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Op-Ed: R’Shaim Are People Too


lali[By Rabbi Yair Hoffman]

We often hear how “John Doe” is a Rasha, an evil-doer, and that we should all therefore take actions X, Y, and Z against him.   “Let’s beat him up or punch him” is a sentiment often heard.  Many understand the verse in Tehillim (139:29), “Do I not hate them that hate You” that one should fully hate these evil doers.

The issue is particularly germane, of late.  Why? Many in the Torah community are calling a number of the members of the Knesset “R’shaim.” This is on account of a constant barrage of recent legislation aimed at depriving financial benefits to the poorer members of the religious Jewish community.  The label of “evil-doers” is generating a tangible antipathy toward these MKs.

What follows is not only a different perspective, but a perspective that many of the halachic sources indicate that we should, in fact, have toward our brethren who have, nebach, become evil-doers.

DEBATE IN THE TALMUD

No one argues that one should keep a distance from an evil-doer (See Rambam Hilchos Teshuva 4:5). But there is an argument about other aspects of evil-doers.

The verse in Dvarim (14:1) states, “Banim Atem Lashem Elokaichem – you are [all] sons to Hashem your G-d.”  The Gemorah in Kiddushin (36a) cites a debate between Rabbi Yehudah and Rabbi Meir.  Rabbi Yehudah says that this verse applies only when we behave properly.  Rav Meir understands this verse as applying at all times even when we do not perform the will of Hashem.  Rav Meir’s understanding is that this verse applies not only at all times but also to everyone – even Rashaim.    Furthermore, it seems from the Rashba (Responsa Vol. I #194)  that the final halacha is like Rav Meir in this regard, and not like Rabbi Yehudah.

With this in mind, we can now better understand a fascinating Kol Bo (p.22) in the laws of Aveilus.  The Kol Bo cites a ruling of the Maharshal on the following case:

A Rabbi is faced with two people who are on their deathbeds and both require the Rabbi to say Vidui with them.  One of them is a righteous man.  The other is an infamous evildoer.  The Maharshal rules that the Rabbi should visit and tend to the needs of the evildoer.  “Because he certainly needs the penance more.”

Both of the deathly ill patients are Hashem’s sons – even the evil one.  Since they are Hashem’s children, and Hashem loves his children even if they do evil, it follows that we should also love them.  If Hashem loves them and treats them as sons, shouldn’t we?

Indeed, the Chofetz Chaim cites Rabbi Yaakov Molin (Ahavas Chessed toward the end of the book subparagraph 28) that it is a Mitzvah to love the R’shaim – evil-doers.  The Chofetz Chaim explains that when the Gemorah discusses hating evil-doers it is referring to only evil-doers who remain steadfast in their evil after having received proper rebuke.  But nowadays no one knows how to give proper rebuke – therefore there is still a Mitzvah to love them.

The Chofetz Chaim brings proof to this position from a responsa of the Maharam Lublin (Siman 13).  This is also the position of the Chazon Ish (Yore Deah 2:16, 28.  See also Even HaEzer 118:6) who cites the Hagaos Maimanios to the same effect (Deyos chapter 6).  The Binyan Tziyon (author of the Aruch haShulchan in a responsa) writes that in our times the entire issue of hating is not applicable because they should all be considered children who do not know otherwise.

Others suggest that the hating described in Tehillim is not a full hate, but rather a more subtle and partial emotion along those lines.  They illustrate this understanding by citing other instances in the Talmud where that term is used more subtly.

HOW TO LOVE

In Sefer Orech L’Chaim (beginning of Parshas Noach) he writes as follows:  “I had asked Rav Shmelka Nikolsberg how it is possible to love evil-doers.  He responded that one must focus on the Neshama that lies within them, as it is a chailek elokah mimaal, a portion of the Divine from Above.”

