Coping with New Realities
Chapter 5, Law 11
"It is the way of people with understanding that a person should first
establish for himself a livelihood (lit., 'labor') which supports him,
then he should acquire a house, and then he should marry a woman. [This
is] as the verses state (Deut. 20:5-7): 'Who is the man who has planted a
vineyard and has not redeemed it [let him go and return to his house lest
he die in battle]...,' '...who has built a house and not initiated
it...,' '...who has betrothed a woman and not taken her...'
"However, the fool begins by marrying a woman, and then if he is able he
will buy a house and [only] afterwards at the end of his life will he seek
[to learn] a craft -- or he will support himself from charity. And so too
it states in the 'Curses' (Deut. 28:15-68): 'A woman will you betroth [and
another man will lie with her]; a house will you build [and you will not
dwell in it]; a vineyard will you plant [and you will not redeem it]' (v.
30). This means to say, [G-d will curse you that] your deeds will be
backwards so that your ways will not succeed. Whereas in the blessing what
does it state? 'And David was in all his ways wise ('maskil') and G-d was
with him' (I Samuel 18:14)."
The Rambam this week is continuing to discuss the ways of the Torah
scholar -- and of people of understanding in general. This week he
discusses the manner in which the scholar must plan and arrange his life.
I would first like to explain a few quick surface issues, providing a
little more context for the Rambam's words. We'll then discuss the
relevance of this law to modern times.
Deuteronomy 20:1-9 discusses the procedure Israel follows in preparation
for war. Before departing the borders of the Holy Land, the officers would
excuse certain types of people from combat (although they were expected to
perform auxiliary duties, such as paving roads (Mishna Sotah 8:2)). They
are: (a) Someone who has built a house but not yet lived in it. (b)
Someone who has planted a vineyard (or any type of orchard -- see Mishna
Sotah there) but not yet "redeemed" it. (In the vineyard's fourth year,
the fruits are taken to and consumed in Jerusalem (or are redeemed with
money which is spent on food items there) -- see Leviticus 19:23-5.) (c)
Someone who has betrothed a woman but not yet lived with her. (In
classical times, the betrothal occurred a year before the husband brought
his spouse into his home. Today, the betrothal and full marriage ceremony
are performed together at the wedding.) (d) Someone who is too scared to
fight.
The Talmud (Sotah 44a) infers from here that proper behavior is for a man
to first acquire a house, then learn a trade, and finally marry a woman.
The Rambam, as a surprising aside, appears to misquote the Talmud and
confuse the verses, stating that a man should first learn a trade and then
purchase a house. The commentators struggle to explain the Rambam's
opinion, suggesting that the only thing clear from relevant parallel
sources is that one must marry last, when he has both a home and the
wherewithal to support a family. Buying a house versus learning a trade is
far less significant, and depends more on the practicality of the
situation.
It has been observed that for the most part, people today follow the path
opposite the one advised by the Talmud -- adhering rather to what the
Rambam considers the path of fools. It is quite common today, even in the
most traditional of circles, to marry before a young man has completed his
schooling and to make do in an apartment quite some time before settling
down in a home. And likewise, young men often seek a wife -- and get
engaged -- while still living in their parents' home or school dormitory,
and only afterwards begin the (sometimes frantic) search for a suitable
place to live.
Although to be fair the Talmud's statement was presented only as advice
(the Talmud merely referred to it as "the appropriate way" ("derech
eretz" -- literally, "the way of the land")), and the Rambam likewise
recommended this as the way of the wise rather than a clear-cut matter of
Jewish law, it certainly behooves us to offer some justification for
today's widespread disregard of our Sages' wise advice. Such is certainly
something not to be taken lightly.
I believe there are several factors which make the Talmud's advice
impractical today -- or at least not as relevant as its simple wording
implies. I'll begin with an important inference made by my teacher R.
Yochanan Zweig (www.talmudicu.edu). The Rambam codified this law by
stating a person must first "establish for himself a livelihood." He
didn't quite say that a person must actually be earning money and turning
a profit, just that he must "establish" his profession. This does not seem
to imply more than having studied a trade. (It may also be argued that a
student well on his way to earning a professional degree may be considered
to have his trade "established", if not mastered and completed.) It was
common when I was in yeshiva (rabbinical college) for students to earn a
vocational university degree on the side (at night school and during the
summers) -- as a back-up, to make their parents happy, or both -- while
pursuing their Torah studies. Based on the Rambam, possessing a degree on
the side would be a sufficient basis to begin a marriage.
