Commento su Pirkei Avoth 3:6
רַבִּי חֲלַפְתָּא בֶן דּוֹסָא אִישׁ כְּפַר חֲנַנְיָה אוֹמֵר, עֲשָׂרָה שֶׁיּוֹשְׁבִין וְעוֹסְקִין בַּתּוֹרָה, שְׁכִינָה שְׁרוּיָה בֵינֵיהֶם, שֶׁנֶּאֱמַר (תהלים פב) אֱלֹהִים נִצָּב בַּעֲדַת אֵל. וּמִנַּיִן אֲפִלּוּ חֲמִשָּׁה, שֶׁנֶּאֱמַר (עמוס ט) וַאֲגֻדָּתוֹ עַל אֶרֶץ יְסָדָהּ. וּמִנַּיִן אֲפִלּוּ שְׁלשָׁה, שֶׁנֶּאֱמַר (תהלים פב) בְּקֶרֶב אֱלֹהִים יִשְׁפֹּט. וּמִנַּיִן אֲפִלּוּ שְׁנַיִם, שֶׁנֶּאֱמַר (מלאכי ג) אָז נִדְבְּרוּ יִרְאֵי ה' אִישׁ אֶל רֵעֵהוּ וַיַּקְשֵׁב ה' וַיִּשְׁמָע וְגוֹ'. וּמִנַּיִן אֲפִלּוּ אֶחָד, שֶׁנֶּאֱמַר (שמות כ) בְּכָל הַמָּקוֹם אֲשֶׁר אַזְכִּיר אֶת שְׁמִי אָבֹא אֵלֶיךָ וּבֵרַכְתִּיךָ:
R. Chalafta Ish Kfar Chaninah dice: Se dieci siedono in giudizio, la Shechinah rimane in mezzo a loro, come è scritto (Salmi 82: 1): "Dio sta nella congregazione dell'Onnipotente" [e una "congregazione" non è da meno di dieci, come è scritto nei confronti delle spie (Numeri 14:27): "Quanto dura questa malvagia congregazione!" (Giosuè e Kalev sono esclusi, lasciando dieci)]. E da dove (deriva questo) anche per cinque? Da (Salmi 82: 1): "In mezzo ai giudici [(tre giudici e i contendenti)] giudicherà". E (da dove deriva questo) anche per tre? Da (Amos 9: 6): "E fondò il suo legame sulla terra". [(tre :) fuoco, aria e acqua (che circondano le fondamenta della terra)—da cui si vede che tre è un "legame". O da (Esodo 12:22): "un fascio (tre steli) di issopo". Ci sono testi che recitano: E da dove ne deriviamo anche cinque? Da "E ha fondato il suo legame sulla terra". Un uomo "lega" con una mano, su cui ci sono cinque dita. E le (cinque) dita della mano collettivamente sono chiamate un "legame". E l'inizio del verso recita: "Costruisce le sue salite nei cieli". Cioè, la Shechinah, che è nei cieli, scende sulla terra quando c'è un legame (di uomini) impegnato nello studio della Torah. E da dove ne deriviamo anche tre? Da "In mezzo ai giudici (tre) giudicherà".] E da dove ne derivano anche due? Da (Malachia 3:16): "Quindi i timorosi della L si parlarono [(due sono impliciti)] e la L ascoltò e ascoltò, ecc." e da dove ne deriva anche uno? Da (Esodo 20:21): "Ovunque menzionerò il mio nome, verrò da te e ti benedirò."
Tosafot Yom Tov on Pirkei Avot
TEN WHO SIT AND STUDY TORAH. Rav: the mishna should read, “ten who sit in judgment.” We find courts comprised of ten members in cases of erech judgments, as in the first mishna in Sanhedrin, and a court can be comprised of two or even one member if the litigants agree to abide by their ruling. Alternately, “one” could refer to an outstanding expert,95Who is legally able to judge cases by himself, even without special acceptance from the litigants. see Rav on Sanhedrin 1:1. [*See also below.]
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Rabbeinu Yonah on Pirkei Avot
Rabbi Chalafta [ben Dosa] of Kfar Chananiah says: Ten who are sitting together and engaging in Torah, the Divine Presence rests among them, as it is said (Psalms 82:1): “God stands in the congregation of God”: And there is no congregation that is less than ten.
