067) Paying People To Study Torah?

In this article we will trace the development of the halachik attitude towards paying people to study Torah. (What follows is a loose translation and paraphrase of Peninei Halacha.[1])

FIRST PRINCIPLES:

Turning to First Principles, it is absolutely clear that Torah study has to be for the purist of motives without any semblance of financial gain or any other type of reward. One should certainly not use Torah study as a means of sustaining oneself financially, as that would be considered to be a misappropriation of its sanctity.[2]

So, in theory, there is to be no connection whatsoever between Torah study and any form of compensation for it.

This would require the Torah scholar to have to take care of his sustenance himself. The Talmud in fact praises the scholar who works with his own hands so as to sustain himself.[3]

HISTORICAL ADHERENCE TO FIRST PRINCIPLES:

The vast majority of Talmudic sages adhered strictly to these principles. Among them, for example, were Hillel HaZaken who chopped wood, Shimon HaPakoli who made cotton wool, Rabbi Yochanan HaSandlar who sewed sandals, and Rav Pappa who planted trees.

The community did aid these scholars to a degree, by facilitating the purchasing their wares, but not through direct payment to them without some form of legitimate transaction.

NEW DEVELOPMENTS THAT CHANGED THE STATUS QUO:

After the Talmudic period, the body of Torah literature began to expand dramatically in terms of sheer volume of learning material. In Talmudic times the scholarly emphasis was on analytical depth and broad principles whereas in the period of the Rishonim it shifted more to details[4]. And as we moved into the period of the Acharonim this expansion grew even more.

As a result of this great growth of literature, it was no longer possible to become a scholar unless one dedicated the entire day to amassing all this knowledge. This precluded the practicality of a culture of work, and gave rise to an environment where communities had to start supporting their Torah scholars.

During the period of the Rishonim, the vast majority of rabbis continued to sustain themselves by their own means.[5] However, we find that at the end of that period, the ideal of the scholar sustaining himself was rapidly fading, and regarded as a rare ‘gift’ and exceptional ‘midat chasidut’.[6] It was no longer possible for it to be considered the norm.

For this reason, the halachik authorities or Poskim started ruling (against First Principles) that a scholar should now be sustained by the communities, otherwise we would run the risk of losing sufficiently qualified Torah teachers. This type of halachik ruling became even more accentuated in the era of the Acharonim, where they said that even if a scholar (who was actively involved in the dissemination of Torah) had the ability to sustain himself, it would be considered sinful (‘avon hu beyadam’) if they did NOT accept payment from the community.[7]

ANTAGONISTS TO THE NEW RULE:

Even during the era of the Rishonim, there were many who weren’t happy with the way these new trends were developing.

One such outspoken individual was the Rambam who wrote; “Anyone who even thinks of studying Torah without working, and being sustained instead by charity, causes a desecration of G-d’s name...because it is absolutely forbidden to receive compensation for Torah study...And any Torah that is not accompanied by work, will ultimately not be worth anything and will eventually cause a person to steal from others.”[8] 

PROPONENTS TO THE NEW RULE:

Most others, however, were of the opinion that from a strictly halachik position, it was quite within the parameters of the law to pay rabbis as long as it was not a direct remuneration for services rendered, but rather along the lines of an ‘opportunity cost’ (sechar batalah).

This meant that you were compensating for an opportunity the rabbis would be missing, as a result of them studying instead of working.

This reasoning is particularly appropriate today, considering the great demands made by communities that expect the best scholarship from their rabbis who, now more than ever before, have so much more material to study and master.[9]

THE HALACHIK POSITION TODAY:

It is very important to point out that this expediency of paying scholars an ‘opportunity cost’, is ONLY to those who are ‘marbitzei Torah’ - i.e. those who are actively involved not just in the study of Torah but in the DISSEMINATION of Torah teachings.

