Sunday, February 11, 2024

Going above and beyond the letter of the law TB Baba Kama 100

The Gemara on daf TB 99 taught that a true expert in a field is exempt from liability when he makes a mistake. Since the person is an expert he is not considered negligent. The daf concludes with the story that teaches an important value lesson.

There was a certain woman who presented a dinar to Rabbi Ḥiyya to assess its authenticity. He said to her: It is a proper coin. The next day she came before him and said to him: I presented it to others, and they told me that it is a bad dinar, and I am not able to spend it. Rabbi Ḥiyya said to Rav: Go exchange it for her, and write on my tablet [apinkasi]: This was a bad transaction, as I should not have assessed the coin.

“The Gemara asks: But what is different about Dankhu and Issur, who are exempt due to the fact that they do not need to learn about assessing currency? Rabbi Ḥiyya too did not need to learn, as he was also an expert. The Gemara responds: Rabbi Ḥiyya was not actually required to return a dinar to this woman, but when he did so he acted beyond the letter of the law (לִפְנִים מִשּׁוּרַת הַדִּין). (Sefaria.org translation)

The sugiyah ends on daf TB Baba Kamma 100 by giving the source for going beyond the letter of the law. Each phrase of the verse is explained in order to teach an important value. “This is as that which Rav Yosef taught concerning the verse: “And you shall show them the way wherein they must walk, and the work that they must do” (Exodus 18:20): “And you shall show them”; this is referring to the core of their existence, i.e., Torah study, which is the source of life. “The way”; this is referring to acts of kindness. “They must walk”; this is referring to visiting the sick. “Wherein”; this is referring to the burial of the dead. “The work”; this is referring to conducting oneself in accordance with the law. “That they must do”; this is referring to conducting oneself beyond the letter of the law. This indicates that the Torah mandates that people conduct themselves beyond the letter of the law.(Sefaria.org translation)

I discovered on the Internet Judge Frank Caprio who epitomizes this quality of showing compassion and willingness to go beyond the letter of the law. Here is just one example of how he treats those who come before him. https://www.youtube.com/watch?v=UyEkMXv9EtU

Our world would be a better place if we followed Rabbi Ḥiyya and Judge Caprio’s example and go beyond the letter of the law in all our relationships.

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