Question: May a person under the age of 40 publish a sefer on halachah?
Short Answer: While there was a takanah in Prague a few hundred years ago not to publish, there are many leniencies to allow a talmid chacham to publish a sefer halachah nowadays.
Explanation:
I. The Source
The Gemara (Sotah 22a-b) states that a “child who has not completed his months” destroys the world. The Gemara explains that this refers to a talmid chacham who has not reached the age of issuing halachic rulings, but nevertheless issues them. The Gemara subsequently supports this idea based on a pasuk in Mishlei that refers both to (i) a talmid chacham who has not reached the age of issuing halachic rulings, but nevertheless issues them, as well as to (ii) a talmid chacham who has reached the age of issuing halachic rulings, but nevertheless does NOT issue them.
The Gemara then queries “until when” and answers “until the age of 40.” The Gemara concludes that this age of 40 is not relevant where the talmid chacham is equal to the greatest talmid chacham in the neighborhood.
II. The Question
What is the upshot of the Gemara? From what age may a talmid chacham issue halachic rulings even if he is not the greatest talmid chacham in the neighborhood?
Rashi understands the Gemara as holding that a talmid chacham may issue halachic rulings, even if he is not the greatest talmid chacham in the neighborhood, when he reaches the age of 40. Tosafos, while agreeing with Rashi for the most part, disagrees with how to calculate the 40 years. According to Tosafos, these 40 years only begin from the time the talmid chacham started learning from his rebbi.
The Rambam (Hilchos Talmud Torah 5:3-4), however, does not mention anything about 40 years, and simply rules that a talmid chacham may only issue halachic rulings when he reaches the proper stage. The Kesef Mishneh (ibid) cites the Ran, who explains that the Rambam interprets the Gemara differently from Rashi. The Rambam understands that the Gemara is teaching that a talmid chacham may not refrain from issuing halachic rulings after reaching 40. Before 40, he may refrain from issuing them, but he may also issue them if he desires. The Kesef Mishneh adds that the Rambam did not need to write anything about this “permission” to refrain before the age of 40, because the problem in his time was just the opposite – too many people were paskening at a young age.
III. The P’sak
The Shulchan Aruch (Yoreh Dei’ah 242:13) paskens like the Rambam and does not mention 40. The Shulchan Aruch, in his sefer Avkas Rachel, elaborates that there is nothing wrong at all with a talmid chacham issuing halachic rulings under the age of 40.
The Rama (Yoreh Dei’ah 242:31), however, codifies Rashi’s opinion, that a talmid chacham may not issue halachic rulings until he reaches the age of 40. As an aside, the Pischei Teshuvah (ibid) clarifies that this only applies for laws regarding isur and heter. A talmid chacham under 40 may issue rulings on monetary matters, but should not issue them by himself.
IV. Book Publishing
The T’shuvah MeiAhavah (3:378), Rabbi Eleazar David Flekeles (1754-1826), has an interesting discussion where he notes the takanah enacted by the Noda BiYehudah in Prague. There was apparently a big problem of young scholars publishing halachic works that were not thorough and were causing others to improperly rely on their rulings. The Noda BiYehudah thus enacted that talmidei chachamim may not publish s’farim until the age of 40.
Many contemporary poskim address this ruling. For example, the Avnei Derech (6:121) writes that many Acharonim limit the Noda BiYehudah’s enactment to specifically his time and his geographic area. It certainly never applied to Sefardim, as elaborated by Rav Ovadia Yosef (in numerous places, cited in Avnei Derech). The Avnei Derech continues that he personally asked Rav A. Nebenzahl shlita and Rav Ephraim Greenblatt whether he should publish his s’farim before he turned 40, and they responded that he should, especially with respect to questions that were posed to him.
Moreover, the Avnei Derech cites the Mishnas Yosef who encouraged young talmidei chachamim to publish, especially in these times of pritzus and other problems in society. He notes that if the talmid chacham is under forty, a respected talmid chacham over 40 should review the sefer before publication.
Indeed, the Shulchan Maareches (Vol. 2, p.427) cites Rav Ovadia Yosef, who explains that the leniency nowadays, even for Ashkenazim, to publish s’farim at young ages is based on the fact that these s’farim are primarily “likutim” that simply cite to earlier sources without much new ideas. This is based on a T’shuvas HaRidvaz.
In a later volume, the Avnei Derech (9:170) suggests a similar leniency. A talmid chacham who receives permission from his rebbi to publish, may publish even before 40.
A final thought by Rav Ovadia Yosef (Yabia Omer, Choshen Mishpat 4:1), who permitted writing a sefer before 40, is based on the idea that a person does not know how long he will live. If he delays publishing, the Torah might be lost.
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..