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Rambam on Pirkei Avot
"In the congregation of God": Behold, we have explained in the beginning of Sanhedrin (Rambam on Mishnah Sanhedrin 1:6), that a congregation does not apply to less than ten. And there we also explained that a court is no less than three and they are called elohim (powers) with regard to judgement. And the explanation of "band" (bundle) is that which a man bands [together] in his one hand. And the hand has five fingers in it. And the group of five fingers is also called a band.
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Ikar Tosafot Yom Tov on Pirkei Avot
And so have we found [that] ten judge in the laws of appraisals; or two plus one if the [litigants] have accepted them upon themselves; or also an individual expert.
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Bartenura on Pirkei Avot
"Ten who are sitting in judgement": is the textual variant we [follow].
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English Explanation of Pirkei Avot
Introduction
Rabbi Halafta was a student of Rabbi Meir (who himself was a student of Rabbi Akiva). Kefar Hanania was a village on the border between the Lower and Upper Galillee.
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Tosafot Yom Tov on Pirkei Avot
AND WHENCE THAT EVEN FIVE. Midrash Shmuel: Rashbam reads “whence,” and not “and whence,” in this and the other instances in our mishna. The explanation seems to be that one can only use the conjunctive “and whence” to find a source for a previously established idea which needs only a Scriptural allusion. But in our case, there is no previously established idea and the mishna seeks an actual derivation of the law. In that case, it is better to use the phrase “whence” without an “and,” as there is nothing preceding to tie it to and it is an independent idea.
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Rabbeinu Yonah on Pirkei Avot
And from where [is there proof that this is true] even [when there are only] five? As it is said (Amos 9:6): “And He has founded His band upon the earth:” A hand which hs five fingers is called a band (aguda).
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Ikar Tosafot Yom Tov on Pirkei Avot
Even though [Rabbi Bartenura's] textual variant was "in judgement;" [judgement] is, all the more so, involvement with Torah
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Bartenura on Pirkei Avot
:"'in the congregation of God'”: And there is no 'congregation' (edah) that is less than ten. As it is stated with the [twelve] scouts (Numbers 14:27), "Until when will this evil congregation": subtracting Yehoshua and Calev, behold, ten.
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English Explanation of Pirkei Avot
The most important aspect of this mishnah to note is its highly-crafted structure. The mishnah begins by saying that God (the Shechinah) resides only when ten are gathered together to study Torah. If the mishnah were to have stopped here one would think that any lesser number of people studying Torah do not merit the Shechinah’s presence. However, the mishnah continues to lower the number until at the end it reaches the climax: even one who studies Torah merits the presence of the Shechinah. Since the idea of this mishnah is not difficult, and has been presented in previous mishnayoth, we will only explain now the use of the Biblical prooftexts.
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Tosafot Yom Tov on Pirkei Avot
FIVE, FOR THE VERSE SAYS, “AND ESTABLISHED HIS GROUP UPON THE EARTH.” Tosafot in Sukkah 13a (s.v. beshalosh) uphold this version. See also below. [*Although Rav reads “who sit in judgment on a court” earlier in the mishna, there is no difficulty in the fact that he explains this “group” as a group of people studying Torah, because the mishna applies to them all the more so. Cf. my comments below.]
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Rabbeinu Yonah on Pirkei Avot
And from where even three? As it is said (Psalms 82:1): “In the midst of judges He judges:” And there is no court that is less than three.
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Ikar Tosafot Yom Tov on Pirkei Avot
"even two?”: And since even two, do I need [to say] three? What would you say [otherwise]? Judgement is just making peace and [so] the Divine Presence does not come. [Hence] the verse comes to make us understand that judgement is also Torah [study]. And since even three, do I need [to say] ten? [With] ten, the Divine Presence comes to precede [them; with] three, [It waits] until they are seated. And [this explanation from the Talmud] is speaking about what was stated there, and there 'five' was not stated. And in Midrash Shmuel, he wrote that with ten, He is upright - he means to say, He is standing - as if it were possible - and they are sitting; which is not the case with five, as [there,] "upright" is not written. And see what I wrote above, note 11 (Ikar Tosafot Yom Tov on Avot 3:2:5)
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Bartenura on Pirkei Avot
"And from where [is there proof that this is true] even [when there are only] five? As it is said (Psalms 82:1), 'In the midst of judges He judges'”: Three judges and two litigants.
