Justice for the Wicked
The Torah writes, (Shemos 23:6), "Don't pervert the
judgment of your pauper in his quarrel," on which the
Mechilta comments, "Your pauper," means a pauper in
mitzvos. Don't say, `Since he is an evildoer, I will pervert
his judgment' . . . " We need to understand what new point
the Torah is making by telling us not to pervert the
judgment of a rosho. Why would we have thought it
permitted, if not for the Mechilta's
interpretation?
I heard a story from the gaon HaRav Eliyohu Lopian
zt'l, about the gaon HaRav Chaim Leib
Stavitsker zt'l, author of the sefer, Pnei Aryeh
Hachai. Reb Chaim Leib was known for his great zeal in
defending Heaven's honor. On a day when he had to engage in
a protest against some desecration of Hashem's Name, he
would first cry in prayer to Hashem to protect him from
erring in any way. This is true zeal, entirely for the sake
of Heaven.
In Stavitsk, there were many (foolish) maskilim,
among them the town's pharmacist, who was a mechalel
Shabbos, R'l. One of the leading figures in the Jewish
community, an honorable and G-d fearing man, had a monetary
dispute with the pharmacist and the two of them came to put
their case before Reb Chaim Leib for his verdict. Reb Chaim
Leib ruled that the communal leader was obliged to pay and
that the pharmacist was free of any liability. The communal
leader did not accept Reb Chaim Leib's ruling and the case
reached the gentile court, which ruled in favor of the
communal leader. The pharmacist came to ask Reb Chaim Leib
for advice.
"Go and lodge an appeal at the high court in St.
Petersburg," Reb Chaim Leib told him, "and I will come to
help you put your case."
The pharmacist did so and the hearing was fixed in St.
Petersburg for ten o'clock on Shavuos morning. Reb Chaim
Leib travelled to St. Petersburg on erev yom tov,
forgoing yom tov in Stavitsk in order to be present
to help the pharmacist as he had promised. People said every
year that whoever hadn't heard Reb Chaim Leib's
brochos over the Torah when called up on Shavuos for
the reading of the Aseres Hadibros, had not felt the
true meaning of the giving of the Torah at Mt. Sinai. Reb
Chaim Leib nevertheless travelled to St. Petersburg and
appeared in court on Shavuos, in order to testify on behalf
of the pharmacist.
Upon his return, Reb Chaim Leib was asked by his friends,
"Granted, the Rov really does think that the pharmacist is
correct in this case, but why does that warrant such a
sacrifice, going away for Shavuos in order to appear as a
witness for him?'
Reb Chaim Leib responded, "What are you so surprised about?
It's an explicit commandment!" And he quoted the
Mechilta [cited above], "Even if he's a rosho . .
.`you shall not pervert the judgment of your pauper,' "
concluding, "What is the difference then, whether I'm in St.
Petersburg or in Stavitsk?"
Despite the Way it Looks
The question which we raised earlier still stands however.
Why would we have thought that it is permitted to allow an
evildoer's judgment to be perverted?
We can answer this with a parable which takes its
inspiration from an incident that befell the Chofetz Chaim
zt'l during the period when he used to travel from
town to town selling his seforim.
Once, on erev Shabbos, the Chofetz Chaim needed a
place to leave his money. He made his way to the town's rav
and entrusted it to him. After Shabbos, the Chofetz Chaim
came to take his leave of the rav but he made no mention of
the sum with which he had been entrusted. The rav was
surprised at how the Chofetz Chaim could transgress the
words of the gemora (Bovo Metzia 75), which says
that, "Three [classes of] people cry out [in prayer] and are
not answered" (Rashi explains that this is because they are
responsible for their own misfortunes). One of the three is
a person who lends money to others without witnesses. The
gemora says that a talmid chochom, whose mind
is occupied with his learning, is more liable to forget
[having been lent the money] than others. The rav thought,
"If the Chofetz Chaim asks for his money, I'll give it to
him but I'll reprimand with [having ignored] the
gemora's advice."
However, the Chofetz Chaim's conduct astonished the rav. He
left the house without asking for his money. The rav
accompanied him and just before he left the town, the rav
asked him, "What about the money that you left with me?"
The Chofetz Chaim replied, "Since I deposited it with you
without witnesses, and the gemora says that someone
who does this is one of those whose prayers [in this matter]
are not answered, I cannot claim the money from you. I
therefore forwent the money and did not ask you for it, and
neither do I want it, for it is already not mine."
The rav responded, "If so, then I'm giving it to you as a
gift."
The Chofetz Chaim replied, "Sonei matonos
yichyeh."
They ultimately came to a compromise and gave the money to
tzedokoh.
Imagine the Chofetz Chaim, who was scrupulously careful when
dealing with other people's money, going to a din
Torah with someone who was known to be a great
rosho. We would certainly assume that the Chofetz
Chaim was right in his arguments and if the dayanim
reached any other conclusion, we would be sure that they had
made a mistake. However, the Torah does not look at it this
way and commands us not to "pervert the judgment of your
pauper in his dispute," even if he is a pauper in mitzvos,
as the Mechilta explains.
