The Prohibition of Engaging in Contentious Dispute (2)
TOPICS IN HALAKHA
shiur 11b-
The Prohibition of engaging in Contentious dispute
Rav Yehuda Shaviv
I
Rabbeinu Yona of Gerona in his Sha'arei Teshuva (III, 58) records
a list of prohibitions connected to speech, including:
"That he be not like Korach and his company" (Bemidbar 17:5) Our
Rabbis, of blessed memory, said: "He who is unyielding in a dispute violates a
negative command, as it is written: 'That he be not like Korach and his
company.'"
Remaining in a state of contentious dispute is so severe that "one is
permitted to speak lashon ha-ra about a contentious person,[1]
as it is stated: 'But me, even me your servant, and Tzadok the priest, and
Benayahu the son of Yehoyada, and your servant Shlomo, has he not called' (I
Melakhim 1:26)" (Yerushalmi Pe'a 4b).
This general prohibition to be unyielding in dispute is qualified by what
Rabbeinu Yona says in the very next paragraph:
He who does not stand firmly in dispute with those who set themselves on a path
that is not good and those who draw iniquity, is punished for their sins
And he
violates a negative prohibition, as it is stated: "You shall not suffer sin on
his account"
. (Vayikra 19:17)
This matter requires examination, for surely we learn from Moshe
Rabbeinu that one should not stand firmly in dispute even with those who set
themselves on a path that is not good, as he tried to appease Datan and Aviram.
And it is from this incident involving Moshe that Reish Lakish derived the law
applying to all people that a person should not stand firmly in dispute, even
when justice is on his side.[2]
In any event, it follows from what Rabbeinu Yona says that the
prohibition against contentious dispute is unlike other prohibitions. For
otherwise there would be no room for an allowance for the sake of preventing
another person from sinning, for the rule is that we do not say to a person:
"Transgress a prohibition in order to prevent another person from transgressing
a prohibition. Rather, it is extremely undesirable behavior, primarily on
account of its consequences, but if it might possibly lead to positive
consequences, not only is such behavior permitted, but, according to Rabbeinu
Yona, it is a mitzva.[3]
Another source which sees contention as subject to a prohibition is the Semag,
though this is not unequivocal either. The Semag writes (negative
commandment, nos. 156-157):
It is written in Parashat Kedoshim: You shall not defraud (ta'ashok)
your neighbor, neither shall you rob (tigzol) him (Vayikra
19:13). Who is guilty of gezel? One who forcibly seizes money from
another person
. Who is guilty of oshek? One who came into possession of
another person's money with that other person's permission, and when the latter
demands it back, he keeps the money for himself and does not return it
. Even
though this is the plain understanding, nevertheless Rava said in chapter
Ha-Mekabbel: Oshek and gezel are one and the same thing. The
Torah calls it by two names so that one should transgress two negative
commands. According to this it is one prohibition, and in its place we count
that which we learned in chapter Chelek: Rav said: 'He who is unyielding
in a dispute violates a negative command'
."
That is to say, since we count the two prohibitions as one, a slot has
been cleared in the count of negative commands, and we can count the prohibition
of contentious behavior as a negative command. It may be asked: What is the
specific connection between the prohibition of contention and these two
prohibitions? If it is fit to be counted as a separate prohibition, why should
we put off counting it until after we clarify that the prohibition of oshek
is not counted as a separate prohibition? It might be suggested that one who
fails to pay another person what is due him gives rise to contention, but this
requires further examination.
II
It might be possible to suggest an explanation in light of the following
statement found in the She'iltot. Rav Achai states in his second
she'ilta in Parashat Korach (she'ilta 131):
The people of the house of Israel are forbidden to act contentiously, for when
people remain in a state of contention, they come to hate each other, and the
Torah said: "You shall not hate your brother in your heart" (Vayikra
19:17).
Instead of the term "le-hachazik be-machloket" ("to be unyielding
in dispute") the She'iltot uses the term "la-asot machloket" ("to
act contentiously"). The term "le-hachazik be-machloket" appears,
however, in the continuation of the passage which includes a citation of the
statements of Reish Lakish and Rav.[4]
But his main novelty is that he sees the prohibition of contentious dispute as a
safeguard against the prohibition of hatred in the heart.
