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From: Russell Hendel <rhendel@saber.towson.edu>
Date: Tue, 11 Jul 2000 00:23:53 -0400 (EDT)
Subject: Talmud Torah (beyond 1 chapter a day) **IS** OPTIONAL

I recently introduced the distinction between commandment types in the
hope of clarifying the nature of our obligation to go to Israel.  3
types of commandment obligations are discussed: (1) OBLIGATORY--YOU HAVE
TO DO THEM (like praying daily);(2) CONDITIONAL OBLIGATORY--YOU MUST DO
THEM IN CERTAIN CIRCUMSTANCES (eg if you eat meat then you must eat
kosher) (3) PIOUS--YOU DON'T HAVE TO DO THEM BUT FULFILL GODS WILL IF
YOU DO (Like learning all day)

Carl Scherer dissents:(Carl brings about 6 sources which I omit)
>>>>
I see no basis at all for characterizing any Torah learning as merely
pious....I think you are taking things which have no shiur (fixed amount)
and appending to them a characterization of "piety" as if they are not
obligatory. I see no basis in halacha for doing so.
>>>
I am glad Carl says this since it enables us to carry our discussion on
PIOUS vs OBLIGATORY from Israel to other halachic areas where have more
sources. In other words I believe that both learning and Israel are PIOUS
but not obligatory while Carl believes they are both obligatory (or
conditional obligatory). Let us examine Talmud Torah.

It turns out this was discussed about a year ago (by me)on the email
group Torah Forum (at project genesis) Volume 4 Number 68. Here is a
brief synopsis. I cite 5 sources on the obligation to learn Torah

1) TNACH: It says explicitly (Dt 6:7) "...You shall learn them ..when
you wake and when you go to sleep". It further says (Jos 1:8)"..This
book of the Torah shall not depart from your mouth and you shall utter
them day and night".(Carl also cited this last verse from Joshua)

2) TALMUD: (Mnachoth 99) The talmud raises the question whether the
above mentioned requirement of "continual study" MEANS "all the time" or
once a day and once a night. This is a controversy in the Talmud (and
seems to apply to other matters (like the "continual bread" (Lev 24)).

3) RAMBAM: (Law of Torah 1:8): "Every Jew is obligated in Talmud Torah
whether he is poor or rich...all Jews must set ASIDE TIMES IN THE DAY
AND EVENING TO STUDY"

4) ARUCH HASHULCHAN (246:7) "As is clear from the CAPPED words the
Rambam decided the Talmudic controversy according to the "once a day and
night" interpretation. (NOTE: The Rambam is read IN LIGHT of the
Talmud..)  (Tanya Chap 34 is also cited as a 5th source)

There is more to discuss here (perhaps a MJ thread). But I think there
is a strong case that Talmud Torah (Beyond one chapter a day) is PIOUS
but NOT OBLIGATORY. Hence I conclude that eg you should not pester
people to learn more than their one chapter a day.

Russell Jay Hendel
http://www.RashiYomi.Com/