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Week 135 - Friday - 28 June 2002

PIRKEI AVOT: CHAPTER 4: MISHNAH 6

Rabbi Yose said: He who honors the Torah, is himself honored by mankind; and he who dishonors the Torah, is himself dishonored by mankind.

Kehati

In the absence of further specification, Rabbi Yose in the Mishnah refers to Rabbi Yose ben Halafta of Tzipori. He studied Torah with his father and with other Sages of Yavneh; but his most prominent teacher was Rabbi Akiva. He had five sons from his levirate-wife (i.e., the childless widow of his brother), all great Torah scholars, of whom he proudly declared: "Five cedars have I planted in Israel" (Shab. 118b). The out-standing among them were Rabbi Yishmael bar Rabbi Yose, and Rabbi Eleazar bar Rabbi Yose. When his disciple, Rabbi Yehuda HaNasi, thought of challenging any of his statements, he would say: "Can we, humble disciples, challenge the words of Rabbi Yose? Even as the holy of holies differs from the ordinary of ordinaries, so does our generation differ from that of Rabbi Yose" (T.J. Git. 6:7). His disciple, Isi ben Yehudah, used to say: "Rabbi Yose always has his good reasons" (Git. 67a), i.e. he justifies his halakhic opinions brilliantly and conclusively. He frowned upon dissension and strife, preferring to settle disputes by compromise (Ter. 2:3; Eruv. 8:5; et al.). He avoided ill-temper and anger, and treated everyone sensitively. He used to say: The position does not bestow honor upon its occupier; it is the person who brings distinction to his position (Ta'an. 21b).

Rabbi Yose said: He who honors the Torah - by performing it’s precepts eagerly, and by respecting the Sages and their writings (Rambam), is himself honored by mankind - his deeds reflect positively on his own personality; and he who dishonors the Torah - by neglecting to study it and by his disregard of the scholars and their works, is himself dishonored by mankind - his deeds evoke the contempt of society.

Alternatively: He who honors the Torah - by his pleasant conduct. A spotless and dignified appearance on the part of the scholar, which mirrors a noble mind, brings honor to the Torah. The scholar himself gains the respect of his environment, as stated in Scriptures (Prov. 4:8): "Extol her, and she will exalt you," and in the Talmud (Yoma 86a): "Have you seen how gracious and agreeable are the deeds of this man who studied Torah? Fortunate is his father who raised him, and fortunate his teacher who taught him Torah." Conversely, whoever dishonors the Torah is himself dishonored by other men - he who praises virtue and scholarship is himself placed in that category; and he who disparages them, reveals his own depravity. In the words of King Solomon (Prov. 27:21): "The refining pot is for silver, and the furnace for gold, and a man is tried by his praise," i.e. by the object of his approval. Just as the purity or debasement of silver and gold are established by the refiner and the crucible, so a man's character emerges from his appraisal of others; hence if he respects and applauds the learned, then he himself is held in high esteem; but if he reviles them and treats them lightly, then he himself is held in low esteem (Hameiri).

PIRKEI AVOT: CHAPTER 4: MISHNAH 7

Rabbi Yishmael his son said: He who refrains from passing judgement, rids himself of enmity and robbery and vain oaths; and he who is forward in rendering legal decisions - is foolish, wicked and arrogant.

Kehati

Rabbi Yishmael was the most pre-eminent of Rabbi Yose ben Halafta's five son's, mentioned above. He acquired his learning from his father, and most of his halakhic rulings appear in his father's name. Like his father, he lived in Tzipori, and taught Torah there. As a judge, he avoided the slightest suggestion of bribery, as related in the Gemara (Ket. 105b): "The land tenant of Rabbi Yishmael ben Rabbi Yose used to bring him a basket of fruit every Friday, as rent from the owner's garden. Once he brought it on Thursday. Rabbi Yishmael asked: Why the difference today? The tenant answered: I have a court case today, and thought I would bring you the usual today. Rabbi Yishmael refused to accept it from him and said: I am disqualified to judge your case. He thereupon appointed two Torah scholars to judge his case. In the course of the proceedings, Rabbi Yishmael thought to himself: If he wished, he might plead thus; or if he preferred, he might plead thus. Then he exclaimed: Perish the souls of those who take bribes! If I, who did not take (the fruit), and even if I had taken it, it was fully my due - am so disposed in favor of the litigant; then how much more so those who accept bribes." Thereafter, the Sages applied to him the verse (Is. 33:15) saying: "'He who shakes his hands from the holding of bribes' - like Rabbi Yishmael ben Rabbi Yose" (Makkot 24a).

Rabbi Yishmael, his - Rabbi Yose ben Halafta's - son said: He who refrains from passing judgement - who avoids the judicial bench where other candidates are present, or as an arbiter induces the litigants to accept a compromise, rids himself of enmity - the unsuccessful party's grudge towards the magistrate, and robbery - when ruling against the lawful claimant and thereby depriving him of his rightful property, and vain oaths - administered where no vow is required by law (Bartenura). Moreover, by exacting an oath wrongfully the judge might induce perjury (Hameiri).

And he who is forward in rendering legal decisions - a judge who, unaware of his own fallibility, pronounces a verdict without due deliberation, is foolish - his exaggerated self-esteem is the height of stupidity, as it is written (Prov. 26: 12): "Do you see a man who is wise in his own eyes? There is more hope of a fool than of him" wicked - unlike the sin-fearing, who spontaneously defer judgement, in view of the natural human tendency to err, even among the wise; and arrogant - in his effort to display power and wit (Rabbenu Yonah). Others comment: foolish - by fostering enmity through his judgement, wicked - i.e. insensitive to the odium of robbery and perjury, and arrogant - his pride generated in him the delusion of infallibility (Tjferet Yisrael).

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