פירוש על אבות 3:13

JEST AND LEVITY ACCUSTOM A MAN TO PROMISCUITY. Rabbenu Yonah writes that the implication is that seriousness and solemnity are a fence around promiscuity, for this entire mishna is discussing fences. Midrash Shmuel explains that the mishna does not explicitly say so, as it does in the other cases, because it tells us much more this way: that jest and levity accustom, i.e. they ingrain the habit. Had the mishna simply said that seriousness and solmenity are a fence around promiscuity, I would only have been able to conclude that jest and levity bring a man to promiscuity, but not that they accustom him to it.

Rabbi Akiva says: Joking and lightheartedness acclimate toward promiscuity: He wants to say that joking and words of idle conversation with lightheartedness acclimates to promiscuity. But seriousness and fear are a safeguarding fence around sexual prohibitions - as this whole mishnah is talking about safeguarding fences.

When a man makes vows and keeps them, the acquisition of keeping away from that which he wants to keep away from comes into his hand, and that acquisition is strengthened for him. And abstinence becomes easier for him, meaning to say guarding from impurities - as they said in Chagigah (Mishnah Chagigah 2:7), "The clothes of an am ha'arets [unlearned person] are midras (considered impure by treading) for the abstinent.

"Joking and lightheartedness, etc.": That is to say, "but seriousness of mind and awe is the safeguarding fence around promiscuity"; as this whole mishnah is speaking about safeguarding fences - the teacher, Rabbenu Yonah. And we did not learn, "the safeguarding fence, [etc." here,] because it would not have made us understand that it acclimates one [to it], but rather that it brings one to promiscuity - Midrash Shumuel. And see Tosafot Yom Tov.

"Tradition is a safeguarding fence around Torah": The tradition that the sages passed down to us about the missing and extra letters of the Torah is a fence and a strengthening of the written Torah; as through them, we understand how to do several commandments. As with, [the tradition that in the Torah it is written,] "basukkot... basukkat... basukkat" - two [of these words] missing [letters], and one complete - from which we learn [how to] make a fit sukkah (booth) with three partitions. And, for example, "the appointed times of the Lord which you shall declare" - which is written missing [a letter] in three places (rendering the word, "them," into "you," "otam" into "atem") - to teach [that the intercalation of the month is binding, and dependent upon] "you, even if you err without volition; you, even if you err with volition; you, even if you are mistaken."

Rabbi Akiva said:
Merriment and frivolity accustom one to sexual licentiousness;
Tradition is a fence to the Torah;
Tithes a fence to wealth,
Vows a fence to abstinence;
A fence to wisdom is silence.
Rabbi Akiva is arguably the most famous and influential rabbi in Jewish history. He was certainly the most influential rabbi in the mishnaic period. The Mishnah is based largely on his teachings, although most of them are attributed to his students.
There are numerous legends about Rabbi Akiva, perhaps the most famous one of them being that he did not begin to learn Torah until he was 40 years old. He died the death of a martyer when the Romans used a steel comb to flay his skin.
Merriment and frivolity accustom one to sexual licentiousness: one who acts with frivolity and is merry in the company of the opposite sex will eventually have sex with those with whom sex is prohibited (such as adultery).
Tradition is a fence to the Torah: according to most commentators this refers to the comments which were added to the text of Biblical books, and are meant to explain how the words are sometimes read in a manner different from the way that they are spelled. These comments act as a fence in the sense that they prevent misinterpretation of the Bible. The reason that they are called “tradition” is that they were preserved as traditions that were added to the Biblical text itself. [The Hebrew word for tradition is “masoret”. Those who eventually put down in writing all of these marks and fixed the “correct” readings for the Bible were called the Masoretes.]
Another explanation of this statement is that “tradition” refers to the Oral Torah, which was transmitted from generation to generation to teach us the correct interpretation of the Bible.
Tithes a fence to wealth: by properly tithing one’s produce one can ensure that he will grow rich. By extension, according to the rabbis, one who wanted to ensure that he would prosper should give more charity.
Vows a fence to abstinence: by taking vows a person can prevent himself from engaging in forbidden sex. If a person’s desires are strong, and he feels that he cannot overcome them, he may be better able to motivate himself and keep himself from sinning if he takes a vow not to do what is forbidden. In an interesting analogy, I know people who keep kosher who have no problem doing so but have terrible trouble sticking to their weight-loss diets. Sometimes, in order to more motivate themselves not to eat heavy dairy deserts they will eat a small piece of meat, thereby making it forbidden to eat milk afterwards. This is like the person who can only control his sexual desires if he takes a vow not to act upon them.
A fence to wisdom is silence: as we saw above in mishnah 1:17, one who tends to keep quiet will always at least seem wiser than one who can’t keep quiet. Also by being silent a person can actually hear what others are saying and thereby learn from them. According to a rabbinic teaching, this is why people were created with two ears and only one mouth, so that they could listen twice as much as they speak.

