Halakhah sobre Josué 1:20

In accepting Joshua's charge to perform their military duties, the tribes of Reuben and Gad declared, "Whosoever shall rebel against your command and shall not hearken unto your word in all that you shall command him shall be put to death; only be strong and of good courage" (Joshua 1:18). R. Naphtali Zevi Judah Berlin, Ha'amek She'elah, She'ilta 142:9, observes that Joshua enjoyed the status of a judge, but not of a king. Hence, he queries, on what grounds was he empowered to punish disobedience with the death penalty? Despite the comments of the Gemara, Sanhedrin 49a, which appear to define the infraction as indeed constituting lèse majesté, Ha'amek She'elah declares that the answer is to be found in the final phrase of the verse, "be strong and of good courage." Although not a monarch, Joshua was the military commander about to embark upon a military campaign for the conquest of the Promised Land. A military leader must be courageous and confident. Those qualities depend, in part, upon a sense of authority and assurance that orders will be carried out without demur. Disobedience and breach of discipline, even if they do not directly affect military operations, are bound to have a demoralizing effect upon the leader responsible for waging war and will diminish his courage and determination. Any challenge to his authority is likely to weaken his self-confidence. That, in turn, would have a disastrous effect upon the course of the armed conflict and result in avoidable loss of life. Hence, argues Ha'amek She'elah, any person defying Joshua would, in effect, have been an aggressor (rodef) whose disobedience would have endangered the entire nation. Sanctions imposed upon the miscreant were designed to restore Joshua's courage and confidence by eliminating any challenge to his authority.

In order to resolve the apparent contradiction between Sukkah 42a and Kiddushin 29a and in order to explain Rema's ruling it may be postulated that there exist two separate and distinct mizvot with regard to teaching Torah to one's children. "And you shall teach them to your children" quite obviously constitutes a biblical command. Rambam, Hilkhot Talmud Torah 1:7, and Shulḥan Arukh, Yoreh De'ah 245:6, declare that a father must teach his son the entire Written Law, including the Prophets and the Hagiographa; according to Rashi, Kiddushin 30a, the father's responsibility is limited to instruction in the Pentateuch. However, once the child has become proficient in the designated subject matter the father is relieved of all further obligation. The commandment "And you shall meditate thereon day and night" (Joshua 1:8) does indeed establish an ongoing obligation to study Torah even if the subject matter has been totally mastered, and, as recorded by Rambam, Hilkhot Talmud Torah 1:10, the verse "and lest they [the precepts] depart from your heart all the days of your life" (Deuteronomy 4:9) establishes an obligation to review the material one has already mastered since "whenever one ceases to engage in study, one forgets." Nevertheless, the subject matter in which a father must cause his son to become proficient is clearly circumscribed.

Concerning the root of study, the individual must steep himself in study and know the performance of each commandment, as it is written, “A good understanding have all they that do thereafter” (Ps. 111:10). It is not written, “All they that study,” but “They that do.” A man should not read and study and be contumacious with his father or teacher or one who is greater than he. He rather studies on the condition that he teach, observe and do, and this is study for its own sake.¹Nedarim 62a. And whoever studies the Law not for its own sake, better for him that he were not created.²Sifra, ed. Weiss, p. 110b; also Taanith 7a. And anyone who is engaged in the study of the Law and knows its commandments and does not fulfill them, woe unto him and his fortune, that he toils in this world in order to acquire Gehenna.³Yoma 72b. And more severe is his punishment than one who did not learn and did not know how to guard himself, for he understands and deliberately rebels.⁴Shabbath 116a. If an individual understands, he must let his words come forth audibly, and let his ears and eyes be free of all things, and (let him) be open-eyed when studying the Law.⁵Sifre, Deuteronomy 32:46. Where from do we know this? From Ezekiel, as it is written, “Son of man behold with thine eyes and hear with thine ears and set thy heart upon all that I shall show thee” (Ezek. 40:4). And is not the entire matter concluded a minori ad majus! If in the case of the Temple which was measured with a yardstick, God said to him to apply his heart, eyes, and ears; would it not be all the more so in the case of matters of the Law, which are as mountains hanging by a hair. One must set aside study periods for the Law each day and night to fulfill what is written: “Thou shalt meditate therein day and night”⁶Shabbath 31a. (Josh. 1:8). One who studies more and one who studies less are equal so long as the heart is directed towards heaven.⁷Berakoth 5b. And better is a little with fear of God, than the abundance of the wicked who study all the day and do not practice.

