על יחסי מעביד - עובד : הלנת שכר מאז ומעולם
הדף מאת: איתן גור אריה / מכון גנדל
מצוות התורה העוסקות בהגנת העובדים מפני מעסיקיהם ( בכלל הקבוצות החלשות והמוחלשות בחברה), ככתוב בויקרא ודברים, עוסקות בצד אחד של המשוואה שבין מעבידים לעובדיהם. התלמוד הרחיב מצוות אלה, ובוחן את מערכת היחסים ההדדית וקובע עמדה ברורה הנוגעת לחובות הצדדים, ובכך מוסיף את משקלו לתיקון המוסרי-חברתי הנדרש.
עושק גזל והלנת שכר
לא תעשוק את רעך ולא תגזול, לא תלין פעולת שכיר איתך עד בוקר (ויקרא)

לא תעשוק שכיר עני ואביון מאחיך או מגרך אשר בארצך בשעריך. ביומו תתן שכרו ולא תבוא עליו השמש כי עני הוא ואליו הוא נושא את נפשו... (דברים)

הסברים
  • רש"י: ויקרא: עד בוקר - בשכיר יום הכתוב מדבר, שיציאתו מששקעה החמה. לפיכך זמן גיבוי שכרו כל הלילה. ובמקום אחר הוא אומר (דברים כד, טו) ולא תבוא עליו השמש, מדבר בשכיר לילה, שהשלמת פעולתו משיעלה עמוד השחר, לפיכך זמן גיבוי שכרו כל היום, לפי שנתנה תורה זמן לבעל הבית לבקוש מעות. דברים: אל השכר הזה הוא נושא את נושא את נפשו למות, עלה בכבש ונתלה באילן.
Thou shalt not oppress thy neighbour, nor rob him; the wages of a hired servant shall not abide with thee all night until the morning.
דיון
  • אל מי מופנות הוראות המצווה הזו?
  • מי זוכה להגנה ע"י מצווה זו?
  • 'קולו' של איזה צד אינו מקבל ביטוי במצווה זו? (או - מהי השקפת העולם העומדת מאחורי ניסוח המצווה באופן זה?)
  • "ואליו הוא נושא את נפשו" - כל הכובש שכר שכיר כאילו נוטל נפשו ממנו. רב הונא ורב חסדא. חד אמר: נפשו של גזלן, וחד אמר נפשו של נגזל. מאן דאמר נפשו של גזלן - דכתיב ( משלי כב, כב) אל תגזול דל כי דל הוא ואל תדכא עני בשער , וכתיב ( משלי כב, כג) כי ה' יריב ריבם וקבע את קובעיהם נפש. ומאן דאמר נפשו של נגזל - דכתיב ( משלי א') כן אורחות כל בוצע בצע את נפש בעליו יקח
    Alternatively, the words “for he sets his soul upon it” teach that concerning one who withholds the wages of a hired laborer, it is as though he takes his soul from him. Rav Huna and Rav Ḥisda disagreed over the meaning of this statement. One says it is referring to the soul of the robber, meaning that one who steals from a hired laborer by delaying payment of his wages causes Heaven to remove his own soul, and one says that he takes the soul of the robbery victim, meaning that one who steals from a hired worker causes the death of the worker. The Gemara cites proof for these two opinions. The one who says it is referring to the soul of the robber bases his opinion on a verse, as it is written: “Do not rob from the weak because he is weak, nor crush the poor in the gate” (Proverbs 22:22), and it is written immediately afterward: “For the Lord will plead their cause, and spoil the soul of those who spoil them” (Proverbs 22:23). This indicates that God will take the soul of one who steals from a poor person. And the one who says it is referring to the soul of the robbery victim bases his opinion on a verse, as it is written: “So are the ways of everyone who is greedy for gain; it takes away the life of its owners” (Proverbs 1:19). A robber is considered as if he removed the very soul of his victim.
    דיון
  • כיצד מעצים התלמוד את חטא הלנת השכר?
  • מוריד גשמים או מחנך ?
    אבא חלקיה, בן בנו של חוני המעגל היה, וכאשר הצטרך העולם למטר היו שולחים חכמים אליו וביקש רחמים ובא מטר.
    פעם אחת הצטרך העולם למטר, שלחו חכמים זוג חכמים אליו לבקש רחמים שיבוא מטר. הלכו לביתו ולא מצאוהו, הלכו לשדה ומצאוהו שהיה עודר. נתנו לו שלום ולא הסביר להם פנים. בערב כשאסף עצי הסקה, שם את העצים והמעדר על כתף אחת ואת הגלימה על כתף אחת. כל הדרך לא נעל מנעליו, כאשר הגיעו למים נעל נעליו. כאשר הגיע לשיחים קוצניים, הגביה בגדיו מעליהם. כאשר הגיע לעיר יצאה אשתו לקבל פניו והיא מקושטת. כאשר הגיע לביתו עלתה אשתו ראשונה, עלה הוא אחריה ואחריהם עלו הרבנים. ...
