Avot 3:3, quoting Ez 41:22. that is to say, when they spoke over it words of Torah, then “this table is before the Lord.”¹⁴⁰Ez. 41:22. “And every table over which they ate and did not say over it words of Torah, it is as if they ate from the sacrifices of the dead. As it is said, ‘For all tables were full of vomit, no place [bli Makom] without excrement,”¹⁴¹M. Avot 3:3, quoting Is 28:8. that is to say, the words of Makom, i.e., God, are not mentioned there.¹⁴²R. Bahya, following M. Avot’s midrashic interpretation, also creatively attributes the use of the later rabbinic term for God – Ha-Makom – “The Place” to Isaiah’s Biblical Hebrew “bli makom,” i.e., “without God.” And all this is to instruct you that humankind [adam] was not created for eating and drink, but rather to engage in Torah. For this is what Scripture meant when it said, “for man [adam] was born for toil [‘amal].”¹⁴³Job 5:7. Our sages interpreted this in a midrash:¹⁴⁴B. Sanhedrin 99b. “’For man was born for toil’ – I don’t know if this is toil by mouth, or if it’s toiling in the Torah. When Scripture says, “The appetite of a toiler [‘amel] toils [‘amlah] for him, because his mouth craves it,”¹⁴⁵Prov 16:26. toil by the mouth is being spoken about. But this is exactly how I fulfill “For man was born for toil” when it refers to toiling in Torah, so I say it means “for toiling in Torah he was born.”¹⁴⁶In other words, R. Bahya has it both ways, since you use your mouth to “toil in Torah,” that is, by speaking words of Torah. And so they said in another midrash: Just as in the Creation, He created domestic and wild animals, birds, reptiles and swarming things, and after that created Adam, as it is said, “And God created Adam in his image,”¹⁴⁷Gen 1:27. so it was written in the Torah “This you shall eat” and “this you shall not eat,”¹⁴⁸Lev 11:9,4. and after that Adam was born. This is why Scripture connects this parashah (“Shemini”) with the next one that begins “When a woman at childbirth bears a male,”¹⁴⁹Lev 12:2. to say it is for toil in Torah he was born. And thus right after that it is written, “On the eighth day the flesh of his foreskin shall be circumcised,”¹⁵⁰Ibid. 12:3. teaching that even before he was formed the Torah and commandments encircled him, and afterwards he was born. This is what it meant when it said, “When a woman at childbirth bears a male”¹⁵¹Lev 12:2. – that The Holy One Blessed be He imposed commandments before him and after him, and he is in the middle.¹⁵²In other words, even the syntax of the vv. 12:2-3 in Leviticus “sandwiches” the birth of a man between two commandments, one directed to his mother giving birth to him, the second, after he’s born, that he himself be circumcised. In other words, the man’s birth is literally surrounded by Torah and commandments. Circumscribed (and circumcised) by the Torah from his birth – of course that “proves” that’s what he was born for!This is what it meant when it said, “For man was born for toil”¹⁵³Job 5:7.– that for toil in Torah he was born.

And it follows from the rule that a human being needs to direct his mind when eating (and this is of great benefit to the fulfillment of his intent), that he turn to “fine foods,” for by their fineness the intellect is refined and the heart made clear-sighted, as our sages said, “wine and fragrances made me clear-sighted,”⁶⁸B. Yoma 76b. and it is necessary to direct one’s mind to them only to make the eyes of the intellect clear-sighted, as I mentioned above. And one should beware of coarse foods, for the power of the intellect is clouded by them and its lucidity and refinement ruined. And already among our ancestors, so I have heard, that whoever did not eat beef because of its coarseness, but whose eating consisted mostly of small, delicate fowl, would raise them in their homes and feed them meals of ingredients known to them and which they themselves prepared for them, in order to refine their brains and make their organs right, which are the vessel of the soul, in order for the soul to be lifted up and develop the aptitude to receive the Torah and to understand the Holy One (may his name be blessed), for the intellect is sharpened and refined according to the fineness of the food and its purity. And this is a tried and tested thing among cosmopolitan people, and some village people, for cosmopolitan people whose foods are delicacies and whose drinks are fine and refined – are they not intelligent in every area, and quick to understand science with ease and without much effort, much more so than village people who eat barley and onions, and the rest of the coarse foods. Indeed the coarseness of their intellect follows the coarseness of their food. And the choicest of enjoyments, the pleasures of food were created only for the sake of the Torah, and for this reason they said in the Chapters of the Fathers: “If there is no choice flour, there is no Torah, and if no Torah, no choice flour,”⁶⁹M. Avot 3:17. that is to say, there would be no pleasures of food.

