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If I understand correctly, Orah Haim is things that one is involved in daily. Talmud Torah, is something that one must learn every day (S"A Yore Deah 246:2). Why isn't the section "Hilchot Talmud Torah" in Orah Haim?

If anyone has other sections that don't seem in place please feel free to add.

Hacham Gabriel
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  • Tzedaka, Good chunk of Choshen Mishpat, Eiruvin looks like it should be in Yoreh De'ah. – ertert3terte Jan 22 '12 at 20:17
  • @ShmuelBrill what do you think about Kibud Av VaEm? – Hacham Gabriel Jan 22 '12 at 20:27
  • @ShmuelBrill Tzedaka is in Yoreh De'ah. – Double AA Jan 22 '12 at 20:42
  • @DoubleAA I think he means Tzedaka should be in Orah Haim, and then "good chunk of Choshen Mishpat" is the next part of the sentence. – Hacham Gabriel Jan 22 '12 at 20:45
  • @DoubleAA I meant that Tzedaka and parts of Choshen Mishpat looks like it should be in Orach Chaim. Eiruvin looks like it belongs in Yoreh Deah. PS. Parts of Hilchos Pesach look like they belong in Yoreh Deah (as they deal with similar issues - Kashering etc.) – ertert3terte Jan 22 '12 at 23:35
  • @ShmuelBrill I think to an extent not everything will fit perfectly whereby the lower level association sometimes beats out the higher associations. This explains why eruvin is next to shabbat and some chametz specific kashering is by pesach. – Double AA Jan 22 '12 at 23:45

2 Answers2

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It is (kinda). See OC 155 and 156.

Additionally, I speculate that even though Talmud Torah must be done every day, its nature is not that of a 'time-bound mitzva' in the sense that the mitzva is ideally והגית בו יומם ולילה to delve into it day and night. It is a all encompassing mitzva that spans one's whole life and whose goal is never really reached. This is very different from something like kriat shema or lulav which have very specific yes's and no's for specific times and instances. The regularity aspect of Talmud Torah is indeed quoted in Orach Chaim above, but the general obligation is reserved for Yore De'ah along with other general life mitzvot.

Double AA
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  • Well there are also other sections that belong there. – Hacham Gabriel Jan 22 '12 at 20:09
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    +1, and that would also explain the fact that (the first few words of) siman 156 bears somewhat the same relationship to all of Choshen Mishpat as 155 does to hilchos talmud Torah. – Alex Jan 22 '12 at 22:45
  • In addition to Double AA's answer which strikes me as a likely factor, or possible "the" factor, in the decision to place hilchos talmud Torah in Yoreh Deah, I would note that it is coupled with the laws of honoring one's Torah teacher, which in turn is coupled with the laws of honoring one's parents. – Yirmeyahu Jan 23 '12 at 07:17
  • @Yirmeyahu Sounds like your making an argument similar to one I made in a comment on the question (as of now 7 hours ago). – Double AA Jan 23 '12 at 07:20
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Talmud Torah has 2 aspects.

The Vila Gaon in Shnos Eliyahu on the first Mishna in Pe'ah discusses how Talmud Torah is "without a Shiur" - as it says in the Mishna, and also a Chiyuv per day - as per the Gemora in Nedarim 8a.

See also Bircas Shmuel at the end of Kedushin.

CB01
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