    אמר לאשתו: אנו יודעים שרבנים באו לבקש גשמים, נעלה לגג ונבקש רחמים, אפשר ויתרצה הקדוש ברוך הוא ויבוא מטר, ולא נחזיק טובה לעצמנו. עלו לגג. עמד הוא בזוית אחת והיא בזוית אחרת. קודם עלו עננים מהזוית בה עמדה אשתו.
    כאשר ירד אמר להם: מדוע באו רבנים? אמרו לו : שלחו אותנו החכמים אל מר לבקש רחמים לגשם.
    אמר להם ברוך המקום שלא הצריך אתכם לאבא חלקיה.
    אמרו לו : אנו יודעים שבא גשם בגלל מר, אלא יאמר לנו מר דברים תמוהים אלה: מה הסיבה שכאשר נתנו שלום למר לא הסביר לנו מר פנים?
    אמר להם: שכיר יום הייתי ואמרתי שלא אפגר. ומה טעם ששם מר עצים ומעדר על כתפו האחת וגלימה על כתפו האחת? אמר להם טלית שאולה היתה, ללבוש אותה שאלתיה, לשאת עליה עצים - לא.
    “In their season” means on Wednesday eves, i.e., Tuesday nights, and on Shabbat eves, i.e., Friday nights, because at these times people are not out in the streets, either due to fear of demonic forces that were thought to wander on Tuesday nights or due to the sanctity of Shabbat. As we found in the days of Shimon ben Shetaḥ that rain invariably fell for them on Wednesday eves and on Shabbat eves, until wheat grew as big as kidneys, and barley as big as olive pits, and lentils as golden dinars. And they tied up some of these crops as an example [dugma] for future generations, to convey to them how much damage sin causes, as it is stated: “The Lord our God, Who gives rain, the former rain and the latter rain, in its season that keeps for us the appointed weeks of the harvest. Your iniquities have turned away these things, and your sins have withheld the good from you” (Jeremiah 5:24–25). And we likewise found that in the days of Herod that they were occupied in the building of the Temple, and rain would fall at night. And the next day the wind would blow, the clouds would disperse, the sun would shine, and the people would go out to their work. And as rain would fall only at a time when it would not interfere with their labor, the nation knew that the work of Heaven was being performed by their hands. § The mishna taught: An incident occurred in which the people sent a message to Ḥoni HaMe’aggel. This event is related in greater detail in the following baraita. The Sages taught: Once, most of the month of Adar had passed but rain had still not fallen. They sent this message to Ḥoni HaMe’aggel: Pray, and rain will fall. He prayed, but no rain fell. He drew a circle in the dust and stood inside it, in the manner that the prophet Habakkuk did, as it is stated: “And I will stand upon my watch and set myself upon the tower, and I will look out to see what He will say to me, and what I shall answer when I am reproved” (Habakkuk 2:1). This verse is taken to mean that Habakkuk fashioned a kind of prison for himself where he sat. Ḥoni said before God: Master of the Universe, Your children have turned their faces toward me, as I am like a member of Your household. Therefore, I take an oath by Your great name that I will not move from here until you have mercy upon Your children and answer their prayers for rain. Rain began to trickle down, but only in small droplets. His students said to him: Rabbi, we have seen that you can perform great wonders, but this quantity of rain is not enough to ensure that we will not die. It appears to us that a small amount of rain is falling only to enable you to dissolve your oath, but it is not nearly enough to save us. Ḥoni said to God: I did not ask for this, but for rain to fill the cisterns, ditches, and caves. Rain began to fall furiously, until each and every drop was as big as the mouth of a barrel, and the Sages estimated that no drop was less than a log in size. His students said to him: Rabbi, we have seen that you can call on God to perform miracles and we will not die, but now it appears to us that rain is falling only to destroy the world. Ḥoni again said before God: I did not ask for this harmful rain either, but for rain of benevolence, blessing, and generosity. Subsequently, the rains fell in their standard manner, until all of the people sought higher ground and ascended to the Temple Mount due to the rain. They said to him: Rabbi, just as you prayed that the rains should fall, so too, pray that they should stop. He said to them: This is the tradition that I received, that one does not pray over an excess of good. Ḥoni continued: Nevertheless, bring me a bull. I will sacrifice it as a thanks-offering and pray at the same time. They brought him a bull for a thanks-offering. He placed his two hands on its head and said before God: Master of the Universe, Your nation Israel, whom You brought out of Egypt, cannot bear either an excess of good or an excess of punishment. You grew angry with them and withheld rain, and they are unable to bear it. You bestowed upon them too much good, and they were also unable to bear it. May it be Your will that the rain stop and that there be relief for the world. Immediately, the wind blew, the clouds dispersed, the sun shone, and everyone went out to the fields and gathered for themselves truffles and mushrooms that had sprouted in the strong rain. Shimon ben Shetaḥ relayed to Ḥoni