Learning Between Mincha and Maariv on Shabbat Afternoon

And thus says Rav Shalom Sar Gaon: At Shabbat Mincha it is permitted to engage in Talmud Torah. And not only that but the practice of beit rabbeinu in Babylon was that after the prayer of Mincha on Shabbat they would teach Avot and Kinyanei Torah. Between the prayer [of mincha] and the prayer of arvit he sat alone quietly. And nevertheless it is preferable to engage in Torah. And regarding our [practice] not to engage [in Torah], that is not because of a prohibition but rather because of the kavod of Moshe who died at that time, for the sages say that when a sage or nasi dies, all batei midrashot are idle.

The Sages taught the following baraita: When a Sage dies, his study hall is idle. When the av beit din dies, all of the study halls in his city are idle...When a Nasi dies, all study halls are idle...

And we have the practice in all places to say three verses of 'Tzidkatcha'. And Rav Sar Shalom writes that the reason it was instituted was to say tzaduk hadin on the death of Moshe Rabbeinu at that time. And it is also the practice not to fix learning between the two tefillot because when a sage dies all batei midrashot are idle. And for this reason Rabbeinu Tam also had the practice not to fix a meal at that [time]. And there are midrashim that demonstrate that [Moshe] did not die at that time, and the reason we say 'Tzidkatcha' is on account of the reshaim who return to Gehinnom on motzei Shabbat...and the practice in Ashkenaz is to say Pirkei Avot at mincha, and so writes Rav Amram.

2. We say צדקתך. And if (Shabbat) falls at a time where, if it were a weekday, we would not say Tachanun at Minchah time, we do not say צדקתך. RAMA: And our practice is not to fix learning between Mincha and Maariv (Tur; Zohar Terumah 279), but we say Pirkei Avot in the Summer, and שיר המעלות in the winter, and each place according to its own practice.

Moshe departed from the world, at the time of the Shabbat Minchah, at the time when there was "a time of goodwill." At that moment favor was above and pain was below. Therefore, during Shabbat the gates are locked from the time of Minchah and on. Which gates are locked? The gates of the beit midrash, in order to memorialize Moshe, the Faithful Shepherd, for the Torah was idle because of him.

At that time, the beit midrash of Moshe and all the more so of others became idle. Whoever saw the doors of Moshe's beit midrash were locked, while all the others are not locked? If Moshe's Torah mourned for him at that time, who did not mourn? Therefore, all the gates of the beit midrash are locked, and everyone has to justify the Holy One, blessed be He, by way of praise, "Your righteousness is like the great mountains" (Tehilim 36:7).

There were three who departed from the world at that time, and they are all included in Moshe. They are Moshe, the Faithful Shepherd, Yosef the Righteous, and King David. Therefore, there are here three justification prayers. One is for Yosef the Righteous, who preceded all these, and this is, "Your righteousness is like the great mountains; Your Judgments are a great deep... " This refers to Yosef the Righteous, for he alone is like the great mountains, like all the supernal Mountains. Another is Moshe, the Faithful Prophet, and this is what is written, "Your righteousness also, Elohim, reaches the high heavens, who have done great things" (Tehilim 71:19). The other is King David, as it is written, "Your righteousness is an everlasting righteousness, and Your Torah is Truth" (Tehilim 119:142). "Everlasting (lit. 'for the world')" refers to King David.

He said to them:
I am now one hundred and twenty years old, I can no longer be active. Moreover, the LORD has said to me, “You shall not go across yonder Jordan.”

As it is stated [about Moshe on the day of his death:] “And he said to them: I am one hundred and twenty years old today” (Deuteronomy 31:2). As [there is] no [need for] the verse to state “today,” [since it is clear that Moshe was speaking on that day,] what [is the meaning when] the verse states “today”? [It is to teach that Moshe was speaking precisely, as if to say:] Today my days and years are [exactly] filled [and completed. This comes] to teach you that the Holy One, Blessed be He, sits and fills the years of the righteous from day to day and from month to month, as it is stated: “The number of your days I will fulfill” (Exodus 23:26).

So Moshe the servant of the LORD died there, in the land of Moab, at the command of the LORD. He buried him in the valley in the land of Moab, near Beth-peor; and no one knows his burial place to this day. Moshe was a hundred and twenty years old when he died; his eyes were undimmed and his vigor unabated.

It is taught in another baraita: Moshe died on the seventh of Adar, and he was born on the seventh of Adar. From where is it derived that Moshe died on the seventh of Adar? As it is stated: “So Moshe, the servant of the Lord, died there” (Deuteronomy 34:5), and it is written: “And the children of Israel wept for Moshe in the plains of Moab thirty days” (Deuteronomy 34:8). And it is written: “Now it came to pass after the death of Moshe, the servant of the Lord” (Joshua 1:1), and it is written: “Moshe, My servant, is dead; now arise, cross this Jordan” (Joshua 1:2). And it is written: “Pass through the midst of the camp and command the people, saying: Prepare your victuals, for within three days you are to cross the Jordan” (Joshua 1:11). And it is written: “And the people came up out of the Jordan on the tenth day of the first month” (Joshua 4:19). Subtract retroactively from [that date, the tenth of Nisan], the last thirty-three days (i.e., the thirty days of mourning for Moshe and the three days of preparation before crossing the Jordan), and you learn [from here] that Moshe died on the seventh of Adar.