MASORET IS A FENCE FOR THE TORAH. When Rav writes “אתם, you—even mistakenly; אתם, you—even intentionally; אתם, you—even misled,” he is quoting the Talmud in Rosh HaShanah 25a. Rashi there comments: “mistakenly”—of their own accord. They though it was supposed to be a leap month. “Misled”—by false witnesses. The third part, “even intentionally,” is quoted by Tosafot in Rosh HaShana 22b s.v. lehat`ot, but Rambam in Hilchot Kiddush HaChodesh, 2:10 , reads “forced.”

Tithes are a safeguarding fence around wealth: And like we say in Tractate Taanit 9a about that child that was reading "A tithe shall you tithe (Aaser teaaser)" (Deuteronomy 14:22): Rabbi Yochanan said to him, "Take a tithe so that you will become wealthy." The [boy] said to him, "And is it permitted to test the Holy One, Blessed be He? But it is written (Deuteronomy 6:16), 'You shall not test the Lord your God'?" [Rabbi Yochanan] said to him, "Rabbi Hoshaya (said as follows), 'Except for this, as it is stated, "Bring the whole tithe into the storeroom, that there may be food in My house, and test Me now by this"'" (Malachi 3:10). And about this is it said, "Tithes are a safeguarding fence around wealth" - that the person that wants to be wealthy should give tithes with a good eye. And he should not say, "[I have] a thousand kor - how can I give a hundred to the tithe, and they are worth much." As God, may He be blessed and elevated, is trustworthy to pay him all that he gave and to multiply the reward. And this is true also based on experience. And the matter of charity is like the matter of tithes - and [so] when he increases charity, he adds wealth to his wealth. And a person's heart should not prevent him from giving large gifts to the needy, lest his wealth shrink and he not have enough. And he will know that this will be the reason that he will have a right to make [wealth]. And the very wealthy one should not think that by his giving much charity - if he doesn't give [proportionately] according to his wealth and multitude of assets - that he will be innocent. As an evil thing may come into his heart to say, "How many coins have I scattered in charity; how many, many were dying of hunger and I saved them." And he does not know about all [this], that the poor person who gives a 'great sum' according to the tithe is better [off]. As [in the case of] a poor man who only has a seah and gives its tithe as is fit and a wealthy man who has two thousand seah and gives one less than two hundred; the poor man gets out innocent, but the rich man is [still] obligated by them. So is [it with] charity: everyone must give according to what he has - whether [it is] little or whether [it is] much.

[Regarding the example given by Rabbi Bartenura about how tradition is a safegurarding fence around Torah:] "'Without volition' - of their own accord, [meaning] they believed it was fitting to intercalate [the month even though it was not]; 'mistaken' - as a result of false witnesses" - Rashi.

"Tithes are a safeguarding fence around wealth": As it is written (Deuteronomy 14:22), "aser taaser (you shall surely tithe)," [which is interpreted as] "tithe (taaser) so that you will become rich (titaasher)." (Taanit 9a)

TITHES ARE A FENCE FOR WEALTH. Midrash Shmuel notes that in an edition of the Mishna from Jerusalem the text reads “tithes are a fence for Torah,” and explains that those receiving the tithes will be able to immerse themselves in Torah and study it, per the Sages’ saying, “the Torah was only given to those who eat terumah” [*and I have already written in Ma`asarot 1:16 that this is a general name for all of the priestly gifts]. He quotes R. Yisrael explaining this using the verse “and you shall eat before Hashem, your G-d… the tithes of your grain… In order that you may learn to fear Hashem, your G-d” (Deuteronomy 14:23).

Tradition is a safeguarding fence around Torah: Traditions are the full spellings and incomplete spellings [of the words in the Torah] and the cantillation notes that the sages passed on to their students. And they are a safeguarding fence around the written Torah, such that you do not find differences among the books [of the Torah], except in a few places. This is not the case with the books of the Talmud, as in many place the versions differ. Also each and every day, new rationales are developed - and they write the version according to their opinion. And 'the right has been given' to tolerate it. 'As there is no perfect book in the world that they have not made to err.' And they attribute the mistake to the book and not to their opinion.

