In this column, we previously discussed Rabbah Bar Bar Chana’s workers who broke the barrels of wine they were hired to transport (Bava Metzia 83a). Rabbah attempted to enforce a rightful claim of negligence against them. Rav, though, instructed Rabbah to let the workers off. Since they did not break the barrels on purpose, Rav deemed it appropriate that Rabbah should go beyond the letter of the law and let the matter slide. Incredibly, since the workers were poor, Rav instructed Rabbah to pay their wages as well, even though Rabbah received no benefit from their labor.
One might wonder how we should react to such a story. Is the point for us just to realize the sages were so great as to forgive rightful negligence claims and pay out undeserved wages? We could not possibly be expected to follow suit. Or perhaps even though those sages occupied a higher spiritual level than ours, we are nevertheless directed to follow their example 1,000 years later.
The Aruch HaShulchan (compiled and written by Rabbi Yechiel Michel Epstein, 1829–1908) takes the latter approach. The Gemara (99b) returns to the topic of workers breaking barrels. After discussing all the relevant halachos from that daf, the Aruch HaShulchan ends with the following (C.M. 304:11):
Our sages have said that even in a scenario where workers are obligated to pay for their damages, nevertheless it is a mitzvah to go beyond the letter of the law and not collect damages. This would not apply where they intentionally caused damage. However, regarding a situation where the damage was only due to negligence, the verse states, “in order that you follow the ways of the good.” Moreover, if the workers are poor and have no food to eat, he should pay them their wages. On this it is written, “And the path of the righteous you should guard.” This is the way our sages conducted themselves. And the Gemara implies that a judge is obligated to tell the employer-plaintiff that such is the proper conduct to follow. He should further tell him that even though he is not obligated to conduct himself this way, this is what good and righteous people do. If the plaintiff listens, fine; if not, we do not enforce this conduct.
Earlier in the mesechta (30b) the Gemara quotes Rebbe Yochanan as saying, “Yerushalayim was destroyed because they followed the strict law and refused to go above and beyond the letter of the law.” The commentators ask that this contradicts other passages that indicate that Yerushalayim was destroyed on account of other aveiros.
The Chofetz Chaim answers this question in Sefer Shemiras HaLashon (Shaar HaZechirah, 2nd perek). The following is a loose translation:
If one conducts himself with others to never forgive an iota of what he is due, and to not have compassion on them, he strengthens the strict attribute of justice on the entire world and himself. Because in Heaven they will likewise treat him in kind and not forgive an iota of his sins. This is the intent of the passage in Bava Metzia, “Yerushalayim was destroyed because they followed the strict law and refused to go above and beyond the letter of the law.” How could this be? The verses clearly state there were other sins. Yet now it is understandable. In spite of their sins, Hashem would have dealt compassionately with them if only they had done the same to others. However, the people conducted themselves strictly according to the letter of the law, never budging an inch. Hashem therefore dealt with them in kind.
This indeed is a powerful lesson as we approach Asarah B’Teves. Nevuchadnezzar laid siege to Jerusalem on the tenth of Teves. That action culminated with the destruction of the first Beis HaMikdash. One way the destruction could have been prevented was if K’lal Yisrael had gone beyond the letter of the law in financial matters and not always insisted on their due.
The Shulchan Aruch (580:2) notes that there is an ancient custom to fast on the ninth day of Teves. According to the Magen Avraham, the custom was instituted by the sages of the Talmud. However, the Shulchan Aruch notes that there is no known occurrence specifically associated with the fast on the ninth. This year, when the ninth of Teves is on Shabbos, presumably we should have in mind the following events when we fast on Sunday.
The Taz suggests that the fast is to commemorate the passing of Ezra HaSofer. Ezra lived at the time of the building of the second Beis HaMikdash. He made many decrees preserving the Torah way of life and keeping our Jewish lineage sacred. Our Chazal extol his virtues by stating that he could have been chosen to give the Torah. The BaHaG states that Nechemyah’s yahrzeit is also on the ninth of Teves. Nechemyah assisted Ezra HaSofer in helping the newly established community in Eretz Yisrael. When he heard of the troubles facing the new citizens, he davened to Hashem for success in using his influence with the Persian king, for whom he served as a top aide. Hashem blessed his efforts with success, and he was able to go to Yerushalayim with the king’s backing and fortify the city’s walls as a defense against the enemy.