It is well known that ethics [ha-musar] are connected to the Torah, for so it is written: “He who follows ethics [musar] shows the way to life,” and they said explicitly, “If there is no derekh eretz [etiquette], there is no Torah.”¹M.Avot 3:17. And it is from ethics and etiquette that we advised that no person should recline at the table until he knows who his fellow guests are and with whom he’ll be reclining. And so we learned from the laws of Derekh Eretz: “A person should always know with whom he stands, with whom he reclines, and with whom he puts his seal on his documents.”²Derekh Eretz Zuta 10.

Even if one does not subscribe to Rav Kook’s approach, the importance of effective political leadership is emphasized by Chazal’s comment (Avot 3:2) that “One should pray for the welfare of the government [of the country in which he resides], for if not for government's discipline, each man would swallow his friend alive (i.e. utter pandemonium will prevail).”

Rav Henkin does note that not all authorities apply Dina DeMalchuta Dina to laws that are designed to maintain order, when these laws contradict Halachah (as opposed to taxes, which all authorities consider binding). Nonetheless, he claims that all would agree that when there are no Jewish courts to legislate rules for an effective society, the civil government's laws to maintain order must be followed. This reasoning appears especially true in the area of copyright law, as virtually all countries in the world maintain them, and contemporary business cannot function without them. Chazal teach us that when government discipline is lacking, pandemonium ensues (Avot 3:2). Similarly, if copyright laws were not enacted (and obeyed), economic pandemonium would result.

(Yod) “The fear of the Lord was its storage chest” (Isaiah 33:6). And [this] means like that which [Rabbi Bachya] said in the Duties of the Heart, “And be careful that that your enterprise in your acts for God not be like the enterprise of the bird about which the verse says that it lays its egg and warms it on top of the ground and so fails to safeguard it, to the point that other animals destroy it and it does not become a fledgling.” [This is] like the verse states (Job 39:13-14), “The wing of the ostrich spreads […]. She leaves her eggs on the ground, etc.” And even one who is occupied with Torah, the commandments and acts of lovingkindness require safeguarding. And that is fear [of God] – like the kav of ḥomton (a substance that keeps pests away from grain), as is elucidated in the Talmud (Shabbat 31a-31b).⁸⁷See the next paragraph. And it is written,⁸⁸The first and last part of the quote is from Exod. 20:16-17, but the middle is from Deut. 5:22. “You speak to us […] and we will hear, lest the great fire consume us. And [Moshe] said […], ‘Be not afraid; for God has come only in order to test you, and in order that the fear of Him may be upon your faces.’” And at first glance, this is not understood – first he says, “Be not afraid”; and at the end he says, “in order that the fear of Him may be upon your faces.” And it appears to me [that it can be explained] according to that which is said about one of those who had fear [of God]: That they found him sleeping in one of the wildernesses and said to him, “Are you not afraid of lions; that you are sleeping in this place?” He said [back] to them, “I am ashamed in front of God to have any fear besides my fear of Him.” [This is] brought in the Duties of the Heart (in the Section on Love, Chapter 6).⁸⁹10:6. See there. And this is the intention of the statement of [the Sages], may their memory be blessed, “‘That fear of Him may be upon your faces’ – this is [referring to] shame” (Nedarim 20a). The explanation is that they be embarrassed to fear anything else behind Him, may He be blessed. And this is what Moshe told them, “Be not afraid,” meaning that they not be afraid from the voices and the fire – like they said, “Lest it consume us.” But only “the fear of Him should be upon your faces” – and that is the shame. And anyone who is on this level will have all of his actions dedicated to His name, may He be blessed. And with this, there will be a safeguarding of his Torah and his good deeds. And so did Kohelet say (Ecclesiastes 12:13), “Fear God and guard His commandments” – and its explanation is that only through fear of Him will his commandments be guarded, just like the wheat with the kav of ḥomton. And without the safeguarding, the Torah [that one studies] and the commandments [he performs] are not lasting. And in the Zohar, fear [of God] is given the name daughter; and Torah, the name son. And it is possible that they were hinting to this in the Talmud (Bava Batra 141a), “A daughter first is a good sign for sons. […] because she raises [the sons].” [This is] according to that which is written in Avot 3:9, “Anyone whose fear of sin precedes his wisdom, etc. And anyone whose wisdom precedes his fear of sin, etc.” And this is [the meaning of “A daughter first,” meaning fear, “is a good sign for sons,” meaning Torah – “because she raises [the sons].” As through it, the Torah [study becomes] lasting. And through this, the explanation of the song of Haazinu becomes elucidated – “The Lord saw and was vexed, and spurned His sons and His daughters” (Deut. 32:19): [This] means that they had the son come before the daughter – the explanation of which is that Torah [preceded] fear. “And He said, ‘I will see how they fare in the end, for they are a generation of reverses’” (Deut. 32:20), as they reverse the order; and as a result of this, they are “children with no faith in them,” – the explanation of which is that also the Torah [study] that they have with them will not grow and be lasting with them.