HaMe’aggel: If you were not Ḥoni, I would have decreed ostracism upon you. For were these years like the years of Elijah, when the keys of rain were entrusted in Elijah’s hands, and he swore it would not rain, wouldn’t the name of Heaven have been desecrated by your oath not to leave the circle until it rained? Once you have pronounced this oath, either yours or Elijah’s must be falsified. However, what can I do to you, as you nag God and He does your bidding, like a son who nags his father and his father does his bidding. And the son says to his father: Father, take me to be bathed in hot water; wash me with cold water; give me nuts, almonds, peaches, and pomegranates. And his father gives him. About you, the verse states: “Your father and mother will be glad and she who bore you will rejoice” (Proverbs 23:25). The Sages taught: What message did the members of the Chamber of the Hewn Stone, the Great Sanhedrin, send to Ḥoni HaMe’aggel? About you, the verse states: “You shall also decree a matter, and it shall be established for you; and the light shall shine upon your ways. When they cast down, you will say: There is lifting up, for He saves the humble person. He will deliver the one who is not innocent and he will be delivered through the cleanness of your hands” (Job 22:28–30). They interpreted: “You shall also decree a matter”; you, Ḥoni, decree from below, and the Holy One, Blessed be He, fulfills your statement from above. “And the light shall shine upon your ways”; a generation that was in darkness, you have illuminated it with your prayer. “When they cast down, you will say: There is lifting up”; a generation that was cast down, you lifted it up with your prayer. “For He saves the humble person”; a generation that was humble in its transgression, you saved it through your prayer. “He will deliver the one who is not innocent”; a generation that was not innocent, you have delivered it through your prayer. “And he will be delivered through the cleanness of your hands”; you have delivered an undeserving generation through the clean work of your hands. § The Gemara relates another story about Ḥoni HaMe’aggel. Rabbi Yoḥanan said: All the days of the life of that righteous man, Ḥoni, he was distressed over the meaning of this verse: “A song of Ascents: When the Lord brought back those who returned to Zion, we were like those who dream” (Psalms 126:1). He said to himself: Is there really a person who can sleep and dream for seventy years? How is it possible to compare the seventy-year exile in Babylonia to a dream? One day, he was walking along the road when he saw a certain man planting a carob tree. Ḥoni said to him: This tree, after how many years will it bear fruit? The man said to him: It will not produce fruit until seventy years have passed. Ḥoni said to him: Is it obvious to you that you will live seventy years, that you expect to benefit from this tree? He said to him: That man himself found a world full of carob trees. Just as my ancestors planted for me, I too am planting for my descendants. Ḥoni sat and ate bread. Sleep overcame him and he slept. A cliff formed around him, and he disappeared from sight and slept for seventy years. When he awoke, he saw a certain man gathering carobs from that tree. Ḥoni said to him: Are you the one who planted this tree? The man said to him: I am his son’s son. Ḥoni said to him: I can learn from this that I have slept for seventy years, and indeed he saw that his donkey had sired several herds during those many years. Ḥoni went home and said to the members of the household: Is the son of Ḥoni HaMe’aggel alive? They said to him: His son is no longer with us, but his son’s son is alive. He said to them: I am Ḥoni HaMe’aggel. They did not believe him. He went to the study hall, where he heard the Sages say about one scholar: His halakhot are as enlightening and as clear as in the years of Ḥoni HaMe’aggel, for when Ḥoni HaMe’aggel would enter the study hall he would resolve for the Sages any difficulty they had. Ḥoni said to them: I am he, but they did not believe him and did not pay him proper respect. Ḥoni became very upset, prayed for mercy, and died. Rava said: This explains the folk saying that people say: Either friendship or death, as one who has no friends is better off dead. § The Gemara relates another story, this time about Ḥoni HaMe’aggel’s descendants, who were also renowned for their righteous deeds. Abba Ḥilkiyya was the son of Ḥoni HaMe’aggel’s son. And when the world was in need of rain they would send Sages to him, and he would pray for mercy, and rain would fall. Once the world was in need of rain, and the Sages sent a pair of Sages to him so that he would pray for mercy and rain would fall. They went to his house but they did not find him there. They went to the field and found him hoeing the ground. They greeted him,
    דיון
  • מהן הנורמות שמציב אבא חלקיה בהתנהגותו, בהתייחסו לעבודתו, חובתו כלפי המעביד וכלפי מי שהשכיר לו חפצים/ גלימה?
  • הביעו עמדתכם ביחס לנורמות אלה, ומה היחס בינן לבין המצוות הנ"ל?
  • גונב מגנב פטור?! צדיק ורע לו?
