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Halakha and Ethics and the Talmud and Today

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Halakha and Ethics and the Talmud and Today Ve-Asita ha-Yashar ve-HaTov: Halakha and Ethics and the Talmud and Today Shlomo Zuckier Drisha Institute and Lincoln Square Synagogue December 25, 2019 – כ"ז בכסלו, יום ג' דחנוכה Talmudic Teachings on Ethics and Halacha 1. תלמוד ירושלמי )וילנא( מסכת בבא מציעא פרק ב הלכה ה שמעון בן שטח הוה עסיק בהדא כיתנא אמרין ליה תלמידוי ר' ארפי מינך ואנן זבנין לך חדא חמר ולית את לעי סוגין. ואזלון זבנון ליה חדא חמר מחד סירקאי ותלי ביה חדא מרגלי. אתון לגביה אמרין ליה מן כדון לית את צריך לעי תובן. אמר לון למה אמרין ליה זבנינן לך חד חמר מחד סירקיי ותלי ביה חדא מרגלי. אמר לון וידע בה מרה אמרין ליה לא א"ל לון איזל חזר. לא כן אמר רב הונא ביבי בר גוזלון בשם רב התיבון קומי רבי אפילו כמאן דמר גזילו של עכו"ם אסור כל עמא מודיי שאבידתו מותרת. מה אתון סברין שמעון בן שטח ברברין הוה. בעי הוה שמעון בן שטח משמע בריך אלההון דיהודאי מאגר כל הדין עלמא. ויידא אמרה דא רבי חנינה משתעי הדין עובדא רבנין סבייא זבנין חד כרי דחיטין מאילין דאיסרטוס ואשכחון ביה חדא צררא דדינרי וחזרוניה להון אמרין בריך אלההון יהודאי. אבא אושעיה איש טורייא אמרה אהין להן. לי אהן מהו חשוב עלי אית לי טבין מיניה אית לי סוגין מיניה. א"ל אורייתא גזרת דנחזור אמר בריך אלההון דיהודאי. 1. Jerusalem Talmud, Bava Metzia 2:5 Shimon ben Shetah was dealing with flax [as his profession]. His students said to him: ‘Master, leave it behind and we will buy you a donkey and you won’t need to work so much,’ and they bought him a donkey from an Arab, and it had a jewel hanging from it[s neck]. They came to him and said him: ‘from now on you won’t have to work again.’ He said to them: ‘why?’ They said to him: ‘ We bought you a donkey from an Arab and it had a jewel hanging from it[s neck]!’ He said to them: ‘Did the owner know?’ They said to him: ‘no.’ He said to them: ‘go return it.’ [Later students objected to this story:] But didn’t Rav Huna Bibi bar Gozlon say in the name of Rav, said they responded before Rabbi, even according to the one who says an item stole from a gentile is prohibited, all agree that an item lost by a gentile is permitted!?’ ‘What, do you think Shimon ben Shetah is a barbarian? Shimon wished to hear ‘blessed be the God of the Jews’ more than all the wages of this world!’ Where did he [Shimon ben Shetah] know this from? Rabbi Hanina was dealing with the following situation: The elderly rabbis bought a kri of wheat from certain soldiers, and found inside it a sack of gold coins and returned it to them. They said: ‘Blessed be the God of the Jews!’ Abba Oshayah of Turaya [was in a similar situation where he found jewels in the queen’s wash] and she said: ‘They are yours. What are they worth to me? I have many and better things than that!’ He said: ‘The Torah decrees that we must return it!’ She said: “Blessed be the God of the Jews.’ 2. תלמוד בבלי מסכת חולין דף ז עמוד א השתא בהמתן של צדיקים אין הקדוש ברוך הוא מביא תקלה על ידן, צדיקים עצמן לא כל שכן… מאי בהמתן של צדיקים? דרבי פנחס בן יאיר הוה קאזיל לפדיון שבויין, פגע ביה בגינאי נהרא, אמר ליה: גינאי, חלוק לי מימך ואעבור בך, אמר ליה: אתה הולך לעשות רצון קונך ואני הולך לעשות רצון קוני, אתה ספק עושה ספק אי אתה עושה, אני ודאי עושה אמר ליה: אם אי אתה חולק, גוזרני עליך שלא יעברו בך מים לעולם, חלק ליה. הוה ההוא גברא דהוה דארי חיטי לפיסחא, אמר ליה: חלוק ליה נמי להאי דבמצוה עסיק, חלק ליה. הוה ההוא טייעא דלווה בהדייהו, אמר ליה: חלוק ליה נמי להאי, דלא לימא: כך עושים לבני לויה? חלק ליה. אמר רב יוסף: כמה נפיש גברא ממשה ושתין רבוון, דאילו התם חד זימנא, והכא תלתא זימנין. ודלמא הכא נמי חדא זימנא! אלא כמשה ושתין רבוון. 2. Babylonian Talmud, Tractate Hullin 7a If the animals of the righteous, the Holy One, blessed be He, does not bring about a problem through them, certainly the righteous [themselves] all the more so!... What is [the case of] the animals of the righteous? Rabbi Pinhas ben Yair was going to redeem captives, and he ran into the Ginai River. He said to it: “Ginai, split your water for me so that I can pass through you.” He said to him: “You are going to do the will of your Creator and I am going to do the will of my Creator. You may or may not succeed while I will certainly succeed.” [Rabbi Pinhas ben Yair responded] “If you do not split, I will decree upon you that water never pass through you again!” [The river] split for him. Another man was carrying wheat for Pesah [nearby]. He [R. Pinhas ben Yair] 1 [email protected] said to [the river]: “Split for him as well, because he is dealing with a Mitzvah!” It split for him. There was an Arab [trader] who had joined along with him. He [R. Pinhas ben Yair] said to [the river]: “Split for him as well, so that they don’t say “so one does for one’s fellow traveler.” It split for him. Rav Yosef said: This man is so much greater than Moshe and the sixty myriads, because there [the water split] one time, and here [it split] three times! Maybe here too it only split one time!? Rather, [he is as great] as Moshe and sixty myriads. 3. בית הבחירה )מאירי( מסכת חולין דף ז עמוד א ממדותיהם של תלמידי חכמים שכל מי שנתלוה עמהם בדרך אפי' לא היה מכירו וכן אפילו הוא משאר עממין יהא מסביר לו פנים וחולק לו מכבודו ולא שיתיאש ממנו ויניחהו למקרים שלא יאמרו עליהם כך עושין לבני לויה: 3. Beit Habehirah (Meiri) to Hullin 7a Among the practices of Torah scholars is that whoever joins them on the way, even if they do not know them, and even if they are of other nations, they show them a friendly countenance and give of their honor to them, and do not tire of them and leave them to the elements, so that it won’t be said of them “this is what one does to fellow travelers”? 