Kedusha as Deliberation: A Post-Modern Framework for Avodas Hashem in Challenging Times Rinat Yisrael - A Great Adventure in Torah Study, April 12, 2020 Shlomo C. Pill

“The words of the wise are as goads, and as nails well fastened are those that are composed in collections; they are given from one shepherd” (Ecclesiastes 12:11). . . . “Those that are composed in collections [ba’alei asufot]”: These are Torah scholars who sit in many groups [asupot] and engage in Torah study. These Sages render an object or person ritually impure and these render it pure; these prohibit an action and these permit it; these deem an item invalid and these deem it valid. One might say, "How can I study Torah?" The verse states that they are all “given from one shepherd.” One God gave them; one leader, i.e., Moses, said them from the mouth of the Master of all creation, Blessed be He, as it is written: “And God spoke all these words” (Exodus 20:1).

(1) (18) . . . And our Rabbis related a beautiful teaching: This refers to a compromise, acting beyond the strict demands of the law. And the intention of this is that from the beginning God said to keep God's commandments, testimonies, and laws as God has commanded them. And now, it says: even regarding what God did not command, pay attention to do what is good and right in God's eyes, because God loves goodness and righteousness. And it is important because it is impossible to mention in the Torah (what should be) everyone's conduct; with their neighbors and friends, in any business matter, and regarding ordinances of any town or country. However, once the Torah already mentions many of these laws, such as: "Do not gossip"; "You shall not take vengeance or bear a grudge"; "You shall not stand idly by the blood of your neighbor"; "You shall not insult the deaf"; "You shall rise before the aged", etc., it repeats a general principle - the one should do what is good and right regarding everything, including compromise, acting beyond the strict demands of the law.

(8) . . . Regarding what they said: "Once the students of Shammai and Hillel – who did not serve all that was required of them – multiplied, disagreement grew in Israel" - this can be explained as follows: When two people are of equal intellect and investigation and knowledge of the fundamentals from which reasonings extrapolate, no disagreement will occur in any way. And if it does occur, it will be minimal; as it is only found that Shammai and Hillel disagreed about isolated laws.(9) And that is because the thoughts of the two of them were very close – one to the other – in everything that they extrapolated by way of reasoning. And, likewise, the fundamentals that were given to this one, were like the fundamentals given to that one. (10) But when the diligence of the students towards wisdom slackened and their reasoning weakened – in comparison to the reasoning of Hillel and Shammai – disagreement occurred among them in the investigation of many things; as the reasoning of each and every one of them was according to his intellect and to what he had in hand of the fundamentals.

Ha Kamashma Lan - When two scholars argue over what another scholar said - with one saying "this is what he said" and the other saying "that is what he said" - one of them is incorrect. However, when two scholars disagree about the law, each one saying "this seams more reasonable," there is no falsehood here; each offers his own reasoning; one gives reasons to permit and the other gives reasons to prohibit; one analogizes one way and the other analogizes another way - and here one can say "these and those are the words of the living God."

Any judge who judges a true judgment truthfully, even if he sits in judgment only one hour, the verse ascribes to him as if he became a partner to the Holy One, Blessed be He, in the act of Creation

(2) This is what the Rabbis meant when they said "a judge who rules truly and honestly etc." And Tosfos writes that "a true and honest judgment" is to exclude a manipulated ruling. And it seems to me that we would know that from the word "true"; what does "honest" mean? One could answer that even if the judge rules truly, if bound up in his ruling is love for the winner or hatred for the loser, this is not "honest."

(2) It seems correct to me that the Rabbi's intent in writing "a true and honest judgment" was that judges should rule in accordance with the time and place so that the judgment will be true. This is to say that one should not always apply the literal rules of the Torah, for sometimes it is necessary to go outside the letter of the law in accordance with the needs of the time and place and the issue at hand. And when one doesn't do so, even though one's rulings may be technically correct, they wont be true. And this is what the Rabbis meant when they said that Jerusalem was destroyed because they rule in accordance with the letter of the law.

(1) Moshe received the Torah from Sinai and transmitted it to Yehoshua, and Yehoshua to the Elders, and the Elders to the Prophets, and the Prophets transmitted it to the Men of the Great Assembly. They said three things: Be deliberate in judgment, raise up many disciples and make a fence for the Torah.

