By: Nathan Kotler

background

Our mishnah states that two partners in a valley (a grain field) who agreed to build a wall should install a 'frontage' on each side to indicate that the wall was built jointly. In our issue, Rava of Perzika and Abaye disagreed on the question of why the mishnah mentioned the issue of the frontage? Abaye believes - to prevent fraud. But Rava challenges him, "And the Mishnah said, 'What does it mean for fraudsters?!' [Could it be that the Mishnah came to teach us how to protect ourselves from fraudsters?!]"

Two points of view

What is behind the dispute between Rava and Rav Ashi? It seems that they disagreed on the question of the extent to which the fear of fraudsters should be expressed in the halakha? Abaye believes that the Mishnah does indeed teach us a rule against fraudsters as a central issue (Tos'), but Rava of Parzika believes that the Mishnah essentially focuses on the proper conduct between neighbors, "And you shall judge righteously between a man and his brother and his stranger [neighbor]" (Deuteronomy 1:16). The Mishnah does not seek to teach us how to defend ourselves against fraudsters as a main issue, but only incidentally. The issue ends with the decisive words of Rabina that indeed the Mishnah did not "prescribe a fraudster," but rather to teach us a halakha that even in the midst of a quarrel, a quarrel is beneficial.

Halacha's focus on the inner goodness of man

The method of Rava of Parzika and Rabina expresses the idea that the law focuses on the inner goodness of man and there is no need to focus on extreme cases. The Gemara generally proceeds from the premise that most people are good and honest, and therefore when a halakhic case of immoral actions is presented – the Gemara asks “How long are we dealing with the wicked? [=And how long are we dealing with the wicked?!]” (Yevamot 33:2 and more).

This idea is significant regarding our perspective on the world, on society, and on those around us. Is our perspective focused on the margins and extremes, or on the majority that is decent, upright, and good?

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