Halakhah sobre Pirkei Avot 4:24

You will find also in the words of Moses at the end of the Torah a promise well-known to be about the world to come, which is what is written, “O happy Israel! Who is like you, A people delivered by the Lord.”¹¹⁵Dt 33:29. Because it specified above the destined physical rewards, when it said, “Thus Israel will dwell in safety, untroubled will be Jacob’s abode, in a land of grain and wine, under heavens dripping dew,”¹¹⁶Ibid., 33:28. so it connected it immediately to “O Happy Israel!” to say “don’t think that the only recompense and reward you’ll have for doing the mitzvoth will be in this world.” That’s why it said, “O Happy [ashrekha] Israel,” as our sages taught in a midrash, “‘You shall be happy [ashrekha] and you shall prosper,’¹¹⁷Ps 128:2. ‘You shall be happy’ – in this world, and ‘You shall prosper’ – in the world to come.”¹¹⁸M. Avot 4:1. And afterwards it said, “Who is like you?”¹¹⁹Dt 33:29. that is to say, who among all the nations is like you will be “delivered by the Lord” – which means the salvation [t’shua’at] of the soul in the world of souls, which is why it said, “delivered [nosha’] by the Lord.”¹²⁰Ibid. It’s like the similar expression of the prophet: “Israel has been delivered [nosha’] by the Lord, with salvation [t’shuat] everlasting.”¹²¹Is 45:17: literally “salvation of the worlds” – t’shuat olamim – the plural of which R. Bahya without a doubt understands as an allusion to salvation in both worlds – this world and the world to come. And it said, “your protecting shield”¹²²Dt 33:29. because after it specified the reward of the soul and its salvation in the world of souls, it gave a sign for this and said that Ha-Shem (may He be blessed) is their shield, their protection and their “sword triumphant” [herev ge’utam], ¹²³Ibid., literally, “the sword of your pride.”that is, something they could be proud [le-hitga’ot] about, hence “your protecting shield.”¹²⁴Ibid. And this would even include what midat ha-din above is called – magen – “shield”, because one usually holds a shield in the left hand, and He keeps us safe with it so that by protecting us, we need not be afraid of the enemy overpowering it, and so David said, “You have granted me the shield of Your protection – magen yish’ekha“¹²⁵2 Sam 22:36, or “shield of Your salvation.” – the shield which protects You. And he explained further, “For YHWH God is sun and shield,”¹²⁶Ps 84:12. that is, “the Great Name” [of YHWH], the quality of Jacob, which is called “sun.”¹²⁷E.g., in Joseph’s dream, Gen 37:9, where the sun clearly stands for Jacob. I think R. Bahya means that “sun” is expression for God’s other main attribute, His “right hand” – midat ha-rahamim. Thus, when David referred to “Lord God” as “sun and shield” in Ps 84:12, from a kabbalistic perspective, it’s a reference to God having both midat ha-din and midat ha-rahamim, the attribute of severity and the attribute of compassion. I.e., YHWH (“Lord”) = “sun” = “Jacob” = midat ha-rahamim, while Elohim (“God”) = “shield” = midat ha-din. And so our rabbis z”l taught in a midrash, “Jacob said, ‘Who revealed to him [Joseph] that my name [sh’my] was ‘sun’?”¹²⁸Bereshit Rabba 84:10. Or as R. Bahya interprets it, sh’my= shem Y’, “the great name of YHWH.” And he called the heavenly midat ha-din “shield,” and this what is meant by “For YHWH God is sun and shield;”¹²⁹Ps 84:12. this is why it is specified “Your protecting shield, your sword of pride”¹³⁰Dt 33:29. because of Israel having this eternal success and ultimate victory over all their enemies. So all this is a sign that they are attached to and will be delivered by Ha-Shem in the world of souls. If so, then the account of the things destined for the soul in the Torah are only there by analogy and as a sign, so set your heart to the words of Moses, how he wanted on the day of his death to “seal” his words in the upper world – understand this!

No less significant from the historical perspective is the phenomenon of travel for purposes of study and the broadening of intellectual vistas. Throughout the ages, the advice of the Sages of the Mishnah, "Go as an exile to a place of Torah" (Ethics of the Fathers 4:14), was accepted and acted upon by significant numbers of students and scholars many of whom spent long periods of time away from their homes and families.

