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From: Russell Hendel <RHendel@RO.HCFA.GOV>
Date: Thu, 18 Apr 1996 13:06:45 -0500
Subject: Discipleship

I would like to respond to David Riceman's question in Vol 23 # 63 and
Jeff Mandin's response in Vol 23 #66 on discipleship.

The question is: According to the Jewish tradition is a disciple best
when they only learn what their teacher told them or when they deviate.

I would like to suggest that the issue of IMITATING vs DEVIATING is not
an issue in the PERSON but an issue in TIMING.

Before I explain this, maybe an example would clarify it.  The great
Rambam started out in life by writing a PERUSH on the MISNAYOTH.  He saw
his goal as clarifying what was already there, not creating original
halachoth.

However in the Misheh torah which he wrote later he did several original
or semi original things: He adjudicated in controversies; He also
introduced several timed "It appears to me"; finally he is most famous
for his comprehensive classification scheme (which of course DEVIATED
from that of the Mishnah).

Was the Rambam then an IMITATOR or a DEVIATOR?  It seems to me he was
both.  Early in his life he was an imitator while later in his life he
was a deviator.  It is the time in ones development that legitimizes or
prohibits deviation vs imitation.

Returning to the main question let us examine sources: All rishonim
agree that there are three components to learning: Learning TENACH,
learning fixed halachah (usually mishnah), and learning Talmud, analysis
and generalization of the fixed halachah.

The rambam clearly identifies mishnah with FIXED HALACHAH and also
clearly identifies TALMUD with: derivation from principles, perception
of similarity and contrast, generalization etc.

When MACHLOKETH does exist in the rishonim on this three fold approach
it is only on timing (e.g. should you spend two days a week on tenach,
two on mishnah, two on gemarrah, or should every day be broken up; when
you know tenach and mishnah do you still spend three times a day etc).
There is no controversy on requirement of three fold breaking up.

But then the HALACHAH itself solves our problem:

MISHNAH is an IMITATION stage.  In fact: MISHNAH comes from SHANAH which
means to IMITATE.  The term undoubtedly comes from the famous SIFRE on
VESHINNATAM LEVANECHAH...that the knowledge of halachah should be clear
sharp statement summaries (like the sharpness of the TOOTH
---SHANAH--SHAIN).

Clearly then every student is required to go thru this imitation STAGE
when they learn the corpus of laws and minhagim and simply imitate their
teacher.

But halachah also encourages TALMUD.  TALMUD includes GENERALIZATION
which requires taking a fixed law and deviating from its fixedness and
making a generalization.  In fact all studies of reason involve
classifications that imply chidusim (e.g other advocated reasons may
differ in the case their is the "nafkah mina").

Since HALACHAH requires a TALMUD stage it is clear that all students
must go thru this deviating stage. Note that even simply TALMUDIC
activities like the derivation of fixed halachah from POSOOKIM may
involve implications not found in the original halachah(and hence are
deviations)

Since both these aspects exist it becomes readily understanable how
statements supporting each approach exist.  However we emphasize that it
is time not the person that causes the distinction.  Any personwho has
graduated from the MISHANAH stage should go to the TALMUD stage and
create novelty.

Since not everyone becomes a good talmudist we can understand why the
IMITATORS will outnumber the DEVIATORS. Theoretically however everyone
should go thru the two stages.

There are certain statements in halachah which might indicate e.g. that
a person should not enter a DEVIATING stage while his REBBE is alive
unless he gives permission. This however does not contradict what we
have said.

It is true that the Rambam is the only rishon who EXPLICITLY states that
after learning and Tenach and MIshnah one should learn Talmud all the
time and only review tenach and mishnah when necessary....but the
absence of an explicit statement in other rishonim doesn't mean they
disagree.  As a simple example, every BAAL KORAY knows that "the first
year" one may spend 3 hours a day or 21 hours a week learning the
PARSHAH.  After doing this for 10 years or so it usually is sufficient
to spend maybe a half hours or hour a day (3-7 hours a week) to get the
same results.  I don't know any POSAYK who would require someone to
learn laining 21 hours a week independent of how well he knows the
parashah.

In conclusion: Everyone should spend the initial part of their life
learning Tenach and fixed halachah.  During this stage one should be an
imitator.  After one knows basic halachah one should concentrate
entirely on talmud and make chidusim, generalizations, and distinctions
as they see fit.  Statements in the Talmudic literature supporting
IMITATION vs DEVIATION should be interpreted to refer to a certain time
in one's life and development and not as absolute statements.

I hope the above discussion on Mishnah vs Talmud clarifies the matter
sufficiently.

Russell Jay Hendel Ph.d. ASA
Dept of Math and COmputer Science
Drexel Univ, Phil Pa
rhendel@mcs.drexel.edu