Tuesday, 2 February 2016

halacha - Upper limits of "kovea itim"


It is known from the gemara (Shabbos 31a and cited in maamar Toras HaBayis ch. 1, among other places) that when a person dies, he is asked if he had set times for learning. I know that these times can be as little as possible: For example, he might learn one pasuk a day.


However, this is my question: Is it possible for his kovea itim to be at least one pasuk a day, or at least one mishnah a day, etc.? In that case, he can learn two if he wants to. Or, on the other hand, is it a "gezeiras hakasuv" that it must be the same amount every day?


As a side point, where is the requirement of kovea itim brought down in the Shulchan Aruch?



Answer



Shulchan Aruch OC 238:


א. צריך ליזהר בלמוד הלילה יותר מבשל יום, והמבטלו עונשו מרובה


ב. אם יש לו חק קבוע ללמוד כך וכך ליום והיה טרוד ביום ולא השלימו, ישלימנו בלילה מיד


Regarding upper limits, I believe this is a Nedarim question. The Gemara says (Nedarim 7a):



אמר רב גידל אמר רב: האומר לחבירו: "נשכים ונשנה פרק זה", עליו להשכים


Shach (YD 203:5) writes that even if one just says "I will learn x" without using the language of a neder, he is bound by these words. Moreover, if someone decides to accustom himself to doing a certain good thing and his plan is to always continue doing so, it retains the status of a neder even after one time (Shulchan Aruch YD 214:1). According to the Kitzur Shulchan Aruch (67:7) if one does it three times then it retains the status of a neder even if his plan was not specifically to always continue doing so.


All this being said, it would seem that there is no problem with specifically planning to always learn at least a mishna, or something like that. Since you have a specific plan, I would say that doing extra every now and then doesn't mean anything nedarim-wise. However, if every day you do an "extra" mishna, and you don't continually specify that you are still sticking to your original plan and this is just an exception, it could be that your "plan" doesn't help. I'm guessing here.


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