Jewish Value: Kindness and Mercy

As Rabbi Shmuel bar Rav Yitzḥak said: For what reason were the insides of the gates of Jerusalem not sanctified? Because lepers protect themselves by sitting under them; in the sun they protect themselves from the sun and in the rain they sit in the gateway to protect themselves from the rain. Lepers are not permitted to enter Jerusalem. In order to allow them to use the gates of the city as shelter from the elements, the gateways were not sanctified.

Rabbi Elazar said: Even at the time of the anger of the Holy One, Blessed be He, He remembers the attribute of compassion, as it is stated: “For I will no more have compassion upon the house of Israel” (Hosea 1:6). Even when implementing His attribute of justice, God still mentions His attribute of compassion. Rabbi Yosei bar Rabbi Ḥanina said that this is also indicated from here, from the continuation of the verse, which states: “That I should bear them,” indicating that God promised to eventually bear Israel’s sins and pardon them.

§ Apropos the death of the wife of the High Priest, the Gemara cites an additional baraita. The Sages taught: A High Priest sacrifices offerings when he is an acute mourner, on the day of a relative’s death, but does not eat from those offerings. Rabbi Yehuda says: The entire day. The Gemara asks: What is the meaning of the phrase: The entire day? Rava said: This phrase is necessary only to bring him from his house. Not only is it permitted for the High Priest to serve in the Temple when he is an acute mourner, but it is a mitzva to bring him from his house to serve in the Temple for the entire day to help ease his pain.

§ The mishna continues: If the High Priest was old or delicate, they would heat hot water for him on Yom Kippur eve and place it into the cold water of the ritual bath in order to temper its chill. It was taught in a baraita that Rabbi Yehuda said: They would heat blocks of iron on Yom Kippur eve and cast them into the cold water of the ritual bath to temper its chill. The Gemara asks: But by doing so, doesn’t he harden the iron, which is a labor prohibited on Yom Kippur? Rav Beivai said: The temperature of the blocks of iron did not reach the hardening point. Abaye said: Even if you say that the temperature of the iron reached the hardening point, the fact that the iron hardened when he placed it in the water is an unintentional act, which is permitted. His intention was to temper the chill of the water, not to harden the iron.

Rather, what have you to say to explain why the bull is positioned specifically between the Entrance Hall and the altar? It is due to the weakness of the High Priest, so that he need not exert himself and walk long distances on Yom Kippur. According to Rabbi Yehuda HaNasi as well, it is due to the weakness of the High Priest that the bull is positioned specifically there, although it is permitted to position the bull anywhere in the courtyard.

§ The mishna continues: But on this day, on Yom Kippur, the High Priest scoops up with a coal pan of gold, and with that coal pan, he would bring the coals into the Holy of Holies. The Gemara asks: What is the reason that on Yom Kippur only one pan is used? Due to the weakness of the High Priest. He has to perform the entire service by himself while fasting; using only one pan minimizes his exertion.

MISHNA: Those on the path to perform a mitzva are exempt from the mitzva of sukka. The ill and their caretakers are exempt from the mitzva of sukka. One may eat and drink in the framework of a casual meal outside the sukka.

On a similar note, Rabbi Abba bar Zavda said that Rav said: A mourner is obligated in the mitzva of sukka. The Gemara asks: That is obvious; why would he be exempt? The Gemara answers: Lest you say that since Rabbi Abba bar Zavda said that Rav said that one who is suffering due to his presence in the sukka is exempt from the mitzva of sukka, one could have said that this mourner too is one who is suffering and should be exempt as well. Therefore, he teaches us that the mourner is obligated in the mitzva of sukka. These cases are not similar, since this exemption from sukka applies only with regard to suffering that is caused by the sukka itself, e.g., when one is cold or hot or when the roofing has a foul odor. However, here, in the case of a mourner, where he is causing himself to suffer unrelated to his presence in the sukka, he is required to settle himself and fulfill the mitzva.

