Moses got a yasher koakh for breaking the first set of tablets! TB Baba Batra 14

 If you like math or interested in carpentry, today’s daf TB Baba Batra 14 is for you. Rabbi Meir and Rabbi Yehuda disagree about the dimensions of the ark that contained the Two Tablets of the Covenant a.k.a. the 10 Commandments. Rabbi Meir’s ark was larger because his amah was six tefakhim long and Rabbi Yehuda’s ark was smaller because his amah was only five  tefakhim long. The Gemara goes on to explain where the Safer Torah and the broken shards of the first tablets were located based on the dimensions of each rabbi’s ark.

The Gemara provides the derasha where Rabbi Meir learns that the broken Tablets rested in the ark along with the second set. “Rather, from where does he derive that the broken pieces of the first set of tablets were placed in the Ark? The Gemara expounds: He derives this from that which Rav Yosef taught, as Rav Yosef taught a baraita: The verses state: “At that time the Lord said to me: Hew for yourself two tablets of stone like the first…and I will write on the tablets the words that were on the first tablets, which you broke, and you shall put them ("אֲשֶׁר שִׁבַּרְתָּ וְשַׂמְתָּם") in the Ark” (Deuteronomy 10:1–2). This teaches that both the second set of tablets and the broken pieces of the first set of tablets were placed in the Ark.” (Sefaria.org translation)

Since Rabbi Yehuda learns that the broken tablets were also placed in the ark from a different source, the Gemara wants to know how he interprets the above verse. “He requires it for that which Reish Lakish teaches, as Reish Lakish says: What is the meaning of that which is stated: “The first tablets, which you broke [asher shibbarta]”? These words allude to the fact that God approved of Moses’ action, as if the Holy One, Blessed be He, said to Moses: May your strength be straight [yishar koḥakha] because you broke them.” (Sefaria.org translation) Reish Lakish uses the similar sounding words asher (אֲשֶׁר) and yishar (יִישַׁר) to build his derasha.

Why would God approve of breaking the first set of tablets? Shemot Rabbah provides one of many different answers. God was pleased that Moses found a legal loophole that saved the Jewish people from the death penalty.  “Moses the righteous one argued in a similar vein. How can I give is released tablets? I shall thereby be involving them in serious breaches of the commandments rendering them liable to the death penalty. For thus it is written: ‘He that sacrifices to the gods save to the Lord only, shall be utterly destroyed.’ Instead I shall break them and reform the people. Moses’ action met with the approval of the Omnipotent, as it is stated: ‘The tablets, which you did break’ implying: ‘More power to you for having broken them!”

Devorim Rabbah 43:1 explains what exactly this loophole was. “Moreover, Moses said: It is preferable that they be judged as unwitting sinners and not be intentional sinners. Why? It is because it was written in the tablets: “I am the Lord your God” (Exodus 20:2), and its punishment adjacent to it: “One who sacrifices to gods, [other than to the Lord alone,] shall be destroyed.” That is why he broke the tablets.” (Sefaria.org translation) In this case ignorance of the law is a good defense.