(6) They said three things: Be deliberate in judgment: They said [this] to teachers of legal decisions and decisors of legal decisions and decisors of litigation; that they should not rely on the first thought, but rather upon great deliberation and incisive investigation, so that they not err in their evaluation. As a man who is quick to make a decision is called a sinner - and even though he thought he was saying the truth, it is not [considered] accidental but rather is [considered] to be close to volitional, since he did not put it into his heart to say, the quick hearts do not understand to know. As error is found in all men, as the rabbis say (Avot 4:13), " Be careful in study, for an error in study is considered an intentional transgression." And about this matter, Shlomo, peace be upon him, stated (Proverbs 26:12), "If you see a man who thinks himself wise, there is more hope for a dullard than for him." And it is as the sages, may their memory be blessed, said (Avot 4:7), "One who is nonchalant about giving legal decisions is an imbecile, wicked, and arrogant in spirit." Therefore, it is incumbent upon a man who makes legal decisions to go back and forth on the matter and let his thought ripen and to hold on to it; as the matter that they said (Sanhedrin 35a) [that] we should ripen a judgement, as through ripening and deliberation, he adds reasoning to his reasoning and sharpness to his sharpness, until he judges a completely true judgement. As he will see to say with the second thought that which he did not see with the first. And about this matter, Asaf stated (Psalms 73:21), "As my heart ripened and my kidneys were silent," which is to say [that] after my heart has ripened and been sharp with wisdom and with my kidneys, I have been silent and have refined my understanding to know. As without this, I have not known, and this is my portion. (And as) it is after it, "I was a dolt, without knowledge; I was brutish toward You." And the reason [they] said, "Be deliberate in judgment," is in order to warn about litigation more than other legal decisions, as they are fundamental in the knowledge of Him, may He be blessed and elevated; and as Yirmiyahu the prophet stated (Jeremiah 9:23), "ponder and know Me, for I am the Lord who makes kindness, justice, and equity in the world; for in these I delight, declares the Lord." And how can a man a ponder and know God, as it is not possible? However with this have we known Him, by dong judgment and justice, since God does these. And that is what is stated (Jeremiah 22:16), "He judged for the poor and needy— then all was well. That is truly knowing Me, declares the Lord." And it is written in another place (Micah 6:8), "And what does the Lord require of you? Only to do justice and to love kindness," since judgments are a pillar of the Torah. And from them the world is made firm, as is said in the Midrash (Shemot Rabbah 30 3), "It is written in front of The Ten Commandments, 'and they will judge the people at all times' (Exodus 18:22). And after the Ten Commandment, it is written, 'And these are the laws' (Exodus 21 1). There is a parable [about this] concerning a matron that was walking along the way and her armed guards were walking in front of her and behind her."

The Gemara cites other expositions that deal with Torah study. Rabbi Ḥama, son of Rabbi Ḥanina, said: What is the meaning of that which is written: “Iron sharpens iron, so a man sharpens the countenance of his friend” (Proverbs 27:17)? This verse comes to tell you that just as with these iron implements, one sharpens the other when they are rubbed against each other, so too, when Torah scholars study together, they sharpen one another in halakha. Rabba bar bar Ḥana said: Why are matters of Torah compared to fire, as it is stated: “Is not My word like fire, says the Lord” (Jeremiah 23:29)? To tell you: Just as fire does not ignite in a lone stick of wood but in a pile of kindling, so too, matters of Torah are not retained and understood properly by a lone scholar who studies by himself, but by a group of Sages. And this is what Rabbi Yosei bar Ḥanina said: What is the meaning of that which is written: “A sword is upon the boasters [habaddim], and they shall become fools [noalu]” (Jeremiah 50:36)? This verse can be interpreted homiletically: There is a sword upon the enemies of Torah scholars, a euphemism for Torah scholars themselves, who sit alone [bad bevad] and study Torah. And not only that, but those who study by themselves grow foolish from their solitary Torah study, as it is stated: “And they shall become fools.” And not only that, but they sin, as it is written here: “And they shall become fools,” and it is written there: “For that we have done foolishly [noalnu] and for that we have sinned” (Numbers 12:11). And if you wish, say instead that it is derived from here: “The princes of Zoan have become fools [noalu]…they have caused Egypt to go astray” (Isaiah 19:13). Rav Naḥman bar Yitzḥak said: Why are Torah matters likened to a tree, as it is stated: “It is a tree of life to them who lay hold upon it” (Proverbs 3:18)? This verse comes to tell you that just as a small piece of wood can ignite a large piece, so too, minor Torah scholars can sharpen great Torah scholars and enable them to advance in their studies. And this is what Rabbi Ḥanina said: I have learned much from my teachers and even more from my friends, but from my students I have learned more than from all of them. Rabbi Ḥanina bar Pappa raised a contradiction. In one verse it is written: “To him who is thirsty bring water” (Isaiah 21:14), which indicates that the one who has water must bring it to the thirsty person, and it is written elsewhere: “Ho, everyone who thirsts, come for water” (Isaiah 55:1), from which it may be inferred that the thirsty person must seek out water himself. Rabbi Ḥanina bar Pappa resolves this apparent contradiction by explaining that if he is a worthy student the teacher must seek him out, as in “to him who is thirsty bring water,” but if the student is not worthy, then “Ho, everyone who thirsts, come for water,” i.e., this student must seek out a teacher himself.