Rav Yisroel Salanter zt”l suggested that each individual employ “Tachbulos” mental tricks in order to fool himself into the proper method of thinking.  “Tachbulos” work differently for different people.  My Rosh yeshiva, Rav henoch Liebowtz zt”l explained that since Tachbulos work so differently, Rav Salanter did not provide sample Tachbulos.  Nonetheless, there is one that is enormously effective in developing a love for someone that may not have the most redeeming characteristics otherwise.  Let us imagine that we are living in Nazi Germany chalilah.  A Nazi is chasing you with a rifle in hand.  If this person that we are having difficulty with were present – would he not save you and try to eliminate the Nazi?  Of course he would.  If this is the case, is it his fault that we are all not living in Nazi Germany?  By the same token, if you were to have a flat tire in the middle of no where, would he not lend you ten dollars so that your flat can be changed?  Of course he would.  Is it then his fault that you, in fact, didn’t have a flat tire and din’t meet up with him?

The Tomer Dvorah (1:12) writes that it is proper to have mercy and compassion upon evil people and say, “At the end of it all he is a descendant of Abraham, Isaac and Jacob..”  This too can be used as a tool to help eliminate our hate toward the evil-doer.

OTHER ISSUES

Rav Moshe Feinstein rules (Igros Moshe CM Vol. I #8) that even if someone is a Rasha it is still forbidden to sue him in a gentile court.  Certainly it is clear from his writings that it would likewise be forbidden to damage him in other methods too.  Thus, we should avoid incarcerating him (unless he is a clear and present danger to others), killing him or defacing or damaging hs property.

What about the concept of Arvus – that all members of Israel are responsible for one another?  Does this apply to evil-doers?  This happens to be a debate in Halacha,  The Radbaz (Vol. I #187) and the Avnei Naizer (YD 126) write that there is no Arvus to an evil-doer.  Rav Yitzchok Elchonon Spector (Ein Yitzchok EH 1:10) writes that there is Arvus to an evil-doer.

There is also a Mitzvah of correcting one’s fellow man called “Tochacha.”  There is a debate as to whether this Mitzvah applies to evil-doers too. The Mishna Brurah (OC 608 in BH “Aval”) indicates that there is no Mitzvah.  Rav Yoseph Teumim author of the Pri Magadim  (Kuntrus Matan Scharan Shel Mitzvos III Chakirah 4) holds that there is, as does the author of the Maalos HaMidos (tenth Maalah).

CONCLUSIONS

It is clear from the above sources that even in regard to evil-doers, we need to gain some perspective. Cooler heads must prevail. They are still people and we have to realize that they are still sons of Hashem and have a chailek elokah mimaal – a Divine spark from above.  We should also pray for the opening of their eyes and ultimately having them see the truth.

The author can be reached at [email protected]

ARTICLE PUBLISHED BY 5TJT

NOTE: The views expressed here are those of the authors and do not necessarily represent or reflect the views of YWN.

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18 Responses

  1. shall I assume that an article about Reshaim and a pic of Dov Lipman that the implication is he is a rasha?
    I am no fan of his but I sure hope that YWN will be able to stand in front of Hashem one day.

  2. This sounds suspiciously like a non-Jewish (‘christian’) doctine of passive opposition to evil. It was very popular in Europe during the middle of the last century among those who were totally outraged by the holocaust but didn’t want to get in trouble by opposed the immoral and outrageous, but totally legal, acts of their legitimate government.

    The cooler head realizes that non-resistance to evil makes you an accomplice. On the question of מי לה’ אלי there is no “cool” answer. One is not loving a רשע by encouraging him in his mistaken ways by failing to oppose him.

  3. Dear Rabbi Yair Hoffman

    In your article of finding merits between klal yisroel you select “Many in the Torah community are calling a number of the members of the Knesset “R’shaim.”
    I can’t understand why don’t you do the same for others who don’t believe in the state of Israel like the neture karte or satmar they are also called “R’shaim” by allot of people? Did you exclude them from this finding merits just because the are “shomrie torah U’mitzvos” ?

  4. I know this probably wont get posted but still….

    Why do you feel the need to condemn Dov Lipman and not the admor how went to civil court or the one that sat in yeshivah gedolah of oatasville for staeling money.

  5. ״The Kol Bo cites a ruling of the Maharshal on the following case״

    Ummmmm, I believe the Kol Bo lived approx. 300 years before Maharshal. I find it difficult to understand how Kol Bo cited Maharshal.

  6. junkfreesignup: Greed is common and is not a threat to the existence of the Jewish people. There have always been greedy people and there always will be. The world will survive.

    Lipman and Lapid are not motivated by greed, but by hatred, and a desire to undermine Torah. If all they wanted was to get more money for themselves and their followers, they wouldn’t be the object of hatred. Their goal is to destroy the world of Torah.

