Question: What are the guidelines that a working person should follow when designating a time to learn every day?
Short Answer: A working person should ideally set a time in the morning and evening – some say the same time each day – to learn without interruption. There is a dispute as to the required length of this set time and whether it may be made up the following day if the person misses one day.
Explanation:
I. The Problem
The Gemara (Shabbos 31a) details that, after 120, a person will be asked whether he designated a set time each day to learn Torah. The Shulchan Aruch (Yoreh Dei’ah 246:1) holds that you must – at a minimum (see Article #1) – designate time to learn Torah during the day and during the night. The Rama adds that if it is sh’as ha’d’chak, one may be yotzei with k’rias Sh’ma.
But how should one designate his time to learn? What time? How long? Can one make up the time if he misess a day? Is it for everyone?
II. When?
The Mishnah B’rurah (Biur Halachah, beg. of Orach Chayim 155) notes that a person’s k’vias itim (“KI”) should be two times a day, once in the morning (after Shacharis), and once at night (between Minchah and Maariv). The Mishnah B’rurah supports this idea from the language of the Shulchan Aruch in Yoreh Dei’ah (above), as well as the Gemara (B’rachos 4a), that a person returns from the field in the evening and goes to shul to daven and learn. The Mishnah B’rurah further chastises those who forsake these daily sessions of Torah.
The Riv’vos Efraim (5:530) shares an interesting thought, based on the Rambam (Hilchos Talmud Torah 1:8) who has slightly different language from the Shulchan Aruch. The Rambam writes that all are obligated to learn “AND” one is obligated to be KI. This implies that there are two aspects: (i) learning Torah, and (ii) setting a specific time to learn in the day and night. One who switches these times on a daily basis, even if he learns daily, has only fulfilled the first aspect. This author adds that, according to the Riv’vos Efraim, the Shulchan Aruch, who does not have the word “and,” implies that the KI may be done at different times each day.
The sefer Darkah Shel Torah (Rav Uri Teiger, Shaar HaTziyon, 246, n. 78) questions the diyuk of the Riv’vos Efraim (although he mistakenly thinks the Riv’vos Efraim is discussing the Shulchan Aruch as opposed to the Rambam). He writes that the extra “vav” is not dispositive, but that it rather is necessary to have a “vav” so that one mistakenly does not think that one must learn all day to fulfill limud haTorah.
However, the P’sakim U’T’shuvos (Yoreh Dei’ah 246:5, n.63) cites the Kaf HaChayim and the Chida as holding that one should designate the same set time each day to satisfy KI.
III. How Long?
How long must the KI last each day?
The P’sakim U’T’shuvos (Yoreh Dei’ah 246:5) cites the Kaf HaChayim and others who hold that there is no set amount of time. The key is to be KI, without a set time.
Maaseh Rav (60), however, cites the Vilna Gaon as holding that the KI should be a minimum of three hours each day. A similar amount of time is implied by the poskim (see Mishnah B’rurah, Orach Chayim 155:3) when they discuss what a “baal ha’bayis” should learn during his three hours a day of learning.
Others, including the Lev Eliyahu and the Pri M’gadim (as cited in Simchas HaTorah Journal, 5773, p. 196) hold one or two hours a day.
IV. Making Up Lost Time
What about if a person cannot be KI on a specific date? Must he make up the lost time by learning extra on a different day?
The Shulchan Aruch (Orach Chayim 238:2) writes that if a person is busy during the day, he must make up his learning at night. The Pri M’gadim (Orach Chayim 238:2, E”A) holds that you may not make it up the next day, as the next day has its own obligation. The Pischei T’shuvah (Yoreh Dei’ah 246:1) disagrees and cites Acharonim that you must make up the learning the next day BEFORE you begin that day’s obligation. The Darkah Shel Torah (ibid, n.95) cites the Aderes Tiferes who wonders whether, according to the Pischei Teshuvah, you may make it up the next day when you intentionally do not learn one day.
Regardless, the Mishnah B’rurah (Orach Chayim 238:4) codifies the Pri M’gadim, that you may not make it up – in any situation – the next day.
V. The Guy Who Can’t Learn
Is KI an obligation for everyone?
The Rama (Orach Chayim 155:1) writes that if a person cannot understand his learning, he should at least go sit in the beis midrash after davening and observe. The Mishnah B’rurah (ibid, 6) elaborates that he might understand some halachah and agadah, which is sufficient for someone of his capabilities.
The Yaavetz (Siddur, Limud Achar T’filah 8), as cited in P’sakim U’T’shuvos (ibid, n. 48), appears to disagree. He holds that it is better for a true am ha’aretz to go out and work and support talmidei chachamim instead of being KI. If he comes and learns, he will mock Chazal and talmidei chachamim and not really understand anything. He must still, however, recite k’rias Sh’ma to fulfill the basic obligation of Talmud Torah. The P’sakim U’T’shuvos further cites the Beis Yitzchak, who held that a true am ha’aretz is patur from the obligation to know clearly all of the Torah.
The P’sakim U’T’shuvos concludes that he is unsure whether we have such an am ha’aretz nowadays.
Regardless, the sefer Ben Aliyah B’Olam HaParnasah (p. 303-304) cites Rav Avigdor Miller zt”l, who told of a person who used to fall asleep every night in Rav Miller’s shiur because he worked very hard at his job during the day. Rav Miller told him to continue coming, even if he fell asleep, so he will become accustomed to coming. Eventually, he won’t be too tired, and he will then benefit. And that is what happened: The man eventually retired and sat and learned full-time in Eretz Yisrael.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
