דף הביתשיעוריםAvot

Avot193

נושא: Avot

Bet Midrash Virtuali

BET MIDRASH VIRTUALI

of the Rabbinical Assembly in Israel


RABIN MISHNAH STUDY GROUP


TRACTATE AVOT, CHAPTER THREE, MISHNAH FOURTEEN (recap):

Rabbi Akiva says: laughter and frivolity encourage promiscuity; tradition is a fence around the Torah,
tithes are a fence around wealth, vows are a fence around asceticism; silence is a fence around wisdom.

EXPLANATIONS (continued):

12:

Vows are a fence around asceticism: despite what one might think, the sages disapproved of rampant asceticism. Since often vows were taken by people in a moment of emotion when they vowed to 'give up' something or other the sages were concerned that this not be taken to extremes. The rules and regulations that surround the taking of vows upon oneself serve to limit the possibilities and, even all else fails, to facilitate their abrogation where possible.

13:
The most obvious example of a vow of abnegation is that of the Nazirite. The basic details are given in the Torah [Numbers 6:1-6]:

God spoke to Moses and told him to speak to the Israelites and to tell them that if anyone, man or woman, explicitly utters a nazirite’s vow, to set himself apart for God, he shall abstain from wine and any other intoxicant … Throughout the term of his vow as nazirite, no razor shall touch his head; it shall remain consecrated until the completion of his term as nazirite of God, the hair of his head being left to grow untrimmed. Throughout the term that he has set apart for God, he shall not go in where there is a dead person.

In every culture there are people who feel that they must deprive themselves of some of the good things of life: possessions, society, sex and so forth. Medieval monasticism is a good example, where people took vows of 'poverty, chastity and obedience' – in other words, they vowed to deprive themselves of possessions, sex and independence.

14:
However, in the provisions of the Torah we find that there are already restrictions 'built in'. The Nazirite may only deprive himself of three things (consumption of alcohol, cutting of hair and contact with a corpse) and that only for a certain period of time. When the time is up the vow is terminated. The Torah [Numbers 6:13-18] prescribes as follows:

This is the ritual for the nazirite: On the day that his term as nazirite is completed, he shall be brought to the entrance of the Tent of Meeting. As his offering to God he shall present … one ewe lamb in its first year, without blemish, for a sin offering… The priest shall present them before God and offer the sin offering… The nazirite shall then shave his consecrated hair…

because the vows have been terminated. Most interestingly, elsewhere in that same chapter [Numbers 6:11] we read that

The priest shall … make expiation on his behalf for the guilt that he incurred against his soul.

15:
Perhaps the most cogent argument against such behaviour is offered by Rambam in his Mishneh Torah [De'ot 3:1], where he says:

…People would stop eating meat, not drink wine, not marry, not live in nice houses, not wear nice clothes … and so forth – like the idolatrous priests are wont to do. This is not a good path [to follow] and it is forbidden to do so… In the case of the nazirite it says "The priest shall … make expiation on his behalf for the guilt that he incurred against his soul." The sages said, "The nazirite only abstained from wine and yet he needs expiation; all the more so is this true of someone who denies himself various things. That is why the sages commanded that a person should deny himself only those things that the Torah has denied him and should not deny himself permitted things by way of vows and oaths. The sages [in the Talmud of Eretz-Israel] said [Nedarim 29a]: 'Is not what the Torah has prohibited enough for you, but you prohibit yourself other things?' This includes people who are always fasting: they are not walking the right path…

To be continued.

DISCUSSION:

In Avot 191 we mentioned the lex talionis – 'an eye for an eye'. Jacob Chinitz writes (my own comments are indicated within the text):

While in most texts about eye for eye, your explanation about deliberate rabbinic altering of the pshat [plain meaning of the text] is necessary, in one case – in [parashat] Emor [Leviticus 24:18] – the text itself would lean towards a non-literal interpretation. It says: Makei Behema Yeshalmena, Nefesh Tachat Nefesh [one who strikes an animal shall make restitution, a life for a life]. No one would insist that this is to be taken literally. No one would say this means we kill the killer of the animal, or that we kill his animal in retaliation. It is an expression meaning payment. Especially since the word Yeshalmena is used. Why not extend this to Ayin Tachat Ayin [an eye for an eye]? Makei Ish … Mot Yumat, Umakei Behema Yeshalmena. Obviously the Torah is making a distinction between Tashlum, which is compensation by money, and Mot Yumat [death], which is not payment but punishment. This is the difference between civil and criminal law. Civil law compensates. Criminal law punishes. Why should we insist that Ayin Tachat Ayin is literal, and means punishment, and not as a metaphor, meaning compensation. Yeshalmena, make it whole, pay. In Makei Ish it does not say, Yeshalem Nefesh Tachat Nefesh, but Mot Yomat, which punishment and not compensation.

I respond:

I must confess that I do not fully understand what is worrying Jacob. We have already established that the sages did not understand 'an eye for an eye' literally. Furthermore, in Exodus 21:29 they even interpreted the word yumat [he shall be killed] as indicating monetary compensation. However, Jacob's main point is well taken.


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