The facts are what the Torah tells us, not what our eyes
see, which in the above example would be to assume that if
the greatest tzaddik of the generation is a party to
a dispute, he must be correct. There is halochoh and
Shulchan Oruch and they alone determine who is
right!
The Power of Falsehood
The posuk (Shemos 23:7) tells us, "Distance yourself
from a false matter . . . " The gemora (Shavuos 31),
tells us, "If two parties [to a dispute] come before beis
din, one of whom is dressed in rags and the other in an
outfit worth a hundred moneh, how do we know that we
[have to] say to him [i.e. the wealthier one], `Either dress
yourself like him or clothe him like you are clothed?' --
[Because] the Torah says, `Distance yourself from a false
matter.' We may not even start hearing the case while one of
the parties is dressed better than the other one."
Chazal tell us (Yevomos 109), that "A dayan
should always see himself as having a sword between his
thighs, and Gehennom open beneath him." Our master
and teacher zt'l commented that we need to understand
the particular relevance of the sword being between his
knees, rather than in front of him, which is the expression
used by the gemora when speaking about an
oveil who, during the shivoh, "should imagine
that there is a sword resting in front of him"? (Moed
Koton 27).
[He explained that] when a dayan is about to hear a
dispute, he should feel that the danger he is in of
perverting his judgment, is as immediate as that of someone
with a sword between his thighs, whose slightest wrong
movement will immediately cause him injury. The dayan
should also be aware that Gehennom is open
"beneath him" -- not far off in Olom Haboh and
not even at a slight distance away -- but "in front of him,"
actually beneath him.
Why is the danger so immediate? Because if one of the
disputants is well-dressed, the dayan will virtually
automatically tip the judgment in his favor. The man's very
appearance acts as a "bribe" and the dayan will
acquit him because of his golden buttons. This is utter
falsehood, concerning which the Torah warns us, "Distance
yourself from a false matter!"
The Torah doesn't fix any distance. Go as far away as you
can! The dayan must tell them to leave the room and
he must instruct the one who is better dressed either to
provide similar clothing for his opponent, or to dress on
the same level as him. Only when they have carried out these
instructions can they return and have their case heard.
See what great power a person's eyes have! A few moments
earlier, this man, the wealthier party, was dressed in a
high class suit and now that the dayan sees the very
same person in front of him dressed in rags, there's no
longer any danger of his perverting the judgment! Right now
he sees that the two of them are dressed similarly. It makes
no difference how much of a gaon or a tzaddik
the dayan is. There is always a danger that he'll
pervert the true judgment according to what he sees in front
of him.
Remove the False Allure!
The gaon Rav Yisroel Salanter zt'l, extended
the interpretation of Chazal's admonition to a dayan
to each and every person, because each person is a
dayan for himself. As soon as a person rises in the
morning, he must preside over a confrontation between two
disputants -- the yetzer hatov and the yetzer
hora.
The yetzer hora is dressed in a beautiful suit of
clothes and paints all the pursuits of Olom Hazeh in
glowing hues, telling the person, "Why shouldn't you send
your son to learn a trade? It will be a positive thing for
Torah as well, because with a trade in hand, he'll have the
peace of mind to fix times for learning. Even though he
doesn't need money right now, he will need it after he gets
married and then he'll be able to have Torah as well as a
livelihood."
On the other side is the yetzer hatov, who warns the
person that those arguments are false. If the man's son
doesn't learn when he's young, he certainly won't even open
a gemora to learn from after he's married. The two
adversaries struggle with each other. To whom will the
person, who is his own judge, listen? What can he do to
ensure that he doesn't listen to the falsehoods and the
allures of the yetzer hora?
Our master and teacher said, "Take Chazal's advice,
(Brochos 5): `A person should always make his
yetzer hatov annoyed with his yetzer hora.' "
Rashi explains that he should have his yetzer hatov
wage war against his yetzer hora. What tactic will
ensure the yetzer hatov's victory in this battle? The
person should remove the yetzer hora's tailored
clothing, to reveal how much falsehood there is underneath,
and moreover, that the truly fine clothing is worn by the
yetzer hatov -- "Taste and see that Hashem is
good...." (Tehillim 34:9). By contemplating how much
pleasure there is in learning Torah and studying works of
mussar, a person will feel [where true contentment
lies] and will provoke his yetzer hatov against his
yetzer hora.
I heard the gaon and tzaddik Rav Yechezkel
Levenstein zt'l, say, "I've heard other people say,
`It's impossible for us to learn mussar because it
makes us depressed,' chas vesholom. The opposite is
true. When I learn mussar it makes me joyful because
I see that there is a remedy and a cure to the plague of the
yetzer hora and Hashem's orders are upright,
gladdening the heart' (Tehillim 19:9)." If a person
learns mussar, he'll clothe his yetzer hatov
in a suit worth a hundred moneh.
