Rambam
Rabbi Yitzchok Etshalom
Talmud Torah 4:7
7. One shouldn't ask a question while standing, and one
shouldn't answer while standing. One shouldn't ask from a high
place, from a distance or from behind the elders. One may ask the
teacher questions only on the topic which he is teaching. One
should ask with an attitude of reverence and a person should ask
concerning only three Halakhot while studying one topics.
Q1: Why must we be seated when asking and responding? How was
this dealt with when Torah study was done standing up? (see 4:2
and the Yahrzeit shiur posting on that section.)
YE: See answer c) to Q1 above. This may explain the two
presentations of this idea,as follows: In the previous Halakha, R
was dealing with the concern that all members of the session be
settled in and focussed before asking; in this Halakha, R is
addressing the concern that asking and answering are part and
parcel of TT and therefore, just as the teacher and students must
both be sitting when studying (see 4:2), similarly, that is the
rule for asking and responding. That is why, in this Halakha, R
adds (from the Tosefta) - "Éfrom a high place, from a distance
or from behind the elders" - here, the emphasis is on the teacher
and student being in proximity of each other as asking and
responding are part of the shared process of inquiry and
learning.
Rema (YD 246:13) cites authorities who opine that questions must
be asked while standing. The source for this is Tosafot (Bekhorot
36a s.v. Amad) who quotes from the Talmud Yerushalmi (Nedarim
10:8). The Yerushalmi rules that not only must a litigant stand
in front of the judges, a questioner must also stand when asking
a question. Standing is an extension of the Beit-Din format;
according to the theory presented in the Yahrzeit shiur, now that
TT is further removed from *hora'ah* (halakhic instruction), we
understand why R codifies that we sit. See Shach (YD 246) who
seems to understand R in a similar fashion.
As noted below, most of the rulings in these Halakhot come from
the Tosefta (Sanhedrin 7:7); the context there is a session of
the *Beit-Din* - (court). To the extent that the Beit-din model
reflects the connection between questioners and respondents
(facing each other, not being far away) - that model is retained
in post-2nd Temple TT.
Q2: How is the phrase "one may ask the teacher..." different than
the phrase in Halakha 6: "The teacher should not be asked a
question on a subject which is different [from the one which he
is teaching]"?
YE: The first Halakha is oriented towards the appropriate way to
conduct oneself in order not to embarrass anyone and to make sure
that questions are relevant etc.; these ideas are probably
transferrable to other disciplines and situations; the second
Halakha is pointed at TT specifically. One of the Halakhot of TT
is "joint-process" - hence we all sit; another one is "focus" -
therefore, the questions must be on the topic we are studying.
Q3: Why the limit of three Halakhot?
HH (H.H.): So that other
students will have the opportunity to ask questions themselves.
YE: Also to allow the course of study to continue and not be
terminally waylaid by questions.
Rambam, Copyright (c) 1999 Project
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