The gemara (Yoma 19) darshens from the words of shema, “v’dibarta
bam – v’lo devarim b’teilim.”Tucked away
in his Mei Marom on Avos (5:22, link) R’ Ya’akov Moshe Charlap raises this safeik:
what about a person who is not learning, but is not speaking devarim b’teilim
either – is that a violation of this mitzvah d’oraysa?
We could formulate the safeik as follows: is “v’dibarta bam” a
positive aseh commanding limud haTorah, or is it an issur aseh that prohibits
R’ Charlap ends off by saying tzarich iyun l’halacha (this is not a derush