אני והמראה - פגישה עם הזר, הנכרי, האחר

The Sages further taught in praise of the reed: A person should always be soft like a reed, and he should not be stiff like a cedar. An incident occurred in which Rabbi Elazar, son of Rabbi Shimon, came from Migdal Gedor, from his rabbi’s house, and he was riding on a donkey and strolling on the bank of the river. And he was very happy, and his head was swollen with pride because he had studied much Torah. He happened upon an exceedingly ugly person, who said to him: Greetings to you, my rabbi, but Rabbi Elazar did not return his greeting. Instead, Rabbi Elazar said to him: Worthless [reika] person, how ugly is that man. Are all the people of your city as ugly as you? The man said to him: I do not know, but you should go and say to the Craftsman Who made me: How ugly is the vessel you made. When Rabbi Elazar realized that he had sinned and insulted this man merely on account of his appearance, he descended from his donkey and prostrated himself before him, and he said to the man: I have sinned against you; forgive me. The man said to him: I will not forgive you go until you go to the Craftsman Who made me and say: How ugly is the vessel you made. He walked behind the man, trying to appease him, until they reached Rabbi Elazar’s city. The people of his city came out to greet him, saying to him: Greetings to you, my rabbi, my rabbi, my master, my master. The man said to them: Who are you calling my rabbi, my rabbi? They said to him: To this man, who is walking behind you. He said to them: If this man is a rabbi, may there not be many like him among the Jewish people. They asked him: For what reason do you say this? He said to them: He did such and such to me. They said to him: Even so, forgive him, as he is a great Torah scholar. He said to them: For your sakes I forgive him, provided that he accepts upon himself not to become accustomed to behave like this. Immediately, Rabbi Elazar, son of Rabbi Shimon, entered the study hall and taught: A person should always be soft like a reed and he should not be stiff like a cedar, as one who is proud like a cedar is likely to sin. And therefore, due to its gentle qualities, the reed merited that a quill is taken from it to write with it a Torah scroll, phylacteries, and mezuzot.

Why would we want this trouble? Perhaps it would be better not to testify at all. But be aware, as is it not already stated: “And he being a witness, whether he has seen or known, if he does not utter it, then he shall bear his iniquity” (Leviticus 5:1)? It is a transgression not to testify when one can do so. And perhaps you will say: Why would we want to be responsible for the blood of this person? But be aware, as is it not already stated: “When the wicked perish, there is song” (Proverbs 11:10)? GEMARA: The Sages taught in a baraita: How does the court describe testimony based on conjecture? The court says to the witnesses: Perhaps you saw this man about whom you are testifying pursuing another into a ruin, and you pursued him and found a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. If you saw only this, it is as if you saw nothing, and you cannot testify to the murder. It is taught in a baraita that Rabbi Shimon ben Shataḥ said as an oath: I will not see the consolation of Israel if I did not once see one person pursue another into a ruin, and I pursued him and saw a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. And I said to him: Wicked person, who has killed this man? Either you or I. But what can I do, since your blood is not given over to me, as the Torah states: “At the mouth of two witnesses, or three witnesses, shall he that is to die be put to death” (Deuteronomy 17:6), and I did not witness you killing him. The One Who knows one’s thoughts shall punish this man who killed another. The Sages said: They did not move from there before a snake came and bit the murderer, and he died. The Gemara questions this account: But was this murderer fit to die by being bitten by a snake? But doesn’t Rav Yosef say, and so the school of Ḥizkiyya also taught: From the day that the Temple was destroyed, although the Sanhedrin ceased to be extant, the four types of court-imposed capital punishment have not ceased. The Gemara asks: Have they really not ceased? But they have ceased, as court-imposed capital punishment is no longer given. Rather, the intention is that the halakha of the four types of court-imposed capital punishment has not ceased to be applicable. The Gemara explains: How so? For one who would be liable to be executed by stoning, either he falls from a roof or an animal mauls him and breaks his bones. This death is similar to death by stoning, in which the one liable to be executed is pushed from a platform and his bones break from the impact of the fall. For one who would be liable to be executed by burning, either he falls into a fire and is burned or a snake bites him, as a snakebite causes a burning sensation. For one who would be liable to be executed by slaying through decapitation by the sword, either he is turned over to the authorities and they execute him with a sword, or robbers come upon him and murder him. One who would be liable to be executed by strangling either drowns in a river and is choked by the water or dies of diphtheria [bisronekhi], which causes his breathing to become constricted. According to this, a murderer, whose verdict in