(8) The tenth, in clinging to colleagues, because a person when they are alone, does not receive Torah, And in the first chapter of Taanit (Bavli Taanit 7a:10-11), R Yosi bar Hanina said: what does it mean (Jeremiah 50:36) "a sword upon the boasters [badim]; they shall be made fools"? A sword upon the haters of the scholars [a euphemism for the scholars themselves], who busy themselves with Torah alone [bad bevad], and not only that, but they become stupid, as it says "they are made fools", ... and it says there (Numbers 12:11) "that we were made fools and that we sinned." And also this matter we discussed above when we talked about two who sit and busy themselves with Torah, because the essense of Torah is at the hands of specifically two. Because a person, of that which they are themselves a master of the material, it is proper to bring out the intelligence to another, and then it is a distinguished/spiritual intelligence, which does not stand in the body of the person; but when one busies oneself all alone, and one doesn't bring out the intelligence to another, to be an intelligence distinguished from the body, one doesn't become wise at all. And not only that, but one becomes stupid, and this is because when one isn't busying oneself with Torah, then one stands according to what is right for someone who is a master of material, to acquire and to know that which relates to the one who is master of the material, what one acquires in matters of the physical world; but when one busies oneself with Torah, and wants to grow wise in Torah, which is totally distinguished intelligence, (as we discussed above in the matter of two who sit and busy themselves with Torah), of course the distinguished intelligence is with two specifically, and therefore if one busies oneself with Torah alone, one grow stupid, because this is not intelligence at all suitable for Torah, which is distinguished intelligence---it's only stupidity, and we will discuss this matter further, God willing. The eleventh, by debate of students, and this is because colleagues imitate one another, and thus they imitate their teacher; in the first chapter of Taanit (Bavli Taanit 7a:12), "Rav Nahman bar Yitzhak said: why are words of Torah compared to wood, as it says, (Proverbs 3:18) 'it is a tree of life to those who hold it'? As a small piece of wood ignites a big one, so small words of Torah sharpen big ones; and this is also as Rabbi Hanina said, I learned a lot of Torah from my teachers; from my colleagues I learned more; from my students I learned more than all of them." And the reason is very clear, because it is similar to a tree that doesn't get lit, and thus is a great scholar, as their accomplishment is very great, so they don't begin to ask and to debate in wisdom according to the greatness of their accomplishment, and the simplicity of their intelligence there is no debate, which is questioning, and one needs for every debate a question to exclude---the great ones don't have the question, and because of this it says that the little ones sharpen the great ones, because they ask more, and then the scholar has to answer, and this is likened to the small piece of wood which ignites the big one, as the fire catches more with the small, and thus the lesser one is the beginning of the questioning and the debate, and that's why it says in the debate of students, because the essense of debate comes from students. And for that reason it says I learned a lot of Torah from my teachers, because they handed the wisdom on to me, and from my colleagues more, because they ask each other and stand on the essense of wisdom, and from my students more than all of them, because they debate and sharpen more with questioning, and this matter is clear.

