#152: The Goose & the Gander — Rabbi Amy Scheinerman

…Moses made haste and bowed his head toward the ground and prostrated himself [before God] (Exodus 34:8). What did Moses see? R. Chanina b. Gamla said: [Moses] saw [God’s attribute of] Slow to Anger. But the Rabbis say: [Moses] saw [God’s attribute] of Truth. It is taught by the one who said that [Moses] saw Slow to Anger, as it is taught [in a baraita]: When Moses ascended to heaven, he found the Holy Blessed One sitting and writing, “Slow to Anger.” [Moses] said to [God], “Master of the universe, is Slow to Anger [only] for the righteous?” [God] said to him, “Even for the wicked.” [Moses] said to [God], “Let the wicked be obliterated.” [God] said to him, “Now (i.e., in time) you will see that you need this.” When Israel sinned [in response to the report of the spies, at which time Moses implored God to forgive the people], [God] said to [Moses], “Did you not say to Me that Slow to Anger should be for the righteous [alone]?” [Moses] said to [God], “Master of the universe, and is this not what You said to me: ‘[Slow to Anger] is even for the wicked’?” This is [the meaning of] that which is written, Therefore, I pray You, let Adonai’s forbearance be great, as You have spoken, saying… (Numbers 14:17). (BT Sanhedrin 111a, b)

INTRODUCTION

The human proclivity for vengeance and retribution needs no introduction. Most all of us are living proof that the tendency to approve punishment for those we don’t like far exceeds our  sense that justice demands equal treatment for our friends and allies. The passage above envisions Moses wrestling with this all-too-human emotional and moral dilemma. At the root of the discussion is a famous account in Exodus of Moses’ direct view of God on Mount Sinai: Adonai came down in a cloud; [God] stood with [Moses] there and proclaimed the name “Adonai.” Adonai passed before [Moses] and proclaimed, “Adonai! Adonai! A God compassionate and gracious, slow to anger, abounding in kindness and faithfulness, extending kindness to the thousandth generation, forgiving iniquity, transgression, and sin; yet [God] does not remit all punishment, but visits the iniquity of parents upon children and children’s children, upon the third and fourth generations.” (Exodus 34:5-7) This passage is known as “The Thirteen Attributes” it enumerates. These verses emphasize that God’s forgiveness extends to “the thousandth generation,” while God’s willingness to punish evil-doers extends only to “the third and fourth generations.”

COMMENTARY

Given that Torah asserts that God descended in a cloud and stood alongside Moses, the Rabbis ask: What, precisely, did Moses see in that moment that led him to hastily prostrate himself before God just as God finished proclaiming the Thirteen Attributes? R. Chanina b. Gamla says Moses saw the middah (attribute or character trait) of Erekh Apayim (Slow to Anger), God’s forbearance and reluctance to punish. R. Chanina’s colleagues disagree, claiming Moses bowed in homage to Truth. However, a baraita is brought in support of R. Chanina’s opinion; it claims that Moses prostrated before God in that particular moment precisely because he saw God writing the words “Slow to Anger” into the Torah that God would momentarily reveal to Moses. He asks God if this consideration would be given only to righteous people. God responds no: Slow to Anger is for all people, including the wicked. Moses objects, telling God that the wicked should be quickly destroyed. But God enigmatically replies: Don’t be too quick to wish for that, Moses because a time will come when you will request that I exercise just this attribute in favor of  people who exhibit behavior you now condemn; then you will be glad Slow to Anger applies to them, as well.

Sure enough, what God predicts transpires. As recounted in Numbers chapters 13-14, Moses dispatches twelve spies on a reconnaissance mission of the Land of Israel, ten return with a negative report that frightens and disheartens the people. As a result, Israel rebels against God’s command and threatens to pelt Moses and Aaron with stones. God expresses the desire to strike the people with pestilence and disown them (14:12) but Moses exhorts God to forgive them, evoking God’s exceptional forbearance (14:18). In his own enumeration of God’s divine attributes, closely echoing Exodus 34:5-7. Moses lists Slow to Anger first. Perhaps this fascinating detail inspired this aggadic narrative: Adonai! Slow to anger and abounding in kindness; forgiving iniquity and transgression; yet not remitting all punishment, but visiting the iniquity of parents upon children, upon the third and fourth generation (v. 18). Moses concludes, Pardon, I pray, the iniquity of this people according to Your great kindness, as You have forgiven this people ever since Egypt (v. 19). The phrase, “as You have forgiven…ever since Egypt” evokes the notion of Slow to Anger. And, indeed, God pardons Israel (v. 20). God’s warning to Moses has come to fruition. If Slow to Anger is appropriate for the righteous, who are not in need of forgiveness because they have not sinned, do not the wicked need God’s forbearance and forgiveness all the more? Is not what’s good and due the righteous goose good and appropriate for the wicked gander, as well?

QUESTIONS TO CONSIDER AND DISCUSS

1. Is the middah (attribute) of Erekh Apayim—being slow to anger and not rushing to judgment— an unearned concession to the wicked, or a fundamental element of justice? Why or why not? Are there implications for criminal and civic justice in our own times? What are the implications for our personal relationships?
2. The principle of God’s forbearance toward both for righteous and wicked is encapsulated in a narrative about Moses’ inability to understand and foresee that he might value God’s forbearance at a future time when Israel is “wicked.” Can you identify real-world examples when you were unable to see the other side of an issue until it impacted your life personally?
3. Do you consider yourself slow to anger? If not, how might you cultivate this attribute?