court would be death by slaying, should not be bitten by a snake. The Sages say in explanation: That murderer had another sin for which he deserved execution by burning, and as the Master says: One who is found liable by the court to receive two types of court-imposed capital punishment is sentenced to the harsher of the two, and burning is considered a harsher death than slaying (see 50a). § The mishna teaches that in cases of capital law the court warns the witnesses not to testify based on conjecture. The Gemara comments: One can infer that it is only in cases of capital law that we do not rule based on conjecture, but in cases of monetary law, we do rule based on conjecture. In accordance with whose opinion is the mishna taught? It is in accordance with the opinion of Rabbi Aḥa. As it is taught in a baraita (Tosefta, Bava Kamma 3:6) that Rabbi Aḥa says: If there was a rutting male camel that was rampaging among other camels, and then a camel was found killed at its side, it is evident that this rampaging camel killed it, and the owner must pay for the damage caused. The baraita indicates that Rabbi Aḥa rules that cases of monetary law are decided based on conjecture. The Gemara asks: But according to your reasoning, with regard to that which the mishna teaches, that the court warns the witnesses not to provide testimony based on hearsay, should one infer that it is in cases of capital law that we do not say that testimony based on hearsay is allowed, but in cases of monetary law, we do say that testimony based on hearsay is allowed? But didn’t we learn in a mishna (29a): If the witness said: The defendant said to me: It is true that I owe the plaintiff, or if he says: So-and-so said to me that the defendant owes the plaintiff, the witness has said nothing, i.e., his testimony is disregarded. These two statements by witnesses are examples of testimony based on hearsay, yet they are not valid in cases of monetary law. A witness’s testimony is not valid testimony unless he says, for example: The defendant admitted in our presence to the plaintiff that he owes him two hundred dinars, as by admitting the debt in the presence of witnesses he rendered himself liable to pay the amount that he mentioned. Evidently, although testimony based on hearsay is invalid in cases of monetary law, we tell the witnesses to be aware of this in capital law. Here, too, with regard to testimony based on conjecture, one can say that although testimony based on conjecture is invalid in cases of monetary law, we tell the witnesses to be aware of this in cases of capital law. § The mishna teaches that the court would say: You should know that cases of capital law are not like cases of monetary law, and would reference the murder of Abel by Cain. Rav Yehuda, son of Rabbi Ḥiyya, says: By employing the plural term for blood, “The voice of your brother’s blood [demei] cries out to Me from the ground” (Genesis 4:10), the verse teaches that Cain caused multiple wounds and multiple injuries to his brother Abel. As Cain did not know from where the soul departs, he struck him multiple times. This continued until he came to his neck and struck him there, whereupon Abel died. And Rav Yehuda, son of Rabbi Ḥiyya, says: From the day the earth opened its mouth and received the blood of Abel, its mouth has not opened again, as it is stated: “From the corner of the earth have we heard songs: Glory to the righteous” (Isaiah 24:16): One can infer that the songs are heard “from the corner of the earth,” but not from the mouth of the earth, as the earth never again opened its mouth. Ḥizkiyya, Rav Yehuda’s brother, raised an objection to Rav Yehuda, son of Rabbi Ḥiyya: The verse states concerning Korah and his assembly: “And the earth opened her mouth and swallowed them up, and their households, and all the men that appertained unto Korah, and all their goods” (Numbers 16:32). Rav Yehuda, son of Rabbi Ḥiyya, said to him: It opened again for a deleterious purpose; it did not open again for a constructive purpose. And Rav Yehuda, son of Rabbi Ḥiyya, says: Exile atones for half of a sin. As initially it is written in the verse concerning Cain that he said: “And I shall be a fugitive [na] and a wanderer [vanad ] in the earth” (Genesis 4:14), and ultimately it is written: “And Cain went out from the presence of the Lord, and dwelt in the land of Nod” (Genesis 4:16). Rav Yehuda, son of Rabbi Ḥiyya, equates “Nod” with “nad,” and understands that Cain was given only the punishment of being a wanderer. Exile atoned for half his sin, thereby negating the punishment of being a fugitive. Rav Yehuda says: Exile atones for three matters, i.e., three types of death, as it is stated: “So says the Lord: Behold, I set before you the way of life and the way of death. He that abides in this city shall die by the sword, and by the famine, and by the pestilence; but he that goes out, and falls away to the Chaldeans that besiege you, he shall survive, and his life shall be for him for a prey” (Jeremiah 21:8–9), indicating that exile from Jerusalem will save one from those three deaths. Rabbi Yoḥanan says: Exile atones for all transgressions and renders a sinner like a new person, as it is stated concerning the king Jeconiah, a descendant of King David: “So says the Lord: Write you this man childless, a man that shall not prosper in his days; for no man of his seed shall prosper, sitting upon the throne of David, and ruling anymore in Judah” (Jeremiah 22:30). And after Jeconiah was exiled it is written: “And the sons of Jeconiah, the same is Assir, Shealtiel his son” (I Chronicles 3:17). The verse employs the plural “sons of” although he had only one son, Shealtiel. “Assir,” literally, prisoner, teaches that his mother conceived him in prison. “Shealtiel,” literally, planted by God, teaches that God planted him in a way atypical of most plants [hanishtalin], i.e., people. It is learned as a tradition that a woman does not conceive when she is standing during sexual intercourse,

