Reply To: Kollel – Talmud Torah Kneged Kulam

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Joseph
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Sitting and learning all day is the ideal. “Talmud Torah kneged kulam.” Chazal say, one word of Torah is higher than an entire lifetime of doing these Mitzvos. Chazal often mention that Toroso Umnoso is the ideal, that we do nothing all day but learn. Nowadays poskim say that w cannot reach that level, but clearly the closer the better. Also, Shulchan Aruch Hilchos Toalmud Torah, in the Shach ad loc, says that nowadays learning all day is the ideal, and that if someone has the ability to do it, he should. The Shach adds that regarding learning all day in general, nowadays we cannot reach our potential in learning the way the Rambam etc. did, since we are not on that level. Therefore, we should learn all day if we can.

The Rambam writes that a “working person” is someone who learns 8 hours a day and works 3. Not works 9am to 5pm.

A few other falsehoods that need responding:

1) All Chazals, such as Im ain kemach ain torah, just means that if you have no food, you cannot learn. Other Chazals say that if you have no food and you try to learn anyway, you will end up having to steal to eat, and what good is that. None of this has anything to do with Kollel. If you are supported by your parents, in laws, Yeshiva, or wife, you are not in a situation where you have to steal, and you have fulfilled the Chazal.

2) All Chazals that encourage people to work are also fulfilled by our Kollel people, and only exclude someone who has no means of support. Learning in Kollel is 100% a legitimate parnasa. If I become a baseball player and I have people pay to watch me play ball, that’s OK, but if I become a scholar and have people pay me to learn – that’s not?? If I got a job in a think-tank thinking of stuff all day, that’s wonderful – but if I get a job in Kollel thinking of Chidushei Torah that’s not?? Why should learning be any less? B’H today we have people who specifically want to support Kollelim, similar to Yissachar-Zevulun. If I were hired by these people to dance for them, I would be considered having a job. And it is no worse if they hire more to learn and provide them with Olam Habah instead of entertainment.

The exhortations in Chazal against being unemployed refer to those who have nobody who wants to pay them for anything, and are forced to take money form what was designated for the poor, which they do not have to be if they would get a job. But Kollel is not Tzedakah for aniyim. There is a big difference. Kollel support is support in return for learning. Tzedakah is support in return for nothing. As long as I am earning your support – regardless of whether it is through defending you in court or learning Choshen Mishpat – I am employed.

None of this “living off tzedakah” material has anything to do with kollel people. This is a common error. Tzedakah means that I give you money for no other reason that you need it – I do not demand anything in return for my donation. If I do demand something in return for my donation, it is not a donation but payment for services rendered. So if I pay you to entertain me, to be my personal trainer, to sing and dance for me, to be my baby sitter, I am not a baby sitter living off charity, but rather a paid worker. And so the statements about people living off tzedakah refer to people who are given money because they are poor, with no expectation from the donor that they learn, or work, or sleep, or do whatever they want. However, if someone gives money to you because he wants to merit the zechus of supporting Torah, and expects you to learn Torah because that is what he is supporting you to do, then that is not tzedakah at all but rather a simple business deal, the same as if I pay you to play baseball.

If I give you tzedakah money because you are poor, and you sit home all day watching television, then you may be an unproductive member of society but you are not a thief – I gave you tezdakah for food, and you are spending it on food. It was my choice to do that. But if I give you money to learn in Kollel and you stay home all day watching TV then you are a thief, because you took money specifically to learn and you did not keep your end of the bargain.

Thus, taking money for learning in Kollel is NOT living of tzedakah. Since I, the recipient, must provide something in return for payment received, that is a simple business deal. If I do NOT have to provide anything in return for payment received, that is Tzedakah. Since Kollel people must learn Torah in return for the payments they receive, they are NOT living at all off Tzedakah. Not any more than any person who renders services for payment received.

(As an aside, incidentally and for the record, the Halachah is that you are nowadays ALLOWED to live off Tzedakah to learn (see the Ramah and Shach in Hilchos Talmud Torah).

Regarding maaser – The maaser goes to the Yeshiva. The Yeshiva pays the Kollel. The Maaser is only going to them in return for and under the condition that they learn. This is not living off Tzedakah. This is a receipt of money in exchange for doing something, which is not the same as living off Tzadakah. This is providing a service that is considered valuable to those who provide the payment. it is no different than a singer getting money to sing or a baseball player getting money to play. The fact that you are allowed to use your maaser to support these fellows is no different than the fact that you are allowed to use your maaser to support Tzedakah organizations that pay fundraisers, administrators and other workers. Maaser is not the same as Tzedakah. Nobody would consider the head of Hatzolah as someone who “lives off tzedakah” even though he is paid through donations given to the organization. The same thing applies to someone who learns, and because he learns, is supported by whatever source, including maaser.

3) There is an obligation on every Jew to become as great in Torah as he is able. There is also an obligation to not steal, or not to put yourself in a situation where you will have to steal. Or to make sure the Torah scholars live respectfully and not as beggars. The ideal situation is to have both.

But the standard of livelihood required is bare minimum. “Kach hi darkah shel torah – pas b’melach tochal etc.” — Bread salt and water – if you have that, you have parnasah. The Rambam writes that a typical Baal Habayis works 3 hours a day and learns 8.

This is what a “working person” is. Three hours a day. 8 hours learning.

What in the world does that have to do with today’s working man’s lifestyle where he works 8 hours a day and almost never even learns 3? It proves nothing that Chazal endorsed working, since working in those days meant learning 8 hours a day.

4) The Rambam praises those who learn all day and don’t have jobs, as the elite “Shevet Levi” of our days. Clearly, even if working is endorsed, it is inferior to those who learn. To reconcile the Rambam with your Chazals, you can choose any of the commentaries available, some of which explain it similar to above.

5) If learning in Kollel is against the Chazals about Melachah and Derech Eretz, then so is being a Rebbi or a Rav. See the Rama YD 246:6. He brings your Chazals and says that therefore nobody can be a paid Rebbi or a Rav either, since he relies on the congregation. But then he brings dissenting opinions, and rules that the custom is that Torah scholars do benefit from their learning, by support from the community.

Then he brings other opinions that the community should support its Torah scholars even to the point of affluence.

The Rama then says it is a Midas Chasidus – praiseworthy – for someone who can become a Gadol B’Torah and make an independent living, but continues that not everyone is capable of this. It is clear that he is saying that if you have a choice between becoming a Godol B’Torah or making a living, becoming a Godol B’Torah comes first.

The Shach on the spot points out that the Halacha always follows the Minhag and the Minhag is like those opinions that one may depend on the community to support him in order to learn. He says that this is because of the Halachah of Ais La’Asos, meaning, even if it is theoretically prohibited to rely on the community, but because nowadays we cannot do both, become great in Torah and make independent livings, the right thing to do is to learn Torah and be supported.

He continues by saying that if someone spreads Torah and spends all his time learning and teaching, even if he has a skill with which to make a living, it would be wrong of him not to allow the community to support him, since this way he would be able to spend his time learning and teaching, rather than working.

See, its very nice to make an independent living, but it is more important to become a Godol B’Torah. If you cant have both, then Torah is the right choice. Whatever advantages there is in making money, they do not come close to those of becoming a great Torah scholar.