Halakha Amsal 7:26: Mishneh Torah, Torah Study, Shulchan Arukh, Choshen Mishpat & Shulchan Arukh, Yoreh De'ah

A student who did not attain judicial rank but renders decisions behold him, he is a wicked, arrogant fool, of whom it is said: "For she hath cast down many wounded" (Prov. 7.26). Likewise a sage who attained judicial rank but does not render decisions, behold him, he is withholding the Torah, and distributes obstacles in the path of the blind, concerning whom it is said: "Yea, many strong men have been slain by her" (Ibid.). Those petty students who have not increased their knowledge of the Torah as they should and yet are seeking to appear great before the ignorant, and among their towns-people, jumping forward to occupy a front seat to judge and instruct among Israel, are the ones who multiply strife, and the ones who destroy the world, who extinguish the light of the Torah, and despoil the vineyard of the Lord of Hosts, concerning whom Solomon in his wisdom said: "Take us the foxes, the little foxes, that spoil the vineyards". (Song of Songs, 2.15.).⁴Abodah Zarah, 22b; Sotah, 19a.

The custom of the former Judges was to shun being appointed to office and they would restrain themselves exceedingly not to sit in judgment²⁵Yad, Sanhedrin III, 10. Derived from San. 14a: ‘R. Zera was on his guard not to be ordained, because R. Eleazar had stated: Remain always obscure (i.e., without office) and live. But when he later heard another saying of R. Eleazar, viz., One does not attain greatness until all his sins are forgiven (i.e., the greatness of holding office improves one’s moral personality), he was ready to become reconciled (to the idea).’ Y. Bik. III, 3(65c-d) bot.: ‘R. Ze‘ira, when they wanted to ordain him, did not want to accept (this office) upon himself. But when he heard that which was taught in a Baraitha, viz., that regarding a scholar, groom and a Nasi, greatness forgives (all sins), he accepted the appointment.’ until they knew that there was no other [authority] available there as competent as they²⁶Heb. כמותם. Thus Yad ibid. Caro, however, has כמוהו ‘as he.’ Derived from Ber. 63a: ‘Where there is no man, then you should be a man (to spread the teachings of the Torah). Abaye said : From this you may infer that there is a man, then you should not be a man. This is self-evident? — This was required to be stated where both are equal (i.e., where there is another person who equals you in learning do not strive to attain office).’ , infra n. 28 end. and if they were to desist from [giving decisions] in the law, the natural order [of justice] would become upset.²⁷A.Z. 19b: ‘R. Abba said on the authority of R. Huna, in the name of Rab, What is the meaning of the verse, For she hath cast down many wounded? (Prov. VII, 26) — This refers to a disciple who has not attained the age of ordination (the original הפילה is connected here with נפל non-viable birth) and yet, renders decisions; yea, a mighty host are her slain (ibid.), refers to a disciple who has attained the age of ordination, but avoids giving decisions,’ (the original עצומים is taken here as ‘those who refrain from rendering decisions,’ as עוצם עינין) -‘he shuts his eyes’ found in Is. XXXIII, 15). And what is the permissible age? — Forty years. But did not Rabbah render decisions? (although he died at the age of forty. , R.H. 18b. Cf. however, Halevy, Doroth II, 438 seq.; Funk, Die Juden in Babylonien II, n. 1) — There we deal with a case of equals (i.e., there was none greater than he available).’ Hence, if he surpasses all the others in learning he must accept the appointment. Otherwise, the natural order of justice is upset. Cf. supra § 7, n. 14. Yet, they would not sit in judgment until the people and the elders are urged to put pressure upon them and entreat them [to accept].²⁸Hor. 10a-b: ‘. . Rather be astonished at two disciples you (R. Gamaliel) have on land, R. Eleazar Ḥisma and R. Joḥanan b. Gudgada who can calculate how many drops there are in the sea and have neither bread to eat nor clothes to wear. He (R. Gamaliel) decided to appoint them as overseers (in order for them to make a living) … he sent for them but they did not come. He then sent sent for them again and when they arrived he said to them, Do you think that I give you rulership? It is rather servitude that I give you, as it is said And they spoke to him saying : If thou wilt be a servant unto this people this day (I Kings XII, 7, spoken by the old advisers to Rehoboam who was King of Judah and Israel).’ Cf. I Sam. X, 22. It follows that there must have been no others available for the office and yet, at first they refused to come. As to the passage in A.Z. ibid. (v. previous note) regarding a disciple who has attained the age of ordination, but avoids giving decisions to whom is applied the verse, yea, a mighty host are her slain, it refers to one who even after having been strongly urged to accept the office, still refuses, Or, it is possible that in A.Z. ibid., we deal with a case of a scholar who is unsurpassed in learning by anyone in his generation (v. Tur and Caro infra § 10, 3 and note the expression ‘and the generation has need of him’), but the present ruling treats of one who is superior in learning to all the scholars of that particular locality. However, elsewhere there are others who are available (note the expression used here ‘there was no other authority available there’) — M.E. , Sot. 22b, Tosaf. s.v. בשוין.

For she hath cast down many wounded,'⁸Prov. VII, 26. refers to a scholar who has not attained [the age of] ordination, and [yet,] renders decisions; 'Yea, a mighty host are her slain,'⁸Prov. VII, 26. refers to one who has attained [the age of] ordination, but avoids giving decisions,⁹A.Z. 19b. provided [his] generation has need of him.¹⁰Yad, Sanhedrin XX, 8; Tur. Derived from Ber. 63a. However, if he knew that there is [another scholar available] there [who is] fit to render decisions, and [on account of this] he refrains from giving decisions, he is considered praiseworthy.¹¹For this entire ruling v. supra § 8, 3, nn. 26-28. Whosoever refrains from [trying] a lawsuit avoids enmity and robbery and a vain oath.¹²Aboth IV, 7. This is applicable even if the generation has need of him, for even if the law is quite clear, the Judge should endeavour to arbitrate the case — M.E.