    רב הונא החמיצו לו ארבע מאות חביות יין. נכנס אליו רב יהודה אחיו של רב סלא החסיד וחכמים... ואמרו לו - יבדוק מר במעשיו. אמר להם: וכי חשוד אני בעינכם? אמרו לו : וכי חשוד הקב"ה שעשה דין בלא דין? אמר להם : אם יש מישהו ששמע עלי דבר - שיאמר. אמרו לו: כך וכך שמענו, שלא נותן מר זמורות לאריסו.
    and buries his sons, all his transgressions are forgiven. Rabbi Yoḥanan said to him: What is your source for this? Granted, if one engages in Torah and acts of charity, his transgressions are forgiven, as it is written: “With mercy and truth, iniquity is expiated” (Proverbs 16:6); mercy refers to acts of charity, as it is stated: “He who pursues charity and mercy finds life, charity and honor” (Proverbs 21:21), mercy and charity are listed together. And truth refers to Torah, as it is stated: “Buy truth and do not sell it; also wisdom, guidance and understanding” (Proverbs 23:23). However, from where is it derived that the transgressions of one who buries his sons are also forgiven? An answer was provided to Rabbi Yoḥanan when a certain elder taught him in the name of Rabbi Shimon bar Yoḥai: This conclusion is derived from a verbal analogy between the words iniquity and iniquity. Here, it is written: “With mercy and truth, iniquity is expiated,” and there it is written: “He repays the iniquity of the fathers onto the bosom of their children” (Jeremiah 32:18). Because he “repays the iniquity of the fathers onto the bosom of their children,” the father’s transgressions are forgiven. Rabbi Yoḥanan said: Leprosy and suffering due to children are not afflictions of love. The Gemara asks: Is leprosy not an affliction of love? Didn’t we learn in a baraita: If one has any of the four signs of leprosy (Leviticus 13) they are nothing other than an altar of atonement? The Gemara answers: Although the signs of leprosy are an altar of atonement for one’s transgressions, they are not an affliction of love. And if you wish, say instead: This baraita, which says that leprosy is an affliction of love, is for us in Babylonia, because outside of Eretz Yisrael we are not as careful of the laws of ritual impurity, and one afflicted with leprosy may interact with others, mitigating his suffering. And that statement of Rabbi Yoḥanan, that leprosy is not an affliction of love, is for them in Eretz Yisrael, where they are exceedingly careful of the laws of ritual impurity and the suffering of a leper is great because he is banished from society (Rav Hai Gaon). And if you wish, say instead: This baraita, which says that leprosy is an affliction of love, refers to concealed leprosy that only strikes the concealed areas of one’s body. But that statement of Rabbi Yoḥanan refers to visible leprosy that causes those who see it to distance themselves from the leper. The Gemara continues to object: And suffering due to children is not an affliction of love? The Gemara clarifies: What are the circumstances? If you say that he had children and they died, didn’t Rabbi Yoḥanan himself say, while consoling the victim of a catastrophe: This is the bone of my tenth son? Rabbi Yoḥanan experienced the death of ten of his children, and he kept a small bone from his tenth child as a painful memorial. He would show that bone to others in order to console them, and since he showed it to them, the deaths of his children must certainly have been affliction of love. He consoled others by displaying that there is an element of intimacy with God that exists in that suffering (Tosafot). Why, then, would Rabbi Yoḥanan have said that suffering due to children is not afflictions of love? Rather, one must conclude that when Rabbi Yoḥanan said that those afflictions are not afflictions of love, he was speaking with regard to one who has no children, and when one had children who died, this could very well be considered afflictions of love. The Gemara continues to address the issue of suffering and affliction: Rabbi Yoḥanan’s student, Rabbi Ḥiyya bar Abba, fell ill. Rabbi Yoḥanan entered to visit him, and said to him: Is your suffering dear to you? Do you desire to be ill and afflicted? Rabbi Ḥiyya said to him: I welcome neither this suffering nor its reward, as one who welcomes this suffering with love is rewarded. Rabbi Yoḥanan said to him: Give me your hand. Rabbi Ḥiyya bar Abba gave him his hand, and Rabbi Yoḥanan stood him up and restored him to health. Similarly, Rabbi Yoḥanan fell ill. Rabbi Ḥanina entered to visit him, and said to him: Is your suffering dear to you? Rabbi Yoḥanan said to him: I welcome neither this suffering nor its reward. Rabbi Ḥanina said to him: Give me your hand. He gave him his hand, and Rabbi Ḥanina stood him up and restored him to health. The Gemara asks: Why did Rabbi Yoḥanan wait for Rabbi Ḥanina to restore him to health? If he was able to heal his student, let Rabbi Yoḥanan stand himself up. The Gemara answers, they say: A prisoner cannot generally free himself from prison, but depends on others to release him from his shackles. The Gemara relates that Rabbi Elazar, another of Rabbi Yoḥanan’s students, fell ill. Rabbi Yoḥanan entered to visit him, and saw that he was lying in a dark