Wednesday, January 22, 2020

Watch what comes out of your mouth TB Berachot 19



Today’s daf TB Berachot 19 spends a lot of time proving that one should not speak ill of the dead especially if they are a Torah scholar. The rabbis excommunicated Akavya ben Mahalel because he spoke despairingly of Shemaya and Avtalon. This particular story could serve as a loose precedent today.

What is the source for one who speaks disparagingly after the biers of Torah scholars? As we learned in the mishna: Akavya ben Mahalalel would say: In the case of a woman whose husband suspects her of adultery, who was warned by her husband not to seclude herself with another man and she did not listen (see Numbers 5), the court does not administer the bitter water potion of a sota to a convert or an emancipated maidservant. And the Rabbis say: The court administers the bitter water potion to them. And the Rabbis said to him as proof: There is the story of Kharkemit, an emancipated maidservant in Jerusalem, and Shemaya and Avtalyon administered her the bitter waters. Akavya ben Mahalalel said to the Sages: That is no proof. Shemaya and Avtalyon, who were also from families of converts, required the maidservant to drink the potion because she was like them [dugma]. And since Akavya ben Mahalalel cast aspersion on the deceased Torah scholars, he was ostracized and died while he was still under the ban of ostracism. And in accordance with the halakha with regard to one who dies while under a ban of ostracism, the court stoned his coffin. Apparently, one who deprecates a deceased Torah scholar is sentenced to ostracism. (Sefaria.com translation)

The case of Akvya ben Mahalel resonated with me because it reminded me when candidate Trump attacked Judge Gonzalo Curiel based on his heritage. The judge, Gonzalo Curiel, first entered the Trump political story long before the President came to the White House, back when Curiel got a class-action lawsuit in 2016 concerning students who said they had been defrauded by Trump University. 

During the campaign one of Trump’s campaign promises was to build a wall on the Mexican American border to prevent undocumented Mexicans from entering the country. He called these Mexicans criminals. “When Mexico sends its people, they’re not sending their best,” he said. “They’re not sending you. They’re not sending you. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”

Because of his statements about Mexicans Trump said Curiel was not going to be impartial because he was "Mexican."  Curiel works in the Southern District of California but was born in Indiana.

Trump's attacks on Curiel weren't a one-off thing, either. They were repeated and sustained and mean. "I have a judge who is a hater of Donald Trump, a hater. He's a hater," Trump said in San Diego in May of 2016, kicking off the controversy.

Trump's comments led to accusations of racism, including from Republicans. Condemnation of comments made by Donald Trump about a federal judge reached the heights of the national Republican leadership when then U.S. House Speaker Paul Ryan rebuked the GOP's presumptive presidential nominee on June 7, 2016. "I disavow these comments," the Wisconsin Republican said. "Claiming a person can’t do the job because of their race is sort of like the textbook definition of a racist comment. I think that should be absolutely disavowed. It’s absolutely unacceptable."

The case was ultimately settled after Trump won the White House.


We have always believed in the power of speech. God created the entire universe by speaking those 10 utterances found in the very first chapter of Genesis. Because we are created in God’s image, we too can create worlds with our thoughtful speech, or destroy worlds with our thoughtless speech. Words can heal, words can hurt.  We must distance ourselves from mean, cruel, and false words because of the damage they wreck in their wake. Kind and gentle words are like spun gold: they surely enrich the world and make it a more beautiful place in which to live. They enhance our relationships with one another and they bring peace. Consequently, we should never speak despairingly about anybody whether he or she is a Torah scholar, a modern judge, or just an ordinary person and whether he or she is dead or alive.


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