a 29 year old
The age of 40 contains
unique significance in both Halachic literature and Chazal, as we will list
below.
1. Ben
Arbaim Lebina-Age of Binah-Understanding: At the age of 40 one reaches the age of understanding.[1] This means that he is
now able to understand the depth of teachings of Torah, and to novelize many
new laws and interpretations of verses.[2] This is because at this
age a person reaches mental and intellectual maturity.[3]
2. Morei
Horah according to all opinions:[4] The Talmud[5] states that at age 40 one reaches the age of Horah, in which he
can Pasken. Now, it is debated amongst the Rishonim and Poskim as to the intent
of this Talmudic statement. Some Poskim[6]
understand it to mean that one may not Pasken until age 40. Other Poskim[7]
understand it as discussing one who is able to Pasken but refuses to do so,
that until age 40 he may avoid Paskening, although may Pasken if he so chooses,
and past age 40 he may not refuse to Pasken. Practically, the Sephardim[8]
all rule like the latter approach, and hence there is no issue for a qualified
Sephardi Posek to Pasken even prior to age 40. However, the Ashkenazim[9]
took the former approach and ruled that one should not Pasken until age 40.
Nonetheless, even according to this approach there are various leniencies
suggested, and practically the widespread custom of even Ashkenazim is to
permit Paskening prior to age 40 despite the ruling of the Rama.[10]
Nonetheless, some community guidelines require that an elected Rav be at least
40 years old to be eligible, in light of the above original Talmudic statement
and ruling of Rama.
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