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Competition and Compromise

The Land of the Rabbis": Competition and Compromise
How do the sages of the Talmud work out a conflict?
Kiddushin 59a
prepared by R. Eliezer Kwass

Dealing with conflict and competition is one of the most difficult (but most common) challenges of human interactions. A passage in the Talmud Kiddushin 59a gives us a glimpse at how two sages deal with a unique episode that forced them into competition over a field:

  1. Rav Gidel was negotiating to buying a certain piece of land.
  2. Rabbi Abba went and bought it.
  3. He complained to Rabbi Zeira [a more authoritative sage] about it.
  4. Rabbi Zeira passed on the complaint to Rav Yitzchak Nafcha [an even more authoritative figure].
  5. Rav Yitzchak Nafcha replied, "Wait until Rabbi Abba comes to me for the holiday." Disciples used to visit their teachers on the holidays.
  6. When Rabbi Abba came up, Rav Yitzchak Nafcha found him, and asked him, "If one poor person is going after a piece of bread and another comes and takes it, what is the law?" In Hebrew this halakha is referred to as "ani hamehapeich bacharara" -- a poor person going after a loaf. It applies to reaping the benefits of someone else's efforts.
  7. Rabbi Abba replied, "He is called a 'rasha'; (evil person)." He can be publicly censured, but is not obligated to pass the object on to the one who originally made the efforts.
  8. "So why did the master [you] do such a thing?" asked Rav Yitzchak Nafcha.
  9. He answered, "I did not know [that Rav Gidel had been negotiating to buy]."
  10. "So," said Rav Yitzchak Nafcha, "The master [referring to Rabbi Abba] should now sell it to him."
  11. Rabbi Abba replied, "I will not sell it because it is the first property I bought, and selling the first property a person bought is known to cause bad fortune. But if Rav Gidel wants it as a present he can take it."
  12. Rav Gidel did not settle in the property because, "One who hates gifts will live." (Mishlei 15) This is why the pious do not accept gifts.
  13. Rabbi Abba did not settle it because Rav Gidel had originally negotiated to buy there. One who preempts another is called 'evil' and Rabbi Abba, though technically permitted to live in the land, felt that there was something tainted about it.
  14. Neither lived on the land, and it was called. "The Land of the Rabbis." Rashi: They made it a place where poor scholars could live for free. Three options were open before them: a. arguing over the land; b. leaving it unsettled; and c. making it "The Land of the Rabbis". They chose the third option. The first was obviously out of the question for such giving people. The second would be a waste (even though inherited property sometimes lies undeveloped because of inheritance conflicts). The third option is both creative and giving, both sages keeping their principles, yet the land not going to waste.

A similar creative solution appears in "Alexander the Great and the Two Litigants: A Case of Religious One-Upmanship," based on an aggadic passage about Alexander the Great's meeting with the justice system of "The Kingdom Beyond the Dark Mountains."

In the same vein: The following story appeared in Rabbi Binyomin Adilman's B'oholei Tzaddikim on the Nishmas Chaim Site
http://www.nishmas.org.il/chassidus/shemos/trumah58.htm

Absolute Forgiveness
The Ra'shash, Rabbi Shmuel Strahsuhn, was one the leading sages of Vilna and a wealthy man. He was reknowned for his keen insights into the Talmud. He asked very tough questions on every page in the Talmud. His famous commentary includes many of these questions, some answered and some not. Scholars to this day still wrestle with his questions. He became a partner in the printing of the Vilna Shas, one of the first printed editions of the entire Talmud. Since the Vilna edition included his commentary, it became immensely popular and he subsequently became very wealthy.

The Ra'shash maintained a special free loan fund which was available to all the residents of Vilna. Once, a simple Jew, a baker, who had borrowed money from the Ra'shash, arrived at his home with the funds in hand to repay his loan. He was admitted into the Ra'shash's study where the Rabbi was engrossed as usual in his learning. He accepted the money from the baker, nodded his head in recognition and placed the bills between the pages of the Tractate that he was studying, without interrupting his learning.

Several months later, when the Ra'shash was reviewing the ledgers of the Fund, he came across a delinquent loan; the baker's. He called the baker in and requested payment of the loan, but the baker demurred, insisting that the loan had been repaid months before. But the Ra'shash, who was as meticulous a businessman as he was a scholar, only saw that in his ledger the loan was still outstanding. After several attempts to obtain repayment of the loan, he finally brought the baker to a Beis Din (Rabbinic Tribunal) to adjudicate the case. The baker, having no evidence of repayment, and going against the reputation of the one of the greatest sages of Vilna, was ordered to pay the amount of the loan to the Rabbi. The humiliation he suffered was horrible. People stopped buying baked goods in his bakery and he was soon forced to leave Vilna for a distant town, hoping to rebuild his life. Even his son, a promising young scholar in his own right, was forced to leave his studies in Vilna, and found it all but impossible to find an appropriate wife.

Less than a year passed. The Ra'shash was reviewing the same Tractate that he had been learning when the baker came to repay his loan. As he turned the page, a packet of bills dropped down on the table in front of his volume. It took only a moment for the Ra'shash to realize what had happened, and what he had, inadvertently, caused. Immediately he rose, and summoned his coach to take him to the distant town where the baker now lived. It was a full day's journey, but the Ra'shash was intent on righting his misdeed. He urged the driver on, and finally they found the town and the home of the exiled baker.

The baker's surprise at seeing the sage quickly turned to dismay as the Ra'shash explained to him how he had found the money from the loan and wished now to beg his forgiveness. "I would gladly forgive you", sighed the baker, "but what good will it do me now? I'm ruined, and I've lost everything. Not only my business, but also my reputation in the community. No matter where I go, the I am haunted by the fact that I dared to stand up to the Ra'shash in Beis Din. How will it help me to forgive you?"

The Ra'shash, understanding the baker's position, countered with another offer. "I can make a public apology. I will go before the entire congregation of Vilna and admit my mistake. Thus you will be exonerated!"

"No, that won't help either", insisted the baker. Everybody will just think that the Ra'shash, with his tremendous piety, is forgiving me. Nobody will really believe that it is true."

The Ra'shash realized that the baker was correct. What could he do to right the misdeed he had done? How could he demonstrate beyond any doubt, that he indeed wronged the baker and was doing Teshuva for it? After a number of heart-aching minutes he knew that he had found the solution.

"Sir", he said addressing the baker. "I propose the following. You have a son, and I have a daughter. Let's unite them in marriage, and I will cover all the costs. Let it be a sign that I was in the wrong and that you were in no way deserving of the unmerciful treatment you received!"

It took only moments for the two fathers to reach an agreement. The wedding that was held later that month, was a celebration which created peace and goodwill between all the citizens of Vilna. It was long remembered as one of the most joyous celebrations that the Jews of Vilna had ever experienced.

Thanks to Rav Binyomin Adilman of the Darche Noam staff and the Nishmas Chaim web site

©2000 Darche Noam