1)
To whom was Rav Yehudah Amar Rav referring when he used the term 'B'ram Zachur Oso ha'Ish le'Tov'?
What was the problem, based on the Pasuk (in the second paragraph of the Sh'ma) "ve'Limadtem Osam es Beneichem"?
How did they initially try to get round the problem, based on the Pasuk in Yeshayah "Ki mi'Tziyon Teitzei Torah ... "?
At what age did they then send the children to learn?
1)
When Rav Yehudah Amar Rav used the 'B'ram Zachur oso ha'Ish le'Tov' he was referring to - Yehoshua ben Gamla, one of the few righteous Kohanim Gedolim in the time of the second Beis-Hamikdash, who prevented Torah from being forgotten, as we shall now see.
The problem based on the Pasuk "ve'Limadtem osam es Beneichem" (which obligates every father to teach his son Torah) was that - children who had no father thought that they were exempt from learning Torah.
Based on the Pasuk "Ki mi'Tziyon Teitzei Torah ... " they initially tried to get round the problem by setting up Rebbes for the children in Yerushalayim, where they would be sent ...
... from the age of sixteen or seventeen to study Torah.
2)
What was the snag in the initial Takanah?
How did they attempt to repair it?
What was now the problem?
What did R. Yehoshua ben Gamla finally institute?
2)
The snag in the initial Takanah was that - it was specifically the fathers of those children who had fathers who would send them to Yerushalayim to study Torah.
They tried to repair it by arranging Rebbes for the children in every state.
The problem with that was that - whenever a Rebbe became angry with his Talmid, the latter would leave and go back home.
R. Yehoshua ben Gamla finally instituted Rebbes in every state and in every city, to whom they would send the stronger children to learn from the age of six and the weaker ones from the age of seven (Tosfos).
3)
Who was Rav Shmuel bar Shilas? What was his profession?
What did Rav instruct him to do once he had accepted a child in his Cheder from the age of six?
And what did he instruct him to do with a child who ...
... misbehaved?
... could not yet read?
3)
Rav Shmuel bar Shilas was a Melamed Tinokos (a children's Rebbe).
Rav instructed him that, having accepted a child in his Cheider from the age of six he should stuff him with Torah like an ox.
In addition, he told him, if a child ...
... misbehaved, he should hit him, but only with a shoelace.
... could not yet read he should let him sit in the class, where, in the course of time, he would blend with the other Talmidim.
4)
What does the Beraisa say about someone in the Chatzer who wants to become a doctor (a Mohel), a bloodletter, a weaver or a Melamed Tinokos?
How do we reconcile this with the Tana of our Mishnah, who disallows such a claim with regard to Tinokos shel Beis Raban?
Another Beraisa forbids a partner in a Chatzer to set up various practices, among them a 'Sofer Yehudi'. What is a Sofer Yehudi?
How do we reconcile this Beraisa with our Mishnah?
4)
The Beraisa rules that if one resident of the Chatzer wants to become a Mohel, a blood-letter, a weaver or a Melamed Tinokos the other residents have the right to object.
We reconcile this with the Tana of our Mishnah, who disallows their objection with regard to Tinokos shel Beis Raban by establishing Melamed Tinokos here as a teacher of Nochri children, who are learning a profession.
Another Beraisa forbids a partner in a Chatzer to set up various practices, among them a 'Sofer Yehudi' which is a Rebbe of Tinokos shel Beis Rabban.
We reconcile this Beraisa with our Mishnah by establishing it by the town's senior Rebbe, who gives teaching courses to other Rebbes, which involves a lot of people and is noisier than children learning.
5)
Rava says that from the times of Yehoshua ben Gamla and onwards, one is not permitted to move a child from a Cheder in one town to a Cheder in another. Why not?
Under which circumstances may one move him to another Cheder?
When is even this prohibited?
It remains permitted however, when there is a Titura, but not when there is a Gamla. What is ...
... a Titura?
... a Gamla?
5)
Rava rules that from the times of Yehoshua ben Gamla and onwards, one is not permitted to move a child from a Cheider in one town to a Cheider in another - because the Satan prosecutes in time of danger (and every journey involves danger, as we learn from Ya'akov, who was unwilling to send Biyamin down to Egypt for this very reason).
It is nevertheless permitted - to move him to another Cheider in the same town ...
... though even that is forbidden, if the move entails crossing a river.
It remains permitted however, if there is ...
... a Titura - a proper bridge ...
... but not when there is just a Gamla - a plank spanning the river.
6)
According to Rava, what is the maximum number of pupils per class?
What does one do if there are ...
... fifty children?
... forty children?
