The original man in black TB Moed Katan 17

I’m going to share the following famous story in its entirety on daf TB Moed Katan 17 before I comment on it.

There was a certain Torah scholar who gained a bad reputation due to rumors about his conduct. Rav Yehuda said: What should be done? To excommunicate him is not an option. The Sages need him, as he is a great Torah authority. Not to excommunicate him is also not an option, as then the name of Heaven would be desecrated.

Rav Yehuda said to Rabba bar Ḥana: Have you heard anything with regard to this issue? He said to him: Rabbi Yoḥanan said as follows: What is the meaning of that which is written: “For the priest’s lips should keep knowledge, and they should seek Torah at his mouth; for he is a messenger [malakh] of the Lord of hosts” (Malachi 2:7)? This verse teaches: If the teacher is similar to an angel [malakh] of the Lord, then seek Torah from his mouth, but if he is not pure and upright, then do not seek Torah from his mouth; even if he is knowledgeable about Torah, do not learn from him.

Based on this statement, Rav Yehuda ostracized that Torah scholar. In the end, after some time had passed, Rav Yehuda took ill and was on the verge of death. The Sages came to inquire about his well-being, and the ostracized scholar came along with them as well. When Rav Yehuda saw him, that scholar, he laughed.

The ostracized scholar said to him: Was it not enough that you excommunicated that man, i.e., me, but now you even laugh at me? Rav Yehuda said to him: I was not laughing at you; rather, I am happy as I go to that other world that I did not flatter even a great man like you, but instead I treated you fairly in accordance with the halakha.

Rav Yehuda died. The ostracized scholar came to the study hall and said to the Sages: Release me from the decree of ostracism. The Sages said to him: There is no man here as eminent as Rav Yehuda who can release you from the ostracism. Rather, go to Rabbi Yehuda Nesia in Eretz Yisrael, as only he can release you. That scholar came before Rabbi Yehuda Nesia. Rabbi Yehuda Nesia said to Rabbi Ami: Go and examine his case. If it is necessary to release him from his decree of ostracism, release him on my behalf.

Rabbi Ami examined his case and thought at first to release him from his ostracism. But Rabbi Shmuel bar Naḥmani rose up on his feet and said: If the maidservant in the house of Rabbi Yehuda HaNasi once ostracized another person, and the Sages did not relate frivolously to her decree of ostracism and did not revoke it until three years had passed, all the more so, with regard to a decree of ostracism placed by Yehuda our colleague, we must take it seriously and not release this scholar.

Rabbi Zeira said: What caused this Elder, Rabbi Shmuel bar Naḥmani, to come before us in the study hall today though for many years he did not come, and now he comes precisely during this discussion. Learn from this that it is not necessary to release him from his decree of ostracism, as this combination of events is certainly not a coincidence. Rather, it should be viewed as an instructive sign from Heaven. Consequently, Rabbi Ami did not release him from the ostracism, and the ostracized scholar left in tears.

A wasp came and stung the ostracized scholar on his penis and he died. Because he was a great Torah scholar, they took him into the caves in which the pious are interred in order to bury him there, but the caves did not accept him. A snake stood at the entrance of the caves and did not let them pass. They then took him into the caves of the judges, and they accepted him.

The Gemara asks: What is the reason that he was accepted there? The Gemara answers: Even though he sinned, he still acted in accordance with the opinion of Rabbi Ilai, as it is taught in a baraita: Rabbi Ilai says: If a person sees that his evil inclination is gaining control over him and he cannot overcome it, then he should go to a place where he is not known. He should wear black, and he should wrap his head in black, as if he were a mourner. Perhaps these changes will influence him, so that he not sin. Even if these actions do not help, he should at least do as his heart desires in private and not desecrate the name of Heaven in public. Although this person had sinned, he did so in private and in a manner that did not publicly desecrate God’s name, and therefore it was fitting that he be given an honorable burial. (Sefaria.org translation)

The Gemara never explicitly tells us what that Torah scholar did to gain a bad reputation.  Rabbeinu Hananiel explains that he was involved with sectarianism. Nevertheless, most Rishonimin say his sin was illicit sexual relations. The Ritba explains that this Torah scholar did not transgress any Torah prohibitions, but rather violated rabbinic ordinances by permitting himself to be sequestered with women who are not his wife and similar prohibitions. Tosefot ד"ה סְנוּ שׁוּמְעָנֵיהּ agrees that his transgression was sexual in nature by virtue of his punishment. Tosefot sees his comeuppance as measure for measure, מידה כנגד מידה . He sinned with his penis and was punished via his penis.

I think the point that Rabbi Yehuda makes on his deathbed concerning this Torah scholar is that no one is above the law. If rabbis or Christian clergy take advantage of their position and sexually abuse children or anybody else, they should be treated like all other criminals. They should pay for their crimes. No one should be above the law.

 So far only ordinary American citizens who on January 6 breached the capital in order to prevent the lawful transfer of power from Pres. Trump to President-elect Biden have been indicted, tried, found guilty, and sentenced according to the crime. We do not know who the DOJ has investigated in Trump’s inner circle including Trump himself. I can only hope that the DOJ’s investigation is going up the ladder of seditionists. If evidence points to these people’s guilt whether they be congressmen, senators, cabinet members, or even the president of the United States himself, they should be indicted and tried. If found guilty they should suffer the maximum penalty for the crimes to overthrow our democratic government. Nobody is above the law.

Last of all, wearing black and going out of town won’t provide you an anonymity anymore. Think of all those January 6 insurrectionists who came from all points of our country and how they were identified. If, God forbid, you are thinking of breaking the law, remember that is no such thing as privacy anymore. There are cameras everywhere. Even if you delete the posts, social media captures and preserves what you say and what you do. These posts can and will be used against you. Better off if you don’t sin or break the law at all.