The Sages taught: There was an incident involving one gentile who came before Shammai. The gentile said to Shammai: How many Torahs do you have? He said to him: Two, the Written Torah and the Oral Torah. The gentile said to him: With regard to the Written Torah, I believe you, but with regard to the Oral Torah, I do not believe you. Convert me on condition that you will teach me only the Written Torah. Shammai scolded him and cast him out with reprimand. The same gentile came before Hillel, who converted him and began teaching him Torah. On the first day, he showed him the letters of the alphabet and said to him: Alef, bet, gimmel, dalet. The next day he reversed the order of the letters and told him that an alef is a tav and so on. The convert said to him: But yesterday you did not tell me that. Hillel said to him: You see that it is impossible to learn what is written without relying on an oral tradition. Didn’t you rely on me? Therefore, you should also rely on me with regard to the matter of the Oral Torah, and accept the interpretations that it contains. There was another incident involving one gentile who came before Shammai and said to Shammai: Convert me on condition that you teach me the entire Torah while I am standing on one foot. Shammai pushed him away with the builder’s cubit in his hand. This was a common measuring stick and Shammai was a builder by trade. The same gentile came before Hillel. He converted him and said to him: That which is hateful to you do not do to another; that is the entire Torah, and the rest is its interpretation. Go study. There was another incident involving one gentile who was passing behind the study hall and heard the voice of a teacher who was teaching Torah to his students and saying the verse: “And these are the garments which they shall make: A breastplate, and an efod, and a robe, and a tunic of checkered work, a mitre, and a girdle” (Exodus 28:4). The gentile said: These garments, for whom are they designated? The students said to him: For the High Priest. The gentile said to himself: I will go and convert so that they will install me as High Priest. He came before Shammai and said to him: Convert me on condition that you install me as High Priest. Shammai pushed him with the builder’s cubit in his hand. He came before Hillel; he converted him. Hillel said to him, to the convert: Is it not the way of the world that only one who knows the protocols [takhsisei] of royalty is appointed king? Go and learn the royal protocols by engaging in Torah study. He went and read the Bible. When he reached the verse which says: “And the common man that draws near shall be put to death” (Numbers 1:51), the convert said to Hillel: With regard to whom is the verse speaking? Hillel said to him: Even with regard to David, king of Israel. The convert reasoned an a fortiori inference himself: If the Jewish people are called God’s children, and due to the love that God loved them he called them: “Israel is My son, My firstborn” (Exodus 4:22), and nevertheless it is written about them: And the common man that draws near shall be put to death; a mere convert who came without merit, with nothing more than his staff and traveling bag, all the more so that this applies to him, as well. The convert came before Shammai and told him that he retracts his demand to appoint him High Priest, saying: Am I at all worthy to be High Priest? Is it not written in the Torah: And the common man that draws near shall be put to death? He came before Hillel and said to him: Hillel the patient, may blessings rest upon your head as you brought me under the wings of the Divine Presence. The Gemara relates: Eventually, the three converts gathered together in one place, and they said: Shammai’s impatience sought to drive us from the world; Hillel’s patience brought us beneath the wings of the Divine Presence. The Gemara continues discussing the conduct of the Sages, citing that Reish Lakish said: What is the meaning of that which is written: “And the faith of your times shall be a strength of salvation, wisdom, and knowledge, the fear of the Lord is his treasure” (Isaiah 33:6)? Faith; that is the order of Zera’im, Seeds, in the Mishna, because a person has faith in God and plants his seeds (Jerusalem Talmud). Your times; that is the order of Moed, Festival, which deals with the various occasions and Festivals that occur throughout the year. Strength; that is the order of Nashim, Women. Salvations; that is the order of Nezikin, Damages, as one who is being pursued is rescued from the hands of his pursuer. Wisdom; that is the order of Kodashim, Consecrated Items. And knowledge; that is the order of Teharot, Purity, which is particularly difficult to master. And even if a person studies and masters all of these, “the fear of the Lord is his treasure,” it is preeminent.