This would not apply to those who only want to be involved in full time study, without contributing of their knowledge to others.[10] (There is a significant and growing segment of the Torah population today who fall into this category.) These people have no halachik basis to claim communal funding for their endeavours and the onus is on them to work in order to sustain themselves. (!)

As to the category of young yeshivah students, the responsibility is upon the community to provide scholarships to enable them to study. However, once they have obtained a reasonable amount of Torah skills and knowledge, it is forbidden for them to continue relying on such funding. The exceptional students ideally need to go into the rabbinate or learn some profession that will allow them to support themselves, and the others should acquire job skills that will make them employable.

YISACHAR AND ZEVULUN:

According to the Midrash[11] the tribe of Yisachar provided the Jewish people with 200 great courts of law. They were only able to achieve this because of the ‘partnership’ they formed with the tribe of Zevulun, who agreed to engage in trade in order to support their compatriots.

According to many, this formed the basis of a ‘Yissachar and Zevulun’ relationship that persists to this day, where people go out to work in order to support Torah scholars. This entitles the ‘worker partner’ to receive an equal share in the Torah that the ‘scholar partner’ has studied.

An interesting caveat, however, exists in that the ‘investor’ has to have been involved throughout the entire process of the scholar’s learning career.  He cannot simply come along at the end and pay to become a partner.[12]

 

It also needs to be pointed out that in order to become a ‘partner’, the ‘investor’ cannot just donate charity here and there to Torah institutions, but has to take care of the entire financial needs of the scholar he chooses to partner with.

He also has to enter into a formal agreement with the scholar. Some even go so far as to enter into a signed agreement with each other.[13]

OPPOSITION TO A POST BIBLICAL YISACHAR AND ZEVULEN SYSTEM:

In stark contrast to all this is the view of Rav Hai Gaon, who rejects any form of commercialisation of Torah study, even if both partners are sincere, because he maintains that Torah is not a commodity that can be traded with and it cannot be bought or sold.

He is so against this type of thinking and believes it is damaging to the person who mistakenly thinks that the complex system of Torah can be short-circuited by applying businesslike strategies.

CONCLUSION:[14]

Living in an age where Torah institutions and scholars are many and plentiful and in era where the expansion of Torah literature has grown exponentially, it is important not to lose sight of the original ethos that created the very concept of Torah study in the first place.

Today, when there are more people studying Torah than ever before, and while we enjoy the success of flourishing learning institutions, we need to constantly check to ensure that we are still aligned with the spirit of First Principles and not let monetary expediencies cloud that endeavor.


UPDATE:

The following are extracts from contemporary Yisachar and Zevulun documents that may be of interest:

"As is written in the holy sefer Ohr Hachaim, as well as in the Ksav Sofer and other prominent Jewish compositions – the learner does not loose his merit of Torah studying, while the donor receives full reward for the learning."

The truth, however, is that this document omits the many views that suggest that the portion of the scholar is halved and that the 'investor' similarly only receives a halved portion.


Here is an extract from a well marketed campaign to attract more 'investors':

"At Kollel (name removed by this writer), we provide you with the opportunity to enter into a personal Yissaschar - Zevulun partnership with one of our dedicated Torah scholars. His Torah study becomes your personal heavenly advocate. Together, you sign a contract in which the Torah scholar agrees to share the eternal reward of his Torah study in exchange for your financial support. In other words by giving him the opportunity to learn, he will be learning for the two of you. 

It's a win-win situation. You gain in two ways: the spiritual reward of your partner's Torah study in addition to the Almighty's blessing of material success for those who support Torah study."


UPDATE 2016/01/08

Here is another interesting Rambam:

Rambam sharply criticized the notion that Jews must financially help people study Torah: 

"All this is wrong. There is not a single word, either in the Torah or in the sayings of the [Talmudic] sages, to lend credence to it... for as we look into the sayings of the Talmudic sages, we do not find that they ask people for money, nor did they collect money for the honorable and cherished academies." 

