Siman 243

Talmidei chakamim are exempt from tax. Our sages, of blessed memory, derived this (Bava Batra 8a) from several verses: from the verse "Even though He loves the nations, all His holy ones are in Your hand," and from the verse in Hoshea "Even though they have bargained among the nations, now I will gather them, and they shall begin to diminish from the burden etc.," and from the verse in Ezra "It shall not be lawful to impose tribute, custom, or toll upon them." See there. There is one who wished to say that this applies specifically when the tax was imposed generally upon all the people of the city. But when it was imposed upon each individual – he is obligated (Ran and Nimukei Yosef). However, the Rosh and the Tur brought in the name of the early authorities that even in such a case – the people of the city are obligated to pay on their behalf. And so our teachers, the authors of the Shulchan Aruch, ruled in section 2 (Shulchan Aruch Yoreh Deah 243:2) see there, whether regarding fixed taxes or those that are not fixed. And even if they said that each one should pay his portion – nevertheless they are obligated to pay on his behalf. And if they decreed upon him that he should give – it is nothing, and on the contrary, he can decree upon them. And there is no difference between a poor or wealthy talmid chakam, for he is not exempt because of his poverty but rather because of his Torah. And so instructed the Rif, and his student the Ri Migash, and the Rambam, of blessed memory. And what is called a "talmid chakam" regarding this matter will be explained in section 4, see there. And in Choshen Mishpat siman 163 it was explained that there are places where they practice that even the chazzan of the beit knesset is exempt from taxes, and all those who occupy themselves with the needs of mitzvot. However, according to the law, only a talmid chakam is exempt.

And regarding all the needs of the city, in matters that are life necessities, such as digging pits for drinking and for laundering and the like—the talmid chacham is obligated to give his portion as well, like every person. But in matters that are for the guarding of the city—he is exempt, for his Torah guards him, as I wrote in Choshen Mishpat there. And even in matters that are human necessities—this is when the people of the city do not perform the labor themselves, but rather give money and hire workers to dig and to build and the like. But if their conduct has always been to perform the labor themselves, and the talmid chacham—it is impossible for him to perform labor even if he wants to perform it, for it is forbidden for him to demean his Torah before the am ha'aretz. Therefore, it follows that they are entirely exempt even from giving money, since the people of the city did not impose an obligation of money but only of labor, and labor is impossible. Therefore, if at first they performed it themselves, and afterward they decided to give money and hire workers—the talmidei chachamim are obligated to give their portion. And it appears to me that the same law applies in reverse: if at first they gave money and hired workers—they are obligated to give money because the obligation fell upon them. And even though the people of the city exchanged this for their own labor, nevertheless, the talmidei chachamim who are unable to perform it themselves shall give money for their portion as at first. (And that case of the crown tax there in Bava Batra where the amei ha'aretz fled—they did not do so according to the law, and Rabbi did not have the power to prevent them. So wrote the Shach in small subsection 3 in the name of the Ramban. And what he wrote in small subsection 4—I do not understand. For what is the connection to customs tax? See there. Examine it and you will find it simple.)

And so too, a talmid chacham who has merchandise to sell – the custom in the time of the Shas was that they would "hold the market" for him, meaning: they would not allow any person to sell this merchandise until he sold his merchandise, so that he would not be significantly distracted from his study. And specifically when there was no non-Jew selling this merchandise, for if not so, what benefit is there that we cause a loss to all of Israel, since they are selling, and it is impossible that the talmid chacham will be redeemed alone; consequently, they allow everyone to sell. And this has already been explained in Choshen Mishpat siman 156 section 8, see there. And now it is understood that it is not in our power to do so, unless it is done according to the law of the land.

And what is called a "talmid chakam" regarding these matters? One whose Torah is his primary occupation. But if his Torah is not his primary occupation—he is liable for taxes, and he does not have all the laws that have been explained. However, if he has a small craft or a small amount of business, not to become wealthy but to support himself, his wife, and his offspring appropriately, and whenever he is free from his business he does not walk in the streets and marketplaces, and also for the majority of the day he occupies himself with study—he is also called a "talmid chakam." On the contrary, this is the primary path of the Torah, as their statement of blessed memory: Make your Torah fixed and your work temporary. And a man such as this, even though he is wealthy—is exempt from all the things that have been explained. However, it is rare to find such a person even in the generations before us, and the vast majority of the craftsman and the merchant—are immersed all day in their craft and their commerce, and would that they would fix times for Torah. Therefore, there are places where these laws are practiced only regarding those who do not occupy themselves at all with worldly needs, such as when his wife supports him or others support them, or he is a Rav or a Moreh Tzedek or a Dayan or a Maggid Meisharim whose livelihood is from the community (see Shach, subsection 7). And it is a simple matter that a talmid chakam who does not have fear of Heaven and treats mitzvot with contempt—behold, he is like the least of the community, and it is forbidden to honor him at all.

Our teacher, the Rema, wrote in section 2 (Shulchan Aruch Yoreh Deah 243:2) that there is no difference regarding a talmid chacham whether he heads a yeshiva or not, provided that he is established as a talmid chacham in his generation, who knows how to engage in the give-and-take of the Torah, and understands from his own intellect in most places of the Talmud and its commentaries, and in the rulings of the Geonim, and his Torah is his profession in the manner that has been explained. And even though in our generation now there is no chacham for the matter of giving him a litra of gold if one shames him, nevertheless, for the matter of exempting him from tax we are not exacting in this, provided only that he be established as a talmid chacham as has been explained. And nevertheless, there are places where they were accustomed to exempt a talmid chacham from tax, and there are places where they were accustomed not to exempt them. Thus far his words. And the reason for the places that were accustomed not to exempt them is explained from what I wrote in the previous section. And even in those places, those talmidei chachamim whose entire occupation is in the study of the Torah, such as a Rav and the like, or that others support him or his wife and he sits and studies all day and all night—it is obvious that even there they exempt such people from taxes and arnona.

