A Talmidah Chachamah
‘If He Is A Scholar, He Is Not Sworn’
(Shevuos 41a)
Our Sages interpreted the verse “Rise before old age and honor the appearance of an old man” (Vayikra 19:32) as meaning that we should rise before the elderly and a person (even if young) who has acquired wisdom (“zakein” – zeh shekanah chochmah). Regarding rising before an elderly woman, Sefer Chassidim (578) states: “Rise before old age…even before an elderly woman.”
Rabbi Wosner, in his Shevet Halevi (5:130 and 10:114), mentions that although other authorities disagree (see Bris Olam on Sefer Chassidim, ibid., and Responsa Halachos Ketanos 1:154), we should honor elderly women out of doubt since the mitzvah is biblical.
Chidushei Sefas Emes on Yoreh Deah, referencing Chidushei HaRim 244:8, states that it is not fitting for a man to rise before a woman unless she is extremely old.
Rising Before A Chaver’s Wife
Our Gemara (supra 30b) teaches us that “the wife of a chaver [talmid chacham] is like a chaver.” Therefore, we must honor her due to the honor owed her husband. The Gemara relates that Rav Nachman rose before Rav Huna’s wife when she came to his beis din, but did it in such a way that it didn’t appear as if he were giving her preferential treatment.
Rishonim express different opinions as whether this imperative is biblical or only rabbinic (see Ramban, Rashba, Ritva, Rosh and Ran on 30b, and Responsa She’elas Ya’vetz 2:135). Some explain that it is only pious practice (middas chassidus – Knesses Hagedolah, Yoreh Deah 244). At any rate, according to all opinions, we must rise before a chaver’s wife and honor her.
A Matter Of Incumbency
But we still have to clarify how we should behave with a learned woman who is not the wife of a talmid chacham. Is a learned woman considered a talmidah chachamah even though she has no obligation to study Torah?
The Minchas Chinuch (mitzvah 257) writes that a learned woman does not have the status of a talmid chacham as “a chacham is only someone who was commanded to study and acquired wisdom.” Therefore, there is no need to rise in her honor. The Ari, z”l, concurs (cited in Ben Ish Chai, parshas Ki Tisa, 16).
Studying Her Laws
On the other hand, many poskim, including Mahari Ayash and the author of Responsa Beis Yehudah (Yoreh Deah 28) believe that since women are commanded to study the halachos pertinent to them (Beis Yosef, Orach Chayim 47:14, in the name of the Agur), a learned woman acquires the status of “chacham” and should be honored accordingly.
The Unused Argument
The Sedei Chemed (1, p. 116, os 59) cites a perceptive proof from our sugya in the name of the “rosh yeshiva from Dvinsk” that there is no obligation to honor a talmidah chachamah. Our Gemara explains that a person claiming to have paid a promissory note presented by another may demand that the latter to swear that the loan was not repaid.
The Gemara asks, “What is the difference between this situation and that of someone who devalues (pogeim) his promissory note?” In other words, a mishnah in Kesubos 87a rules that a divorced woman wanting to collect her kesubah when the kesubah has a pegam (she admits that it was partially paid) can only collect the residual with an oath. This ruling implies that a borrower can make a lender swear only if the promissory note has a defect. Why, then, does our sugya state that any borrower may demand that the lender swear (even if the note has no defect)?
Now, our sugya also states that if the lender is a talmid chacham, we don’t make him swear since if we did, we would be implying that he might be lying, which is not respectful. With this rule in mind, the Gemara could have answered its question by stating that any borrower may force his lender to swear and the reason the mishnah in Kesubos states that swearing is necessary only if the kesubah has a defect is because she is a talmidah chachamah and we don’t wish to make her swear unless necessary!
The Gemara, however, does not give this answer. We must conclude, asserts the Sedei Chemed, that a woman does not have the status of a talmid chacham.
A Woman Who Is A ‘Master Of Good Deeds’
Despite the above, the Minchas Chinuch (ibid.) writes that since, aside from honoring the elderly and talmidei chachamim, we must honor someone who is a “master of good deeds” (Shabbos 31b, Kiddushin 33b; Shulchan Aruch, Yoreh Deah 244:12; and Taz, s.k. 6), there is is an obligation to honor a pious woman who is careful with her deeds and worthy of that title.