Every Jewish man must study the Torah, no matter whether he is poor or rich, whether he is healthy or suffering pain, whether he is young or very old. Even a beggar who goes from door to door must set aside a certain time for Torah study during the day and night, as it is written:²Joshua 1:8. "And you shall meditate in it day and night." If a person lacks the knowledge to study Torah or it is impossible for him [to study] because he is burdened with too many concerns, then he should support others who do engage in Torah study, and it will be considered as though he himself had studied, as our Rabbis of blessed memory, explained the verse: "Rejoice Zevulun in your going out and Yissachar in your tents."³Deuteronomy 33:18. Zevulun and Yissachar entered into a partnership; Zevulun engaged in business and supported Yissachar, so that he would be free to be engrossed in the study of Torah. Because of this, the Torah mentions Zevulun before Yissachar, since the Torah learning of Yissachar was made possible through the support of Zevulun. And so we find in the Mishnah: "Shimon the brother of Azaryah said …,"⁴Zevachim 1:2. Shimon is described as the brother of Azaryah, because Azaryah was engaged in business and provided the needs of his brother Shimon, who was engrossed in Torah study. They made an agreement between themselves, that Azaryah would have a share in Shimon's reward for [Torah] study. Even so, every person should do his utmost to study Torah, even just a little, every day and every night.

A person should be careful in whatever he studies, to pronounce the words with his lips and to make it audible to his ears, for it is written, "This book of the Torah shall not leave your mouth and you shall meditate on it…"⁶Joshua 1:8. And a person who pronounces the words even though he does not understand [their meaning], fulfills the mitzvah of "And you shall study them." Therefore, every unlearned person should say the berachah over Torah every morning before reciting the verses [Yevarechecha etc.], and also when he is called up to the Seifer Torah. Anyone who engages in Torah study but is unable to understand it for lack of knowledge, will merit to understand it in the World to Come.

That is that He commanded us to appoint a king upon us - [that] he gather all of our nation and lead us. And that is His, may He be blessed, saying, "You surely may set a king over you" (Deuteronomy 17:15). And the language of the Sifrei already preceded us (Sifrei Devarim 67:1), "Three commandments were commanded to Israel upon their entrance to the land: To appoint a king over them; to build the [Temple]; and to cut off the seed of Amalek." And the [further] language of the Sifrei (Sifrei Devarim 157:6) is, "'You surely may set a king over you' [...] - that his awe be over you." And [likewise] that we place in our hearts about him, the utmost honor, glory, praise and status of the highest magnitude which has nothing above it - until his level for us is greater than the level of one of the prophets that will be in his generation. Anytime that the commandment of the king does not contradict a commandment of the Torah, we are surely obligated to listen to his commandment. And one who transgresses his commandment and does not listen to him is surely fit - and it is permissible - for the king to kill [him] as he wishes; and as Israel said about themselves (Joshua 1:18), "Any man who flouts your commands, etc." And anyone who rebels against the monarchy can have his blood avenged by a king who was established according to the Torah. And the regulations of this commandment have already been explained in Sanhedrin and in Chapter 1 of Keritot and 7 of Sotah. (See Parashat Shoftim; Mishneh Torah, Kings and Wars 1.)