#151: The King & the Judge — Rabbi Amy Scheinerman

Why are the kings of Israel [not judged]? Because of an incident that occurred. The slave of King Yannai killed a person. Shimon b. Shetach said to the Sages, “Set your eyes on him and let us judge him.” They sent [a message] to [King Yannai]: Your slave killed a person. [Yannai] sent [his slave] to them. They sent [another message] to Yannai: You come here also, [because concerning], [the ox] and its owner (Exodus 21:29) Torah stated that the owner should come and stand [trial] with his ox. [Yannai] came and sat. Shimon b. Shetach said to him, “King Yannai, stand on your feet and [witnesses] will bear witness against you. It is not before us that you stand, but rather you stand before the One Who Spoke and the World Came Into Being, as it says, the two parties to the dispute shall appear before Adonai (Deuteronomy 19:17).” [Yannai] said to him, “I will not [comply] when you [alone] tell me, but rather only if your colleagues say so.” [Shimon b. Shetach] turned right. [The judges to his right] forced themselves to look down at the ground. He turned to the left. [The judges to his left] forced themselves to look to the ground. Shimon b. Shetach said to them [i.e., all the judges], “You are masters of thought. May the Master of Thought punish you.” Immediately, [the angel] Gabriel came and struck them to the ground and they died. At that moment, [the Rabbis] said: A king does not judge [others] and [others] do not judge him. He does not testify [against others] and [others] do not testify against him. (BT Sanhedrin 19a,b)

INTRODUCTION

Torah expresses deep reservations about Israel’s desire to be ruled by a king out of concern for the potential, or perhaps likelihood, that a king would abuse his power. Deuteronomy 7:14–20 restricts a king’s wealth, military power, and ability to make personal alliances with other nations  through marriage. At the same time, Torah assigns to the Levites the exclusive right to interpret the law. The Rabbis considered themselves the rightful inheritors of levitical authority and, accordingly, run the courts.

Tractate Sanhedrin delineates the structure, organization, and procedures rabbinical courts must follow. Without  explanation, mishnah 2:2 specifies, “The king may neither judge nor be judged; may not give testimony nor may others testify against him…”  The Gemara explains this by means of a narrative concerning an occasion when Shimon b. Shetach, president of the Sanhedrin, attempted to summon to court the second Hasmonean ruler, King Yannai (AKA Alexander Jannaeus), in the late second century BCE. Although Yannai initially complies, things do not proceed smoothly. The action quickly focuses on the underlying conflict between Shimon b. Shetach’s authority and King Yannai’s power.

COMMENTARY

The Sanhedrin, the rabbinical court, is called upon to adjudicate a case of murder. Shimon b. Shetach, president of the Sanhedrin, summons the accused, a slave belonging to King Yannai, to court via a message to the king. Yannai initially complies. The sage then demands that the king, himself, appear alongside his slave, citing a law in Torah that holds the owner of an ox responsible for damage wrought by his animal. The analogy of the slave-king to an ox-owner relationship implies that just as the ox should be supervised and controlled at all times by the owner or the owner’s agent, the king should do likewise vis-a-vis his slave and bears responsibility for crimes committed by the slave. Given that the slave is a human, not an animal, this argument is dubious at best. Initially, Yannai appears compliant. As the action unfolds, however, we find ourselves amidst a pitched battle between Shimon b. Shetach’s authority and King Yannai’s power. Shimon b. Shetach demands that the king stand in court, a posture of deference and respect that is generally the inverse of the usual posture whereby a king sits on his throne and others stand before him. The sage specifically notes that the king must stand not before the sages who serve as justices, but before God, the ultimate power and authority of the universe. Yannai, whom we easily picture brimming with contempt, neither stands nor utters a word in response. Rather, he stares menacingly at the rabbi-justices arrayed to Shimon’s right and left. They all look down at the ground, signaling submission to the king’s superior power. The story does not end with either King Yannai’s conviction or exoneration, but rather with Shimon b. Shetach castigating his colleagues, whom he condemns as having failed in their duty as “masters of thought” on the model of the Divine “Master of Thought.” Heaven apparently concurs in this judgment and carries out the ultimate punishment: the justices who deferred to the king all die.

QUESTIONS TO CONSIDER AND DISCUSS

1. Do you think that King Yannai initially appears in court to show deference to the Rabbis, or  intends all along to intimidate them with a show of steely confidence in his superior power in the very location where they exert their authority and thereby issue a warning?
2. Did Shimon b. Shetach exercise his authority properly? If a king is beholden to the laws of the Torah no less than any other citizen, should the courts try him for violations of the law or summon him as a witness to a crime?  Does the conflict between King Yannai and Shimon b. Shetach center on law or the practical reality of the uneven distribution of power between the ancient Jewish “executive” and rabbinic judiciary? Do you find parallels today?
3. The rabbi-justices meekly submit to Yannai’s power. Should we understand this as tacit agreement that Shimon b. Shetach is overreaching in his attempt to call the king as a witness or try him for murder (as the “owner of the ox”)? Or, are the sages thoroughly intimidated and terrified by the king? Might their fate at the hands of Heaven be considered middah k’neged middah (“measure for measure”): they looked down to the ground in acquiescence to human power, rather than up to heaven in obedience to the divine authority invested in the Sanhedrin? Can you envision another outcome for the situation described in the narrative?