THE WEEKLY SIDRA- MISHPATIM
Rabbi Moshe Greebel

Almost everyone is familiar with the well-known Gemarah in Gittin 55b-56a, wherein Bar Kamtza, who was publicly slighted in front of the Rabbanim who did nothing to help him, became an informer against his own Jewish brothers to Roman authority. He very dishonestly attempted to prove that the Jews were against Roman rule, by convincing Caesar that a Korban (livestock offering) which would be sent with him, would not be offered in the Bais HaMikdash, a sign that the Jews were indeed rebelling against Rome.

To insure that the Korban would not be offered, Bar Kamtza internally blemished the animal. After the inspection at the Bais HaMikdash of this Korban, the Rabbanim immediately realized what Bar Kamtza was up to. The Gemarah narrates:

“…..The Rabbanim were inclined to offer it in order not to offend the (Roman) Government. Said Rabbi Z’charya Ben Avkulos to them, ‘People will say that blemished animals are offered on the altar…..’”

These Rabbanim immediately deferred to the words of Rabbi Z’charya, who must have been one of the greatest Talmidei Chachamim (Torah scholars) among them, and did not offer the Korban. The Gemarah continues:

“…..They then proposed to kill Bar Kamtza so that he should not go and inform against them. But Rabbi Z’charya Ben Avkulos said to them, ‘Shall people say that one who makes a blemish on consecrated animals is put to death…..?’”

Once again, the Rabbanim deferred to the words of Rabbi Z’charya Ben Avkulos, and did not kill Bar Kamtza. Concluding this episode, the Gemarah instructs:

“…..Rabbi Yochanan thereupon remarked, ‘Through the modesty of Rabbi Z’charya Ben Avkulos, our House (Bais HaMikdash) has been destroyed, and our halls burnt, and we ourselves exiled from our land…..’”

As expected, this terminology of ‘Through the modesty of Rabbi Z’charya Ben Avkulos, our House has been destroyed,’ is somewhat difficult to comprehend. Should Rabbi Yochanan not have rather said, “Through the piety of Rabbi Z’charya Ben Avkulos,” or, “Through the scrupulousness of Rabbi Z’charya Ben Avkuluos”? What has modesty to do with Rabbi Z’charya’s decisions? Rashi there, sees it this way:

“His modesty…..That is, his ability to tolerate. He tolerated this (Rome punishing Jews for not offering the Korban), and would not kill him (Bar Kamtza).”

However, even though Rashi has interpreted the Gemarah to mean through the ability of Rabbi Z’charya to tolerate Rome, and not kill Bar Kamtza, Rabbi Yochanan did most specifically utilize the word modesty, which has always been a challenge for Talmidei Chachamim to fully comprehend. Fortunately though, in the Divrei Eliyahu, the Vilna Gaon (Rabbeinu Eliyahu Kramer 1720- 1797) of blessed memory, resolved this issue of Rabbi Z’charya’s modesty in a very scholarly manner, beginning with a Passuk (verse) in this week’s Sidra, which deals with capital punishment cases:

“You shall not follow a multitude to do evil; nor shall you answer upon a dispute to incline a multitude to pervert justice.” (Sh’mos 23:2)

The Gemarah in Sanhedrin 36a has this to say concerning the above Passuk, as it applies to Bais Din (Torah court):

“…..In capital punishment cases, we commence with the opinions of those (judges) on the side (benches, and not the Av Bais Din- head of Bais Din)….”

That is, in monetary cases, we begin with the opinion of the judge who is the greatest Talmid Chacham, whereby in capital punishment cases, we commence with the opinions of the lower judges, on the side benches. The Gemarah explains the source of this from our above Passuk:

“…..From where is this learned? Rabbi Acha Bar Pappa said that it is from ‘Nor shall you answer upon a dispute…..’”

In LaShon HaKodesh (holy tongue), the expression ‘Nor shall you answer upon a dispute’ is ‘V’lo Sa’aneh Al Riv,’ the word ‘Riv’ specifically meaning dispute. However, in the Torah, the word ‘Riv’ is not written with the letter Yud in the middle, which becomes readable as well, as ‘Rav’, or great Talmid Chacham. In other words, when it comes to capital punishment cases, you shall not answer against the Rav, which is why the greatest Talmid Chacham never speaks first. Basically, it is better for the Rav to disagree with the lesser judges who have already stated their opinions, than for them to disagree with him, after he has already stated his opinion.

Now then, expounded the Gaon, the question of killing Bar Kamtza certainly was a question of capital punishment. But, because Rabbi Z’charya, who was in reality the greatest Talmid Chachm of them all, did call out his opinion, it shows that he was truly very modest. For, had he considered himself the greatest Talmid Chacham, he would have remained silent, so that the others could not have violated ‘You shall not answer against the Rav.’ The fact that he called out his opinion at all, shows his modesty in considering himself only one of the side bench judges. However, the other Rabbanim considered him the greatest among them, and would themselves not violate ‘You shall not answer against the Rav,’ by offering their opinions after his.

And, concluded the Gaon, that is why Rabbi Yochanan specifically stated:

“…..Through the modesty of Rabbi Z’charya Ben Avkulos, our House (Bais HaMikdash) has been destroyed, and our halls burnt, and we ourselves exiled from our land.”

May we soon see the G’ulah Sh’laimah in its complete resplendency- and in our times. Good Shabbos.