Rambam
Rabbi Yitzchok Etshalom
Talmud Torah 4:8
[moderator: a word of explanation of several terms used here:
According to Rabbinic tradition, not only were we given the Torah
at Sinai, we were also given rules of inference and
interpretation. One of the most basic rules is called *Qal
vaHomer* - literally - "easy and hard". It is a logical deduction
whereby if a law applies in a less obvious case, we can infer
that it certainly applies in a more serious case. For example,
when Miriam was disgraced by God (Numbers 12) for her slander of
Moshe, she was sent out of the camp for 7 days. God said to
Moshe, "If her father had spit in her face, she would be shamed
for 7 days." from which we can easily infer that if 7 days is the
"shame period" for being disgraced by her father, Qal vaHomer
that she should be [at least] shamed for seven days if disgraced
by God. The second rule mentioned in the following Halakha is
called "Gezera Shava" - analogy by common term. When the Torah
uses a similar (usually uncommon) term or phrase in two places,
it demonstrates a connection, such that information about one
case may be applied to the analogue. For example, We are told to
"Remember" (*zakhor*) what Amaleq did to us when we left Egypt
(Deuteronomy 25) and we are told to "Remember" (*nizkarim*) the
Purim story (Esther 9). Since we already know that remembering
Amaleq must take place by reading from a scroll, we apply that
reasoning to the Megilla and must read the Purim story from a
scroll (BT Megilla 17).]
8. If two people asked questions simultaneously [then the
following applies]: *If one of them asked a question relevant to
the topic and the other didn't, priority is given to the relevant
question. *[If one of them is] a practical matter and the other
isn't, priority is given to the practical question. *[If one of
them is a question of] Halakha (law) and the other one *Midrash*
(exegesis - scriptural interpretation), priority is given to
Halakha. *[If one of them is a question of] Midrash and the other
one *Aggadah* (legends), priority is given to Midrash. *[If one
of them is a question oÇf] Aggadah and the other one Qal vaHomer,
priority is given to Qal vaHomer. *[If one of them is a question
of] Qal vaHomer and the other one Gezera Shava, priority is given
to Qal vaHomer. If of the two questioners, one was a sage and the
other a student, priority is given to the sage. If one was a
student and the other a commoner, priority is given to the
student. If both of them were sages, both students or both
commoners, or if they asked about two Halakhot or two responses
or two practical questions, from this point on, the spokesman has
the option [of giving precedence wherever he desires.]
Q1: What is the meaning of this priority system (within types of
questions)?
HH: Time allocation.
YE: This priority system reflects a valuation within the *Beit
Midrash* session: a) Relevance b) Pragmatism c) Legalism d)
Exegesis e) Logic f) Exhortation/inspiration
This doesn't necessarily mean that this priority system applies
to all opportunities for learning; however, within the structured
session of the Beit Midrash, in order to preserve educational
continuity and to respond to the most urgent questions which
arise, this hierarchy is applied.
Q2: Again, what is the meaning of the priority system (within
types of questioners)?
YE: Two possibilities: a) utilitarian: We assume that the sharper
question will come from the sage and that, perhaps, the other
questioners will hear the answers to their questions within that
answer. We would not assume the opposite, that the answers to
the commoner's question would answer the sage's question.
b) educative: By recognizing the sage first, we promote the sage
in the eyes of the students and commoners and they wish to
emulate him. In addition, the message that "questions are not a
sign of ignorance, rather a sign of wisdom and curiosity" gets
across best by attending to the questions of the sage.
Q3: When it is a toss-up, why is the decision given to the
*meturgeman* and not to the teacher? [for the interested Haver:
much of the material in these three Halakhot comes from Tosefta
Sanhedrin, 7:7 - look there carefully and note the context. This
will be discussed in the answers, God willing.]
HH: So that the students will not think that the teacher prefers
one student over the other. Such a sentiment would strain the
student-teacher relation.
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