room. Rabbi Yoḥanan exposed his arm, and light radiated from his flesh, filling the house. He saw that Rabbi Elazar was crying, and said to him: Why are you crying? Thinking that his crying was over the suffering that he endured throughout his life, Rabbi Yoḥanan attempted to comfort him: If you are weeping because you did not study as much Torah as you would have liked, we learned: One who brings a substantial sacrifice and one who brings a meager sacrifice have equal merit, as long as he directs his heart toward Heaven. If you are weeping because you lack sustenance and are unable to earn a livelihood, as Rabbi Elazar was, indeed, quite poor, not every person merits to eat off of two tables, one of wealth and one of Torah, so you need not bemoan the fact that you are not wealthy. If you are crying over children who have died, this is the bone of my tenth son, and suffering of that kind afflicts great people, and they are afflictions of love. Rabbi Elazar said to Rabbi Yoḥanan: I am not crying over my misfortune, but rather, over this beauty of yours that will decompose in the earth, as Rabbi Yoḥanan’s beauty caused him to consider human mortality. Rabbi Yoḥanan said to him: Over this, it is certainly appropriate to weep. Both cried over the fleeting nature of beauty in the world and death that eventually overcomes all. Meanwhile, Rabbi Yoḥanan said to him: Is your suffering dear to you? Rabbi Elazar said to him: I welcome neither this suffering nor its reward. Upon hearing this, Rabbi Yoḥanan said to him: Give me your hand. Rabbi Elazar gave him his hand, and Rabbi Yoḥanan stood him up and restored him to health. The Gemara relates another story regarding acknowledgement of the justice of divine punishment: Four hundred barrels of Rav Huna’s wine fermented and turned into vinegar, causing him great financial loss.
    Rav Yehuda, the brother of Rav Sala the Pious, along with the Sages, and some say Rav Adda bar Ahava, along with the Sages, entered to visit him, and said: The Master should examine his actions, as perhaps he committed a transgression for which he is being punished.
    Rav Huna said to them: Am I suspect in your eyes? Have I committed a transgression on account of which you advise me to examine my behavior?
    They said to him: Is the Holy One, Blessed be He, suspect that He exacts punishment without justice? Your loss was certainly just, and you must examine your conduct to find out why. The Sages were aware of a flaw in Rav Huna’s conduct, to which they alluded (Tosafot). Rav Huna said to them: If someone has heard something improper that I have done, let him say so. They said to him: We have heard that the Master does not give a share of his grapevines to his tenant farmers. A tenant farmer is entitled to a portion of the crop grown on his landlord’s property, as well as a share of the vines planted during a given year. Rav Huna said to them: Does this tenant farmer leave me anything from the produce that he grows on my property? He steals it all. Consequently, in denying him his share of the grapevines I am simply recouping that which was stolen from me by this tenant farmer. They said to him: That is the meaning of the folk saying: One who steals from a thief has a taste of theft. Despite the fact that the property was stolen to begin with, one nevertheless engages in theft. Although he did not violate a prohibition per se, it is still a form of theft, and one who is held to a higher standard than others will be punished for it.
    He said to them: I accept upon myself to give my tenant farmer his portion in the future.
    Thereupon, as a result of Rav Huna’s repentance, God restored his loss. Some say his vinegar turned back into wine, and some say that the price of vinegar rose and it was sold at the price of wine. The Gemara returns to the topic of prayer. It was taught in a baraita that the tanna Abba Binyamin would say: All of my life I have taken great pains with regard to two things: That my prayer should be before my bed and that my bed should be placed north to south. Abba Binyamin’s statement requires explanation. With regard to his statement: That my prayer should be before my bed, the Gemara asks, what does before my bed mean? If you say that it literally means that he would stand before his bed and pray, it is difficult, as Rav Yehuda said that Rav said, and some say that Rabbi Yehoshua ben Levi said: From where is it derived that one who prays should have nothing separating between him and the wall? As it is stated: “And Hezekiah turned to face the wall and prayed” (Isaiah 38:2), in order to facilitate his concentration during prayer. That being said, why would Abba Binyamin pray before his bed? Rather, do not say that before my bed refers to where he stood during prayer, but rather, say that he prayed adjacent to the time that he would retire to bed; he was careful to recite Shema and recite the evening prayer just before going to sleep (Rabbeinu Ḥananel). Abba Binyamin’s statement: And my bed should be placed north to south was in deference to the Divine Presence, which rests between east and west, the direction of the