"Tithes, etc.": The text of a Jerusalemite [copy of the] mishnah, reads, "Tithes are a safeguarding fence for Torah." And he explained that, through this, the ones that receive it were able to be strong in Torah [study]; as per [the sages'] statement, may their memory be blessed, "The Torah was only given to those that eat the priestly tithe (terumah)" (and tithes is a general name for all of the gifts [given to the Levites and the priests]). And the teacher, Rabbi Yisrael explained that [it is because it] is written, "And you shall eat, etc. the tithe of your grain, etc. in order that you will learn to fear, etc." - Midrash Shmuel.

"Vows are a safeguarding fence around abstinence": When a person begins abstinence and is afraid, lest he violate [that abstinence], he should accept [it] upon himself with the language of a vow that he should not do such and such; and through this, he will conquer his [evil] impulse.

OATHS ARE A FENCE FOR ASCETICISM. Rav: when a person first attempts to become an ascetic… he accepts upon himself via a neder that he will not do such-and-such. See what I wrote on Nedarim 1:1, s.v. kenidrei k’sherim.

Vows are a safeguarding fence around abstinence: Abstinence is a superior virtue and there are several good virtues that are [needed] to acquire it, as we say (Avodah Zarah 20b), "Cleanliness leads to abstinence." And this is one who separates from the pleasures of the world - even from the things that are permissible in eating and sexual relations; even from all of the other desires in avoiding honor and lordship and wealth and what is similar to them. And he distances himself from the roots of [the pleasures] and brings himself near to the fundamentals (literally, trunks) of the soul and its foundation. And [hence] he is close to the service of the Creator, may He be blessed. How is it with food? One who eats a little in order to live that he be healthy to study much Torah and to do great service in the service of God. And he drinks to fill his thirst and not to get drunk and [so] not 'expose himself within his tent.' And that which he only has sexual relations to fulfill the commandment, behold this is from the way of abstinence - as his intention is not to enjoy from the world. And there is also a second benefit: that he guard his soul from sin - as when his impulse overpowers him and he desires to do a sin, he will say in his heart, "I am vigilant about what is permissible, [so] how can I do this great evil, and 'I will have sinned to my Father in heaven all of the days.'" And this thing will [protect] him from all of the stumbling blocks. But one who goes after natural physicality and is pulled by his desires and his pleasures - even if he does not do a forbidden thing - will be found to have distanced himself from the fundamentals of his soul and its foundation. He will have also caused his soul to follow the body and the physical and 'sever it with an ax from its roots and its foundation.' And [it is] as it is written (Hoshea 4:11), "Promiscuity, wine and new wine take the heart." Hence they gave a counsel to the one who is not able (to lead) to control his spirit and is pulled by the pleasures, to make a vow for some days to say, "I will not eat and not drink until time x except like this"; or to forbid what is permissible. And [then] his habit will control him, from that which he observes his vow. It comes out that he leads himself to conquer his impulse. And with this, the benefit that is in his hand is abstinence. And [it is] as [someone] said to Rabbi Pinchas (the editor said [that] this statement is in Yerushalmi Shabbat 1:3 and the version there is "to Rav"), "If you are not able to eat mundane foods in purity all of the year, eat [it so] for seven days." As one who eats mundane foods in purity is called an abstinent, as we say (Chagigah 18b), "The clothes of an ignoramus are impure in midras for the abstinent (prushim)." However it is not fit to fence oneself with fences unless his impulse is overpowering him, [and then] he may make a vow as a way of healing. However one who controls his spirit and is able to reach the trait of abstinence without a vow should not vow. [It is] as we said (Yerushalmi Nedarim 9:1), "Is it not enough for you with what the Torah forbade, such that you forbid yourself the permitted?" But certainly if you see a man whose impulse is overpowering him, he needs to add a big fence according to that which he needs to conquer his impulse. And once he has conquered his impulse, he goes back to the moderate disposition. There is a parable about a physician [relevant to this]: When the physician sees that the illness is mild and easy to heal, he gives him a mild treatment. But when he sees that he illness is heavy and strong, he chooses a strong treatment until he heals; and afterwards, he goes back and gives him moderate things that hold the body's health. And because of this, they said, "Vows are a safeguarding fence around abstinence" - and they did not say, "Oaths are a safeguarding fence around abstinence." As an oath halts immediately, as he swears that he will not eat this thing until day x. And that is not a safeguarding fence - as he is halted immediately, in that he cannot transgress it. But a vow is that he say, "If I eat more than this amount until day x, all of the fruits of the world will be forbidden until a different time that he specifies. That is called a safeguarding fence, as it is a thing that he may overstep. And it is better for the one whose heart is dedicated to the Heavens if he is not in control of himself to do the safeguarding fence without a vow.