§ It is stated in the mishna: The ill and their caretakers are exempt from the mitzva of sukka. The Sages taught in a baraita: The ill person that they said is exempt from sukka is not only an ill person whose condition is critical, but even an ill person whose condition is not critical, and even one who feels pain in his eyes, and even one who feels pain in his head. Rabban Shimon ben Gamliel said: One time I felt pain in my eyes in Caesarea, and the esteemed Rabbi Yosei ben Ḥalafta permitted me and my attendant to sleep outside the sukka.

The Gemara relates a similar tale: Rav permitted Rav Aḥa Bardela to sleep beneath a canopy in the sukka due to the biting flies [baki]. He permitted this although the canopy was more than ten handbreadths high and in sleeping beneath it he did not fulfill his obligation. Rava permitted Rabbi Aḥa bar Adda to sleep outside the sukka due to the foul odor of the earth [gargishta] floor of the sukka.

The Sages taught: If one was eating in the sukka, and rain fell, and he descended from the sukka on the roof to eat in his house, one does not burden him to ascend back to the sukka once the rain ceases until after he finishes his meal. Similarly, if one was sleeping under the roofing of the sukka, and rain fell, and he descended to sleep in the house, one does not burden him to ascend back to the sukka once the rain ceases; rather, he may sleep in the house until it becomes light.

The Gemara asks: And say the verse is referring to the branch of the date palm [kufra] that has not yet hardened completely and could still be bound, albeit with difficulty. Abaye said that it is written in praise of the Torah: “Its way are ways of pleasantness and all its paths are peace” (Proverbs 3:17). At that stage of development, some of the leaves are thorns that potentially wound. The Torah would not command to use that type of branch in fulfilling the mitzva.

The Gemara asks: And say the verse is referring to the branch of the date palm [kufra] that has not yet hardened completely and could still be bound, albeit with difficulty. Abaye said that it is written in praise of the Torah: “Its way are ways of pleasantness and all its paths are peace” (Proverbs 3:17). At that stage of development, some of the leaves are thorns that potentially wound. The Torah would not command to use that type of branch in fulfilling the mitzva.

The Gemara asks: Is that so? But didn’t Rav Naḥman permit his wife Yalta to go out on a Festival on a chair borne on poles that rested on the shoulders of the bearers? The Gemara answers: Yalta is different, as she was afraid of falling and therefore required this special arrangement.

He said: These wealthy people are not descendants of our forefathers, but they came from the mixed multitude, as it is written: “And show you compassion, and have compassion upon you, and multiply you, as He has sworn to your fathers” (Deuteronomy 13:18), from which it is derived: Anyone who has compassion for God’s creatures, it is known that he is of the descendants of Abraham, our father, and anyone who does not have compassion for God’s creatures, it is known that he is not of the descendants of Abraham, our father. Since these wealthy Babylonians do not have compassion on people, clearly they are not descended from Abraham, Isaac, and Jacob.

The two Sages had one final set of queries for Abba Ḥilkiyya. And what is the reason that the clouds began to form on that side where the Master’s wife stood before your own side? He explained: Because my wife is frequently at home, and she gives bread to the poor, and therefore her provision of benefit to the needy is immediate, i.e., soon after the rains fall she is able to provide the needy with provisions. Accordingly, her prayers are answered without delay. In contrast, I give money to the poor, and consequently, the benefit of my gift is not immediate, i.e., it takes a lot of time before the rainfall results in my ability to give money to the poor. Alternatively, her prayers may have been answered first because when certain hooligans [biryonei] were living in our neighborhood, I prayed that they should die, but she prayed that they should repent. And indeed, they repented.

§ The mishna states: If one of these wives of the deceased brother was fit for the priesthood and one was unfit, ḥalitza should not be performed with the fit woman since doing so would needlessly disqualify her from the priesthood. Rav Yosef said that here, through this mishna, Rabbi Yehuda HaNasi taught the principle that one should not perform an action that will needlessly disadvantage others, and so a person should not spill out water collected in his pit that he does not need when others are in need of it.

