Rambam
Rabbi Yitzchok Etshalom
Talmud Torah 1:08
8: Every Jewish man is obligated in TT ; whether poor or rich,
whether healthy or afflicted; whether a young man or an old man
whose strength is gone; even if he was a poor man taking his
sustenance from charity and going door-to-door; even a family man
is obligated to establish a time for TT during the day and at
night; as it says *vehagita bo yomam valayla* (and you shall
meditate upon it [Torah] day and night - Yehoshua [Joshua] 1:8).
Q1: Why the list? Once R states that every man is obligated, we
know that that includes the rich, poor etc.
YE (Yitz Etshalom) : First of all, he could
just be accenting that life circumstances are not an exemption
from the Mitzva of TT. This fits with the Mishnayot in Avot
which warn against saying: "I will learn when I get a chance" and
"Anyone who ignores the Torah due to wealth will ultimately
ignore it due to poverty"; Second, each of these particular
people has a "reasonable" claim: The rich man is too involved
with managing his affairs (and may be very involved in community
affairs, to boot); while the poor man has to scrounge for a
living -and is constantly worrying about tomorrowUs meal and
tonight's shelter; the healthy one can claim that while he is in
the prime of physical condition, it is time to pay attention to
the outdoors, health etc.; while the afflicted one can claim the
opposite; that he is in too much pain to learn. The young man
and the old one who is weak have the same dichotomy. R pays
extra attention to the poor man who is going door to door for his
own sustenance and the family man. This is probably because
these two can claim, unlike the first six, that they are busy
taking care of themselves/their family and without their
involvement in worldly matters, lives (their own, or family
members who depend upon them) could be endangered. The Halakha,
nevertheless, places the obligation of *k'viat itim*
(establishing times for study) on all of them. The rule of *osek
bemitzva patur min hamitzva* - (one who is involved in a Mitzva
is exempt from another Mitzva) - which is a complex concept with
seemingly inconsistent application - does not exempt these people
- or any man - from TT.
Q2: The original intent of the command to Yehoshua seems to be
"constant learning" - why then is it important to establish times
during the day and night - wouldn't it be better to have one
longer, more substantial time, during the evening (or the day, if
that works better)?
YE: The text of Shma seems to be the hint - *b'shokhb'kha
uv'kumekha* (when you lie down and when you rise up). R will
address nighttime learning at the end of Perek 3.
Rambam, Copyright (c) 1999 Project
Genesis, Inc.