Rambam
Rabbi Yitzchok Etshalom
Talmud Torah 2:1
1: We set up *melamdei tinoqot* (children's teachers) in every
*medina* (state) and in every *plach* (region) and in every
city. If a city does not maintain *tinoqot shel beit rabban*
(lit. children of the teacher's house - i.e. a school) we
excommunicate the residents of the city until they hire a
teacher. If they do not hire, we destroy the city; because the
world only exists [by the merit of] the speech of *tinoqot shel
beit rabban*.
Q1: Once we are establishing schools in every city, obviously
they will exist in every region and state - why mention it?
JB (Jay Bailey ): This probably refers to
the responsibility of the various officials/rabbis/laymen...The
king must make sure his country has an educational system, as
must a governor and a mayor (and the other comm. leaders. The
king will not handle it all, nor must he assume that others will.
It's a shared responsibility .
YE (Yitz Etshalom): Interesting to note the
terms used in the original *sugya* (section from the gemara) - in
Bava Bathra 21a. It is worth citing:
"R. Yehuda said in the name of Rav: That man is remembered for
good, his name is Yehoshua ben Gamla, for without him, the Torah
would have been forgotten among Yisrael; for originally, someone
who had a father, he would teach him Torah and someone who didn't
have a father would not learn Torah...they ordained to establish
teachers in Yerushalayim...then they ordained to establish
teachers in every region (*plach*) and to bring them [to study]
at the age of 16 or 17, such that if his teacher became angry
with him, he would rebel and leave the class, until Yehoshua ben
Gamla came along and ordained that they establish teachers in
every city and every state (*medina*) and to bring them in at age
6 or 7..."
It seems that R is learning that Yeshoshua ben Gamla's ordinance
was not a replacement/usurpation of the previous ordinance (to
have teachers in every region) - rather, it was an extension of
it. Therefore, he learns that Yehoshua ben Gamla ADDED each city
and state to the original regional schools.
Q2: What is the nature and scope of this *Herem*
(excommunication)?
YE: We would assume that it is normal Herem - not doing business
with them, avoiding their company etc. As Jay points out below,
it seems that the sequence is: first we excommunicate the
residents - i.e. those who have the personal responsibility of
maintaining educational institutions. Then, if that doesn't
work, the whole town falls under this Herem. It is significant
to point out that Rashi (Shabbat 119b) seems to learn this
"herem" differently; such that it means that the town is laid
waste - not as a Beit-Din procedure, rather as a Heavenly
punishment.
Q3: We will assume that R does not literally mean that we
declare a holy war against this town - what then does he mean "we
destroy it"? -Q4: Following Q3, how is this destruction -
whatever it means- justified by the last clause?
JB: My text has a footnote indicating that only the Oxford text
uses the term destroy, all others repeat "excommunicate." The
seems like it may have been a typo - we destroy a city that, in
its entirety, practices idol worship. There are all kinds of
rules about it. It's not like R to throw out a statement like
this. That said, his reasoning quote works fine. We don't deal
with them because they are negligent in an area we hold so
fundamental.
EF (Ezra Frazer): The justification for
applying the *herem* to the city is clear. Any city which
doesn't have an educational system is not going to last very
long. If the children of the city lack knowledge of the Torah
and its values, they are not going to form a proper society. The
society created by uneducated boors without Torah values is not
worth associating with. Rather than waiting until the society
gets to this point where it must be cut off, we threaten the city
with destruction before it becomes amoral. Hopefully, this
threat of *herem* will be an effective deterrent. If not, the
threat must be followed through on, so as to prevent an evil
society from spreading its influence. We also have this idea
elsewhere in Judaism (like the commandments to completely destroy
Amalek and the 7 Canaanite nations) that unusually harsh measures
must be taken when a whole society is founded on evil.
Rambam, Copyright (c) 1999 Project
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