"A safeguarding fence around wisdom is silence": And it did not say, "Silence is a safeguarding fence around wisdom," as it is different here, since there is no safeguarding fence around wisdom besides silence alone. And that is why it taught [the word], "fence" first [here]; which is not the case with the others - as even though, each one is a safeguarding fence to that thing, nonetheless, there is for that thing also another fence besides it - Midrash Shmuel.

"A safeguarding fence around wisdom is silence": What do we establish [these words] to be referring to? If it is about silence from words of Torah, behold, it is already written (Joshua 1:8), "and you shall reason it, etc."; if it is about silence from talebearing, evil speech and curses, they are [prohibited] from the Torah. Hence it is only speaking about optional words between a man and his fellow, in which a person should minimize his speech as much as possible. And about them Shlomo said (Proverbs 17:28), "A fool who is silenced is also considered a wise man."

A FENCE FOR WISDOM IS SILENCE. The mishna does not say “silence is a fence for wisdom,” following the order of the other sections, because it often changes the language of the last item in a list to make clear that it is the last—Maharal in Derech Chaim. Midrash Shmuel writes that this case differs from the others in that there is no fence for wisdom other than silence, for which reason the mishna says “a fence for wisdom is silence,” i.e. the only fence for wisdom is silence. Whereas in the other cases, though the mishna gives a fence for each one, other fences might exist.

A safeguarding fence around wisdom is silence: This is a safeguarding fence for both wisdom itself and for its traits. How is it? That he doesn't interrupt the words of his fellow, and he says about that we has not heard, "I have not heard." And even though it is not included in silence, silence brings to it. With wisdom, how is it? He does not speak in front of someone greater than him in wisdom. As one who studies in front of his teacher and sees a fit rationale should not immediately think that it is true; and he should not want to say it until his teacher has finished speaking. For were he to do so, he would miss what his teacher will say and he will not know the rationales of the earlier sages; as his heart will be 'moving and wandering from knowing their opinion.' And also because his [own] rationale cannot be so focused until he hears what the early scholars said and [then] weigh in the scales of his intellect which one is more proper - this one or that one. Therefore silence for a student in front of his teacher "is a safeguarding fence for wisdom." And when he finds a rationale and his teacher is still speaking, should he not be quiet? He should not open his mouth until the words of his teacher are clear and his rationale is etched into his heart - until he finishes his words and knows what his teacher taught him. And afterwards, his reasoning will be sharp and focused. And about this Shlomo, peace be upon him, said (Proverbs 18:2), "The fool does not desire understanding, but only to reveal his heart."

And since that [even] a fool who is silenced is considered wise, we understand from it that anyone who is silent, behold, he is wise. And also, above [the verse just referenced], it is written, "The knower of knowledge saves his speeches, the man of understanding's breath is very dear."

SILENCE. Rav: refraining from saying permissible¹¹⁵I.e., neither forbidden things, like gossip, nor things one ought to and must say, like words of Torah. things. Concerning them Solmon said, “even a fool, if he stays silent, will be thought a wise man” (Mishlei 17:28). Since even a fool, should he stay silent, will be thought a wise man, we can infer that anyone who stays silent is wise.¹¹⁶It would be tempting to say that this is a printer's error, as the verse says that even fools who stay silent are considered wise. Not all those who are silent, then, are actually wise! But if we reverse the sentence to read “we can infer that anyone who is wise stays silent,” we are still left with a conclusion that in no way follows from the verse. There is no error here, and Tosafot Yom Tov understands the verse in Proverbs as Meiri does in his commentary there. It is not that a fool will mistakenly be considered a wise man if he remains silent. Rather, though he is a fool, in this respect he will be considered wise: he stays silent when he has nothing substantive to say. So also Ibn Yachya there. Now there is proof that it is a wise thing to remain silent, for then one will not end up offering opinions out of ignorance and looking foolish. Moreover, the verse before this one says “a discerning man spares his words, an understanding one is reticent” (Proverbs 17:27); commenting on this first verse, Proverbs continues “even a fool, etc.” Since the words in the mishna are “a fence for wisdom,” Rav wished to quote a verse that mentions a wise man.