And we commanded in Chazal (Avodah Zara 19a), who were precise in the box "in his commandments" and interpreted "not in the reward of his commandments." And here is a seeming miracle - the unknown that the reward of mitzvos is that he will enjoy the ziv of the Divine in heaven, which is great in pleasure in its value, which we can not surpass in the mind. And when the sages wanted to reveal to us the greatness of this pleasure, they did not find him a fixed footage, only included him in one great rule, and said (Avot PD Miz): "Beautiful one hour of contentment in the next world from all the life of this world":

Rav Shlomo Zalman (Teshuvot Minchat Shlomo 1:91:24) maintains that we withhold these extreme life-saving measures if so requested by the gosseis. He adds that although this is permissible, it is preferable to explain to the patient that Torah philosophy advocates living as long as possible even if one experiences pain, as is indicated by the Mishnah in the context of a sotah³The Torah states that a sotah (woman suspected of adultery, see Bemidbar 5:11-31) who is found guilty will die a hideous death. However, if she has “merit,” Hashem will grant her a few extra years of life, during which she will slowly deteriorate and experience difficult illness. This indicates that it is preferable to die a slow and painful death rather than die immediately, as the Mishnah teaches that the extra years of life involving great suffering result from merit. (Sotah 3:4; also see Rambam Hilchot Sotah 3:20) and the Mishnah (Avot 4:22) that states, “One hour of teshuvah and good deeds in this world is better than all of the world to come.”⁴See, however, Ketubot 33b, Sotah 46b, Rashi’s comments to Shemot 15:5 s.v. Kemo Even, Teshuvot Igrot Moshe Y.D. 2:174:3, and Rav Hershel Schachter’s B’ikvei Hatzon 34 for situations in which it seems it is preferable to die immediately rather than suffer a prolonged, painful death.

Conceit is a very bad character trait and it is forbidden to act [haughtily] even to the slightest degree, but accustom yourself to be humble in spirit, as our Sages of blessed memory have decreed,⁴Mishnah Avos 4:4. "Be exceedingly humble in spirit."⁵A person should be imbued with the spirit of humility, but outward demonstrations of humility are frowned upon. Chazal state in Berachos 34b, that a commoner should not bow at the end of each berachah of the Shemoneh esrei, to show his humility. By contrast, the king should do so. Rashi explains, that the greater the stature of a person, the more humility he must show. A show of humility by an ordinary person is, in a perverse way, a display of pride. (She’arim Metzuyanim Behalachah) And how can you accustom yourself to be modest and humble? All your words should be spoken gently, hold your head down, your eyes should look downward, but your heart upward, and in your eyes, consider all men to be greater than you are. If he is a greater Torah scholar than you, then it is your duty to honor him. Likewise, if he is richer than you, you must also honor him, as we read [in the Talmud] "Rebbi was wont to honor the rich."⁶Eruvin 86a. Think of it this way: "Since Hashem, praised be He, gave him riches he is evidently worthy of it." If he ranks lower than you in wisdom or riches, consider that he is more righteous than you; because if he commits a sin it is considered an unintentional or accidental sin, whereas, when you commit a sin it is considered an intentional sin. If you keep this in mind at all times, you will never be arrogant and all will be well with you.

When I realized that the matter was not a simple one and involved a significant amount of money, I asked two Torah Academy of Beregn County colleagues to join me to form a beit din in line with the Mishnah’s (Avot 4:8) recommendation (see Tosafot, Sanhedrin 5a s.v. Kegon Ana and Shulchan Aruch C.M. 3:3) not to sit as a single judge.

