[Avodah] Talmid Torah

[Dr. Josh Backon]

>Yes, but the Shulchan Aruch poskens in Yoreh Deah siman 361 si'if 1
>(regarding a meis) and Even HaEzer siman 65 si'f 4 (regarding a kala)
>like the braisa in kesubos 17a that we are mevatel talmud torah l'hotzei
>es hameis  v'lhakenses hakala.  {BTW note the Shach's comment there in
>Yoreh Deah, perush chova lvatel v'ken haskimu haposkim].

The question is are we mevatel TT for kevurat ha'meit. The general 
rule is, "yes";
however, there are a number of exeptions.

Note the Beit Shmuel who indicates "afilu mi she'torato umnato". However, the
Korban Netanel (who lived 70 years later than the Beit Shmuel) on the 
ROSH in Ketuvot
re: are we mevatel TT for kevurat ma'meit, exempts one who is "torato 
um'nato". Ditto the ROSH
there for one who is "tani v'kari", the ROSH in Eilo Megalchin on one 
who teaches "tinokot
shel beit rabban", and of course the RAN who deems it "reshut b'alma".





>So, what do you do with this Yerushalmi?  Either you say that there is a
>contradiction between the Bavli and the Yerushalmi and we pasken like
>the Bavli (but that seems somewhat difficult when you see that the
>Shulchan Aruch also brings the language of the Rambam regarding talmud
>torah to be mevatel only if there is not somebody else available to do
>the mitzvah.)
>
>Alternatively a solution seems to be implicitly suggested by Tosphos
>there on Kesubos 17a.  Inter alia, Tosphos bring the halacha in moed
>katan 27b (also brought down in the Shulchan Aruch in siman 343) that if
>there is a meis in the city, all of the city are required to be mevatel
>from their work to deal with it, but if there is a special chevra (ie a
>chevra kadisha) that has been appointed to deal with any meis that may
>occur, then the townspeople need not be mevatel from their work.  And
>Tosphos there distinguishes between the general requirement to deal with
>the meis a la a chevra kadisha, and the requirement to accompany the
>meis.  So presumably you could say that the actual work of looking after
>the meis is one that one can delegate to another, while accompanying the
>meis is not, and that in the case of R' Avohu's son he was getting
>involved in the work of a chevra kadisha - work which is clearly
>delegatable, as even the ordinary workers are allowed to delegate.

See also the Tosfot in the beginning of Megillah 3b d"h "meit mitzvah.

KT

Josh