Part II
Hakodosh Boruch Hu established two yeshivos for Yisroel so
that they should be studying [Torah] day and night. Klal
Yisroel's yeshivos are the chariot upon which Hashem's
Presence rests and through them it comes to rest upon the
entire nation. Torah has been studied in the world since the
day it was created, without interruption. Yaakov Ovinu sent
Yehuda ahead to Mitzrayim to establish a yeshiva, because it
was essential for him and his family.
As Long As Life Lasts
This then, is the defining form that a yeshiva must have.
This was what Yaakov Ovinu's yeshiva looked like. Living
implies being occupied with Torah continuously, without any
interruption.
It is known that in Yeshivas Volozhin, in the time of my
great-great-grandfather the Netziv zt'l, and before,
since the time of Rav Chaim of Volozhin zt'l, the
practice was to have fixed, alternating groups so that there
would be learning throughout the day and the night, without
any interruption in Torah study whatsoever. That is how a
yeshiva should look -- but not only a yeshiva; this is part
of the fundamental obligation to study Torah -- "and you
shall study it day and night," without any interruption.
Chazal make a fearsome statement. "A person should never be
idle from Torah study, even for a brief time, not even at the
time of his death, as it says, "This is the Torah: a man that
dies in a tent" (Bamidbor 19:14) -- even at the moment
of death, this is the Torah" (Shabbos 83). In other
words, being occupied with Torah at the time of one's death
is not simply a worthy practice, so that one passes from one
world to the next amid the Torah's holiness. It is part of
the obligation of Torah study, which one should never set
aside, even for a moment. Torah doesn't relinquish its claim
even at the moment of death. This too, is one of life's
moments, to which the obligation to study it applies.
Defining Two Approaches
The medrash says that Yaakov Ovinu's yeshiva was
somewhere that "he could rule on divrei Torah and
where the tribes could learn." The yeshiva was for all of
them. It was to be a place for giving Torah rulings and for
the tribes to learn.
The Medrash Tanchuma says, as we quoted earlier,
"Hakodosh Boruch Hu even made a covenant with Yisroel,
that the Oral Torah would not be forgotten by them or their
descendants. Therefore, Hakodosh Boruch Hu established
two yeshivos for Yisroel in Bovel . . . " Now, while Rav and
Shmuel led the yeshivos in Sura and Pumbedisa, Rabbi Yochonon
was leading his yeshiva in Eretz Yisroel. Obviously, not
every yeshiva was part of the covenant over the Oral Torah.
Hashem only designated the two great yeshivos in Bovel as the
means whereby the Oral Torah would be sustained.
In a number of places in Ha'amek Davar and more
thoroughly in his introduction to the She'iltos, my
great-great-grandfather the Netziv explains at length, basing
himself on Chazal, that ever since the Torah was given, there
have been two paths in learning Torah and ruling on
halochoh. The tribe of Levi was chosen to "teach Your
laws to Yaakov" (Devorim 33:10). The levi'im
had the gift of being able to alight upon the correct ruling
for a particular time by comparing one case with another.
These rulings however, do not stand as Mishnah for all
future generations and in a later time; different comparisons
might legitimately be drawn.
The strength of the tribe of Yehuda on the other hand, lies
in their being described as, "My lawmaker" (Tehillim
60:9) which Chazal say, "refers to the descendants of
Hillel who teach Torah in public. Through their Torah debate
and their extensive discussions about halochoh, their
Torah emerges solidly grounded and conclusively proven and it
becomes mishnah." Subsequently, it is treated as part
of the foundation of the Oral Torah.
Differing Merits
This was also the difference between the Torah of Moshe
Rabbenu and Aharon Hacohen. Once Moshe had received the Torah
with the genuine tradition, he ruled without needing the tool
of halachic debate. This is also the difference between the
Talmud Yerushalmi which was composed by Rabbi Yochonon
and the Talmud Bavli. The special virtue of Eretz
Yisroel, with the direct chain of transmission, enabled true
and genuine halachic rulings to be arrived at without great
toil and first going through a process of debate.
The learning in Bovel was different. Because of the exile and
the interruption of the chain of transmission, they only
arrived at a final understanding of divrei Torah after
deep and protracted discussion about the halochoh.
However, because of their very uncertainty to begin with,
they ultimately attained tremendous illumination and
clarity.
The Netziv compares these paths to the experiences of two
people who are searching for the way out of a mansion. One
has a light with him and he sees where the entrance is
immediately. The other has no light and must make his way in
the darkness, feeling his way along every inch of the wall.
He falls and gets up again and stumbles aplenty but
ultimately, after a lot of hard work, he finds the entrance.