That is that He commanded us to honor the sages, to rise in front of them and to glorify them. And that is His, may He be exalted, saying, "In the presence of the elderly you shall rise and you shall respect an elder" (Leviticus 19:32). And the language of the Sifra is, "Rising that has honor." And the regulations of this commandment have already been explained in the first chapter of Kiddushin. And you should know that even if this commandment is obligatory for all people in general - meaning to honor sages, and even [towards] a sage that is one's equal in wisdom, like they explained in their saying (Bava Metzia 33a), "The Torah scholars in Babylonia would stand up for one another" - you should know that there are additional [obligations] of honor for the student. And that is because the honor a student is obligated towards his teacher is much more than the honor due to a sage [in general]. And along with the honor, he is obligated to fear him. For they have already explained that the law of his teacher upon him is like the law of his father, whom Scripture has obligated him to honor and fear. And they already said (Sanhedrin 5b) that it is not permissible to disagree with his rabbi - meaning a disagreement that breaks with his instruction and legal decision, such that he relies upon his [own] wisdom and teaches or decides and instructs, unless [his teacher] gives him permission. And it is not permissible to quarrel with him, nor to get upset with him. And he may not suspect him regarding his actions or words with various suspicions, as it is possible that this was not [his teacher's] intention. And in the chapter [entitled] Chelek (Sanhedrin 110a), they said, "Anyone who disagrees with his teacher is as if he disagrees with the Divine Presence, as it is stated (Numbers 26:9), 'when they strove against the Lord.' And anyone who argues with his teacher is as if he argues with the Holy One, blessed be He, as it is stated (Numbers 20:13), 'These are the waters of Meribah, [where the children of Israel quarreled with the Lord].' And anyone who gets upset with his teacher is as if he is upset with the Divine Presence, as it is stated (Exodus 16:8), 'Your complaints are not against us, but against the Lord.' And anyone who suspects his teacher is as if he suspects the Divine Presence, as it is stated (Numbers 21:5), 'And the people spoke against God, and against Moses.'" And this is completely clear, since the disagreement of Korach and the argument of the Children of Israel - and their complaint and their accusation and their suspicion - was with Moshe, who was the teacher of all of Israel; but Scripture put all of these matters of theirs towards God. And in the explanation (Avot 4:12), they said, "The fear of your teacher is like the fear of the Heavens." And [this fear] is all deduced and proved from Scripture's commanding [us] to honor parents and sages, as is explained in many places in the Talmud - but that [does not make] it a separate commandement. And understand this. (See Parashat Kedoshim; Mishneh Torah, Torah Study).

From the laws of the commandment is that which they, may their memory be blessed, said (Ketuvot 105a) that one who [unnecessarily] prolongs the judgment is included in one vitiating judgement. And that which they said (Mishnah Avot 1:1), "Be deliberate in judgement," so that they not come to vitiation of the judgement. And they, may their memory be blessed, said (Yevamot 109b) that it is fitting for someone judging to consult with someone greater than he, if he is near him. And they said in warning about this matter (Mishnah Avot 4:7), "Anyone who prevents himself from judging - prevents from himself enmity, theft, and the false oath." And all of this is to teach us that the thing requires deliberation and much composure, so that they not err in the decision. As there are many things [involved] in legal decisions, and one must be a great sage in a decision - and it is like they, may their memory be blessed, said (Bava Batra 175b), "One who wants to become wise should engage in monetary laws, as there is no greater discipline in the Torah than them, as they are like a flowing spring." And they also warned us that the judgement of a small coin should be beloved to us like the judgement of a thousand expensive coins, to judge it according to its truth. And because of the weightiness of judgement, they greatly praised the one who can bring a compromise between the litigants. And about him is it said (Zechariah 8:16), "truth and peaceful justice shall you rule" - as this is the judgement of peace. And so too about David does it state (II Samuel 8:15), "and David executed judgement and righteousness (tzedekah, which is also the word for charity) for all of his people" - which is the judgment that also has charity? One can say, a settlement. And the rest of the many warnings that they, may their memory be blessed, warned us about equitability in judgement and the rest of the details of the commandment are scattered in the Order of Nezikin, and are primarily in Tractate Sanhedrin (see Tur, Choshen Mishpat 17).

The commandment to judge with righteousness: To judge with righteousness, as it is stated (Leviticus 19:15), "you shall judge your people with righteousness." And the explanation of it comes that the judges were commanded to treat the parties to the dispute equally - meaning to say that the judge not honor one of the litigants more than the other. And so they said in Sifra, Kedoshim, Chapter 4:4 that one not speak all that he needs, and [the judge] say to the other, "Speak briefly." And so [too,] in the chapter [entitled] Shevuot HaEdut (Shevuot 30a), "Our Rabbis learned, '"You shall judge your people with righteousness" - that it not be that one stand and one sit; one not speak all that he needs, and [the judge] say to the other, "Speak briefly."'" And so [too,] included in this commandment is that every man that is wise in the laws of the Torah and righteous in his ways is commanded to judge the law of the Torah between parties of a dispute, if he has the power in his hand [to do so]. And even an individual can judge from Torah writ - and like they, may their memory be blessed, said (Sanhedrin 3a), "One can judge his fellow from Torah writ, as it is stated, 'You shall judge your people with righteousness.'" But the sages warned (Mishnah Avot 4:8), that a man not judge alone. And also included in this commandment is that it is fit for every person to judge his fellow favorably, and only to understand his deeds and his words favorably.