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English Explanation of Pirkei Avot
Rabbi Halafta of Kefar Hanania said: when ten sit together and occupy themselves with Torah, the Shechinah abides among them, as it is said: “God stands in the congregation of God” (Psalm 82:. The word “congregation” is understood to refer to a minimum of ten. See Sanhedrin 1:6 which makes reference to Numbers 14:27.
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Tosafot Yom Tov on Pirkei Avot
EVEN TWO. Talmud, Berakhot 6a: since this is true even of two, what need is there to say it of three? You might say that a judgment is mere peacemaking, and the shechina would not come. This tells us that a judgment is also considered Torah. Since this is true even of three, what need is there to say it of ten? For ten, the shechina appears first, but for three, it does not come until they sit in judgment. The Talmud is commenting on the passage that was quoted there, which does not speak separately of the case of five.
Midrash Shmuel writes that for ten, the shechina stands, i.e. it “stands” while they sit, while for five the verses does not mention the shechina standing.
Midrash Shmuel writes that for ten, the shechina stands, i.e. it “stands” while they sit, while for five the verses does not mention the shechina standing.
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Rabbeinu Yonah on Pirkei Avot
And from where even two? As it is said (Malachi 3:16): “Then those who feared the Lord spoke one with another.” And from where even one? As it is said (Exodus 20:20 (20:21 in NJPS)): “In every place where I cause My Name to be mentioned I will come to you and bless you.:” And if even one gets much reward, is it not obvious that from to ten to two, they would [also] get reward. Rather, he wants to say that to each [number], the reward is according to [the quantity].
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Bartenura on Pirkei Avot
"And from where even three? As it is said, 'And He has founded His band upon the earth'”: Fire and air and water - which are three - "He has founded upon the earth;" [as they] surround the fundamental element of earth. Behold to you, three are called a "band." And also (another explanation is) we have found that three are called a band [with] a "band of hyssop," which are three stalks. And some books have written in them, "From where [is there proof that this is true] even [when there are only] five? As it is said (Amos 9:6), 'and He has founded His band upon the earth'”; as a man bands together [things] into his one hand, which has five fingers; and [so] the group of fingers in the hand is called a band. And in the beginning of the verse it states, "He Who builds His upper chambers in the heavens," which is to say [that] the Divine Presence - which is in the heavens - comes down to the earth when there is a band there, that is involved with Torah. [And the continuation of this textual variant is:] "From where even three? As it is said (Psalms 82:1), 'In the midst of judges He judges.'”
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English Explanation of Pirkei Avot
How do we know that the same is true even of five? As it is said: “This band of His He has established on earth” (Amos 9:6). The word “band” is understood to mean five, for a “band” is what is gathered in a person’s hand which has five fingers.
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Tosafot Yom Tov on Pirkei Avot
AND WHENCE THAT EVEN ONE. See what I wrote on mishna 2, where I quoted the Talmud in Berakhot 6a: since this is true even of one, what need is there to say it of two, etc.
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Bartenura on Pirkei Avot
"'since he takes (natal) for it'”: [It is] an expression of covering: the [Aramaic] translation of (Exodus 40:3) "and you will cover" is 'vetatel;' which is to say the Divine Presence hovers upon him.
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English Explanation of Pirkei Avot
How do we know that the same is true even of three? As it is said: “In the midst of the judges He judges” (Psalm 82:1) The minimum number of judges for a court is three.
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Tosafot Yom Tov on Pirkei Avot
FOR THE VERSE SAYS “EVERYWHERE, ETC.” I’ve already written that in my opinion the text here should have the verse “let him sit alone, etc.” This is why Rav’s commentary here has the words “for he has taken upon himself—because natal here means ‘shading’ or ‘protecting’”, as does Rashi’s commentary, per the testimony of Midrash Shmuel but not per his conclusion, which is that those words should appear in Rashi’s commentary earlier.
