The pluses and minuses of being a righteous person , a tzadik TB Baba Kama 50

Up to now we’ve been learning about damages caused by an ox (or any other animal). Daf TB Baba Kama 50 changes the topic to damages caused by a pit (bor-בּוֹר). Here we must make a distinction between American law and Jewish law. Obviously, the Gemara only discusses what the Jewish law would be. Everybody agrees that a person is not liable when a person or an animal enters his property without permission and falls in a pit. That person is trespassing. Similarly everybody agrees that a person who digs a pit in public property is liable for all damages with two exceptions.

The rabbis give an exemption to those who “digs to lay foundations” (Sefaria.org translation) of their house. The rabbis want to make sure that houses have strong foundations so they would not collapse. There is a disagreement whether a person has to erect a fence or recess the foundation trench a bit into his property to be free from liability. When a person is digging wells to collect rainwater for drinking in the public domain is the second exemption. This person is working on behalf of the public. “The Sages taught: If someone dug or opened a well and transferred it to the public for their use, he is exempt from damage caused by the well. If he dug or opened a well and did not transfer it to the public, he is liable.” (Sefaria.org translation)

The Gemara gives an example of a righteous person, a tzadik, who dug wells as an example. And then goes on and tells a story about the pluses and minuses of being a righteous person.

“Having mentioned the deeds of Neḥunya, the Gemara relates that the Sages taught: An incident occurred involving the daughter of Neḥunya the ditchdigger, where she fell into a large cistern and no one could extricate her from it. They came and informed Rabbi Ḥanina ben Dosa so that he would pray on her behalf. When the first hour had passed from the time of her fall, he said to them: She is at peace and unharmed. After the second hour, he said to them: She is at peace. After the third hour, he said to them: She has ascended from the well, and indeed this was the case.

“They said to her: Who brought you up out of the well? She said to them: A male sheep, i.e., a ram (according to Rashi, this was the ram that was sacrificed stead of Isaac-gg) happened to come to me, and a certain old man, i.e., Abraham, was leading it, and he pulled me out. (Some say it was Abraham because he had compassion for both his sons Isaac and Ishmael. Consequently, he has compassion for all their offsprings-gg) They said to Rabbi Ḥanina ben Dosa: Are you a prophet? How did you know she had ascended? Rabbi Ḥanina ben Dosa said to them: “I am no prophet, neither am I a prophet’s son” (Amos 7:14), but this is what I said to myself: Shall the offspring of Neḥunya stumble by means of the very matter which distressed that righteous man?

“Rabbi Aḥa says: Although Neḥunya ensured that others would have water, even so, his son died of thirst, fulfilling that which is stated: “And around Him it storms [nisara] mightily” (Psalms 50:3). This teaches that the Holy One, Blessed be He, is scrupulous with those around Him, i.e., the righteous, even to the extent of a hairsbreadth [hasa’ara], so that even minor transgressions elicit a severe punishment. Rabbi Neḥunya says: The same idea may be learned from here, in the following verse: “A God dreaded in the great council of the holy ones, and feared by all those that surround Him” (Psalms 89:8), indicating that God is most careful and exacting with those that surround Him, i.e., the righteous.

“Rabbi Ḥanina says: Anyone who states that the Holy One, Blessed be He, is forgiving [vateran] of transgressions, his life will be relinquished [yivatru], as it is stated: “The Rock, His work is perfect, for all His ways are justice” (Deuteronomy 32:4). In other words, God does not waive heavenly justice. Rabbi Ḥana says, and some say that Rabbi Shmuel bar Naḥmani says: What is the meaning of that which is written in the verse that recounts the thirteen attributes of mercy: “Long-suffering [erekh appayim]” (Exodus 34:6), using the plural form, and it is not written as erekh af, in the singular? In order to teach that He is long-suffering for both the righteous and for the wicked and does not punish them immediately for their transgressions.” (Sefaria.org translation)

The plus of being a truly righteous person is that God sometimes performs miracles on his/her behalf. Although most often God delays rewarding the truly righteous person after 120 years. The minus of being a truly righteous person is God holds him/her to a higher standard and suffers consequences for even minor transgressions. The rest of us depend upon God’s compassion when the Holy One is judging us.