And this commandment is only practiced in the Land [of Israel], since we only judge capital cases in the Land. And whoever has [it] in his hand to make a judgment and does not do so, has negated this positive commandment. And his punishment is great - 'as were it no for the fear of [judgment], man would swallow his fellow alive.' And Ramban, may his memory be blessed (on Sefer HaMitzvot LaRambam, Shorashim 14) does not count this commandment in his calculation. And so [too] does he not count any of the four death penalties of the court - which are stoning, burning, killing (decapitation) and strangulation - that Rambam, may his memory be blessed, counted as four commandments. And [Ramban] said that through the verse of "and you shall destroy the evil from within you" (Deuteronomy 17:7), the Torah commanded more generally that we destroy those that do evil from among us; and within it are included all of the laws. And when Scripture specifies the laws according to their punishments afterwards, it is not considered a [separate] commandment, as it is only an elucidation of the topic. And 'the sage will choose for himself that which is straight in his eyes.'

From the laws of the commandment is that which they, may their memory be blessed, said (Avot 3:13; Avot D'Rabbi Natan 2) about this for a fence, and that is that a man not motion with his hand nor hint with eyes to one of the sexual prohibitions, nor to joke with them at all. And it is even forbidden to smell perfume that is on them; and not to gaze at women at all, and even at a bride - with the intention to derive pleasure. And they forbade to stare even at their small finger. [This is] besides the wife of a man, as it is permitted for him to gaze at her beauty, and even while she is still menstruant, as she will be permitted to him later. And there is an assumption about an Israelite that his impulse is given over to his hand (under control) in an example like this, that is dependent upon time. And it is specifically at the revealed places upon her that they permitted to stare while she is still a menstruant, but not at the covered [places] so that his evil impulse not cover (overcome) him.

One who vows in order to straighten their mind and repair their actions, such a person is eager and praiseworthy. How so? A glutton who forswore meat for a year or two; or a drunkard who forswore wine for a significant amount of time, or forswore drunkenness forever; or one who chased bribes and then felt regret, and forswore gifts or benefits from people of that land; or a person proud of their good looks who swore to be a Nazirite. All such vows are ways of serving God, and it is of such vows that the sages said "Vows are a guard for abstinence" (Avot 3:13). Nonetheless, even though these are service of God, one shouldn't become accustomed to them, rather, one should abstain from what is worthy to be abstained from, without making a vow.

To not whiten the face of an Israelite: To not embarrass an Israelite; and our Rabbis, may their memory be blessed, called this sin (Avot 3:15), "whitening the face of his fellow in public. And the negative commandment that comes about this [in the Torah] is that which is written (Leviticus 19:17), "you shall surely rebuke your compatriot, and you shall not bear a sin for him." And they said in Sifra, Kedoshim 4:8, "From where [do we know] that if you rebuked him four or five times [...] go back and rebuke [him again]? [Hence] we learn to say, 'you shall surely rebuke.' Perhaps, he should rebuke and his face change [color]? [Hence] we learn to say, 'and you shall not bear a sin for him.'"

It is from the roots of the commandment [that] since God, may He be blessed, chose the tribe of Levi from among his brothers for his service in the Temple always, therefore it was from His kindness to them to give them their sustenance in an honorable way. As so is it proper for the servants of the King that their meals should be readied for them by others - that they should prepare it for them and that [the Levites] should not have to toil in anything besides the precious service of the King. And even though they were twelve tribes - and according to their equal portion, it would have been fitting that they take one twelfth part - this advantage to them is also for their glory. As since they are from the house of the King, it is fitting that their portion be more than all [the rest] of them. And it is a big advantage that the tenth part come to them free from all of the expenses of the land. And the blessing of God, may He be blessed, rests upon everything that belongs to the one who sustains the servants of God with his money. And this is what they, may their memory be blessed, said (Mishnah Avot 3:13), "Tithes are a safeguarding fence around wealth." They, may their memory be blessed, also said (Taanit 9a) that it is forbidden for a person to think in his heart and say, "I will test if God does good to me [for] my involvement in His commandments"; and about that which is similar to this is it stated (Deuteronomy 6:16), "Do not test the Lord, your God" - except for in this commandment. As it is permitted to test if God will bless him [for] his doing it and [for] his being alacritous about it. And it is made explicit by the prophets, as it is stated (Malachi 3:10), "Bring the entire tithe into the storehouse, etc. and put Me to the test with it, said the Lord."