שניים אוחזין (א): אברהם ולוט, צדק ופשרה בחלוקת הארץ

The Gemara presents a mnemonic device alluding to the names of tanna’im in the coming discussion: Samekh, reish, mem, shin; beit, nun, kuf, shin. The Tosefta cites several statements of tanna’im related to compromise and the term botze’a. Rabbi Eliezer, son of Rabbi Yosei HaGelili, says: It is prohibited to mediate a dispute; and anyone who mediates [habotze’a] a dispute is a sinner; and anyone who blesses the mediator is cursing God. And of this, it is stated: “And the covetous [botze’a] blesses himself, though he despises the Lord” (Psalms 10:3). Rather, the judge must assure that the true judgment will prevail at all costs and metaphorically pierce the mountain, as it is stated: “For the judgment is God’s” (Deuteronomy 1:17). And similarly, Moses would say: Let the judgment pierce the mountain. But by contrast, Aaron, whose role was not that of a judge, was a lover of peace and a pursuer of peace, and he would apply peace between one person and the other, as it is stated: “The law of truth was in his mouth, and unrighteousness was not found in his lips; he walked with Me in peace and uprightness, and turned many away from iniquity” (Malachi 2:6). The Tosefta cites several other interpretations of the above-mentioned verse from Psalms. Rabbi Eliezer says: If one stole a se’a of wheat and ground it and baked it and separated ḥalla from it, i.e., separated the portion of the dough that must be given to the priests, how can he possibly recite the blessing on the mitzva of ḥalla? He is not blessing; rather, he is cursing God. And of this offense it is stated: “And the covetous [uvotze’a] blesses himself, though he despises the Lord,” interpreted homiletically as: And whoever blesses upon breaking [botze’a] the bread despises the Lord. Rabbi Meir says: The term botze’a employed in that verse was stated only with regard to Judah, as it is stated: “And Judah said to his brothers: What profit [betza] is it if we slay our brother and conceal his blood? Come, and let us sell him to the Ishmaelites” (Genesis 37:26–27). And consequently, anyone who blesses Judah for this act is cursing God, and of this it is stated: “And the covetous [uvotze’a] blesses himself, though he despises the Lord,” interpreted homiletically as: “And whoever blesses the profiteer [botze’a] despises the Lord.” 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. The Gemara cites an alternative interpretation of David’s method of judgment, in which we come to the opinion of the first tanna, i.e., Rabbi Eliezer, son of Rabbi Yosei HaGelili, who says that it is prohibited to mediate a dispute: If a judge adjudicated a case of monetary law, and he correctly exonerated the party who was exempt from payment and deemed liable the party who was liable to pay, if he then saw that due to his ruling a poor person became liable to pay an amount of money that is beyond his means and therefore the judge himself paid for him from his own house, this is justice and also charity. The Gemara continues: It is justice for this one and charity for that one: It is justice for this one, because the judge restored his money to him; and it is charity for that poor person, because the judge paid for him from his own house. And similarly, with regard to David, it says: “And David executed justice and charity to all his people” (II Samuel 8:15). He executed justice for this one, because he restored his money to him, and charity for that one, because he paid for him from his own house. This interpretation of the verse is difficult for Rabbi Yehuda HaNasi. If the word “charity” is meant to demonstrate that David supported the poor defendants, this term: “To all his people,” is incorrect. If the interpretation is correct, it should have stated: Charity to the poor people. Rather, Rabbi Yehuda HaNasi says: Although he did not pay from his own house, it is still justice and charity. It is justice for this one and charity for that one. It is justice for this one, because the judge restored his money to him, and charity for that one, because the judge removed the stolen item from his possession. By adjudicating the case correctly and compelling the liable party to pay his debt, the judge thereby ensures that the liable party does not illegitimately maintain property to which he is not entitled.

And Abram went up out of Egypt, he, and his wife, and all that he had, and Lot with him, into the South. And Abram was very rich in cattle, in silver, and in gold. And he went on his journeys from the South even to Beth-el, unto the place where his tent had been at the beginning, between Beth-el and Ai; unto the place of the altar, which he had made there at the first; and Abram called there on the name of the LORD. And Lot also, who went with Abram, had flocks, and herds, and tents. And the land was not able to bear them, that they might dwell together; for their substance was great, so that they could not dwell together. And there was a strife between the herdmen of Abram’s cattle and the herdmen of Lot’s cattle. And the Canaanite and the Perizzite dwelt then in the land. And Abram said unto Lot: ‘Let there be no strife, I pray thee, between me and thee, and between my herdmen and thy herdmen; for we are brethren. Is not the whole land before thee? separate thyself, I pray thee, from me; if thou wilt take the left hand, then I will go to the right; or if thou take the right hand, then I will go to the left.’ And Lot lifted up his eyes, and beheld all the plain of the Jordan, that it was well watered every where, before the LORD destroyed Sodom and Gomorrah, like the garden of the LORD, like the land of Egypt, as thou goest unto Zoar. So Lot chose him all the plain of the Jordan; and Lot journeyed east; and they separated themselves the one from the other. Abram dwelt in the land of Canaan, and Lot dwelt in the cities of the Plain, and moved his tent as far as Sodom. Now the men of Sodom were wicked and sinners against the LORD exceedingly. And the LORD said unto Abram, after that Lot was separated from him: ‘Lift up now thine eyes, and look from the place where thou art, northward and southward and eastward and westward; for all the land which thou seest, to thee will I give it, and to thy seed for ever.