Tosafot uphold the version that quotes the verse “and his group etc.” in the case of five, as I wrote above, and their proof is that the Talmud in Berakhot 6a quotes “He Judges in the midst of judges” for the case of three. Now although that same passage in Berakhot 6a also quotes the verse “everywhere I cause my name to be mentioned” for the case of one, that is no proof that we should read this in the text of our mishna,96The argument goes as follows. Since Tosafot is willing to establish the text of our mishna for the case of five based on the passage in Berakhot 6a and Tosafot Yom Tov has accepted their argument for the case of five, consistency should force him to then accept the verse adduced in Berakhot 6a for the case of one as the verse to appear in our mishna as well. Tosafot Yom Tov now counters this argument. because the Talmud might be discussing mishna 2. This is an especially strong argument if we take into consideration that Rav reads “ten that sit in judgment” in our mishna, making the case of one likewise one that sits in judgment, as I explained earlier. Therefore, when the Talmud in Berakhot 6a speaks of one who sits and studies Torah it is quoting the earlier mishna. That passage does present some difficulty, because since the material is taught in a mishna, it is unclear what the amora who says it independently is teaching us.
One might object that if we emend the text to quote the verse “let him sit alone” for the case of one, how will this verse relate to someone sitting in judgment? But this is no objection, for when the judge has heard the claims and is thinking through the case he indeed “sits alone and is quiet,” since there is nobody with whom to discuss the case. In fact, a lone judge is more likely to sit quietly and think than one who is studying Torah, for although he is alone it is quite likely that he will study aloud to fulfill the verse “for they [the words] are life to those who find them” (Proverbs 4:22), which the Talmud in Eruvin 54a reads midrashically: read not “those who find them” [Heb. motz’eihem] but “those who bring them forth from their mouths” [Heb. motzi’eihem]. But to judge one must think and ponder the case.
Tosafot uphold the version that quotes the verse “and his group etc.” in the case of five, as I wrote above, and their proof is that the Talmud in Berakhot 6a quotes “He Judges in the midst of judges” for the case of three. Now although that same passage in Berakhot 6a also quotes the verse “everywhere I cause my name to be mentioned” for the case of one, that is no proof that we should read this in the text of our mishna,96The argument goes as follows. Since Tosafot is willing to establish the text of our mishna for the case of five based on the passage in Berakhot 6a and Tosafot Yom Tov has accepted their argument for the case of five, consistency should force him to then accept the verse adduced in Berakhot 6a for the case of one as the verse to appear in our mishna as well. Tosafot Yom Tov now counters this argument. because the Talmud might be discussing mishna 2. This is an especially strong argument if we take into consideration that Rav reads “ten that sit in judgment” in our mishna, making the case of one likewise one that sits in judgment, as I explained earlier. Therefore, when the Talmud in Berakhot 6a speaks of one who sits and studies Torah it is quoting the earlier mishna. That passage does present some difficulty, because since the material is taught in a mishna, it is unclear what the amora who says it independently is teaching us.
One might object that if we emend the text to quote the verse “let him sit alone” for the case of one, how will this verse relate to someone sitting in judgment? But this is no objection, for when the judge has heard the claims and is thinking through the case he indeed “sits alone and is quiet,” since there is nobody with whom to discuss the case. In fact, a lone judge is more likely to sit quietly and think than one who is studying Torah, for although he is alone it is quite likely that he will study aloud to fulfill the verse “for they [the words] are life to those who find them” (Proverbs 4:22), which the Talmud in Eruvin 54a reads midrashically: read not “those who find them” [Heb. motz’eihem] but “those who bring them forth from their mouths” [Heb. motzi’eihem]. But to judge one must think and ponder the case.
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English Explanation of Pirkei Avot
How do we know that the same is true even of two? As it is said: “Then they that fear the Lord spoke one with another, and the Lord hearkened, and heard” (Malachi 3:16). This verse, which uses the plural, must refer to at least two people. Note that the same verse was used in a similar manner above in mishnah two of this chapter.
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English Explanation of Pirkei Avot
How do we know that the same is true even of one? As it is said: “In every place where I cause my name to be mentioned I will come unto you and bless you” (Exodus 20:21). Although this is not apparent from the English, the Hebrew uses the second person singular form of you. Therefore it must mean that God will cause his presence to be with even a singular person who “mentions” His name by studying Torah.
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