Temple; as the Holy of Holies was to the west, while the main entrance was to the east. Therefore, the Sages were careful not to perform actions inconsistent with that sanctity while facing east to west; and, therefore, Abba Binyamin was careful not to sleep in a bed that faced east to west. In praise of that stringency, the Sages added that Rabbi Ḥama said that Rabbi Ḥanina said that Rabbi Yitzḥak said: One who places his bed facing north to south will be rewarded with male children, as it is stated: “And whose belly You fill with Your treasure [utzfunekha], who have sons in plenty and leave their abundance to their babies” (Psalms 17:14). This verse indicates that one who sets his bed facing north will be rewarded with sons in plenty, as north [tzafon] is etymologically similar to Your treasure [tzfunekha]. Rav Naḥman bar Yitzḥak said: Moreover, his wife will not miscarry. From where do we derive this? It is written here: “And whose belly You fill [temaleh] with Your treasure,” and it is written there, concerning Rebecca’s pregnancy: “And her time to give birth was fulfilled [vayimle’u] and there were twins in her belly” (Genesis 25:24), consequently: You fill with Your treasure refers to a pregnancy that proceeds without complication. Another of Abba Binyamin’s statements with regard to the laws of prayer was taught in a baraita: Abba Binyamin says: If two people enter a synagogue outside of the city in order to pray, and one began praying before the other and did not wait for the other person to complete his prayer, and left him alone in the synagogue, his prayer is thrown back in his face. Because he left the other person alone and caused him to be distracted during his prayer, his own prayer is thrown back in his face, as it is stated: “You who throw your soul in your face, for your sake will the earth be forsaken? The Rock will be moved from its place” (Job 18:4). This verse indicates that one who left the other person alone effectively causes his soul, as prayer is the outpouring of the soul before God, to be thrown in his face. God says to that person: For your sake, do you think because you left, the earth will be forsaken, that God will leave the world and the prayer of the other person will go unheard? Not only that, but it causes the Divine Presence to remove itself from Israel, as it is stated in the continuation of the verse: “The Rock will be moved from its place.” The rock, God, is forced to remove His presence. And Rock means nothing other than the Holy One, Blessed be He, as it is stated: “Of the Rock that gave birth to you, you have been unmindful, and you have forgotten God Who bore you” (Deuteronomy 32:18). And if he waits for him in the synagogue, what is his reward? Is his reward proportionate to the punishment received by one who failed to do so?
    דיון
  • מדוע רב הונא נזקק לדעת החכמים?
  • כיצד תופסים החכמים את המקרה של רב הונא? מה חטאו בעיני החכמים?
  • ... אמר להם : וכי הוא מותיר לי דבר מן היבול? הרי הוא גונב לי הכל
    אמרו לו : זהו שאומרים אנשים : " לאחר הגנב - גנוב, ואת הטעם - טעם"
    אמר להם: מקבל אני עלי לתת לו.
    יש אומרים חזר החומץ להיות יין, ויש אומרים התייקר החומץ ונמכר בדמי היין
    and buries his sons, all his transgressions are forgiven. Rabbi Yoḥanan said to him: What is your source for this? Granted, if one engages in Torah and acts of charity, his transgressions are forgiven, as it is written: “With mercy and truth, iniquity is expiated” (Proverbs 16:6); mercy refers to acts of charity, as it is stated: “He who pursues charity and mercy finds life, charity and honor” (Proverbs 21:21), mercy and charity are listed together. And truth refers to Torah, as it is stated: “Buy truth and do not sell it; also wisdom, guidance and understanding” (Proverbs 23:23). However, from where is it derived that the transgressions of one who buries his sons are also forgiven? An answer was provided to Rabbi Yoḥanan when a certain elder taught him in the name of Rabbi Shimon bar Yoḥai: This conclusion is derived from a verbal analogy between the words iniquity and iniquity. Here, it is written: “With mercy and truth, iniquity is expiated,” and there it is written: “He repays the iniquity of the fathers onto the bosom of their children” (Jeremiah 32:18). Because he “repays the iniquity of the fathers onto the bosom of their children,” the father’s transgressions are forgiven. Rabbi Yoḥanan said: Leprosy and suffering due to children are not afflictions of love. The Gemara asks: Is leprosy not an affliction of love? Didn’t we learn in a baraita: If one has any of the four signs of leprosy (Leviticus 13) they are nothing other than an altar of atonement? The Gemara answers: Although the signs of leprosy are an altar of atonement for one’s transgressions, they are not an affliction of love. And if you wish, say instead: This baraita, which says that leprosy is an affliction of love, is for us in Babylonia, because outside of Eretz Yisrael we are not as careful of the laws of ritual impurity, and one afflicted with leprosy may interact with others, mitigating his suffering. And that statement of Rabbi Yoḥanan, that leprosy is not