Who pays for the assistant?
6)
According to Rava, the maximum number of pupils per class is - twenty-five.
If there are ...
... fifty children - one divides the class into two and employs two Rebbes.
... forty children - one employs an assistant who helps the children to understand what the Rebbe said (a sort of Meturgeman).
The assistant is paid, at least partially - out of public funds.
7)
Rava also rules that one does not replace a knowledgeable Rebbe with one who knows more than him. Why not?
On what basis does Rav Dimi from Neherda'a disagree with him?
Rava also rules that a Rebbe who possesses more knowledge takes precedence over one who is more meticulous. Why is that?
And on what basis does Rav Dimi from Neherda'a disagree with Rava on this issue too?
7)
Rava also rules that one does not replace a knowledgeable Rebbe with one who knows more than him - because it will cause the latter to become complacent and teach carelessly.
Rav Dimi from Neherda'a disagrees with him - based on the principle 'Kin'as Sofrim Tarbeh Chochmah' (jealousy among Chachamim increases knowledge), causing the second Rebbe to be even more careful.
Furthermore, Rava rules that a Rebbe who possesses more knowledge takes precedence over one who is more meticulous because he says, mistakes are easily rectifiable.
Rav Dimi from Neherda'a disagrees with Rava on this issue too - because once a mistake enters, it is difficult to eradicate.
8)
Rav Dimi substantiates his point with an incident that occurred in the time of David Hamelech. What terrible mistake did Yo'av (his commander-in-chief) make during the six months that he fought with Edom (Amalek)?
To what did Yo'av attribute that mistake?
What did Yo'av's Rebbe reply when David ...
... asked him what he had taught him?
... cited the Pasuk in Yirmiyah "Arur Oseh Meleches Hash-m Remi'ah"?
David then quoted the end of the Pasuk "Arur Mone'a Charbo mi'Dam". What did he mean by that?
What happened next?
8)
Rav Dimi substantiates his point with an incident that occurred in the time of David Hamelech, when Yo'av (David's commander-in-chief) spent six months fighting with Edom (Amalek) - during which time he wiped out all the males of Amalek, but kept alive the females.
Yo'av attributed that mistake to the fact that - his Rebbe had never corrected him when, as a child, he had misread the Pasuk in Ki Seitzei "Timcheh es Zeicher Amalek" as "Timcheh es Z'char Amalek" ('Blot out the males of Amalek' instead of 'the memory of Amalek').
When David ...
... asked him what he had taught him, Yo'av's Rebbe replied - "Timcheh es Zeicher Amalek" (only Yo'av, who had initially misread the word, did not rectify his mistake.
... cited the Pasuk "Arur Oseh Meleches Hash-m Remi'ah" he replied - with a request to leave him with the curse and not to kill him.
David then quoted the end of the Pasuk "Arur Mone'a Charbo mi'Dam", by which he meant that - the very same Pasuk teaches that in such a case, one is cursed for not killing the culprit.
Some say he killed him, others say he did not.
21b----------------------------------------21b
9)
What does Rava say about a children's Rebbe, a vine-planter, a Shochet, a blood-letter and a Sofer (or a barber)? What do all of these have in common?
On what principle is this based?
9)
Rava considers a children's Rebbe, a vine planter, a Shochet, a blood-letter and a Sofer (or a barber) are warned meaning that - if any of them errs, he loses his job, even though he did not receive a specific warning in advance (as other professionals do) before they can be sacked.
This is based on the principle that - whoever errs in a way that causes an irreparable loss, does not require prior warning.
10)
What does Rav Huna say about Shimon, who wants to set up a mill next to Reuven, a miller, who lives in the same Mavoy?
The Beraisa forbids a fisherman to cast his nets within 'the space that a fish darts, from the fish'. What does 'from the fish' mean?
What distance is that, according to Rabah bar Rav Huna?
10)
Rav Huna says that if Shimon wants to set up a mill next to Reuven, a miller who lives in the same Mavoy - Reuven may stop him.
The Beraisa forbids a fisherman to cast his nets within 'the space that a fish darts, from the fish' - referring to the 'hole' from which the fish emerge and next to which the fisherman spreads his nets.
According to Rabah bar Rav Huna - the prohibition stretches for the distance of a Parsah (four Mil).
11)
Why do we cite the above Beraisa?
We reject this proof however, on the grounds that fish are different. What do we mean by that?
In a Mishnah in Bava Kama, Rebbi Yehudah forbids a store-keeper to distribute pop-corn and nuts to his customers. What do the Chachamim say?
Like which Tana did Ravina suggest to Rava, does Rav Huna hold?
