Three mishnayot in the third perek of Avot contain a phrase
that is difficult for us to comprehend: to be מִתְחַיֵּב בְּנַפְשׁוֹ,
mitchayev benafsho. The first, at 3:5, is taught in the name of Rabbi
Chanina ben Chachinai:
הַנֵּעוֹר
בַּלַּֽיְלָה, וְהַמְהַלֵּךְ בַּדֶּֽרֶךְ יְחִידִי, וּמְפַנֶּה לִבּוֹ לְבַטָּלָה,
הֲרֵי זֶה מִתְחַיֵּב בְּנַפְשׁוֹ
One who stays awake at night,
travels alone on the road and/or turns his heart to idleness is mitchayev
benafsho.
The second, at 3:9, is brought in the name of Rabbi Yaakov:
הַמְהַלֵּךְ
בַּדֶּֽרֶךְ וְשׁוֹנֶה, וּמַפְסִיק מִמִּשְׁנָתוֹ וְאוֹמֵר: מַה נָּאֶה אִילָן
זֶה, מַה נָּאֶה נִיר זֶה, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ מִתְחַיֵּב
בְּנַפְשׁוֹ
One who walks along a road and
studies, and interrupts his study to say, "How beautiful is this
tree!", "How beautiful is this ploughed field!”—the Torah considers
it as if he is mitchayev benafsho.
The third, at 3:10, we learn from Rabbi Dosta’i bar Yannai
in the name of Rabbi Meir
כָּל
הַשּׁוֹכֵֽחַ דָּבָר אֶחָד מִמִּשְׁנָתוֹ, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ
מִתְחַיֵּב בְּנַפְשׁוֹ
Anyone who forgets even a single
word of this learning, the Torah considers it as if he is mitchayev benafsho...
So what does is mitchayev benafsho mean? Literally it
means “makes himself liable in [or ‘for’] his soul”. But this is not a phrase
that is easily understood—if indeed we understand it at all.
If we consider this phrase in the context of the three
mishnayot above, the first thing we see is that none of the triggers for mitchayev
benafsho, the liability of one’s soul, is the breach of a Torah or
rabbinical prohibition or of a failure to perform a positive precept. This
could mean that the rabbis here are alluding to a special category of spiritual
fault that leads to some sort of spiritual death or to the idea that a person
who pursues chassidut, a higher level of piety, holiness and closeness
to God than is demanded of humans in general, may incur a higher level of
punishment for his failure to do so than might a person who does not seek to go
the extra mile.
The second thing we notice is that, in each case, the person
who puts his soul at risk is at odds with an active commitment to the life-giving
force of Torah (on which see Avot 6:7). This person is off on his own and
obviously up to some mischief at a time—night—which is created for learning
Torah (Eruvin 65b). Or he stops right in the middle of his Torah studies to
admire the physical world at the expense of the spiritual one. Again, instead
of adding to his stock of Torah wisdom or at least keeping it safe, he lets it
slip from his grasp. Now we can see that the spiritual fault we considered in
the previous paragraph is that of demoting Torah in one’s scale of life values.
The third thing we spot is that only in the first mishnah is
the term mitchayev benafsho used without any qualification. In the
second and third instances we see the phrased prefaced by כְּאִלּוּ,
“as if”, indicating that one’s soul, or life, is not actually at stake.
Having said that, we see is that the sages over the
millennia have themselves failed to construct an edifice of consensus as to
what the phrase means. Each different meaning of mitchayev benafsho produces
a different level of meaning for this mishnah in which it is found. This need
not be a problem. By grafting different shades of meaning into the phrase, our
rabbis have made these mishnayot more nuanced and capable of bearing greater
meaning—and thereby making a greater impact—than if the term had just one fixed
meaning.
How then do the rabbis explain mitchayev benafsho? The
commentary ascribed to Rashi passes over it the first and times it appears. But
at Avot 3:9 it observes that the Satan has no permission to endanger a person
for as long as that person is actively learning Torah. Stop for a minute to
admire the scenery and that permission is presumably granted. The Sefat Emet has a similar take: if one is mitchayev
benafsho, it seemingly means that one loses the level of shemirah,
of God guarding him, that was previously enjoyed. In each of these two cases,
the person who is mitchayev is not necessarily harmed: all that has
happened is that a level of immunity or protection has been stripped away.
According to the Bartenura, the act of learning Torah has
prophylactic properties that protect a person against the mazikim
(discussed at length in Avot Today here), regular bandits and the sort of bad
happenings one experiences when alone. This explanation works for the facts of Avot
3:5, but it is unclear how far it explains the two later mishnayot. Rambam’s
approach is broader, less fact-driven and more principled: mitchayev
benafsho is effectively another way of saying “liable for punishment by the
hand of God” (at 3:5) or “guilty of a mortal sin” (3:9 and 3:10).
Rabbis Nachman and Natan of Breslov take a practical view of
mitchayev benafsho: it’s the natural consequence of not knowing, or
forgetting, one’s Torah. If you don’t know your Torah, you won’t know what’s
permitted and what’s permitted—and you will go through life picking up penalty
points, so to speak. On this basis, no real definition or analysis of the
phrase is required. Reb Chaim Volozhiner doesn’t feel any explanation is needed
either, since he simply passes over it on all three occasions where it is
mentioned.
Among modern rabbis and translators, mitchayev benafsho encompasses
many shades of meaning. For example it is rendered as
“Endangers his soul” (Rabbi Lord
Jonathan Sacks)
“Bears guilt for his soul” (Rabbi
Dan Roth, Relevance; Gila Ross, Living Beautifully)
“Commits spiritual suicide” Dayan
Gershon Lopian
“Sins against himself” Rabbi
Joseph H. Hertz
“Sinned against his soul” Rabbi Yisroel
Miller, The Wisdom of Avos, version 1
“Forfeited his life” Rabbi
Yisroel Miller, The Wisdom of Avos, version 2
“Is worthy of death” ArtScroll
Publications
“Is mortally guilty” Judah Goldin
“Is guilty against himself” R.
Travers Herford, The Ethics of the Talmud
So, depending on your rabbinical preference, mitchayev
benafsho can mean actual spiritual or physical death, liability for
spiritual or physical death, a level of guilt that makes one deserving of such
deaths, or a form of self-destruction.
I shall leave this discussion by citing a partial commentary
on Avot that doesn’t often get a mention here: Relevance: The Lost Art of
Thinking, by Rabbi Dan Roth. Making reference to the first two mishnayot,
he comments:
“…[O]ur Mishnah … restores a rare
and almost forgotten ability—to use one’s time alone for serious reflection.
You are up at night anyway. Do not squander the precious moments. Use them to
get in touch with yourself. You are walking along the road. Do not kill the
time. Use it wisely to give voice to your innermost thoughts. We should scout
out such opportunities and, certainly, when they arise we should utilise
them—for these opportunities have the potential of becoming the most worthwhile
moments of our lives”.
So to be mitchayev benafsho is effectively to be held
accountable for the time we waste and which we fail to make worthwhile. It’s a lovely message, a highly positive one,
even though I suspect that the authors of our mishnayot might struggle to see
this message as something that leaps out from the words they chose.
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