The passing of these two great tzaddikim was a terrible blow to the newly formed community. The passing of any tzaddik really warrants a fast, but most certainly in this case. It is interesting to note that the Shulchan Gavo’ah opines, based on the Selichos of Nusach Sephard, that in fact Ezra HaSofer passed away on the tenth of Teves. However, the sages wanted to commemorate his passing on a different day in order that it not be overshadowed by other sad events that happened on the tenth of Teves.
The commentary of Tosfos Chaddashim on Megillas Taanis notes that Yeshu, the posheia b’Yisrael sometimes referred to as Oso HaIsh, was born on the ninth of Teves. The suffering and tribulations that the Jewish nation experienced throughout the years as a result of his religion cannot be measured. If that was the reason for the fast on the ninth of Teves, it would explain the Shulchan Aruch’s reticence about stating the reason behind the fast.
Rabbi Boruch Frankel wrote in his glosses to Shulchan Aruch that Shimon HaKalphas died on the ninth of Teves. Presumably he is referring to Shimon Kepha, who (according to some) was sent by the rabbis to preserve Torah Judaism.
The following is from a translation of an ancient book called Toldos Yeshu: “The Sages desired to separate from Israel those who continued to claim Yeshu as the Messiah, and they called upon a greatly learned man, Simeon Kepha, for help. Simeon went to Antioch, the main city of the Nazarenes, and proclaimed to them: ‘I am the disciple of Yeshu. He has sent me to show you the way. I will give you a sign as Yeshu has done.’”
He added that Yeshu desired that they separate themselves from the Jews and no longer follow their practices: “They were now to observe the first day of the week [as the Sabbath] instead of the seventh; the New Year instead of Chanukah; they were to be indifferent with regard to circumcision and the dietary laws . . . All these new ordinances which Simeon Kepha (or Paul, as he was known to the Nazarenes) taught them were really meant to separate these Nazarenes from the people of Israel and to bring an end to the internal strife.”
People would no longer confuse the new religion with Judaism. Due to the great things Shimon HaKalphas did to preserve Yiddishkeit, his yahrzeit might be the reason for the fast on the ninth of Teves.
The Raavad, in his Sefer HaKabbalah, notes another sad occurrence that took place on the ninth of Teves. (The following is a paraphrase of parts of the Raavad’s account.) Rabbi Shmuel HaLevi was appointed prince in the year 4787 (1027), and he conferred great benefits on the Jewish people in Spain, in northeastern and north-central Africa, in the land of Egypt, in Sicily, and as far as the Babylonian academy and Yerushalayim. All of the students who lived in those lands benefited from his generosity, because he purchased for them numerous manuscripts of the Mishnah and the Talmud. (Printing had not yet been invented; manuscripts were very expensive.) Besides this, he furnished olive oil every year for the lamps of the synagogues in Yerushalayim. He spread the knowledge of the Torah and passed away at a ripe old age, having acquired the four crowns of Keser Torah, Keser Gedulah, Keser Leviyah, and, most important, Keser Shem Tov.
Rabbi Shmuel HaLevi died in the year 4815 (1055) and his son, Rabbi Yosef HaLevi, succeeded him as prince. Of all the good traits of his father, he lacked but one: he was not humble like his father, because he grew up in riches and never had to bear the yoke of poverty in his youth. The Berber princes were jealous of him, with the result that on the Shabbos of the 9th of Teves in the year 4827, he and the Jewish community of Granada were murdered. About 150 families were killed. (This is the first known massacre of Jews in Spain by Muslims.)
The Birchei Yosef writes that the Sages who instituted the fast on the ninth of Teves were purposely vague regarding the true purpose of the fast, because they saw, through Divine inspiration, that additional tragedies, other than the passing of Ezra and Nechemyah, were destined for that day. Perhaps all of the aforementioned occurrences were intended to be the reasons for the fast. For the vast majority of people, who do not fast on the ninth of Teves, we can have in mind these occurrences while we are fasting on the tenth. All the more so this year, when the ninth of Teves falls out on Shabbos.
The Mishnah Berurah (549:1) writes that on a fast day one should recall the tragedies of the day as a way of arousing oneself to do teshuvah; the fast is only a preparation for teshuvah. Regarding one who fasts and is otherwise not engaged in teshuvah, he writes, “Hiniach ha’ikar v’tafas hatafel.” In other words, he grabbed the wrapping and left the presents.
We should all have a meaningful fast and merit seeing the third Beis HaMikdash speedily in our days.
Maggid shiur and Rebbe at Yeshiva Ateres Shimon in Far Rockaway. He leads the Daf Yomi chaburah at Eitz Chayim of Dogwood Park in West Hempstead, and writes “Delving into the Daf” each week for The Jewish Home.