One recites praise of the bride as she is, emphasizing her good qualities. And Beit Hillel say: One recites: A fair and attractive bride. Beit Shammai said to Beit Hillel: In a case where the bride was lame or blind, does one say with regard to her: A fair and attractive bride? But the Torah states: “Keep you from a false matter” (Exodus 23:7). Beit Hillel said to Beit Shammai: According to your statement, with regard to one who acquired an inferior acquisition from the market, should another praise it and enhance its value in his eyes or condemn it and diminish its value in his eyes? You must say that he should praise it and enhance its value in his eyes and refrain from causing him anguish. From here the Sages said: A person’s disposition should always be empathetic with mankind, and treat everyone courteously. In this case too, once the groom has married his bride, one praises her as being fair and attractive.

§ Apropos statements by Rav Yitzḥak ben Ḥananya, the Gemara cites other statements in his name. Rav Yitzḥak bar Ḥananya said that Rav Huna said: All foods may be withheld from before the waiter, as one who is a waiter at the meal must wait until the guests have eaten from every food and only then may he eat, except for meat and wine, as these foods arouse the appetite more and the waiter would suffer if he could not eat them together with the other participants. Rav Ḥisda said: This is referring only to fatty meat and aged wine. Rava said: It applies to fatty meat all year round but aged wine only during the season of Tammuz, in the summer. Due to the heat, the aroma of the wine is more pervasive at that time.

Rav Anan bar Taḥalifa said: I was once standing before Mar Shmuel, and they brought him a cooked dish of mushrooms, and if he had not given me some, I would have been endangered due to the craving that I suffered. Rav Ashi said: I was once standing before Rav Kahana, and they brought him slices [gargelidei] of turnip in vinegar, and if he had not given me some, I would have been endangered. Rav Pappa said: Even a fragrant date should be offered to the waiter. The Gemara concludes: The principle of the matter is: One should offer some of everything that either has an aroma or that has a sharp taste to whomever is present when it is served, so that no one suffer by being unable to partake of these foods.

It is related about two Sages, Avuh bar Ihi and Minyamin bar Ihi, that one of them was accustomed to give his waiter from every type of food that he ate, while the other one would give him only one of the types of food that he ate. The Gemara says: Elijah spoke with this Sage, but Elijah did not speak with that Sage, since he did not act with piety and caused his waiter to suffer.

From the statements of both of these tanna’im it can be learned that the requirement to prevent suffering to animals is by Torah law. As even Rabbi Shimon says that he disagreed with the opinion of the Rabbis only because the verses are not clearly defined; but had the verses been clearly defined, we would have learned the same a fortiori inference. Due to what factor can that inference be learned? What, is it not due to the matter of suffering of animals, which is a factor in unloading and not a factor in loading, that we would have learned the a fortiori inference?

MISHNA: Just as there is a prohibition against exploitation [ona’a] in buying and selling, so is there ona’a in statements, i.e., verbal mistreatment. The mishna proceeds to cite examples of verbal mistreatment. One may not say to a seller: For how much are you selling this item, if he does not wish to purchase it. He thereby upsets the seller when the deal fails to materialize. The mishna lists other examples: If one is a penitent, another may not say to him: Remember your earlier deeds. If one is the child of converts, another may not say to him: Remember the deeds of your ancestors, as it is stated: “And a convert shall you neither mistreat, nor shall you oppress him” (Exodus 22:20).

GEMARA: The Sages taught: It is written: “And you shall not mistreat [tonu] one man his colleague; and you shall fear your God, for I am the Lord your God” (Leviticus 25:17). The tanna explains: The verse is speaking with regard to verbal mistreatment. The baraita proceeds: Do you say that it is speaking of verbal mistreatment [be’ona’at devarim], or perhaps it is speaking only with regard to monetary exploitation [be’ona’at mammon]? When it says in a previous verse: “And if you sell to your colleague an item that is sold, or acquire from your colleague’s hand, you shall not exploit [tonu] his brother” (Leviticus 25:14), monetary exploitation is explicitly stated. How then do I realize the meaning of the verse: “And you shall not mistreat one man his colleague”? It is with regard to verbal mistreatment.

If torments are afflicting a person, if illnesses are afflicting him, or if he is burying his children, one may not speak to him in the manner that the friends of Job spoke to him: “Is not your fear of God your confidence, and your hope the integrity of your ways? Remember, I beseech you, whoever perished, being innocent?” (Job 4:6–7). Certainly you sinned, as otherwise you would not have suffered misfortune.

