Today’s learning is dedicated to the refuah sheleima of Simcha Noson ben Zissel

In our previous post we discussed the opening words of Perkei Avos, while elaborating on the significance of the lineage of the Torah’s dissemination from Moshe up until the Men of the Great Assembly (Anshei Knesset HaGedolah). It was determined that the ethical and moral teachings contained in Perkei Avos act as a prerequisite to the Torah and its laws.

The Mishnah ends by listing three cardinal rulings established by the Men of the Great Assembly. Of course, they taught many lessons, but as the Bartenura explains, the uniqueness of these three teachings is how they constitute the formula for perpetuating the Torah.

The Men of the Great Assembly, numbering one hundred and twenty Prophets and Sages (Megillah 17b), were appointed by Ezra the Scribe after he led the Babylonian exiles back to the Land of Israel. As Rabbi Dovid Sears explains, “Over a period of some two hundred years, the members of this tribunal redacted the final Books of the Prophets, composed numerous blessings and prayers, and instituted various decrees at the beginning of the Second Temple era. In many ways, the order of everyday religious life for the observant Jew, even today, is the product of Ezra and the Men of the Great Assembly.”

The Talmud states that Moshe originally referred to Hashem as “HaKel haGodal haGibar v’haNorah,” the Great, Strong and Awesome G-d (Devarim 10:17). However, when Yirmiyahu saw the destruction of Yerushalayim, he cried out: “Foreigners are reveling in His palace – where is His awesomeness?” And he no longer called Hashem awesome. Later, Daniel said: “Foreigners are enslaving His children – where is His strength?” And he no longer called Hashem strong. Came along the Men of the Great Assembly and said: “To the contrary! This persecution itself is an expression of His strength and His awesomeness! For if not for His magnificence, how could a solitary nation endure among the nations who seek its destruction?” As the Talmud states, “They restored the crown of glorification to its former splendor and said, ‘The Great, Strong, and Awesome G-d.’” (Yoma 69b cited by Bartenura)

As the Ya’avetz, Rabbi Yaakov Emden, said, “When I ponder the miracle of the survival of the Jewish people, it is in my opinion greater than all the miracles and wonders that Hashem performed for our ancestors in Egypt, in the wilderness, and in the land of Israel. The longer the exile persists, the more apparent the miracle becomes.”

(It should be noted that Yirmiyahu and Daniel certainly viewed Hashem as “awesome” and “strong,” however they felt that Hashem was not displaying these attributes, and they were therefore under the impression that it would be inappropriate to refer to Him with these titles. The Men of the Great Assembly, however, were able to see Hashem’s awesomeness and strength during the darkest of times. As Rebbe Nachman explains, the purpose of exile is to increase faith (see Likutey Moharan I, 40); the greatest revelation occurs when we seek out Hashem’s kindness and mercy within the distress.)

Earning themselves the title “Great,” these giants proved their enormity primarily by their ability to comprehend the greatness of the sovereignty of Hashem, which they saw revealed no less gloriously in the miraculous survival of the Jewish people – despite its state of dependence, weakness, and dispersion among hostile peoples – than in Israel’s original establishment as an independent nation.

The Men of the Great Assembly were tasked with a difficult challenge. As the Sforno explains, these Sages faced the challenge of rebuilding and fortifying Judaism after the upheaval and assimilation caused by the Babylonian exile.

Similarly, Rabbi Yosef Marcus writes, “The Great Assembly operated in a new era. They instituted practices that addressed the upheaval of their generation and the long history of Jewish exile that would eventually follow. It was their task to apply Torah law in actual practice. It was they who were able to see Hashem’s face even within the persecution.”

The first dictum listed in the Mishnah is to be deliberate in judgement. As the Rambam teaches, judges mustn’t hand down their ruling based on their initial assumption. They are to review the case many times, with much contemplation, as they may come to a different conclusion. (This applies even if they have presided over an identical case several times in the past. Although precedent matters, sometimes minor differences lead to different results.)

The verse states at the end of last week’s Torah portion, “Do not ascend My altar with steps” (Shemos 20:22), teaching us that the Altar was to be constructed with a ramp rather than steps. Rabbi Ozer Bergman cites the Midrash (Tanchuma, Mishpatim # 6) that draws a connection to the opening words of this week’s parsha (Mishpatim), which begins with civil and criminal law. As Rabbi Bergman writes, “What lesson is to be learned from the juxtaposition of these disparate areas of Torah life? The Midrash tells us that walking up a ramp takes more time than walking up steps. Just as walking a ramp is slower and takes more patience than walking stairs, so too, judges must be patient and deliberate before deciding the verdict in a court case.” 

(Parenthetically, while commenting on this verse, Rabbi Elimelech Biderman teaches that this applies to our spiritual development as well… Taking small and gradual steps in the right direction ensures we set realistic and attainable goals. As the Manchester Rosh Yeshiva, Rabbi Yehuda Zev Segal taught, “We must be like an airplane, slowly gaining momentum until we lift off heavenward.”)

However, these words are not reserved for judges alone; it applies equally to every individual. As Rabbi Bergman writes, “Each of us as well, in the courtroom of his mind, needs to be careful and deliberate before making a judgment about himself or a fellow Jew.”

