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שבת שלום - פרשת נח
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Video Shiur
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Click play to watch the video shiur by Rav Pesach Wolicki
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News and Notes
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The yeshiva wishes mazal tov to our rosh yeshiva, Rav Scott Kahn,
to his parents, Robert and Harriet Kahn, and to the entire Kahn
family, on the engagement of his brother, Gabe, to Amy Margulies of
New York. Shetizku livnot bayit ne'eman b'yisrael!
Following the Sukkot break, the yeshiva began winter zman this past Monday.
The Beit Midrash has been humming with the sound of limud haTorah, as our
students resume their shiurim, as well as the many independent learning
projects they are committed to completing during the year.
This Shabbat is an in-Shabbat, and will be hosted by Rav Jeffrey Aftel
and his family. Rav Aftel will be speaking several times over Shabbat
on numerous topics, including a shiur entitled, "Maariv: Can't We Just
Skip It?" The oneg will take place at the home of Daniel and Lori
Esses of Beit Shemesh.
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The Court's Curse
By Rabbi Pesach Wolicki
Parashat Noach tells the stories of two societies. First, the Torah
recounts the events of the flood that resulted from the extreme
worldwide corruption. The second society was the one upon whom G-d
decreed dispersion as a result of their attempts to build a great
tower.
These two societies are mentioned in the context of an unusual
halacha. The Gemara in Bava Metzia (pages 47- 48) discusses a case of
a businessman who went back on his word by pre-paying or ordering
goods and later backing out before the deal was completed.
When such a person is sued in court, he is not obligated to pay any
financial damages to the plaintiff. After all, what financial damage
did he cause? However, he does not simply walk out of court innocent.
Jewish law mandates that the court judges essentially curse him and
say the following: "He who exacted payment from the men of the
generation of the flood and from the men of the generation of the
dispersion will exact payment from he who does not stand by his word."
This unusual Jewish law is difficult to understand for a few reasons.
If the one who backed out of the deal is exempt from any payment, why
is he getting cursed? Isn't he innocent? Additionally, what do the
sins of the generation of the flood and the generation of the
dispersion have to do with one who does not stand by his word in
commerce? For that matter, what do the sins of these two societies
have in common with each other?
In describing the sin of the generation of the flood, the Torah
states, "...for the earth was filled with thievery." The Talmud
elaborates, "Their decree was not sealed until they became involved in
theft." What does it mean when an entire society is involved in a
particular immoral behavior? Under normal circumstances immoral
behavior is at least partially defined by the fact that it is deviant.
If an immoral behavior is so prevalent that it becomes the rule rather
than the exception, it is no longer deviant. The immorality would thus
be perceived as legitimate. A perpetrator in such a context would feel
perfectly justified. After all, everybody's doing it.
"Rabbi Chanina said, 'The people of the generation of the flood would
behave as follows. A merchant would set out his barrel of seeds. Each
one would pass by and steal less than a peruta's worth (a penny). Not
one of them could be found guilty in court." (Midrash Bereshit 31:5)
Each person would walk by the stall in the market and take a few small
seeds. At the end of the day the merchant would be left with nothing
despite not one customer having paid. Not one of them was technically
liable as the amount of the theft was below the legal threshold for
prosecutable theft.
Theft that isn't really theft. Each person could sleep at night
feeling justified that they didn't really cause any harm.
The sin of the generation of the dispersion is even more puzzling.
The text is so vague that the Talmud was led to ask "What did they
do?" (Sanhedrin 109a) The Talmud proceeds with numerous suggestions as
to what sinister motives they possessed. The act of sin is anything
but clear. Most of the opinions point to some motive of rebellion
against G-d.
One who is sued for going back on his word and walks out of court
without having to pay any damages feels vindicated. The lack of
punishment is equated in his mind with his innocence. "What harm did I
cause?"
To this thought is the curse of the judges addressed. "Yes, you are
walking out of here without having to pay any damages. You think of
yourself as innocent. So did the thieves of the generation of the
flood and the heretics of the generation of the dispersion. With
'innocent' people like you societies get destroyed."
Openly deviant immoral behavior does not destroy society. Ideally it
is recognized as criminal and punished as such. The destruction of
society comes when immoral evil behavior is redefined as acceptable
both in the minds of the perpetrators and in the minds of the rest of
the society.
The curse of the court warns against judging the acceptability of a
certain behavior by the legal ruling addressed to it. That an act is
not punishable does not make it morally acceptable.
People frequently justify their wrongdoings by downplaying the
results. This kind of rationalization leads to a weakening of our
definitions of right and wrong. This affects how we raise and teach
our children and how we behave towards others on a daily basis.
Instead of rationalizing, it is incumbent upon us to demand a higher
standard from ourselves. This is the path that leads to a stronger
society built on mutual respect and acceptance of the morality of
G-d.
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