[Commentary to Avot 4:5] 

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[1] Likkutim 1, p.35  ch. 17; Parnasat Talmidei Chachamim.

[2] Avot 4,5. See commentary of Rambam and Bartenura.

[3] Berachot 8a.

[4] In the earlier generations when scholars were more concerned with depth as opposed to breadth, they welcomed the type of work they did as it had a repetitive and meditative effect on them enabling them to develop their concepts while they were working. This became difficult in later generations when the focus was more on breadth and required a different type of mind skill. Also, one needs to remember that market forces changed drastically as we moved into the modern era, and it became more and more difficult to sustain oneself by the types of jobs (e.g. chopping wood) that were popular and lucrative in earlier times. 

[5] This excludes those rabbis who took positions of communal leadership, who did receive remuneration (if they were not already men of means through their own doing). This was in order to allow such leaders a degree of dignity.

[6] See Beit Yosef and Ramo on Yoreh Deah 246, 21

[7] See Shach on Yoreh Deah 246, 20

[8] Rambam, Hilchot Talmud Torah 3, 10

[9] There are even references going back to Talmudic times where rabbis in positions of leadership and judges were remunerated. See  Ketuvot 105 a

[10] There is one exception to this, namely a philanthropist who of his own volition decides to fund fulltime learning. Such funding would not be considered ‘charity’, as the community has not been pressurised into contributing financially.  This would, however, only be in accordance with the letter of the law but not its spirit.

[11] Bereshit Rabbah 72.

It must be remembered that the source for the Yisachar-Zevulun partnership is from the Midrash and not the Talmud. None of the early halachik authorities including Rif, Rambam and Rosh consider this partnership to be permissible. Rabbenu Yerucham was the first to endorse such an agreement.

It is also of interest to note that according to Shulchan Aruch HaRav, the only time such a partnership would be valid is in a case where the mental capacity of the ‘investor’ is diminished so that he is unable to study for himself.

[12] This is what Shavna, Hillel’s brother tried in vain to do in order to acquire a half share in Hillel’s learning. He did not help his brother during the years Hillel battled poverty while trying to learn Torah.

[13] There is also much debate as to whether or not the reward of the scholar is halved as a result of the partnership. According to the Netziv, his ‘Torah share’ is actually halved - and according to Rabbi Chaim of Volozhin this mesiras nefesh (dedication) is the price he pays for the honour of full time study. However, according to Chida both partners receive an equal share, as Torah is like the flame of a candle which does not get reduced as it passes from one to another.

[14] These parting thoughts are my own and no longer a paraphrase of Peninei Halacha.

064) Gemora Playing Second Fiddle?

I just love Rabbi Eliezer Melamed’s fourteen volumes of articulate and practical Halacha, entitled Peninei Halacha.

Now, I may be mistaken, but in his Laws of Torah Study[1], there seems to be a rather conspicuous absence of the word ‘Gemora’. This is surprising because Gemora usually forms the very backbone of any programme of Torah study.

Don’t get me wrong, I’m not suggesting that he doesn’t believe in Gemora study, but look at the following extracts from his writing and see if you agree with me:

YESODEI HATORAH AND LIMUD HATORAH:

He divides the obligation of Torah study into two distinct segments:

                                         

PHASE 1: The first phase is known as Yesodei ha Torah (learning the foundations and fundamentals of basic Torah literature). This takes about twenty years to master, and ideally, the first twenty years of one’s life should be spent in pursuit of this rudimentary acquisition of Torah knowledge.

 

PHASE 2: The second category is known as Limud haTorah (the lifelong in depth study and expansion of the basic fundamentals acquired during the first phase). 

In defining which books are studied during the Yesodei haTorah phase, he mentions Chumash (Bible) with Rashi’s commentary, Nevi’im (Prophets), and Ketuvim (Writings). A child would begin these books at the age of five and complete them on a basic level by ten years of age.