  7. akuperma, did they teach you in your yeshiva that the worst thing a Yid can do is to be mechalel Shem Shamaim? L & L (Lipman & Lapid) do not mechalel Shem Shamaim. A prominent Yid sentenced to jail for a crime he truly committed, or one who turns to goyshe courts because he knows a beis din would not posken in his favor is mechalel Shem Shamaim in a big way. There are no buyers for your political spin.

  8. The fact that Rav Feldman Shlita amended his calling of Rabbi Lipman a rasha to a shogeyg does not seem to bother those who quote him. This is cherry picking the words of the tzaddik to meet an agenda. I think anyone who does this might as well come out and admit that they have no respect for this rosh yeshiva at all! Otherwise they would allow him the courtesy of speaking for himself.

  9. akuperma: hatred?!? While there might be some in the government that have hatred for the charaidi klal, to put lipman in the boat with him is not right and just shows a lack of understanding of the matzav (no pun intended) in EY.
    The majority that voted for the current government do not hate charaidim look at the poll quoted in the ami and others they are indifferent to charaidim, they do know that their children are in harms way and the charadi children are safe and sound, and while you and i both know that torah learning keeps our brothers in EY safe, they do not believe in this or even in Hashem at all!!! We can force people to live a life of torah (ala Miami Boys Choir), just as they cant tell you not to live a life of torah. You also can not tell them to support your life choices against their will.

    As to the point that no one can be frum in the army, there is lots of truth to that, and a compromise is definitely needed, if it is sharut leumi as by the arabs or some other community service ala zaka or hatzalah or just volunteering at local hospitals, there has to be some give and take.

    To the point that giving the people a choice or opportunity to work is somehow contra to a torah life is mind boggling at best, since when is the ability to choose a bad thing, the gemorah mishnah and history are full of torah people who worked for a living. Harba Krab Shimon Vilo Alsa Biyadom.

  10. I am not on par with Rabbi Hoffman. Nonetheless I need clarification on whether he is writing this as merely a possible approach or is it the approach he personally thinks is what the Torah prescribes.

    Political correctness notwithstanding, I pray three times a day that wicked men die.

    David did say, as properly quoted, that he hates the wicked. In fact he adds ‘Utmost hate have I for them, they are my personal enemies!’

    And in Rabbi Hoffman’s example – would he contrive ways to justify the Nazi, even had the Nazi Jewish blood??

  11. Akuperman: Your post in #9 is probably what the ‘tzadikim’ of the Second Beis HaMikdash said. They were stuped in Torah but didn’t respect bein adam lchaveiro and Choshen Mishpat. Maybe you should learn sefer Amos, but a better starting place would probably be Chumash.

  12. #8 galicianer – it’s good that you’re observant enough to notice a query like that. However, you should have done a little investigation on your own first. If you notice, he quoted the Kol Bo on Aveilus. That is not the famous Kol Bo that we all know of that was written by one of the early Achronim (some say it was Rav Yosef Caro), but rather a contemporary Rav from Ohio named Rabbi Yekusiel Yehudah Greenwald. The name of his sefer is “Kol Bo Al Aveilus”.

  13. #10 dovid2 – your statements are clearly coming from your own heart and not from having discussed the issue with a competent Talmid Chocham. I suggest you search for a mentor and work on removing your animosity towards those Rabbanim. I know nothing about the case of theft, but concerning the court case I was also shock! However, we need to put things in perspective. That doesn’t make someone a Mumar L’hachis.

    Personally I feel that Lapid, like his wicked father, is a Mumar L’hachis. It could be argued though that he is only a mumar l’tei’avon.

    Concerning Lipman, HaRav Feldman in the end stated that he is a “shogeg” and “extremely misguided”.

    Concerning the pic, I don’t think the Editors of YWN intentions were to place a specific label on these two, but rather just the fact that they are both sinners and if so, then the picture is fitting for this article.

  14. HaRav Feldman only modified his comment regarding Lipman’s earlier comment that he was originally citing that turned out to be a misquote by Israeli radio. Nevertheless Lipman made many more such comments that were far worse that no one denies he made, that more than qualifies him the status HaRav Feldman initially gave him.

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