Based on this principle we can better understand the words of Rabbeinu
Yona. If the entire prohibition of contention is a safeguard against the
prohibition of hatred, there is room to permit and even obligate contentious
dispute, when such contention will prevent hatred. For if a person sees his
fellow committing a transgression, but refrains from stirring up an argument and
rebuking him this is liable to lead to hatred. For surely it is explicitly
stated in the Torah in Parashat Kedoshim in the verse dealing with the
prohibition to hate: "You shall not hate your brother in your heart; you shall
certainly rebuke your neighbor, and not suffer sin on his account" (Vayikra
19:17). The Torah first established the goal (which is also the prohibition)
"You shall not hate your brother in your heart." But how can the Torah command
about hatred in the heart; surely such a feeling is largely out of a person's
control! Therefore the Torah comes and shows the way. How can one prevent
hatred? By giving rebuke. For hatred is created against a certain background.
Don't keep your hatred in your heart, but rather "you shall certainly rebuke"
and thus "you shall not suffer sin on his account" (this is also the way that
the Ramban explained the verse).
Based on this we can understand the words of the Semag. One who is
unyielding in dispute transgresses a prohibition. It stands to reason that the
prohibition is that of hatred in the heart, for dispute leads to hatred. And the
prohibition of hatred was already counted as a separate prohibition. But now
that the place of the prohibition of oshek has been cleared, we can say
that one who is unyielding in dispute transgresses a separate prohibition. And
the truth is that there is no more contentious behavior than oshek, and
one who engages in oshek also causes his victim to be unyielding in
dispute with him.
If we see dispute as something that leads to hatred, it is possible to
distinguish between different types of dispute, as we find in the Mishna:
Any dispute that is for the sake of Heaven is destined to endure; one that is
not for the sake of Heaven is not destined to endure. Which is a dispute that is
for the sake of Heaven? The disputes between Hillel and Shammai. Which is a
dispute that is not for the sake of Heaven? The
dispute of Korach and all his company. (Avot 5:17)
The desirable type of dispute, like that of Shammai and Hillel, did not
lead to hatred, as we find in a Tosefta cited in Yevamot 14b:
Although Beit Shammai and Beit Hillel were in disagreement [regarding laws
pertaining to marriage and its dissolution]
- what the one forbade, the other
permitted - nevertheless, [men affiliated with] Beit Shammai did not refrain
from marrying women of [i.e., associated with] Beit Hillel, nor did [men
affiliated with] Beit Hillel refrain from marrying women of Beit Shammai. This
should teach that they showed love and friendship toward one another, thus
putting into practice the injunction: "Love you truth, but also peace"(Zekharya
8:19).
III
As mentioned, assuring one safeguard strengthens another: As a safeguard
protecting against hatred refrain from contentious dispute; as a safeguard
protecting against dispute refrain from separating into different groupings.
Thus explains the Rambam:
This commandment[5]
also includes [a prohibition] against there being two courts which follow
different customs in a single city, since this can cause great strife. [Because
of the similarity in the Hebrew roots,] the prohibition against gashing
ourselves ["lo titgodedu"] [can be interpreted] to mean: "Do not
separate into various different groupings [aguddot aguddot]." (Hilkhot
Avoda Zara 12:14)
Forming into a single group is the key to redemption, as our patriarch,
Yaakov, said to his sons: "Gather yourselves together, that I may tell you that
which shall befall you in the last days" (Bereishit 49:1). And our Sages
expounded: "He commanded them about dispute. He said to them: May you all be a
single gathering
And the children of Israel formed a single grouping they
prepared themselves for the redemption" (Bereishit Rabba 98). Yaakov was
aware of the danger of contentious dispute which almost consumed his entire
house, and so his testament to the house of Israel was: "May you all be a single
gathering."
This article appeared in Daf Kesher, Parashat Balak, 17 Tammuz
5748, no. 140.
(Translated by David Strauss)
[1] When speaking
lashon ha-ra can help alleviate the contention ("Ze ha-Sha'ar"
commentary, ad loc.).
[2] Perhaps
Rabbeinu Yona maintains that Reish Lakish and Rav disagree about this. The fact
that the Rif does not mention Reish Lakish's exposition indicates that he rules
against him.
[3] According to
this, there is a hierarchy of these three variables. Speaking lashon ha-ra
is a serious matter, but it is permitted in order to prevent dispute.
Dispute is a serious matter, but it is permitted in order to permit another
person from sinning.
[4] As opposed to
the Rif who does not cite the words of Reish Lakish, the She'iltot
mentions all the related statements.
[5] The
prohibition of "lo titgodedu," which according to its plain sense forbids
gashing oneself as a sign of mourning or as part of an idolatrous rite. See
Hilkhot Avoda Zara 12:13.
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