Then from age ten to twenty, the teenager student would move on to Halacha by studying Shulchan Aruch (the Codes of Law), with special emphasis on learning the practical laws of daily life.  The other ‘impractical’ laws are just to be scanned so as to get a general overview alone. The practical laws are to be studied with the reasons and explanations as found in the Talmud.

This is amazing! Usually the order is reversed. One usually studies Gemora (a word he does not use in this chapter) as the primary text, and then only does one moves on to the Halacha as derived from the Gemora. More time is usually spent on Gemora than on Halacha.

Here, however, he clearly says that the primary study for a teenager is Halacha, which is only to be supplemented and elaborated upon by the relevant explanations as found in Gemora.[2]

In addition to Halacha as ‘supplemented’ by Gemora, the young student should also be exposed to an extensive[3] programme of Hashkafa (principles of theology and philosophy so as to integrate the theories and technicalities of law, with real life in the real world). Rabbi Melamed suggests the study of Kuzari, Maharal of Prague and even Maimonides’ Moreh Nevuchim as examples of this type of study, as they clearly define the parameters of Jewish belief. The student should also be allowed to choose the genre of philosophy that appeals to him or her (including Chassidus or Mussar).

This too is amazing! Usually these ‘philosophical’ issues are glossed over in favour of the more ‘important’ technical studies comprising primarily of Gemora.  And some of the books he suggests the students read are considered to be somewhat contentious in many circles!

THE IMPORTANCE OF A GENERAL HALACHIK OVERVIEW:

As mentioned above, the Peninei Halacha strongly advises the student to strive to attain a basic general understanding of all practical Halacha, skimming the laws that are no longer relevant today. To this end, it is suggested that one studies works that are known to summarize all basic Halacha. Even the study of Talmud should, on this view, be Halacha based[4]. This means that only tractates dealing with practical issues should be carefully selected for study (as opposed to a random selection of Talmudic literature). Additionally these texts should be studied with the commentary of the Rosh, who is known to have summarized the views of all the Rishonim who preceded him. 

He makes an interesting point that in actuality, no book yet exists that has satisfactorily managed to summarize Halacha appropriately for the purposes of mastering Yesodei haTorah.[5]  Either way, extensive Talmudic study of general Gemora should only take place after a thorough grounding in the basics.[6]

Thus by around the age of twenty, the student would have acquired a thorough background to Halacha and theology, and should then be in a position to make an informed decision as to whether to remain in the world of Torah study, or to get involved with furthering a career of his or her choice. Rabbi Melamed strongly suggests that only exceptional students who show a great propensity for scholarship should remain in the world of full time study.

HOW MUCH TIME SHOULD BE SPENT ON TORAH STUDY?

After completing the phase of yesodei haTorah, one moves into the second (adult) phase of Limud haTorah. The question now becomes; During this phase, how much time should be dedicated towards the study of Torah on a daily basis?

The undeniable truth (no matter what side of the spectrum we sit on and what we would like to believe), is that there remains two very distinct and contradictory viewpoints in this regard. And both are well rooted in Talmudic sources:

1)  Torah must be studied for the vast majority of the day, every day, and work is to be secondary - only occupying a fraction of one’s time. Rabbi Yishmael said; ‘Make Torah your permanent fixture. Study it for most of the day while work should consume a small amount of your time.’[7]

2) Many other sources, however, extol the value of work over study, requiring one to spend the majority of the day in pursuit of an honest livelihood. One such example is; ‘Engage much in work, and do business in good faith’.[8] Another source describes the life of a typical Jew in Talmudic times that would spend the best part of the day toiling in the fields and only return at night when he would study engage in a little study.[9]

Because of such contradictory statements on study policy, it is no surprise that the Torah world is greatly divided on the issue. Some believe that Torah must be studied all day and work is either discouraged or sometimes expressly forbidden. Others believe that only exceptional scholars should be afforded the opportunity to engage in full time and lifelong study, while the vast majority of all others should be participating in economic activity in order to sustain their families. 