4. דברים פרק יב פסוק כח שְׁמֹֹ֣רוְׁשָׁמַעְׁתָָּׁ֗אֵ֚ת כָׁל־הַדְׁ בָׁרִֹ֣ יםהָׁא ֵ֔ לֶּהאֲשֶֶּׁ֥ר אָׁנֹכִִ֖ימְׁ צַוֶּ ֶּ֑ךָׁלְׁמַעַן֩ יִיטַַ֨ ב לְׁךָ֜ ולְׁבָׁנֶֶּ֤יך אַ חֲרֶּ יךעַד־עֹולֵָׁ֔ם כִֶ֤יתַ עֲשֶּההַטֹ֣ ֹובוְׁהַיָׁשֵָׁ֔ ר עבְׁ ינ ִ֖י יְׁקֹוֶָׁׁ֥קאֱֹלהֶֶּֽ יך: 4. Devarim, 12:28 Observe and hear all these words which I command you, that it may go well for you, and with your children after you forever, for you will do that which is good and right in the eyes of the Lord your God. 5. ספרי דברים פרשת ראה פיסקא עט כי תעשה הטוב והישר, הטוב בעיני שמים והישר בעיני אדם דברי רבי עקיבה וכן הוא אומר +משלי ג ד+ ומצא חן ושכל טוב בעיני אלהים ואדם. רבי ישמעאל אומר הישר בעיני שמים 5. Sifrei Devarim 79 “For you will do what is good and right” – good in the eyes of Heaven and right in the eyes of humanity’ – the words of Rabbi Akiva. And similarly it says “And find grace and good reason in the eyes of God and humanity” (Prov. 3:4). Rabbi Yishmael says: “what is right in the eyes of Heaven.” 6. דברים ו:יח וְׁעָׁשִִׂ֛יתָׁהַיָׁשֶָׁׁ֥רוְׁהַטִ֖ ֹוב ע בְׁ ינֹ֣י יְׁקֹוָׁ ק לְׁמַעַן יִֹ֣יטַ בלֵָׁ֔ ְך ובָָּׁ֗אתָׁ וְׁיֶֶָּֽׁ֑רַשְׁ תָׁ אֶּת־הָׁאָֹׁ֣רֶּ ץהַטֹבֵָׁ֔ ה אֲשֶּר־ נִשְׁבֶַׁ֥עיְׁקֹוִָׁ֖ק לַאֲבֹתֶֶּֽ יך: 6. Devarim 6:18 And you shall do the right and the good in the eyes of God, so that He shall do well with you, and you shall come and inherit the good land that God promised to your ancestors. 7. רמב"ן על דברים ו:יח ועשית הישר והטוב בעיני ה - על דרך הפשט יאמר תשמרו מצות השם ועדותיו וחקותיו ותכוין בעשייתן לעשות הטוב והישר בעיניו בלבד ולמען ייטב לך, הבטחה, יאמר כי בעשותך הטוב בעיניו ייטב לך, כי השם מטיב לטובים ולישרים בלבותם ולרבותינו בזה מדרש יפה, אמרו זו פשרה ולפנים משורת הדין והכוונה בזה, כי מתחלה אמר שתשמור חקותיו ועדותיו אשר צוך, ועתה יאמר גם באשר לא צוך תן דעתך לעשות הטוב והישר בעיניו, כי הוא אוהב הטוב והישר : וזה ענין גדול, לפי שאי אפשר להזכיר בתורה כל הנהגות האדם עם שכניו ורעיו וכל משאו ומתנו ותקוני הישוב והמדינות כלם, אבל אחרי שהזכיר מהם הרבה, כגון לא תלך רכיל )ויקרא יט טז(, לא תקום ולא תטור )שם פסוק יח(, ולא תעמוד על דם רעך )שם פסוק טז(, לא תקלל חרש )שם פסוק יד(, מפני שיבה תקום )שם פסוק לב(, וכיוצא בהן, חזר לומר בדרך כלל שיעשה הטוב והישר בכל דבר, עד שיכנס בזה הפשרה ולפנים משורת הדין, וכגון מה שהזכירו בדינא דבר מצרא )ב"מ קח(, ואפילו מה שאמרו )יומא פו( פרקו נאה ודבורו בנחת עם הבריות, עד שיקרא בכל ענין תם וישר 7. Ramban on Devarim 6:18 “And you shall do the right and the good in the eyes of God”: Plainly, this means that you shall observe God’s commands, statutes, and laws, and intend in doing so to do what is good and right in God’s eyes alone, “and to benefit you,” as a promise, for in doing the good in God’s eyes it will be good for you, for God acts kindly with the good and upright in their hearts. But our sages have a nice teaching, that this [verse] refers to arbitration and acting within the line of the law, meaning that originally God said to observe the laws and statutes as 2 [email protected] commanded, and now it says that even regarding that which God did not command you, be sure to do what is good and right in God’s eyes, for God loves the good and the right.
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