Likewise, if donkey drivers are asking to purchase grain from someone, and he has none, he may not say to them: Go to so-and-so, as he sells grain, if he knows about him that he never sold grain at all. He thereby causes the donkey drivers and the would-be seller anguish. Rabbi Yehuda says: One may not even cast his eyes on the merchandise for sale, creating the impression that he is interested, at a time when he does not have money to purchase it. Verbal mistreatment is not typically obvious, and it is difficult to ascertain the intent of the offender, as the matter is given to the heart of each individual, as only he knows what his intention was when he spoke. And with regard to any matter given to the heart, it is stated: “And you shall fear your God” (Leviticus 25:17), as God is privy to the intent of the heart.

Rabbi Yoḥanan says in the name of Rabbi Shimon ben Yoḥai: Greater is the transgression of verbal mistreatment than the transgression of monetary exploitation, as with regard to this, verbal mistreatment, it is stated: “And you shall fear your God.” But with regard to that, monetary exploitation, it is not stated: “And you shall fear your God.” And Rabbi Elazar said this explanation: This, verbal mistreatment, affects one’s body; but that, monetary exploitation, affects one’s money. Rabbi Shmuel bar Naḥmani says: This, monetary exploitation, is given to restitution; but that, verbal mistreatment, is not given to restitution.

The Gemara relates that the tanna who recited mishnayot and baraitot in the study hall taught a baraita before Rav Naḥman bar Yitzḥak: Anyone who humiliates another in public, it is as though he were spilling blood. Rav Naḥman bar Yitzḥak said to him: You have spoken well, as we see that after the humiliated person blushes, the red leaves his face and pallor comes in its place, which is tantamount to spilling his blood. Abaye said to Rav Dimi: In the West, i.e., Eretz Yisrael, with regard to what mitzva are they particularly vigilant? Rav Dimi said to him: They are vigilant in refraining from humiliating others, as Rabbi Ḥanina says: Everyone descends to Gehenna except for three.

The Gemara relates that the tanna who recited mishnayot and baraitot in the study hall taught a baraita before Rav Naḥman bar Yitzḥak: Anyone who humiliates another in public, it is as though he were spilling blood. Rav Naḥman bar Yitzḥak said to him: You have spoken well, as we see that after the humiliated person blushes, the red leaves his face and pallor comes in its place, which is tantamount to spilling his blood. Abaye said to Rav Dimi: In the West, i.e., Eretz Yisrael, with regard to what mitzva are they particularly vigilant? Rav Dimi said to him: They are vigilant in refraining from humiliating others, as Rabbi Ḥanina says: Everyone descends to Gehenna except for three.

The Gemara asks: Does it enter your mind that everyone descends to Gehenna? Rather, say: Anyone who descends to Gehenna ultimately ascends, except for three who descend and do not ascend, and these are they: One who engages in intercourse with a married woman, as this transgression is a serious offense against both God and a person; and one who humiliates another in public; and one who calls another a derogatory name. The Gemara asks with regard to one who calls another a derogatory name: That is identical to one who shames him; why are they listed separately? The Gemara answers: Although the victim grew accustomed to being called that name in place of his name, and he is no longer humiliated by being called that name, since the intent was to insult him, the perpetrator’s punishment is severe.

It is written in the previous verse: “Vayyiḥad Yitro for all the goodness that the Lord had done to Israel, whom He had delivered out of the hand of Egypt” (Exodus 18:9). Rav and Shmuel disagreed with regard to the meaning of vayyiḥad. Rav says: He passed a sharp [ḥad] sword over his flesh, i.e., he circumcised himself and converted. And Shmuel says: He felt as though cuts [ḥiddudim] were made over his flesh, i.e., he had an unpleasant feeling due to the downfall of Egypt. Rav says with regard to this statement of Shmuel that this is in accordance with the adage that people say: With regard to a convert, for ten generations after his conversion one should not disparage a gentile before him and his descendants, as they continue to identify somewhat with gentiles and remain sensitive to their pain.