Parshat Vayikra
8 Adar II 5768

March 15, 2008
Daf Yomi: Nedarim 85

Guest Author:
Rabbi Chaim Schwartz

Member, Associate YICR

 

                                                                                             

The Talmud (Pesachim 66a) informs us that there was a time when the 14th day of Nissan fell out on Shabbos, and the Bnei Beseira (the leaders at that time) did not remember if we should perform the Mitzvah of the Korban Pesach. They were notified that there was an individual from Babylon, known as Hillel HaBavli, who was the apprentice of two great men, Shmaya & Avtalyon, who knew the law.

 

Hillel appeared with the answer that the Korban Pesach is no different than the Korban Tamid (daily sacrificial offering) that is brought on every Shabbos throughout the year. Hillel proved this analytically and with indepth reasoning. Immediately he was appointed as the Nasi (leader) in Eretz Yisrael. That entire day Hillel discussed the Halachos of Pesach. His erudition discomfited his Israeli colleagues, and they began to scrutinize him. Hillel responded to their behavior by saying that it was their laxity in not valuing Shmaya & Avtalyon, which led to his superiority and which caused them to appoint him as their leader.

 

Rav Shmuel Yaakov Weinberg zt”l, former Rosh Yeshiva, Ner Baltimore, MD, said that we see from the Gemara above that Shmaya & Avtalyon were not, at the time, universally accepted as preeminent Halachic authorities. The reason for this is based on the Pasuk in Devarim 17:15 and the law, quoted by the Rambam in Hilchos Melachim 1:4, that we are not allowed to appoint a convert (Ger) to a position of leadership and the Talmud (Sanhedrin 96b) tells us that Shmaya & Avtalyon were converts and descendants of Sancheirev. Whereas the Tosofos Yom Tov suggests that Shmaya & Avtalyon’s grandparents were converts, the Rambam clearly states, at least four times in his commentary on Mishna, that they themselves were Gerim.

 

To answer this question, Rav Weinberg zt’l would say that the Rambam says elsewhere that if the public needs certain Talmidei Chachamim they must be respected as communal leaders, “Rabbim Tzrichim Lahem,” (Hilchos Talmud Torah 6:7). He therefore suggested that this was Hillel’s argument to the Bnei Beseira. “You were lax in accepting Shmaya & Avtalyon when these historically difficult times demanded your consideration of them as leaders.”

 

Rav Yosef Nechemiah Kornitzer·  zt”l suggested that the rise of Hillel and the marked difference between the leadership in Eretz Yisrael and Babylon offers us a reason why we accept the Halachah of the Talmud Bavli over the Talmud Yerushalmi. It is because of Hillel’s inclusive nature. His desire to learn from the masters Shmaya & Avtalyon enabled him to be a critical link in the chain of the Mesorah and to assist Klal Yisrael at a time of need. This was the same trait that marked the difference between Beis Shammai and Beis Hillel, in general. It was Beis Hillel’s patience and acceptance of others that caused us to follow his legal perspective.

Many understand that the dilemma of the Bnei Beseira as to whether to offer the Korban Pesach on Shabbos was whether the Pesach Sacrifice is considered a private or public offering; whereas private offerings are not performed on Shabbos, public offerings are. It seems appropriate that Hillel’s rise to public leadership is recorded in a Halachic quandary regarding a private vs. public matter. From this, we can all learn that the pathway to leadership is earned one meaningful relationship at a time.

·Rav Yosef Nechemiah Kornitzer zt’l was the former Av Beis Din of Krakow. He assumed the Rabbinate of the most prominent Shul in Krakow in 1922. At the parade for his welcome, he was greeted by the Archbishop of Krakow, Adam Sapia; with whom he developed what he thought was a unique relationship. When Rav Kornitzer died, in 1932, his son Rav Shmuel Shmelke zt’l assumed his position. When the Nazis declared the edict to clear Krakow of all Jews, Rav Shmuel Shmelke and the elders of the community went to meet with the Archbishop to plea on behalf of the Jews of Krakow. In an unforgotten act of treachery, the Archbishop welcomed them into his study and opened the adjacent door to his private chambers where the Gestapo was waiting. They arrested them only to return their ashes later to their families in an urn.