Conflict Resolution (Kavod) Kutz Camp 2019 Torah Corps Immersive Session #5

(2) You shall neither side with the mighty to do wrong—you shall not give perverse testimony in a dispute so as to pervert it in favor of the mighty— (3) nor shall you show deference to a poor man in his dispute. (4) When you encounter your enemy’s ox or ass wandering, you must take it back to him. (5) When you see the ass of your enemy lying under its burden and would refrain from raising it, you must nevertheless raise it with him. (6) You shall not subvert the rights of your needy in their disputes. (7) Keep far from a false charge; do not bring death on those who are innocent and in the right, for I will not acquit the wrongdoer. (8) Do not take bribes, for bribes blind the clear-sighted and upset the pleas of those who are in the right.

(7) "Love the creatures" (Pirkei Avot 1:12), how so? This teaches that a person should love the creatures and not hate the creatures. And so we find in the Generation of the Dispersion, that from their loving one another, the Holy Blessed One did not wish to destroy them from the world. Rather, They [God] dispersed them to the four winds of the world. But, the people of Sdom, since they hated one another, the Holy Blessed One destroyed them [both] from this world and from the world to come. As it is said, (Genesis 13:13) "Now the inhabitents of Sdom were very wicked sinners against the LORD."

(21) If your enemy is hungry, give him bread to eat; If he is thirsty, give him water to drink.

Apropos an incident involving Rabbi Meir, the Gemara relates another story about him: There were two people who, incited by Satan, would argue with each other every Friday afternoon at twilight. Rabbi Meir happened to come to the place where they argued. He stopped them from fighting three Friday afternoons at twilight, until finally he made peace between them. He then heard Satan say: Woe, that Rabbi Meir removed that man, Satan, from his house. This indicates that Satan himself lives among those who have discord.

Beit Shammai did not refrain from marrying women from Beit Hillel, nor did Beit Hillel refrain from marrying women from Beit Shammai. This serves to teach you that they practiced affection and camaraderie between them, to fulfill that which is stated: “Love truth and peace” (Zechariah 8:19).

(17) And do not contrive evil against one another, and do not love perjury, because all those are things that I hate—declares the LORD. (18) And the word of the LORD of Hosts came to me, saying, (19) Thus said the LORD of Hosts: The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall become occasions for joy and gladness, happy festivals for the House of Judah; but you must love honesty and integrity.

Rabbi Yehoshua ben Korḥa says: It is a mitzva to mediate a dispute, as it is stated: “Execute the judgment of truth and peace in your gates” (Zechariah 8:16). Is it not that in the place where there is strict judgment there is no true peace, and in a place where there is true peace, there is no strict judgment? Rather, which is the judgment that has peace within it? You must say: This is mediation, as both sides are satisfied with the result. And similarly, with regard to David, it says: “And David executed justice and charity to all his people” (II Samuel 8:15). And is it not that wherever there is strict justice, there is no charity, and wherever there is charity, there is no strict justice? Rather, which is the justice that has within it charity? You must say: This is mediation.

(16) These are the things you are to do: Speak the truth to one another, render true and perfect justice in your gates. (17) And do not contrive evil against one another, and do not love perjury, because all those are things that I hate—declares the LORD.

(17) He used to say: more precious is one hour in repentance and good deeds in this world, than all the life of the world to come; And more precious is one hour of the tranquility of the world to come, than all the life of this world.

If one cut an earthenware oven widthwise into segments, and placed sand between each and every segment, Rabbi Eliezer deems it ritually pure. Because of the sand, its legal status is not that of a complete vessel, and therefore it is not susceptible to ritual impurity. And the Rabbis deem it ritually impure, as it is functionally a complete oven. And this is known as the oven of akhnai. The Gemara asks: What is the relevance of akhnai, a snake, in this context? Rav Yehuda said that Shmuel said: It is characterized in that manner due to the fact that the Rabbis surrounded it with their statements like this snake, which often forms a coil when at rest, and deemed it impure. The Sages taught: On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him. After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits. The Rabbis said to him: One does not cite halakhic proof from the carob tree. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction. They said to him: One does not cite halakhic proof from a stream. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leaned inward and began to fall. Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute? The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, Heaven will prove it. A Divine Voice emerged from Heaven and said: Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion? Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me. The Sages said: On that day, the Sages brought all the ritually pure items deemed pure by the ruling of Rabbi Eliezer with regard to the oven and burned them in fire, and the Sages reached a consensus in his regard and ostracized him. And the Sages said: Who will go and inform him of his ostracism? Rabbi Akiva, his beloved disciple, said to them: I will go, lest an unseemly person go and inform him in a callous and offensive manner, and he would thereby destroy the entire world.