Additionally, the Rabbis said since Moshe knew he was going to die on that day, what did he do? Rabbi Yannai said he wrote thirteen Torahs, twelve for the twelve tribes, and one to put in the ark, and if they wanted to forge something, they could take out [the 13th sefer Torah] from the ark.

After Pesach on the 22nd Nissan 'Let all your troops march around the city etc.' (Joshua 3:6), 'and it was on the seventh day etc.' (Joshua 6:4), Rabbi Yose says the day of the war of Jericho was Shabbat day.

From here on Yehoshua wrote. Regarding the practice to say tziduk hadin at Shabbat Mincha, Rav Sar Shalom Gaon explains that is [because of] the death of Moshe Rabbeinu at that time, therefore we refrain from engaging in Torah because they say that when a sage dies, all batei midrashot in the city are idle. But this is difficult for it is written 'I am today one hundred and twenty years old', and we explain that [the superfluous word] 'today' [teaches] that his days and years were filled [to completion]. And if he died on Shabbat, then he wrote 'today' on erev Shabbat, and that is puzzling that he wrote about the future [as if it was the present]...And furthermore there is a difficulty from the Seder Olam which implies that the 7th Adar when Moshe died was erev Shabbat, for it teaches that after Pesach on the 22nd [Nissan], all the men of war surrounded the city [and] encircled it once, and it was on the seventh day and they got up in the morning etc., Rabbi Yose says that was Shabbat. And now if they started to surround it on the 22nd Nissan, then the seventh day, which was 28th Nissan, was Shabbat, and if the 28th Nissan was Shabbat, the 7th Adar was erev Shabbat.

And it is possible to answer the [challenge from] the Midrash [by saying that] certainly Moshe died on erev Shabbat and his days and years were filled on that day and he wrote the 13 sifrei Torah, but his burial in Guy was not [until] Shabbat Mincha, and between his death and burial he rested in the wings of the Shechinah, as it says at the end of the first perek of [masechet] Sotah...And at Shabbat Mincha [time] which is a favourable moment, he was removed from the world at that time, and so we matzdikin hadin at that time that he was removed from the world. And the Chacham Hakolel Harav Moreinu Harav Rav Yitzchak Darshan who lived in Krakow reinforces this answer, for so he writes in Sefer Asarah Maamarot Ch. 13, Section 2, Mamaar Chakur Din, that on erev Shabbat his death started and his departure concluded at Shabbat Mincha [time] for that is a favourable moment, as explained in Zohar Seder Terumah, and the Rav further adds his own garnet, that his death was certainly on erev Shabbat close to evening, and that which the Midrash writes on the verse 'Did I not weep for the unfortunate?', that the day was made difficult corresponding to the sun saying 'I won't set' and Moshe is in the world, and that is because on that day there was a great uproar and all the upper beings went out in joy and called to his soul, and that day they acquired a significant completion, [so] find that his soul departed at the start of sunset and it was lying in the wings of the shechinah for 4 milin until it came to its place of burial on Shabbat eve because from the start of sunset until nighttime is 4 milin as it says in Perek 'Shehaya Tamei', and if so we are compelled to say he was only buried on Shabbat and this is revealed to us in Sefer Hazohar that he was not buried until the time of Shabbat Mincha, at a favourable moment so that his soul would ascend at that favourable [time], for the soul does not ascend upwards until the body is buried, up to here are the words of the Rav.

And it is taught in a baraita that Rabbi Yehuda said: If not for [an explicitly] written verse, one could not say [what is written with regard to the death and burial of Moshe]. Where did Moshe die? In the portion of Reuben, as it is written: “And Moshe went up from the plains of Moab to Mount Nebo” (Deuteronomy 34:1), and [it is known from elsewhere that] Nebo is situated in the portion of Reuben, as it is written: “And the children of Reuben built [Heshbon, and Elealeh, and Kiriathaim,] and Nebo” (Numbers 32:37–38). [The name is also expounded: It is called] “Nebo [Nevo],” for three prophets [nevi’im] died there: Moshe, and Aaron, and Miriam. [Rabbi Yehuda continues:] And where is Moshe buried? In the portion of Gad, as it is written [in the blessing of Moshe to the tribe of Gad:] “And he chose a first part for himself, [for there a portion of a ruler was reserved” (Deuteronomy 33:21), indicating that Moshe, the ruler, is buried in the portion of Gad.] And how much is the distance from the portion of Reuben to the portion of Gad? Four mil. [Rabbi Yehuda asks: For] those four mil [from Mount Nebo in the portion of Reuben to the burial place of Moshe in the portion of Gad,] who transported him? [He answers: The contradiction between the two verses] teaches that Moshe was lying in the wings of the Divine Presence and the ministering angels were saying: “He executed the righteousness of the Lord, and His ordinances with Israel” (Deuteronomy 33:21). And the Holy One, Blessed be He, was saying: “Who will rise up for Me against the evildoers? Who will stand up for Me against the workers of iniquity?” (Psalms 94:16). [The idea that God Himself transported Moshe to his burial could not have been said if not for the proof from the resolution between the contradictory verses.]

