דף הביתשיעוריםAvot

Avot080

נושא: Avot

BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel


RABIN MISHNAH STUDY GROUP

Bet Midrash Virtuali
TRACTATE AVOT, CHAPTER ONE, MISHNAH EIGHTEEN (recap):

Rabban Shim'on ben-Gamli'el used to say: The world stands on three things: on law, on truth and on peace; as is said, "Judge in your gates truth and the justice of peace".

EXPLANATIONS (continued):

17:
Rabban Shim'on ben-Gamli'el is one of the unsung heroes of the whole of the Mishnaic period. He assumed the presidency of the Sanhedrin when the fortunes of the Jewish people were at a nadir the like of which, possibly, our people had never yet known. The land of Judah (the southern part of Eretz-Israel) had been devastated. It was no longer possible for the Sanhedrin to meet even in Yavneh, let alone Jerusalem. The Sanhedrin moved to the village of Usha in Lower Galilee.

18:
Rabban Shim'on ben-Gamli'el was possessed of personal attributes and knowledge that made him supremely fitted for the task of rehabilitation that fell to his lot. He recalls that in the school where he learned there were a thousand children, half of whom (himself included) were taught Greek language and philosophy. It is, perhaps, a sad commentary on the tragic circumstances of the age that he adds that of all of those children only two had survived: himself and his brother. Judging from some of the halakhic statements that are attributed to him throughout rabbinic literature we must assume that his education also included botany, biology, human anatomy and medicine. Nowhere does he (or anyone else) mention where he got his halakhic education. Perhaps we may hazard a guess when we note that he accorded particular honour to Rabbi Yosé ben-Ĥalafta, often using him as an address for halakhic questions.

19:
The earlier part of the presidency of Rabban Shim'on ben-Gamli'el was completely overshadowed by the bar-Kokhba tragedy and its aftermath. In the Gemara [Shabbat 13b] he is quoted has saying that if his generation were to write down a record all their sufferings they would not have enough space (or time) to do so.

20:
He re-organized the way the Sanhedrin was run. Until the time of Rabban Gamli'el (the great-grandfather of Rabban Shim'on ben-Gamli'el) there had been a dual leadership. The descendents of Hillel had rather overshadowed their partners who are virtually anonymous. Rabban Shim'on ben-Gamli'el made this a permanent arrangement. It was recognized that now the sole head of the Sanhedrin was the President to whom was accorded all the honour and all the responsibility. He was assisted by two other sages bearing a lesser title and lesser privileges. Rabbi Natan was his Av-Bet-Din and Rabbi Me'ir was appointed to the new office of Ĥakham.

21:
Rabban Shim'on ben-Gamli'el almost invariably took a lenient approach to halakhic matters. Seven instances are recorded where he relaxed earlier rabbinic prohibitions. The Jewish Encyclopedia summarizes his halakhic tendencies as follows:

He always took into consideration the common usage, and he often maintained that the ultimate decision must follow common tradition [Ketubot 6:4, Bava Metzi'a 7:1, Bava Batra 10:1]. The habits of the individual must also be considered [Ta'anit 30a]. In his regulations regarding the legal relations of man and wife he made it an invariable rule to protect the rights and the dignity of the latter in preference to those of the former [Ketubot 5:5, 7:9, 13:10]. He endeavored to protect the slaves and secure to them certain rights [Gittin 12b, 37b, 40b]. The weal of the community is more important than the interests and rights of the individual, and the latter must be sacrificed to the former [Ketubot 52b, Gittin 37b]… Simeon’s decisions are mostly founded on sound common sense and an intimate acquaintance with the subjects treated, and, with three exceptions [Bava Batra 173b, Gittin 74b, Sanhedrin 31a], his views, as set forth in the Mishnah, have been accepted as valid [Gittin 75a].

22:
Perhaps his most endearing statement [Bereshit Rabba 82:10] is in a sense a monument to himself:

It is unnecessary to erect monuments to the pious: their sayings preserve their memory.

To be continued.

DISCUSSION:

The question of Lashon ha-Ra and modern democracy is not yet exhausted. I have held over this message from Al Sporer lest participants should think that I wished to influence the outcome of the US Presidential election:

When Yitzhak Rabin was assassinated a number of prominent Rabbis in the US appeared to justify the assassination on Halakhic grounds. I was so incensed at the actions that I discussed with some fellow congregants of a shul I attended about taking action to Boycott this Rabbi at a local public meeting at which this particular Rabbi was scheduled to preside. One of the congregants cautioned me that I was engaging in Lashon Hara. Subsequently I attended a lecture by Rabbi Joseph Telushkin on the subject of Lashon Hara and after that meeting I had a chance to discuss with him the issue of whether urging action to boycott this Rabbi constituted Lashon Hara. Rabbi Telushkin pointed out that the distinction is what action you expect from the person to whom you convey truthful information about a third person. If it is merely to pass on information which results in sullying the reputation of a third party then it is indeed Lashon Hara. However, if the purpose is to urge action that would prevent harmful action by the third person then it is not Lashon Hara. For example if you know that a third party is a convicted child molester then it is not Lashon Hara to tell a parent, not to allow their children to socialize with this third party, because of the conviction of this person. Likewise, if you learn that a candidate for reelection, like President Bush, used suspect information to convince the UN and Congress to vote for war in Iraq, then it is not Lashon Hara to urge voters to act on that information and not to vote for him.

PLEASE NOTE:

Even though I am officially on vacation I hope to send out as many shiurim in this series as possible. Please forgive me if here and there I should fail in my good intentions. Please note that chapters 7 and 8 have been added to the Sanhedrin Archive.


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