In Hoshen Mishpat siman 15, it has been explained that a talmid hacham who has a case with another and stands before the dayan, and there are others standing for judgment who preceded him, nevertheless, they prioritize the case of the talmid hacham and seat him. And even though the litigant must stand, nevertheless, the positive commandment of the honor of the Torah is superior. And it was explained there in siman 17, and there are in these matters several detailed laws and they were explained there. And it is a great sin to disparage a talmid hacham and to hate him. And anyone who disparages the sages – has no portion in the World to Come, and he is included in "for he has despised the word of Hashem" (Sanhedrin 99b). And Jerusalem was not destroyed until they disparaged the talmid hacham, as it is said: "And they mocked the messengers of G-d" (Shabbat 119b). And likewise, it is forbidden to employ any service from a talmid hacham, as we learned in the Mishnah in Avot: and he who makes use of the crown passes away. And our sages, of blessed memory, explained in Megillah (Megillah 28b): this is one who makes use of one who studies halachot, meaning: Mishnayot. And all the more so one who studies Gemara. And if there is a necessity for this, one should make use more of one who studies halachot than make use of one who studies Gemara. And it appears to me that if the talmid hacham needs this service, for his benefit or for his livelihood – it is permitted, for if not so, then harm would reach him on account of his Torah, and it is not proper. And just as it is forbidden to shame a talmid hacham, so too one must not shame the heads and appointees of the city (Shach Hoshen Mishpat end of siman 420). And likewise, all those who occupy themselves with mitzvot and with appointments for a mitzvah – their law is like talmidei hachamim regarding this matter, as we explained there in section 54, see there. And behold, it is forbidden to shame even any son of Israel, and all the more so these.

One who disparages a talmid chacham, and there are witnesses to this that he disparaged him, whether in his presence or not in his presence—he was liable for nidui in ancient times (and now it is forbidden to place under nidui by the law of the kingdom). And they do not release him until he appeases the chacham for whose sake they placed him under nidui. And likewise, if he disparaged the chacham after his death, they would do so, and they release him once he returns in repentance. And it appears to me that he must go to his grave with ten men and ask for forgiveness; and if his burial is in a distant place, he should send a messenger or write there so that they may ask for forgiveness on his behalf. For this is no less than one who speaks evil of those who dwell in the dust, where one must do so, as I have written in Choshen Mishpat siman 420, see there. And know that regarding that which has been explained, that they do not release him until the chacham is appeased—certainly if the chacham agrees to release him, they release him, whether he pacified him or did not pacify him. However, if he does not agree, he is obligated to ask forgiveness from him in public three times. And afterwards they release him even if the chacham does not agree (Shach subsection 13).

According to the law of the Gemara (Moed Katan 16a), the scholar himself may do this for his honor regarding an am ha'aretz who acted lawlessly against him, and he requires neither testimony nor a warning. And they do not release it for him until he satisfies the scholar, as I wrote in the previous section. And if the scholar died—three people come and release it for him. And if the scholar wishes to forgive him, and not to enact the stated law upon him—the authority is in his hand. And even though the scholar has authority to do so for his honor, it is not the praise of a talmid chakham that he should conduct himself in this manner. In what case are these words said? When they insulted him in private. But if they insulted him in public—it is forbidden to forgive his honor until he requests forgiveness from him and he pardons him. And regarding such a case they said: Any talmid chakham who does not avenge and bear a grudge like a snake—is not a talmid chakham; when he does not act for his honor, but for the honor of the Torah alone. Our teacher, the Rema, wrote in section 8 (Shulchan Arukh Yoreh Deah 243:8) that there are those who say that in this time a talmid chakham does not have authority to do so for his honor, to enact the law for himself, unless others do so. And there are those who disagree. Provided that he is established and fit for this. Thus far his words. Furthermore: when his intention is only for the sake of Heaven for the honor of the Torah alone.

It is stated in the Yerushalmi (Bava Kamma chapter eight, halacha 6) that one who shames a talmid chakham—they fine him a litra of gold. The Rambam wrote in the third chapter of Chovel, law 6, that they collect this fine in every place, whether in the Land or outside of the Land, and such were the incidents among us in Spain. And there are talmidei chakhamim who would forgo this, and thus is fitting for them, etc. Thus far his words. Also in the sixth chapter of Talmud Torah, he brought this law, see there. And so wrote the Tur. And this is regarding a great talmid chakham, who conducts himself properly, and everyone honors him for his Torah and his fear [of Heaven], and they rise before him, as the Rashba wrote in a response (see Beit Yosef). Our teacher, the Rema, wrote in section 7 that the law of a talmid chakham does not apply in this time regarding giving him a litra of gold when they shame him. Nevertheless, the beit din shall fine according to the shamer and the shamed. Provided that the chakham does not initiate the quarrel, to disparage people unlawfully, and thereby cause them to disparage him and defy him. Nevertheless, even if the chakham initiated slightly—no person has permission to act insolently against him, to answer him with boldness. And everything is according to the sight of the judges. Thus far his words. And now one must be exceedingly careful, both the talmidei chakhamim and the masses, because of the desecration of the Name.