Parshas Noach


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Parshas Noach: 

Burying the Hatchet
 

By: Rabbi Yaakov Ringel

 

 

This week’s Perspective is dedicated in memory of:
Hachaver Reb Arye ben Binyomin Zev z”l

may the Torah studied through this publication be an eternal zechus for his Neshama 

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Burying the Hatchet

 
 
          In this week’s Parsha, Rashi (11:28) makes reference to the well-known Midrash that states that when Avraham Avinu was young, he took a hatchet and smashed his father’s idols. For that act of defiance, King Nimrod sentenced Avraham to be thrown into a flaming furnace.
          What are we to learn from Avraham Avinu’s zealotry? Are we to model our behavior after our patriarch, smashing and destroying all that threatens morality and holiness? Are we allowed to destroy an immodest billboard, or the headquarters of a missionary group? Furthermore, if such actions are permissible, does the Torah go further and in any way obligate us to do so?
          It seems that we can divide the question into several parts. Firstly, are we allowed to protect ourselves from being damaged by someone else’s object by destroying or damaging it first? If we are, in fact, allowed to do so, may we protect ourselves from potential spiritual damage in a similar way? Furthermore, presuming that acting in the above manner is permitted, does this extend to potential damage to others, as well, when we ourselves aren’t exposed to the said risk?
 
          We can begin with a gemara in Bava Kamma (80a) that discusses the various animals one is not allowed to keep on his property lest they cause damage to others. The gemara states that, not only is there a prohibition against keeping these animals, but others may steal or destroy them, without paying any damages (see Shulchan Aruch Ch”M 266 4, 408). We see clearly from this gemara that the destruction of any inherent menace is permitted. In fact, it is encouraged.
          This brings us to our next question; can we extrapolate from a physical threat to life and property to one of a spiritual nature? The gemara in Brachos (20a) relates a remarkable story. The holy R’ Ada Bar Ahava saw a woman wearing an immodest garment in public. R’ Ada acted swiftly and with great indignation, and tore the dress off of her. When it was discovered that the woman was a gentile, the non-Jewish authorities forced R’ Ada to pay a large fine for embarrassing her publicly. Significantly, Chaza”l praise R’ Ada for his actions.
          From this story, it would seem that one is allowed to destroy someone else’s property if it poses a spiritual danger to society. However, we might propose that R’ Ada saw a threat to his own personal spirituality, and did not necessarily act in order to protect society at large. However, we find in the Shoel Umeishiv, 147, that if one sees wheat growing amongst grape vines in a neighbor’s field, which is forbidden under the prohibition of kilai’im, he may go ahead and uproot the wheat from the vineyard. This is true, though there is no threat of spiritual damage to anyone except the neighbor. From this short and very incomplete sampling of the sources, it would seem that practical Halacha allows and may even expect that we act as vigilantes in order to protect Jewish spiritual life.
          At this point, surely most – if not all – of you are shaking your heads and thinking, is this guy for real? Indeed, before rounding up the posse, there are a number of very important points to consider. Firstly, in the words of Harav Leib Chasman, “There’s a hairsbreadth between legitimate zealotry and murder.” Essentially, a person is fully liable for damage done in an act of zealotry if he does not have the proper intention when carrying out the act.
 
          Secondly, from a halachic standpoint we find the following in the Rema (Yoreh Deah 334). A person is obligated to protest against sinners and one who does not do so is held accountable for any sins that he may have been able to prevent. However, one is not obligated to incur financial loss in doing so. In our day and age, retaliation and/or legal repercussions for an act of zealotry are common and quite serious. A zealot can easily find himself facing an expensive fine or jail time or worse. Therefore, in practice, it is customary to refrain from causing monetary or bodily harm to someone who poses a spiritual threat so as to avoid the almost inevitable cost to one’s physical and material well-being.
          Although our treatment of this issue does not in any way constitute a halachic decision, it would seem that in practice we are unable to follow in our forefather’s footsteps and be proactive in wiping out evil in society at large. For a fuller halachic treatment of the subject, see Pischei Choshen, Nezikin Ch.1, footnote 1, the source for much of the halachic material in this essay. In his conclusion, the Pischei Choshen writes that when faced with such a situation, one must ask for guidance from a halachic authority.
          Quite frankly, the vanquishing of immorality and the upholding of holiness which a zealot attempts to achieve can often be accomplished to a great extent by using non-violent methods. Gentle and carefully-worded rebuke, as an expression of real empathy and concern, will likely accomplish longer-lasting results than a rock through the window. Perhaps, in our times, that is how our zealotry is supposed to manifest itself. 
 

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