And also from the content of the commandment is that which they, may their memory be blessed, said (Kiddushin 30a), "To what extent is a man obligated to teach his son Torah? Rav Yehuda says that Shmuel said, '[Like], for example, Zevulun ben Dan.'" The understanding of [this is that there was] a man in their generation whose name was Zevulun ben Dan, whose father’s father taught him Scripture, Mishnah, Talmud, laws, and homiles (aggadot). And they challenged what they challenged about this in the Gemara, and the resolution was that the obligation is to teach him Scripture - which is Torah - like the father's father of Zevulun did, and even though the father's father of Zevulun ben Dan taught him more. And one who adds upon the obligation of the commandment, like the father's father of Zevulun ben Dan, brings a blessing upon himself. And one who was not taught by his fathers who are obligated in this - such as his father and his father's father - is obligated to teach himself when he is an adult and recognizes the thing, as it is stated (Deuteronomy 5:1), "and study them and do them." And if [both] the father and the son needed to study, and the father does not have [enough] in his hand that they can both study, he always [comes] before his son. But if his son is more understanding than he and his [son's] studies are more [effective], his son precedes him. And until when is every man obligated to study Torah? Until the day of his death, as it is stated (Deuteronomy 4:9), "and lest they be diverted from your heart, all of the days of your life" (Mishneh Torah, Laws of Torah Study 1:10). And the Sages emphasized the matter more by way of ethics and to teach people desire [for it] and said (Shabbat 83b) that even at the time of death, a man is obligated to study Torah, as it is stated (Numbers 19:14), "This is the law of the Torah, when a man dies in a tent." And everyone in Israel is obligated about the study of Torah (Yoma 35b) - whether poor or rich, whether healthy or one with afflictions. And they, may their memory be blessed, already said (Eruvin 54a) that all of the limbs are healed by involvement in Torah. And even a poor person that goes around to [other people's] doors, and even a married man with children - everyone - is obligated to set time for Torah [study] during the day and during the night, as it is stated (Joshua 1:8), "and you shall meditate about it day and night."

2. At Shacharit, we take out three Torah scrolls. From the first, we read from "And this is the blessing" [Deuteronomy 33:1] until the end of the Torah. From the second, we read "In the beginning" [Genesis 1:1] until "that God made" [2:3]. In the third we read "On Shmini Atzeret" [Numbers 29:35]. The haftarah is "And after Moses died" [Joshua 1:1]. In places where they do two days of Yom Tov, they only take two Torah scrolls out on the first day, reading five sections from Re'eh from the first from "every firstborn" [Deuteronomy 15:1]. If it is Shabbat, they read seven and start at "You should tithe" [14:22]. The maftir reads from the second Torah "On Shmini Atzeret." The haftarah is from Kings, "When Solomon finished..." [Kings I 8:1]. The Torah scrolls are returned. We say Kaddish and then announce [the addition of] "who makes the wind blow and the rain fall."

The Order of Simchat Torah: In places where they do two days of Yom Tov, Kiddush on the ninth night includes Shehecheyanu. The next day, we take out three Torah scrolls. From the first, we read "And this is the blessing" [Deuteronomy 33:1] until the end of the Torah. From the second, we read from "In the beginning" [Genesis 1:1] until "that God made" [2:3]. From the third, the maftir reads the same as the previous day. The haftarah is "After Moses died" [Joshua 1:1]. Rem"a: The last day of Yom Tov is called "Simchat Torah" because we rejoice on it, making a festive meal in honor of the finishing of the Torah. It is customary for the person who finishes the Torah and the one who starts Genesis to make a donation and invite everybody to a party (Tur). It is customary in these countries to take all of the Torahs out of the Ark on Simchat Torah at night and in the morning and to sing songs and praises. Every place should follow its customs. It is also the custom to circle the synagogue's Bimah with the Torah scrolls just like we circle with the lulav. This is all done out of joy. It is also the custom to have many readers from the Torah. We read the same section many times, and this is not forbidden (Minhagim, Rivas"h 84). It is also the custom to call up all of the children to the Torah and to read "the angel who has redeemed me..." [Genesis 48:6]. In the evening, we read the special sections from the Torah that are normally auctioned off, every place according to its custom. It is also the custom that even a child can finish off the Torah, even though there are those who say that specifically a scholar should finish it (Mordechai's small notes). Nowadays when the chazzan does the actual reading, there is no issue (his own opinion). In a place with only two Torah scrolls, we read "And this is the blessing" from the first, "In the beginning" from the second, and then we go back and reuse the first for the section associated with the day. This is done whenever three Torahs are needed but there are only two (found written somewhere).