The Men of the Great Assembly are urging us not to be quick to judge or to write someone off. Rather, we are to view each person in a positive light, while seeking out their positive traits. As Rebbe Nachman teaches (Sefer HaMiddos, Mitigating Judgement # 72), “Those who hear accusations against the Jewish people must speak well of them and endeavor to find their good points.” (See Likutey Moharan I, 282 where Rebbe Nachman goes into great detail describing the benefits of seeking out and focusing on the positive qualities found in every person.)

The true Tzaddikim were capable of searching for every modicum of purity and goodness, despite outward appearances, as depicted in the following story. One Tishah B’Av, Reb Levi Yitzchak of Berdichev came across a man who was eating food. “My son, you have forgotten that today is Tishah B’Av, a fast day,” said Reb Levi Yitzchak. “No, Rebbe, I know it is Tishah B’Av,” replied the man. “Ah,” Reb Levi Yitzchak tried again, “your doctor told you that you may not fast.” However, the man brazenly persisted, “Not so, Rebbe; I’m in perfect health.” Reb Levi Yitzchak turned his eyes toward Heaven. “Look, Ribbono shel Olam,” he exclaimed, “I gave this man opportunities to defend himself for eating on Tishah B’Av, but he refused to take advantage of them. He insists on being truthful. Isn’t it wonderful that Your children love the truth?”

Rabbi Efrem Goldberg draws a similar inference from the opening verse of Parshas Noach, which describes Noach as a ”Tzaddik in his generation.” Rabbi Goldberg writes, “Rashi famously cites the debate found in the Gemara (Sanhedrin 108a) as to whether this is meant as a compliment, or to qualify Noach’s piety. According to one view, this word accentuates Noach’s righteousness – that despite living in a society characterized by sin and immorality, Noach acted righteously, and would have likely achieved even greater levels of piety had he lived among a more moral society. The other view, however, interprets ‘in his generation’ to mean that Noach was righteous only relative to the evil people among whom he lived; had he lived among good people, he would not have been considered righteous.”

“Some have noted a significant nuance in the way Rashi brings these two opinions. He writes, ‘There are some among our Rabbis who interpret this as praise.’ Introducing the second opinion, Rashi writes, ‘And there are those who interpret it derogatorily.’ The first view is cited in the name of ‘Our Rabbis,’ whereas the second is attributed not to ‘our Rabbis,’ but simply to unknown people who chose to explain the verse this way. The explanation, perhaps, is that a true “Rabbi” or Rebbe does not interpret לגנאי (derogatorily) when he can interpret לשבח (as praise). Rabbis and teachers are expected to view people positively, and judge them favorably to whatever extent possible. Those who interpret things לגנאי are not the Rabbis, but the cynics and scoffers, those who look hypercritically, who look to find fault whenever they can. The Torah way is to evaluate our fellow לשבח, to see all that is positive about other people, rather than judging them negatively and critically.”

As Reb Noson teaches, “To be deliberate in judgment complements another saying of our Sages: Do not judge your friend until you have reached his place (Avos 2:4) – that is, until you stand in his shoes. If you notice an unworthy character trait in a friend or student, be extremely cautious about judging him. Be loath to deem anyone entirely guilty, or to reject him or hate him because of a perceived flaw. Rather, judge all people favorably, seeking their good points. By judging others favorably – that is, by being deliberate in rendering judgment – you will be at peace with everyone.” (To read more about proper rebuke, see www.shiurenjoyment.com/2022/05/06/gentle-rebuke/)

(In general, Rebbe Nachman warns against acting hastily. Instead, we should take the appropriate time to consider the situation, which will allow us to act with a settled mind, clarity, and equanimity. As Rabbi Eliyahu Chaim Rosen, founder and dean of the Breslov Yeshivah in Yerushalayim, used to say, “Take note, wherever you find the word menuchah (deliberateness), you also find the word simchah (joy).” And unfortunately, the opposite is true as well. As Rabbi Shlomo Ibn Gabirol taught, “The fruit of haste is regret.” First, we must take a moment to evaluate the situation in its entirety, and only then can we truly determine the proper and suitable response.)

Reb Noson adds, “Regarding the Final Redemption, Yeshayahu (52:12) prophesied: ‘For you will not depart [the exile] in haste, or hurry as you walk; for the Lord shall go before you, and the G-d of Israel will gather you in.’ The consciousness of Hashem that will characterize the Final Redemption will be of a most wondrous and deliberate nature, exemplifying the teaching: Be deliberate in rendering judgment.”

The way we view or judge others effects how we are judged from Above. As the Zohar teaches (Parshas Vayigash), “Every action in this physical dimension has a corresponding influence in the Upper Worlds.” Thus, Rebbe Nachman teaches, there are times when Hashem specifically sends us opportunities to be merciful towards others, so that He can be merciful towards us. As Rebbe Nachman states (Sefer HaMiddos, Mitigating Judgement # 104), “Being merciful mitigates harsh judgment.” Similarly, based on the verse, “Hashem is your shadow” (Psalms 121:5), the Ba’al Shem Tov teaches, “As man acts, Hashem reacts.” When we act patiently towards others, Hashem will act patiently towards us, overlooking our less than praiseworthy deeds. (See also our posts on Tomer Devorah and the Thirteen Attributes of Mercy for more information on how acting mercifully arouses a corresponding flow of heavenly mercy.) 

In our next post, we will discuss the final two statements of the Men of the Great Assembly and will see how each instruction of the Mishnah are interdependent, how being patient in judgement acts as the criterion for “raising many students” and “building a fence for the Torah.”

TO BE CONTINUED…