Rava replied however, that even the Rabbanan may well agree with Rav Huna (that the second fisherman is encroaching on the rights of the first one. Why is that? What makes the case in Bava Kama different?
11)
We cite the above Beraisa - to substantiate Rav Huna's previous ruling (forbidding Shimon to set up a mill next to that of Reuven).
We reject this proof however, on the grounds that fish are different - inasmuch as a fisherman who has already spread his nets is so sure to catch the fish that emerge, that it is considered as if he had already caught them. Consequently, for the second man to spread his nets anywhere in that vicinity is akin to theft.
In the Mishnah in Bava Kama, whereas Rebbi Yehudah forbids a store-keeper to distribute pop-corn and nuts to his customers - the Rabbanan permit it.
Ravina suggested to Rava that Rav Huna holds - like Rebbi Yehudah, who forbids encroaching on a fellow-workers rights.
Rava replied however that even the Rabbanan may well agree with Rav Huna (that the second fisherman is encroaching on the rights of the first one) - since he was there first. And the case in Bava Kama is different - inasmuch as since both storekeepers are already operating, the one can say to his competitor that if he is distributing nuts, there is nothing to stop him from distributing almonds.
12)
How do we reconcile Rav Huna with the Beraisa which specifically permits Shimon to open a store or a bathhouse next door to Reuven's, seeing as each one is operating in his own domain?
What does the Beraisa say about the residents of a Mavoy stopping someone from opening a tailor-shop, a tanner or a Melamed-Tinokos in their Mavoy, if he is from ...
... another Mavoy?
... their own Mavoy?
What does Raban Shimon ben Gamliel say?
Like which Tana will Rav Huna now hold?
12)
We reconcile Rav Huna with the Beraisa which specifically permits Shimon to open a store or a bathhouse next door to Reuven's, seeing as each one is operating in his own domain - by citing a Machlokes Tana'im, as we shall now see.
The Beraisa rules that regarding stopping someone from opening a tailor-shop, a tanner or a Cheider in their Mavoy, if he is from ...
... another Mavoy - the residents have the right to stop him, but if he is from ...
... their own Mavoy - they do not.
Raban Shimon ben Gamliel - gives them right to stop him either way.
Rav Huna will now hold - like Raban Shimon ben Gamliel.
13)
Rav Huna b'rei de'Rav Yehoshua permits any resident of a town to stop a resident of another town from starting competition with him in his town. What does he say about stopping another resident from the same Mavoy from doing so?
In which case ...
... will he treat someone from a different town as if he was from the same town?
... is he uncertain as to whether the would-be professional has a right to open-up in competition against someone who preceded him or not?
What is the outcome of the She'eilah?
How do we reconcile Rav Huna b'rei de'Rav Yehoshua (who is lenient regarding competition in the same Mavoy) with Rav Huna (who is strict)?
13)
Rav Huna b'rei de'Rav Yehoshua permits any resident of a town to stop a resident of another town from starting competition with him in his town - but not another resident from the same Mavoy.
He ...
... will treat someone from a different town as if he was from the same town however - provided he pays taxes like the protestor does.
... is uncertain though, as to whether the would-be professional has a right to open-up in competition against someone who preceded him or not - if he is from a differeant Mavoy.
This She'eilah - remains unresolved.
Rav Huna b'rei de'Rav Yehoshua (who is lenient regarding competition in the same Mavoy) - argues with Rav Huna (who is strict).
14)
What is the reasoning behind Rav Yosef's statement, that Rav Huna's stringent ruling does not extend to a Melamed Tinokos who wishes to open up a Cheder next to an existing Cheder in the same Mavoy?
And according to Rav Nachman bar Yitzchak, in which case will Rav Huna b'rei de'Rav Yehoshua concede that the prohibition of encroaching does not apply even to people from another town?
What is the basis for this leniency?
How do we qualify this ruling?
14)
The reasoning behind Rav Yosef's statement, that Rav Huna's stringent ruling does not extend to a Melamed Tinokos who wishes to open up a Cheider next to an existing Cheider in the same Mavoy is based on the principle - 'Kin'as Sofrim Tarbeh Chochmah' (meaning that competition causes each Rebbe to try harder [as we explained earlier], to the ultimate benefit of the Talmidim.
According to Rav Nachman bar Yitzchak, Rav Huna b'rei de'Rav Yehoshua will concede that the prohibition of encroaching does not apply even to people from another town - with regard to peddlers, who sell trinkets and spices for women ...
... because, as Mar said, Ezra instituted that peddlers should travel from town to town selling these things (as we learned in Bava Kama) ...
... provided they do not set up shop.