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EXODUS | 23:3 poor — EXOD792 We shall note briefly [a] non-biblical pa...

EXOD792 We shall note briefly [a] non-biblical passage [] to which the Rabbis on occasion refer in order to validate their legal rulings. The verse "That Thou mayest walk in the way of good men, and keep the paths of the righteous" (Proverbs 2:20) was obviously not intended to service as a legal maximum. Yet Rav based a decision upon it. The Talmud relates (Bava Metzia 83a) that wine caskets belonging to Rabbah Bar Bar Hana were broken while being handled by porters. The text is not clear whether it was in any way due to their negligence, but Rashi thus interprets it. Whereupon Rabbah took possession of their clothing. They complained to Rav and he ordered Rabbah to return it to them. Whereupon he said, "Is this the law?" And Rav answered, "Indeed it is, for does it not say, 'Walk in the ways of good men'?" Rabbah Bar Bar Hana thereupon returned the clothing. The porters then asked for pay, saying, "we have worked all day. We are hungry and have nothing." Rav ordered that they be paid. Again Rabbah Bar Bar Hana asked, "Is this the law?" And again Rav answered, "Indeed it is, for does it not say 'And keep the ways of the righteous'?" [Rashi interprets it to mean "act lifnim mishurat hadin," go beyond the requirements of the law.] Now by all definitions of law and legal procedure, what Rav did was illegal. If there ever was a clear-cut case of "uprooting" a law of the Bible this was it, for the Bible specifically states, "Neither shalt thou favor a poor man in his cause" [this verse]. Rav does not defend his action by appealing to any legal dictum, such as hefker bet din hefker [court authority to expropriate property - AJL]. Instead he quotes an ethical maxim from Proverbs and insists that he is following the law. And his action remains unchallenged in the Talmud.

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Source KeyGREENBERG
Verse23:3
Keyword(s)poor
Source Page(s)212
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