Downsizing: Aggada -- Darche Noam Institutions

(Inspired by a talk given by Rav Yosef Blau, Mashgiach Ruchani of Yeshiva University in his visit to Yeshivat Hakotel in 5741) The text of the gemara is in bold face and our comments are in standard type.

Rabba bar bar Chana’s porters broke one of his barrels of wine. -- According to Rashi’s commentary they were negligent and clearly liable for damages. According to the law books they owe money to Rabba bar bar Channa. (Our presentation will follow Rashi’s approach; see also the Maharsha’s and the ?? commentaries for a different direction.)
He claimed their cloaks. -- If one owes money and does not have cash it is legitimate to claim the equivalent in property. [According to the Ramban’s commentary because he wanted to insure that they would go to court with him.]
They went and informed Rav. Rav [and his colleague Shmuel] were the two greatest sages in the Babylonian Jewish community. Rabba bar bar Channa was also a sage, but not of Rav’s caliber.
He (Rav) said to him, “Give them back their cloaks.” -- Surprising, in a situation of clear liability.
He (Rabba bar bar Channa) asked, “Is this the law?” -- Knowing what the law books say about negligent porters
He responded, “Yes. ‘So that you walk in the way of the good.’”, quoting a verse in Mishlei (Proverbs) 2:20. You must go beyond the letter of the law (“lifnim mishurat hadin”) and forgo the damages coming to you.
He gave them back their cloaks.
They said to him (Rav), “We are poor, we worked all day, we’re hungry, and we have nothing.’” -- They certainly felt comfortable voicing their grievances to the greatest sage of their generation.
He (Rav) said to him (Rabba bar bar Channa), “Give them their salary.” -- !!
He asked, “Is this the law?” -- The porters were very likely contractors paid for their job and certainly had no legal claim on their salary.
He said, “Yes. ‘And you should watch the path of the righteous.’” -- the end of the same verse in Mishlei (2:20).
Note a number of distinctions (pointed out by the Vilna Gaon [1720-1797]) between the first and the second half of the verse:
A. “the good” vs. “the righteous”;
B. “the way” vs. “the paths”; and
C. “walk” vs. “watch”.

The two halves of the verse relate to two different standards of character. The first half speaks about moral standards that apply to the rank and file. In some situations even “normal” people should relinquish payment for damages which is coming to them. All people are to go beyond the letter of the law, as the Talmud states, “The Temple was only destroyed because people only adhered to the strict letter of the law.” (Shabbat??) This is the “way”, the wide highway that all the “good” people “walk” on.

There is another standard of character, though, that of the tzaddikim, the righteous. They must “watch” their step as they maneuver the special small “path” that is their’s. They might be called upon to not only reliquish that which is coming to them, but to give even to those who don't have it coming to them.

Rabba bar bar Channa was first demanded by the law to relinquish the payment due to him by the poor porters, to go beyond the letter of the law. This was not considered just a nice act of altruism but legally required normal behavior. In the second stage of the story he is also required by the law to pay salaries to his negligent workers despite their not doing their jobs. This is surprising. Rav does not call this giving charity but paying them their salaries. Because of his righteousness, he is subject to a higher standard of behavior than that of the rank and file. His path, taught to him by Rav involved paying poor contracted porters who broke his merchandise as if they were day laborers getting paid for the hour.