To Infinity...and Beyond?

(40) Often, scorching heat ravaged me by day and frost by night; and sleep fled from my eyes.

(20) and enjoin upon them the laws and the teachings, and make known to them the way they are to go and the practices they are to follow.

The Gemara cites a source for going beyond the letter of the law in the performance of mitzvot. As Rav Yosef taught in a baraita with regard to the verse: “And you shall teach them the statutes and the laws, and shall show them the path wherein they shall walk and the action that they must perform” (Exodus 18:20). The baraita parses the various directives in the verse. “And you shall teach them,” that is referring to the structure of their livelihood, i.e., teach the Jewish people trades so that they may earn a living; “the path,” that is referring to acts of kindness; “they shall walk,” that is referring to visiting the ill; “wherein,” that is referring to burial; “and the action,” that is referring to acting in accordance with the letter of the law; “that they must perform,” that is referring to acting beyond the letter of the law...

It was taught in the baraita: “That they must perform”; that is referring to acting beyond the letter of the law, as Rabbi Yoḥanan says: Jerusalem was destroyed only for the fact that they adjudicated cases on the basis of Torah law in the city. The Gemara asks: Rather, what else should they have done? Should they rather have adjudicated cases on the basis of arbitrary decisions [demagizeta]? Rather, say: That they established their rulings on the basis of Torah law and did not go beyond the letter of the law.

(1) (18) And do right and good in the eyes of the Lord. The contextual meaning of this verse is, keep God's commandments, testimonies, and laws, and prepare them to do what is good and right in God's eyes alone. And for "it may go well with you," (Deuteronomy 6:18b) it is a promise. It says, that by doing what is good in God's eyes it will be good for you, because God brings what is good to those who are good and right in their hearts. And our Rabbis in the beautiful midrash (BK 100a) said: This refers to a compromise, acting beyond the strict demands of the law. And the intention of this is that from the beginning God said to keep God's commandments, testimonies, and laws as God has commanded them. And now, it says: even regarding what God did not command, pay attention to do what is good and right in God's eyes, because God loves goodness and righteousness. And it is important because it is impossible to mention in the Torah (what should be) everyone's conduct; with their neighbors and friends, in any business matter, and regarding ordinances of any town or country, because the Torah already mentions many of these laws, such as: "Do not gossip" (Leviticus 19:16); "You shall not take vengeance or bear a grudge" (Leviticus 19:18); "You shall not stand idly by the blood of your neighbor" (Leviticus 19:16); "You shall not insult the deaf" (Leviticus 19:14); "You shall rise before the aged" (Leviticus 19:32), etc. Once more for emphasis, generally one should do what is good and right regarding everything, including compromise, acting beyond the strict demands of the law. - (Other examples of that can be found in rabbinic literature) like what was mentioned regarding "the law of one whose field borders the field of his neighbor" (BM 108a); and even what they said, (Regarding the depiction of the worthy prayer leader) “and his youth was becoming and he is humble and accepted by the people,” (Taanit 16a); and "he does not speak pleasantly with other people" (Ioma 86a) - until one reads about all matters of honesty and integrity.

§ The Gemara relates: There was a certain shepherd who was herding animals on the bank of the Pappa River, when one of them slipped and fell into the water and drowned. He came before Rabba, and Rabba exempted him from payment. Rabba stated the following reasoning in support of his ruling: What could he have done? A drowning of this kind is a circumstance beyond his control, and although a shepherd is a paid bailee he is exempt from liability in circumstances beyond his control.

He safeguarded them in the manner that people safeguard, and he is not required to do anything more. Abaye said to him: If that is so, in a case where he entered the city at a time when other people enter, as shepherds normally do, when their animals are grazing in a quiet and safe place, and a theft occurred at that hour, so too will you say that he is exempt? Rabba said to him: Yes. Abaye raised a further difficulty: If he slept a little at a time when people generally sleep, so too is he exempt? Rabba said to him: Yes.

Abaye raised an objection to him from a baraita: These are the circumstances beyond one’s control for which a paid bailee is exempt: For example, as it is stated in the verse: “The oxen were plowing, and the donkeys feeding beside them. And the Sabeans made a raid and took them away, and they have slain the servants with the edge of the sword” (Job 1:15). This teaches that only a robbery by an army is considered a circumstance beyond his control, but nothing less. Rabba said to him: There it is referring to city watchmen, i.e., professionals hired to watch over city property, who are exempt due to an occurrence on that scale, i.e., a military incursion.

Abaye raised an objection to Rabba from another baraita: To what extent is a paid bailee obligated to safeguard? He is obligated to the extent that Jacob said to Laban: “Thus I was: In the day the drought consumed me, and the frost by night” (Genesis 31:40). Rava said to him: There too, the baraita is speaking of city watchmen, whose responsibility extends further. Abaye said to him: Is that to say that Jacob, our forefather, whose statement is the source of this halakha, was a city watchman? Rava replied: It means that Jacob said to Laban: I safeguarded for you an extra level of safeguarding, like that of city watchmen.

(1) הייתי, seeing that I did not want to entrust the flock to another shepherd, I was forced to endure the sun’s heat by day and the extreme cold at night. I denied myself sleep at night for fear something could happen to any of the animals.

The Gemara relates an incident involving Rabba bar bar Ḥanan: Certain porters broke his barrel of wine after he had hired them to transport the barrels. He took their cloaks as payment for the lost wine. They came and told Rav. Rav said to Rabba bar bar Ḥanan: Give them their cloaks. Rabba bar bar Ḥanan said to him: Is this the halakha? Rav said to him: Yes, as it is written: “That you may walk in the way of good men” (Proverbs 2:20). Rabba bar bar Ḥanan gave them their cloaks. The porters said to Rav: We are poor people and we toiled all day and we are hungry and we have nothing. Rav said to Rabba bar bar Ḥanan: Go and give them their wages. Rabba bar bar Ḥanan said to him: Is this the halakha? Rav said to him: Yes, as it is written: “And keep the paths of the righteous” (Proverbs 2:20).

Instead, the Holy One, Blessed be He, says to the nations: Let the witnesses come from among you and testify that the Jewish people fulfilled the Torah in its entirety. Let Nimrod come and testify about Abraham that he did not engage in idol worship. Let Laban come and testify about Jacob that he is not suspect with regard to robbery (see Genesis 31:36–42). Let the wife of Potiphar come and testify about Joseph that he is not suspect with regard to the sin of adultery (see Genesis 39:7–12).

Let Nebuchadnezzar come and testify about Hananiah, Mishael, and Azariah that they did not prostrate themselves before a graven image. Let Darius come and testify about Daniel that he did not neglect his prayer (see Daniel 6). Let Bildad the Shuhite, and Zophar the Naamathite, and Eliphaz the Temanite, and Elihu, son of Barachel, the Buzite, friends of Job (see Job 2:11 and 32:2) come and testify about the Jewish people that they fulfilled the Torah in its entirety. As it is stated: “All the nations are gathered together…let them bring their witnesses, that they may be justified” (Isaiah 43:9), i.e., the gathered gentiles will submit testimony on behalf of the Jewish people and demonstrate the Jews’ righteousness.