an affliction of love, is for them in Eretz Yisrael, where they are exceedingly careful of the laws of ritual impurity and the suffering of a leper is great because he is banished from society (Rav Hai Gaon). And if you wish, say instead: This baraita, which says that leprosy is an affliction of love, refers to concealed leprosy that only strikes the concealed areas of one’s body. But that statement of Rabbi Yoḥanan refers to visible leprosy that causes those who see it to distance themselves from the leper. The Gemara continues to object: And suffering due to children is not an affliction of love? The Gemara clarifies: What are the circumstances? If you say that he had children and they died, didn’t Rabbi Yoḥanan himself say, while consoling the victim of a catastrophe: This is the bone of my tenth son? Rabbi Yoḥanan experienced the death of ten of his children, and he kept a small bone from his tenth child as a painful memorial. He would show that bone to others in order to console them, and since he showed it to them, the deaths of his children must certainly have been affliction of love. He consoled others by displaying that there is an element of intimacy with God that exists in that suffering (Tosafot). Why, then, would Rabbi Yoḥanan have said that suffering due to children is not afflictions of love? Rather, one must conclude that when Rabbi Yoḥanan said that those afflictions are not afflictions of love, he was speaking with regard to one who has no children, and when one had children who died, this could very well be considered afflictions of love. The Gemara continues to address the issue of suffering and affliction: Rabbi Yoḥanan’s student, Rabbi Ḥiyya bar Abba, fell ill. Rabbi Yoḥanan entered to visit him, and said to him: Is your suffering dear to you? Do you desire to be ill and afflicted? Rabbi Ḥiyya said to him: I welcome neither this suffering nor its reward, as one who welcomes this suffering with love is rewarded. Rabbi Yoḥanan said to him: Give me your hand. Rabbi Ḥiyya bar Abba gave him his hand, and Rabbi Yoḥanan stood him up and restored him to health. Similarly, Rabbi Yoḥanan fell ill. Rabbi Ḥanina entered to visit him, and said to him: Is your suffering dear to you? Rabbi Yoḥanan said to him: I welcome neither this suffering nor its reward. Rabbi Ḥanina said to him: Give me your hand. He gave him his hand, and Rabbi Ḥanina stood him up and restored him to health. The Gemara asks: Why did Rabbi Yoḥanan wait for Rabbi Ḥanina to restore him to health? If he was able to heal his student, let Rabbi Yoḥanan stand himself up. The Gemara answers, they say: A prisoner cannot generally free himself from prison, but depends on others to release him from his shackles. The Gemara relates that Rabbi Elazar, another of Rabbi Yoḥanan’s students, fell ill. Rabbi Yoḥanan entered to visit him, and saw that he was lying in a dark room. Rabbi Yoḥanan exposed his arm, and light radiated from his flesh, filling the house. He saw that Rabbi Elazar was crying, and said to him: Why are you crying? Thinking that his crying was over the suffering that he endured throughout his life, Rabbi Yoḥanan attempted to comfort him: If you are weeping because you did not study as much Torah as you would have liked, we learned: One who brings a substantial sacrifice and one who brings a meager sacrifice have equal merit, as long as he directs his heart toward Heaven. If you are weeping because you lack sustenance and are unable to earn a livelihood, as Rabbi Elazar was, indeed, quite poor, not every person merits to eat off of two tables, one of wealth and one of Torah, so you need not bemoan the fact that you are not wealthy. If you are crying over children who have died, this is the bone of my tenth son, and suffering of that kind afflicts great people, and they are afflictions of love. Rabbi Elazar said to Rabbi Yoḥanan: I am not crying over my misfortune, but rather, over this beauty of yours that will decompose in the earth, as Rabbi Yoḥanan’s beauty caused him to consider human mortality. Rabbi Yoḥanan said to him: Over this, it is certainly appropriate to weep. Both cried over the fleeting nature of beauty in the world and death that eventually overcomes all. Meanwhile, Rabbi Yoḥanan said to him: Is your suffering dear to you? Rabbi Elazar said to him: I welcome neither this suffering nor its reward. Upon hearing this, Rabbi Yoḥanan said to him: Give me your hand. Rabbi Elazar gave him his hand, and Rabbi Yoḥanan stood him up and restored him to health. The Gemara relates another story regarding acknowledgement of the justice of divine punishment: Four hundred barrels of Rav Huna’s wine fermented and turned into vinegar, causing him great financial loss.
    Rav Yehuda, the brother of Rav Sala the Pious, along with the Sages, and some say Rav Adda bar Ahava, along with the Sages, entered to visit him, and said: The Master should examine his actions, as perhaps he committed a transgression for which he is being punished.
    Rav Huna said to them: Am I suspect in your eyes? Have I committed a transgression on account of which you advise me to examine my behavior?