Another worthwhile point is that "learning a craft" today is far different
from what the Talmud and Rambam had in mind. Once upon a time it basically
entailed a few months apprenticeship with the local shoemaker or tanner --
who was quite likely the apprentice's father or uncle. Perhaps I'm wrong,
but I don't imagine there was a whole lot more to it back in the good old
days. Surely the Rambam, famous physician that he was, did not spent years
attending medical school and completing his residency and internship.
People today who do not complete law or medical school until well into
their 20's and 30's would have to wait far longer than the Sages'
dictum "at eighteen the wedding canopy" ((Pirkei
Avos 5:25) . It seems unlikely that the Sages intended that we adhere
to their former words of advice at the expense of their latter. (Who
marries at eighteen for that matter? -- but another discussion.)
We can make a comparable distinction regarding buying a home. What the
Sages thought of by a "house" we wouldn't consider much more than a home
parking garage (see for example Mishna Bava Basra 6:4). Perhaps one must
have at least a small apartment prepared before the wedding. However,
moving into the couple's dream home -- which they'll spend decades paying
off -- is for when they are far better established.
With all the above in mind, society has taken a very different shape today
than in the past. Parents are often themselves much more comfortable
financially and are able and willing support their grown children
throughout many years of advanced schooling. Likewise, many young women
today are willing to marry men who are not yet financially independent,
while in the course of advanced professional or rabbinic studies. A young
woman may well feel the overall goal of her husband's realizing his full
potential in his studies outweighs the material sacrifices they will
invariably make along the way.
A final consideration is that the Sages generally frown upon delaying
marriage, even if all needed prerequisites are not yet in place --
especially in situations in which a young man might otherwise be tempted
to immorality. The Rambam elsewhere (Laws of Torah Study 1:5) states that
one should first study Torah and only then marry, since the obligations of
married life will make it difficult for him to fully devote himself to his
studies. However, if a man's "evil inclination is overpowering him," he
must marry first -- for if not, far more serious breaches of Torah law may
occur.
A similar comment is made by R. Yonasan Eybechutz (famous Talmudist and
Kabbalist of early 18th Century central and eastern Europe). When the
Talmud quoted above stated that one must purchase his house and establish
his profession before marriage, R. Eybechutz comments that even though
this is the ideal order, a poor man is certainly not obligated to delay
marriage because he cannot find work. He cites a similar ruling from
elsewhere in the Talmud (Kesuvos 67b) regarding the laws of charity. If an
orphan wants to marry, the community is obligated to rent him a house and
purchase him the bare necessities. Buying him a house was not
stated, nor was there any mention of providing him with a vineyard (or
more broadly, setting him up in business). It would certainly be a
wonderful act of charity, but such is not the community's obligation --
nor must the marriage wait for it.
Thus, the Talmud's order is certainly the preferred, but one must not
inordinately delay his later life duties on account of his earlier. We
might all want to wait for that "perfect time" to marry and raise a
family, but the Torah does not permit that we wait indefinitely for such --
as such perfect times will likely never come.
More generally speaking, I feel today's discussion provides us with a good
illustration of an important phenomenon in Jewish life. Different
generations must recognize and meet new challenges. It is not always wise
or appropriate to blindly follow the practices of our grandparents in
Europe and just assume all will work out for the best. What worked for
them may simply not work today. We must recognize that times change and
that even something as sacred as Talmudic advice (but certainly not
Talmudic law) may just be impractical in modern times.
Many examples of such immediately come to mind: The founding of the Bais
Yaakov girls school movement over a century ago (Jewish girls beforehand
generally had no formal schooling -- or attended public school), the
founding of the Chassidic movement, the founding of the Mussar (ethics)
movement (which introduced the study of ethics and character development
into the Jewish educational curriculum). To be sure, innovation never
comes without backlash and yet newer challenges. Yet in a non-stagnant
world, each generation must be prepared to recognize the ever-changing
situations in the world at large and to rise to their challenge.
Text Copyright © 2009 by Rabbi Dovid Rosenfeld and Torah.org