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Bereishis | Shemos | VaYikra 
BeMidbar | Chagim

Cover

Introduction

BeMidbar
Kavod for Torah and its Teachers

Nasso
Birchas Kohanim Recited By A Non-Kohein

Parshas Behaalosecha
Waiting Between Eating Meat and Dairy

Parshas Shelach
Separating "Challah"

Parshas Korach
Eating in a Shul

The Sefer follows the School year
and covers until Parshas Korach

Parshas BeMidbar: Kavod for Torah and its Teachers

No definitive Halacha LeMa'aseh conclusions should be applied to practical situations based on any of these Shiurim.

This Parsha focuses primarily on the census of Bnai Yisrael taken by Moshe Rabbeinu in the desert, a little more than a year after Yetzias Mitzrayim. Among those counted, although not together with the rest of the nation, were the members of Aharon's family. That part of the census is introduced by a statement that what follows is a list of the offspring of both Aharon and Moshe (Bamidbar 3:1). The Gemara in Sanhedrin (19b) is puzzled by the reference here to Moshe, because his children are in fact not mentioned in the subsequent Pesukim. Why does the Torah speak in the introductory Posuk (Ibid.) about the offspring of Aharon and Moshe and then identify only the children of Aharon? The Gemara (Ibid.) explains that actually, Aharon's children were in fact Moshe's children as well, because although Moshe didn't father them biologically, he taught them Torah, and as such can be mentioned as their parent along with Aharon. From this, the Gemara (Ibid.) concludes that anyone who teaches Torah to a child is considered, in certain respects, as if he produced that child. A similar conclusion is reached by the Gemara later in Sanhedrin (99b) based on another source.

The Mishnah in Kerisos (28a) speaks of the Kavod, the honor, which one must extend to one who teaches Torah, and actually says that his obligation to honor one's teacher takes precedence over the obligation to honor one's biological parent. The Mishnah in Bava Metzia (33a) likewise documents this idea, giving some practical examples where this rule becomes relevant, and explaining that one's teacher deserves greater Kavod because whereas one's parent brings him into this world, one's teacher, by transmitting Torah to him, provides him with the ability to gain entry into Olam HaBo. The Rambam therefore rules (Hilchos Talmud Torah 5:1) that just as there is a Mitzvah to honor and fear one's parent, there is also such a Mitzvah regarding one's teacher, and that the obligation to the teacher takes precedence. The Shulchan Aruch (Yorah Deah 242:1) rules this way as well.

The Gemara in Bava Metzia (Ibid.) discusses what kind of teacher must be given this high level of Kavod; the Rambam (Ibid. Halachah 9) and the Shulchan Aruch (Ibid. Sif 30) write that this obligation applies only to one's "Rebbe Muvhak", that is, the teacher from whom one has acquired most of his knowledge. The Ramo (Ibid. Sif 34) adds that this applies only to a teacher who teaches one Torah for free, but if one's parent hired the teacher, the Kavod due to the parent takes precedence. Moreover, if the parent also teaches the child Torah, the Mishnah in Bava Metzia (Ibid.) notes that the Kavod due to the parent is greater than that due to the teacher. The Rambam (Ibid. Halachah 1) rules accordingly, although elsewhere (Hilchos Gezeilah V'Aveidah 12:2), he indicates that this may be only if the parent is on the same level as the teacher, a position accepted in one place by the Shulchan Aruch (Choshen Mishpat 264:2). The aforementioned Ramo (Yoreh Deah Ibid.) rules that whether the parent or the teacher takes precedence depends upon the specifics of the situation; the Shach (Ibid. Sif Katan 65), the Taz (Ibid. Sif Katan 19), and others elaborate on this point. Nevertheless, regardless of whether one's obligation to honor one's teacher is greater than his obligation to honor his parent or not, it is clear from these Poskim that one must have great Kavod for anyone who teaches him Torah since, as mentioned above, this person is like a parent to him.

The question is, may the Rebbe himself be "Mochel"-or forgo-this Kavod to which he is entitled? The Gemara in Kiddushin (32a-32b) says that although a parent may be Mochel his Kavod-the Rambam (Hilchos Mamrim 6:8) in fact says that a parent should do so to a certain extent-there is a dispute as to whether or not a Rebbe may do so. The dispute revolves around a fundamental distinction between a parent and a teacher in terms of the source of the Kavod that is due to him. A parent is respected for being the parent; the honor is for him as a person and he may thus forgo it. One authority holds, however, that the honor due to a Rebbe is for the Torah he represents and teaches; it is therefore not within his rights to allow the Kavod due to Torah to be ignored. In short, the Kavod is not his personally, but the Torah's and because it's not "his" Torah, he can't be Mochel the Kavod due to it. Those who disagree feel that it is in fact "his" Torah, having mastered it, and thus he can be Mochel the Kavod. The Rambam (Hilchos Talmud Torah Ibid. Halachah 11) and the Shuchan Aruch (Yoreh Deah Ibid. Sif 32) accept the latter opinion. Rav Ovadyah Yosef (Sheilos V'Teshuvos Yabea Omer Chelek 6 Chelek Yoreh Deah Siman 21) cites Poskim who say that this applies only to people who have mastered the Torah to the point of being Gedolei HaDor, while other Talmidei Chachomim cannot be Mochel the Kavod due to the Torah. He himself rules, however, that it indeed applies to all Talmidei Chachomim, and he supports his view with numerous sources.

The Rivash (Sheilos V'Teshuvos HaRivash Siman 220) quotes from the Ra'avad that although a Rav can be Mochel is Kavod, he cannot allow himself to be shamed, mocked or disgraced, just as a parent who may be Mochel his Kavod cannot allow his child to talk to him in a disrespectful or disparaging fashion. Whether or not this ruling is accepted my be a dispute between the Mechaber and the Ramo (Choshen Mishpat Siman 263 Sif 3 and Siman 272 Sif 3); the Mechaber says that at least for the sake of a Mitzvah, a Rav may act in an undignified manner, while the Ramo says it is improper even then. The Ramo (Yoreh Deah Ibid.) thus feels that it is necessary to stress that even if a Rav has been Mochel his Kavod, it remains forbidden to disgrace him. The Mechaber (Yoreh Deah Ibid.) himself, like the Rambam (Ibid.), notes that even if a Rav has been Mochel his Kavod, it is proper for his students to display some minimal amount of respect anyway.

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