The Condition for Protection
Chazal say further (in Brochos) "If he defeated the
yetzer hora, well and good, and if not, he should
occupy himself with learning Torah." By "occupying oneself
with learning Torah" Chazal meant learning with desire and
pleasure, as though one were busy with some business pursuit
of one's own.
HaRav Yitzchok Blazer zt'l, raised a difficulty on
this gemora in Brochos: "Rabbi Levi bar Chamoh
said in the name of Rabbi Shimon ben Lokish, `A person
should always antagonize his yetzer hatov against his
yetzer hora, as the posuk (Tehillim 4:5) says,
"Quake [or, "provoke," implying being both the instigator
and the subject of the provocation, which fits the
gemora's understanding of a person provoking his own
yetzorim, one against the other] and do not sin." If
he was victorious, good. If not, he should occupy himself
with learning Torah, as the [continuation of the same]
posuk says, `say in your hearts". In other words, he
should learn Torah with all his heart.
However, the gemora continues, "If he was victorious,
good. If not, he should read Krias Shema." How can a
person not be successful in defeating the yetzer
hora, when Hashem says, "I created the yetzer
hora and I created Torah as an antidote" (Kiddushin
30)? If this person learned Torah with all his heart,
how can he have been unsuccessful in defeating the yetzer
hora?
Chazal (Brochos 62) tell us however that, "Whoever
treats garments lightly will ultimately derive no benefit
from them." Hakodosh Boruch Hu gave clothing the
property of warming a person. However, if a person treats
clothing with disrespect, the benefit which he gets from it
will be taken away. Just as a certain attitude brings a
certain result in the material realm, so it is in the
spiritual realm. Chazal (Sotah 22) tell us that,
"Torah protects and saves." Rashi explains, " `It protects'
from suffering `and saves' from the yetzer hora." If
a person has no respect for Torah, then even if he occupies
himself with Torah, he will not benefit from Torah's saving
him from the yetzer hora.
This is why Chazal say [that if learning has not helped
him], he should read Krias Shema and accept the yoke
of Heaven's rule and through this, he should honor Torah,
namely, learn Torah in fear and dread and respect it,
recognize that there is no life outside of Torah and taste
the pleasure of Torah, as the posuk says, "Taste and
see that Hashem is good."
"For life [is dependent upon] His will" (Tehillim
30:6), meaning, that there is no sensation of being
alive and of enjoyment of life, unless life is lived "in His
will," i.e. in the fulfillment of Hashem's will. A person is
mistaken if he allows himself to be drawn after worldly
pleasures because he thinks that they represent true
enjoyment. He'll only enjoy the first few moments. The more
he follows the pleasures of this world and gets used to
them, the more he'll see how false they are.
At first they glitter but he'll see later that they are lies
and vanity. Moreover, from being pleasures they become
liabilities, for they give him no peace and he becomes a
slave to his desires.
The more a person toils in Torah and the more he enjoys it,
however, and the more he immerses himself in its clouds of
purity, both his body and soul have uninterrupted pleasure,
he merits everlasting life in both Olom Haboh and
Olom Hazeh, and his joy lasts forever, as the
posuk says, "Hashem's orders are upright, gladdening
the heart."
The Desired Effect
HaRav Yisroel Salanter adds that if someone wants to go
straight to the last stage of the remedy and remember the
day of death (as Chazal conclude in Brochos, "If [he
was] not [victorious by saying Krias Shema], he
should remember the day of death") this might not help him.
Just as there is a certain order in a campaign waged by one
country against another, there is an order in the campaign
waged against the yetzer hora.
First, "He should provoke the yetzer hatov against
the yetzer hora. Earlier, we quoted Rashi's
explanation, that "he should wage war against the yetzer
hora," which he does by learning Torah and
mussar. Then, he reads Krias Shema, and
following that, he remembers the day of death. He will then
be victorious, but only if he follows this order.
Eisov also remembered the day of his death, yet the posuk
(Bereishis 25:32) tells us that he said, "Lo, I am going
to die and what do I need this birthright for?" [His
attitude was that illustrated by the mindset shown in] the
posuk (Yeshayah 22:13), "But lo, gladness and
rejoicing, slaughtering cattle and slaughtering flock . . .
`Eat and drink for tomorrow we die!'," which Chazal say is
the trait of the middling group (Taanis 11). The
outcome of which, continues the posuk, is, "And it
will be revealed in Hashem's ears . . . if you will atone
for this sin until you die." [Meaning that you will not
atone for it.]
We have brought the beraissa in maseches Kallah,
perek 3, "It is the way of talmidei chachomim to
fear sin, to enquire after people according to their deeds,
to say about what they have in the world, "I have no desire
for it, for the whole world is not mine." Happy are the
talmidei chachomim who recognize the matters of this
world are not theirs! They are thus certain to possess
Olom Haboh, as well as pleasure in Olom
Hazeh.
May we merit Hashem bestowing everything good upon us,
omein seloh!