From the laws of the commandment is that which they, may their memory be blessed, said that there is no need to say that someone who is not a sage is obligated in the honor of a sage, but rather even a sage is obligated in the honor of [another] sage; as they, may their memory be blessed, said (Bava Metzia 33a), "The Torah scholars in Babylonia get up for one another." And that which they also elucidated that with the honor of a teacher upon his student, there is a great addition upon the honor that he is obligated to any other sage. And they emphasized this to the point that they said (Avot 4:12) "The reverence of your teacher [should be] like the reverence of Heaven." And in the explanation, they said [between] his father and his teacher, his teacher has precedence in honor, in a lost object, in a load and in captivity. But if his father was a sage - even though he was not equivalent to his teacher - his father has precedence. And in the chapter [entitled] Chelek (Sanhedrin 110a), they said, "Anyone who disagrees with his teacher is as if he disagrees with the Divine Presence, as it is stated (Numbers 26:9), 'in their quarreling with the Lord.'" And they spoke at much length about this matter there.

The root of this commandment is revealed, as through it a person is protected from sinning against God all his days. This commandment is really a fundamental principle in the religion, as evil thoughts are the progenitors of impurities, and the actions are their descendants. And if a person dies before having children, there is no record of the progeny; so it emerges that this prevention is the root that all good comes from. Understand my son, and let it be a jewel in your mouth, that which they, may their memory be blessed, said (Avot 4:2), "One sin leads to another, and one commandment leads to another." As if you allow yourself to fulfill your evil desire one time, you will be drawn after it many times. But if you merit to be 'mighty in the land' and to conquer your evil inclination and close your eyes from seeing evil one time, it will be easier for you to do so many times. As lust pulls the body like wine draws the drinker. Drunkards can never be sated by wine, but they will rather have a great desire for it. And according to [the large quantity that] they have gotten themselves accustomed, the stronger their desire will become. And if only they would drink a cup of water, it would temper the burning fire of [their] desire for wine, and make it pleasant for them. The same is true here: The more a person allows himself to be governed by his desires and to allow them to become habit, the stronger his evil inclination becomes every day. But in his preventing himself from them, he will always be happy with his portion every day; and he will see that 'God made people straight, but they seek out many schemes' for no reason of any point.

And [also] that which they said (Shabbat 49a) that tefillin requires a clean body, and they said in the Gemara, "What is a clean body? That he be careful not to pass gas with them [on]." But the matter is not to say that it requires a body clean of sins or of impurity. As every man, even one impure or a sinner is obligated about the commandment of tefillin, so long as he knows to be careful not to pass gas with them [on]. And maybe from being constant with the commandment of tefillin - as they are a great memory device for a person about his service to the Heavens - he will repent from his evil way and purify himself from all of his filth. And the Sages, may their memory be blessed, obligated us about the commandment of tefillin to educate even the small youths about it, so long as they have arrived to the category [of those] that know to guard them. And from here it can be understood that the opinion of our Rabbis, may their memory be blessed, was that every man should grab onto this commandment and be accustomed to it, since it is a great fundamental, a protection from sin and a strong ladder to climb with to enter into the service of the Creator, blessed be He. And maybe the intention of those that are stringent about the holiness of the commandment, and discourage the hearts of the masses with their words from being involved with it, is good. But in truth, through this, there is the prevention of people from several commandments, and [so] it is a great evil. And [this is] even though I know that those that preach these lessons base themselves on the Talmud Yerushalmi Berakhot 2:3, "About a certain man who deposited a glass with his fellow, and afterwards demanded it [back] from him and [the other] denied [having it]." And the owner of the glass said to him, "'It is not you that I trusted, but that which is on your head that I trusted'" - and their intention is to say that there is a desecration of God's name, to be pious about some commandments and to be evil about others. But this is not my home with God (not how I understand the ways of God); as I know that 'there is no righteous man in the world who does good and never sins,' and nonetheless he is not prevented from being involved with commandments when the good spirit of God clothes him to do the good. As who knows whether maybe he will continue in his good path until the time of his death - and death will come suddenly. And they, may their memory be blessed, have already taught us (Avot 4:2) that "a commandment leads to another commandment" and "the reward for a commandment is another commandment." About all of these things and the good ethics, they, may their memory be blessed, have preceded us and taught us. And those that want to be wise and add upon their words or take away [from them] are not [involved in] wisdom.