Regarding that which is written in the answer to the difficulty of the Rosh, how could Moshe Rabbeinu write a Sefer Torah on Shabbat kodesh, [the answer is he did so] using a shem and caused the pen [to write], as the Shlah says. And regarding the difficulty according to the view that non-use of utensils is a Torah requirement, how could the pen write on Shabbat, that is not a difficulty for it is no worse than writing with one's left hand, which is not the usual manner of writing...

[Rabbi Shimon explains:] Rather, until this [point, i.e., the verse describing the death of Moshe,] the Holy One, Blessed be He, dictated and Moshe wrote [the text] and repeated [after Him]. From this [point] forward, [with regard to Moshe’s death,] the Holy One, Blessed be He, dictated and Moshe wrote with tears [without repeating the words, due to his great sorrow.] As it is stated there [with regard to Jeremiah’s dictation of the prophecy of the destruction of the Temple to Baruch ben Neriah:] “And Baruch said to them: He dictated all these words to me, and I wrote them with ink in the scroll” (Jeremiah 36:18), [but he did not repeat the words after Jeremiah.]

Our Rabbis taught: If a Sage dies, his beit midrash is idle, meaning they mourn him for all seven [days] and after the eulogy his students do not gather in his beit midrash, rather they meet in groups of two and learn in their homes. If an Av Beit Din dies, every beit midrash in the city is idle and the residents of the city enter the beit knesset and change their places. Those sitting in the north sit in the south and those sitting in the south sit in the north. If a Nasi dies, every beit midrash is idle, for in every place they mourn him for all seven [days] and after the eulogy they do not enter the beit midrash, rather they join in pairs and study at their homes...(Raavad)

When a Hakam dies, his Academy is idle, for they make a lamentation for him throughout the seven [days of mourning]; but [all] the other Academies engage in [the study of] the Torah, even during the time that the lamentation is held; and after the lamentation his disciples do not assemble in his Academy, but join in pairs and study at their homes. When an Ab Beth Din dies, all the Academies of the city are idle, and those who are in the habit of saying their prayers [the Tefillah] in the Synagogue, change their [customary] places. When a Nasi dies, all Academies, wherever a lamentation is made for him, are in recess; and after the lamentation, they do not enter the Academy, but join in pairs and study at their homes...

And in the Mordechi it's written that [the halacha] to not learn [in this time period] means that one should not learn b'chavruta, but two people can learn in their homes, as written in Yoreh Deah 344:18. And therefore the minhag is to lidrosh before mincha...

And we also have the practice not to fix learning; in my humble opinion it seems it is specifically prohibited to fix learning in public, but this does not refer to learning alone.

Between Mincha and Maariv - This refers to close to darkness, and therefore the minhag is to lidrosh before mincha, and if the drasha continues until close to darkness then we do not say perakim [of pirkei avot] or shir hamaalot so that we are able to fulfil seudah shlishit in its time (Magen Avraham).

And that which is written, [to say] shir hamaalot in the winter when we pray close to night, in contrast to the Summer when it is time of beit hamidrash, learning is in the place of aggadah.

Not to fix etc. But two can learn in their homes (Magen Avraham). The Malbushei Yom Tov writes, 'I saw on a number of occasions Rabbeinu Moreinu Harav Rav Lowe from Prague would give a drasha between mincha and maariv', ad kan. And it seems to me the reason is that in Sefer Hamanhig he writes in Siman 63, as follows: 'It is not a prohibition but rather only a practice of remembrance', ad kan. And above that he writes, "There are places where the practice etc.", and accordingly Rabbeinu of Prague [must have] known that this was not the minhag. Furthermore, I saw in the Perisha regarding the practice of fixing a meal between Mincha and Maariv, and he holds that Moshe, peace be upon him, did not die at that time so fixing learning [at that time] is not disagreeable.

And our practice - And it is not a prohibition but rather only a practice of remembrance.

And in the Eliya Rabbah it is [quoted] in the name of the Malbushei Yom Tov that he saw his Rav the Maharal m'Prague on a number of occasions give a drasha between mincha and maariv. And so it seems that in our times we do not refrain from [giving a drasha in this time period] because it is known that in our many sins, in some places a number of men engage in idle chatter in the beit hamidrash and it is certainly better to hear divrei musar so that it does not come to that.