The mansion's interior is clearer to him than it is to the
first person because he is familiar with every nook and
cranny, having got to know each corner in his search for the
entrance. The Netziv notes that this was also the difference
between the Geonim and the Baalei Hatosfos.
These two paths were already distinct in the time of Yaakov
Ovinu and his yeshiva, which was to be "a meeting place,
where he could rule on divrei Torah and where the
tribes could learn." In other words, the yeshiva would be a
means of arriving at halachic rulings needed for the times,
following the path of Levi and also for the tribes to learn
Torah amid debate, according to the approach of Yehuda.
Combining Both Strengths
This is the explanation of the Tanchuma, which clearly
states that the covenant was made over the Oral Torah for two
reasons. The first reason is the difficulty in learning it
because its meaning is obscure, until great toil is put into
understanding it and it is studied day and night (and we find
that the Gemora (Gittin 60) also gives this as the
reason).
The second reason is that it is only studied by those who do
not seek pleasures or worldly desires. We find in maseches
Derech Eretz (quoted by Rabbenu Yonah in Shaarei
Teshuvoh, sha'ar 2:17), "If you don't want to die, die
before your death." The commentators explain that death here
is understood in the sense of separation from worldly life
and pleasures. To serve Hashem "with all your heart"
(Devorim 6:5) means putting all one's heart and
transferring all one's desire to Torah and its love. There is
no love like the love of Torah and there is no greater
enjoyment.
These two qualities are the ones that typify students of the
Talmud Bavli. The Gemora (Sanhedrin 24) says, "
`He placed me in darkness, like the dead who depart the
world' (Eichoh 3:6) -- this refers to the Talmud of
Bovel." "Darkness" refers to the first condition and "like
the dead" to the second.
Learning the Talmud Yerushalmi on the other hand, does
not necessarily demand the fulfillment of these two
conditions. Thus, since the covenant over the Oral Torah was
made on the basis of these two conditions, it found its
fulfillment in the Talmud and in the two great yeshivos of
Bovel.
To this day, the yeshivos take one of these paths or the
other. Some devote themselves to [training for] ruling on
halochoh and comparing one case to another while in
others, Torah is studied in full depth. In his commentary to
Mishlei 10, the Vilna Gaon zt'l, mentions these
two approaches. " `The words of the Sages are like spurs'
(Koheles 12:11), the words of the chachomim who
demonstrate how to understand the Torah's path are like the
spur that steers the cow along the furrow and `masters of
gatherings' (ibid.) refers to collections of
halochos and their comparison with one another."
While both paths are Torah paths and are valid approaches for
a yeshiva, "Wisdom is good together with an inheritance"
(Koheles 7:11). This means that it is good to combine
both paths and engage in both disciplines. One should make
time for developing depth and profundity and for Torah debate
that draws on the deepest Torah wisdom but this should be
"with an inheritance." One should also make time for studying
halochos and established rulings.
Rather than separate the two by studying the rulings of the
Shulchan Oruch on their own, the correct and most
desirable path is initially to study a topic in full depth.
Then, after having engaged in discussion and debate and
clarified everything from all angles, to try to draw
halachic conclusions, one should attempt to see
matters all the way through and understand how the
halochoh emerges from all the discussion. The beacon
of the halochoh will then be powered by the source of
light -- the sun of profound understanding. Rav Chaim of
Volozhin explains this at length in his introduction to the
Gaon's commentary to Shulchan Oruch.
Wellspring of the Redemption
To sum up -- a yeshiva not only represents but actually
is Hashem's Presence resting upon Yisroel. A yeshiva
is defined as a place where Torah is learned continuously,
without any interruption. The methods it follows in Torah
study are immersion in the depths of halachic debate and
drawing halachic conclusions therefrom, while abstaining from
all worldly affairs, not seeking any worldly involvement or
pleasure whatsoever. Once this path has been taken, a bright
light shines for the straight-minded and the upright of heart
experience the joy of Torah.
How foolish are those people who discuss the affairs of
bnei yeshiva without having the slightest insight or
trace of Torah with which to understand Torah and the
obligations it confers. Every moment of time and every scrap
of feeling are holy and must be given over to love of Torah
and toil in Torah. Only by following the Torah's path can we
hope that Hashem's covenant will not be abrogated and that
Talmud scholars will grow and develop whose Torah and whose
rulings Yisroel will follow.
Only from the yeshivos where the Shechinoh resides
will the beginnings of Yisroel's redemption start, as the
Tanchuma notes. From there, "the kingdom will belong
to Hashem" -- may it be His will that it happens speedily, in
our days.
HaRav Moshe Shmuel Shapiro is rosh yeshivas Be'er
Yaakov.