    They said to him: Is the Holy One, Blessed be He, suspect that He exacts punishment without justice? Your loss was certainly just, and you must examine your conduct to find out why. The Sages were aware of a flaw in Rav Huna’s conduct, to which they alluded (Tosafot). Rav Huna said to them: If someone has heard something improper that I have done, let him say so. They said to him: We have heard that the Master does not give a share of his grapevines to his tenant farmers. A tenant farmer is entitled to a portion of the crop grown on his landlord’s property, as well as a share of the vines planted during a given year. Rav Huna said to them: Does this tenant farmer leave me anything from the produce that he grows on my property? He steals it all. Consequently, in denying him his share of the grapevines I am simply recouping that which was stolen from me by this tenant farmer. They said to him: That is the meaning of the folk saying: One who steals from a thief has a taste of theft. Despite the fact that the property was stolen to begin with, one nevertheless engages in theft. Although he did not violate a prohibition per se, it is still a form of theft, and one who is held to a higher standard than others will be punished for it.
    He said to them: I accept upon myself to give my tenant farmer his portion in the future.
    Thereupon, as a result of Rav Huna’s repentance, God restored his loss. Some say his vinegar turned back into wine, and some say that the price of vinegar rose and it was sold at the price of wine. The Gemara returns to the topic of prayer. It was taught in a baraita that the tanna Abba Binyamin would say: All of my life I have taken great pains with regard to two things: That my prayer should be before my bed and that my bed should be placed north to south. Abba Binyamin’s statement requires explanation. With regard to his statement: That my prayer should be before my bed, the Gemara asks, what does before my bed mean? If you say that it literally means that he would stand before his bed and pray, it is difficult, as Rav Yehuda said that Rav said, and some say that Rabbi Yehoshua ben Levi said: From where is it derived that one who prays should have nothing separating between him and the wall? As it is stated: “And Hezekiah turned to face the wall and prayed” (Isaiah 38:2), in order to facilitate his concentration during prayer. That being said, why would Abba Binyamin pray before his bed? Rather, do not say that before my bed refers to where he stood during prayer, but rather, say that he prayed adjacent to the time that he would retire to bed; he was careful to recite Shema and recite the evening prayer just before going to sleep (Rabbeinu Ḥananel). Abba Binyamin’s statement: And my bed should be placed north to south was in deference to the Divine Presence, which rests between east and west, the direction of the Temple; as the Holy of Holies was to the west, while the main entrance was to the east. Therefore, the Sages were careful not to perform actions inconsistent with that sanctity while facing east to west; and, therefore, Abba Binyamin was careful not to sleep in a bed that faced east to west. In praise of that stringency, the Sages added that Rabbi Ḥama said that Rabbi Ḥanina said that Rabbi Yitzḥak said: One who places his bed facing north to south will be rewarded with male children, as it is stated: “And whose belly You fill with Your treasure [utzfunekha], who have sons in plenty and leave their abundance to their babies” (Psalms 17:14). This verse indicates that one who sets his bed facing north will be rewarded with sons in plenty, as north [tzafon] is etymologically similar to Your treasure [tzfunekha]. Rav Naḥman bar Yitzḥak said: Moreover, his wife will not miscarry. From where do we derive this? It is written here: “And whose belly You fill [temaleh] with Your treasure,” and it is written there, concerning Rebecca’s pregnancy: “And her time to give birth was fulfilled [vayimle’u] and there were twins in her belly” (Genesis 25:24), consequently: You fill with Your treasure refers to a pregnancy that proceeds without complication. Another of Abba Binyamin’s statements with regard to the laws of prayer was taught in a baraita: Abba Binyamin says: If two people enter a synagogue outside of the city in order to pray, and one began praying before the other and did not wait for the other person to complete his prayer, and left him alone in the synagogue, his prayer is thrown back in his face. Because he left the other person alone and caused him to be distracted during his prayer, his own prayer is thrown back in his face, as it is stated: “You who throw your soul in your face, for your sake will the earth be forsaken? The Rock will be moved from its place” (Job 18:4). This verse indicates that one who left the other person alone effectively causes his soul, as prayer is the outpouring of the soul before God, to be thrown in his face. God says to that person: For your sake, do you think because you left, the earth will be forsaken, that God will leave the world and the prayer of the other person will go unheard? Not only that, but it causes the Divine Presence to remove itself from Israel, as it is stated in the continuation of the verse: “The Rock will be moved from its place.” The rock, God, is forced to remove His presence. And Rock means nothing other than the Holy One, Blessed be He, as it is stated: “Of the Rock that gave birth to you, you have been unmindful, and you have forgotten God Who bore you” (Deuteronomy 32:18). And if he waits for him in the synagogue, what is his reward? Is his reward proportionate to the punishment received by one who failed to do so?
    דיון
  • כיצד תופס רב הונא את מעשהו על פי תשובתו לחכמים?
  • מהי העקיצה הנאמרת מפי חכמים לרב הונא?
  • האם תיקון שעשה רב הונא הוא בבחינת דין או לפנים משורת הדין?

  • דונו בשאלה האם הפרה דו צדדית של יחסי עובד מעביד מותרת בנסיבות כל שהן? מדוע?