The Peninei Halacha is firmly of the latter camp encouraging most religious Jews to support themselves with dignity and honour. Work is never considered bitul Torah[10] (taking away from Torah study time)!

WHAT TO STUDY IF ONE ONLY HAS LIMITED TIME:

Now, someone who find himself working most of the day, and only has limited time for Torah study, needs to know what type of learning to focus on during that precious time. In this regard, Rabbi Melamed unequivocally makes the most interesting statement; ‘The Poskim (Halachic authorities) write that those who only have a short period of time to study during the day, should not just study Gemora. 

Instead they should concentrate on practical Halacha with an emphasis of unravelling the reasons for and meaning behind those Halachot. During this time they should also engage in understanding Hashkafa (theology)’.[11]

CONCLUSION:

According to my reading and understanding of the Peninei Halacha, it seems as if a vision emerges that radically differs from the common and popular approach to Torah learning  which seems to emphasize the overriding importance of Gemora study (with less emphasis on Halacha and little or no accent on theology). This less known view, surprisingly, does not seem to be unique to Rabbi Melamed, as his references are wide and numerous. This being the case, one wonders why more people do not seem to follow this approach to Torah study.

It is remarkable to discover an outlook that somewhat downplays the primary role of Gemora , whilst elevating the study of Hashkafa (theology and philosophy) to a place of importance, and at the same time requiring a practical and penetrating analysis and understanding of the reasoning behind Halacha.

Although this view is intended to apply across the board, perhaps educational systems could adopt some of these approaches, especially with students who show little or no real interest in Gemora.




UPDATE 22-11-2015:

A Rosh Yeshiva friend of mine pointed out three different approaches to this issue, and explained that as a general rule;

1) The Hungarians focused primarily on Halacha and ruled (paskened) directly from the Shulchan Aruch.

2) The Lithuanians focused primarily on Gemora and even ruled from Gemora, often bypassing the Shulchan Aruch itself.

3) The Sefardim ruled on almost any source that related to the question at hand, whether is was Gemora, Shulchan Aruch or even a view of a Rishon or Acharon.

Although I know there are exceptions to this, I found this breakdown enlightening as it shows the various approaches to what is considered the 'key' body of Torah literature.

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Another friend of mine referenced an anomaly that has become somewhat prevalent today;

In some (neo-mystical?) groups, they rule directly from the Zohar. I know of people who are not as diligent with regard to kosher observances because they claim that mystically only meat requires extreme kosher diligence.  They would, for example, permit falafel to be eaten even in a non kosher venue, disregarding all auxiliary issues of kashrut (such as heat transference, vessels, knives and spices etc). Disconcertingly, many of them have the appearance and apparel of regular frum Jews.

This again emphasizes the importance and imperative of a solid grounding in the fundamentals of Yesodei HaTorah.

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[1] Peninei Halacha, Likuttim 1, Hilchot Talmud Torah.

[2] Et kol haHalachot halalu, yes lilmod im hata’amim hayesodi’im shehem mevo’arim beTalmud.

[3] Limud rachav uma’amik.

[4] In note 2, p 9, we read that the great Rishonim and Acharonim espoused this view as well. They maintained that the very purpose of the mitzvah of Torah study is to know what do and how to act in practicality. The Vilna Gaon also encouraged the study of tractates that lean more to the side of practicality. See Hakdamat Biur HaGra on Shulchan Aruch, where he writes that the purpose of studying Shass is to learn practical halacha.

[5] Considering that a work that satisfactorily summarises all practical halacha, would have to be a modern book (in that it would have to contain rulings from halachic authorities up to the present day), I would venture to suggest that the Peninei Halacha would certainly come very close to being such a work. 

[6] See Peninei Halacha, Likuttim 1, p12.

[7] Berachot 35b.

[8] Nidah 70b.

[9] Berachot 4,b.

[10] Peninei Halacha, Likuttim 1, p. 19.

[11] Ibid.