(1) To all the congregation of the Children of Israel: Our rabbis already said (Sifra, Kedoshim, Section 1) that this section was stated in assembly, since the majority of the corpus of the Torah depends on it - and this is the reason [it states,] "to all the congregation of the Children of Israel." However, it is mentioned here in Torat Kohanim (Leviticus), because it will mention the peace offerings in [this section] and because it will mention the judgement that it will command [about] what to do to those that do the abominations that are mentioned in it. And the sexual transgressions and the abominations are mentioned in this book because of the reason that we wrote at the beginning of the book. You shall be holy: "One should be separate from sexual transgressions and from sin, for any place that one finds a fence [before] sexual transgressions, one [also] finds holiness (kedusha)" - this is the language of Rashi. But in Sifra, Kedoshim, Section 1, Chapter 2, I saw only, "You shall be holy." And [so,] they learned there (Sifra, Shemini, Chapter 12:3), "'And you shall sanctify yourselves and be holy, since holy am I' (Leviticus 11:44) - Just like I am holy, you should be holy; just like I am separate, you should be separate." But according to my opinion, this separation is not to separate from sexual transgressions, like the words of the rabbi (Rashi). But [rather], the separation is the one mentioned in every place in the Talmud where its [practitioners] are called those that have separated themselves (perushim). And the matter is [that] the Torah prohibited sexual transgressions and forbidden foods, and permitted sexual relations between husband and wife and the eating of meat and [the drinking of] wine. If so, a desirous person will find a place to be lecherous with his wife or his many wives, or to be among the guzzlers of wine and the gluttons of meat. He will speak as he pleases about all the vulgarities, the prohibition of which is not mentioned in the Torah. And behold, he would be a scoundrel with the permission of the Torah. Therefore, Scripture came, after it specified the prohibitions that it completely forbade, and commanded a more general [rule] - that we should be separated from [indulgence of] those things that are permissible: He should minimize sexual relations, like the matter that they stated (Berakhot 22a), "That Torah scholars should not be found with their wives [constantly] like chickens." And he should only have relations according to the need for his execution of the commandment. And he should sanctify himself from wine by minimizing it - just as Scripture calls the Nazarite, holy (Numbers 6:5); and mentions the evil that comes from it in the Torah with Noach (Genesis 9:21) and with Lot (Genesis 19:33). And so [too], he should separate himself from impurity - even though we are not prohibited from it in the Torah - as they mentioned (Chagigah 18b), "The clothing of ignorant people are [considered] midras (a type of impurity) for perushim." And just as the Nazarite is also called holy for his guarding [himself] from the impurity of the dead. And he should also guard his mouth and his tongue from becoming defiled from the multitude of coarse food and from disgusting speech, as mentioned by Scripture (Isaiah 9:16), "and every mouth speaks a vulgarity." And he should sanctify himself with this, until he comes to separation (perishut) - as they said about Rabbi Chiya, that he never spoke idle conversation in his life. For these [things] and similar to them comes this general commandment - after it listed all of the sins that are completely forbidden - until he includes in this general rule the command of cleanliness of his hands and his body. As they stated (Berakhot 53b), "'And you shall sanctify yourselves' - these are the first waters (to wash hands before the meal), 'and be holy' - these are the last waters (to wash hands after the meal), 'since holy' - this is fragrant oil (to ward off bad odors)." As even though these commandments are rabbinic, the essence of Scripture prohibits things like these; that we should be clean and pure and separate ourselves from the masses of people, who dirty themselves with those things that are permissible and with those things that are ugly. And this is the way of the Torah to state the particulars and [then] the general rules. And similar to this is when after the prohibition of the specific laws of trade among men - do not steal, do not burglarize, do not deceive, and all of the other prohibitions - it states the general principle, "And you shall do the straight and the good" (Deuteronomy 6:18), so that it places into a positive commandment, uprightness, compromise and going beyond the letter of the law towards the will of his friend - as I will explain (there), when I get to its place, with the will of the Holy One, blessed be He. And so [too] with the matter of the Shabbat, it forbade the types of work with a negative commandment and the exertions with a general positive commandment, as it states, "rest"; and I will explain this more (Ramban on Leviticus 23:24), with the will of God. And the explanation of the verse saying, "since Holy am I the Lord, your God," is to say that we merit to cling to Him by our being holy. And this is like the matter of the first statement in the ten statements (Ten Commandments - Exodus 20:3). And it commanded (Leviticus 19:3), "A man, his mother and father must fear" [here], since there (in the Ten Commandments), it commanded about honor, and here it will command about fear. And it said [here] "and guard my Shabbats," since there it commanded on the remembering [of the Shabbat] and here on the guarding and we have already explained the matter of both of them (Ramban on Exodus 20:8).