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Mishneh Torah, Torah Study 6

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Sefer Madda

6 β€Ž[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. β€Ž[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." β€Ž[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. β€Ž[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. β€Ž[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. β€Ž[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. β€Ž[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. β€Ž[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. β€Ž[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. β€Ž[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. β€Ž[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]. β€Ž[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. β€Ž[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. β€Ž[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];

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Version Info

Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007

Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI

License: CC-BY-NC

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