Alexander
the Great and the Two Litigants:
A Case
of Religious One-Upmanship
A number
of aggadic passages depict Alexander the Great's moral encounters
with the kingdoms he conquered. One aggada (Vayikra Rabba 27:1)
touches on an issue that spiritually-involved people often become
preoccupied with - religious competition. The setting is the Kingdom
Beyond the Mountains, and Alexander has just met its king. [Comments
are in parenthesis.]
"I want
to see your judicial system," asks Alexander. As they (Alexander
and the king) are speaking two men enter before the king for judgment.
One litigant
says, "My master the king, I bought a broken down property from
this man, dug in it and found a treasure. I told him to take back
the treasure. I only bought a piece of property, not a treasure."
The other
litigant said, "Just as he is afraid of the punishment for theft,
so am I. When I sold him that property I included everything within
it in the sale."
The king
called over one of them and asked, "Do you have a son?" He answered,
"Yes." He called the other and asked, "Do you have a daughter?"
He answered, "Yes." Said the king, "Have the two marry and you will
together benefit from the treasure."
Alexander
looked at this scene with amazement. The king asked him, "What are
you so amazed at? Did I not judge well?" Alexander replied, "Yes,
you did." "And if the same case came before a court in your land
what would you have done?" asked the king. Alexander replied, "We
would have beheaded both of them and the treasure would have fallen
to the royal treasury."
"Does the
sun shine in your land?" asked the king. "Yes," answered Alexander.
"Does rain fall in your land?" "Yes." "Perhaps there are small animals
in your kingdom?" "Yes." ". . . It is only in the merit of the small
animals that the sun shines and the rain falls in your land. You
are left unpunished in the merit of the small animals, as it is
written, `Man and animal You save, O G-d.' You save man in the merit
of the animals.
Three positions
are presented in the story - Alexander and his kingdom, the king/judge,
and the two litigants. Alexander's and his kingdom's moral stance
is clear; they are takers; murder justifies the accumulation of
wealth. They are ready to kill the two pious litigants as long as
they get the treasure at the end. The king and the litigants both
seem to represent goodness in this midrash. However, there is a
significant difference between the king's approach and that of his
two litigants.
The litigants,
despite their piety, did not solve their problem out of court. They
argue about who will get stuck with the treasure -- and be considered
a thief. The second litigant verbalizes this, "Just as he is afraid
of the punishment for theft so am I." They are not takers, but they
are not givers either. Each wants to make sure he is a Non-Taker,
and they compete about which of them will give in.
The king
teaches his subjects two lessons. First, he tells them, "Let us
work out a way that both of you can be givers." He built on the
concern both had about others' property and took it a step further.
Do not stop at being non-takers, he said, but go on to be mutual
givers. Furthermore, he teaches, do not get caught up in pious competition.
Instead, he encourages them to look for a solution that protects
both of them -- not only their property but also their moral status.
This midrash communicates to us, get beyond religious competition
and moral one-upmanship. Our piety should not only involve protecting
ourselves from sin, but concern for others' religious lives.
This mutual
concern is tied up with arevut, the mutual responsibility all Jews
must have for each other's shmirat mitzvot, moral and spiritual
lives. Religious competition does not get past a very individualistic,
particularistic perspective. The competitors are caught up in the
achievements of their own religious lives, so others' successes
somehow seem threatening, perhaps arousing feelings of insecurity.
The foundation of arevut is that all the individuals of G-d's nation
are interconnected, as one large organism serving Him together.
When we live with the perspective behind arevut, we are naturally
joyous about the spiritual accomplishments of others. Like the king
in the aggada teaches, we should not only protect our own moral
standing, but look out for others' moral lives as well.
[One source
that seems to encourage competition between Torah scholars is diffused
by the Maharsha. The halakha restricts certain kinds of business
competition, opening a competing business in close proximity to
an existing one in certain limited cases. One exception permits
opening a new school for teaching young children how to read the
Torah even when an existing one is already open (Bava Batra 10).
This is based on the principle, "Kinat sofrim tarbeh chokhma" (Jealousy
among reading teachers increases wisdom). Ostensibly, this source
encourages competition in the realm of Torah in order to ensure
better results. However, the Maharsha points out the gemara's careful
choice of words - referring to "sofrim," reading teachers, rather
than "chakhamim," scholars. Lesser level scholars can avail themselves
of artificial motivation of competition, but Talmidei chakhamim
should be free of any jealousy.]
prepared by R. Eliezer
Kwass
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