This week’s set of Mishna seems to be more than just a little bit out of place. Mishna eight and nine taught by Yehuda ben Tabbai and Shimon ben Shetach do not seem to follow the ethical, moral, and homiletic themes that we find throughout Pirkei Avot. Instead, what we find in these Mishnas are advice and technical details necessary for judges. It is difficult to try to understand how this Mishna not only fits in with the other Mishnayot of Pirkei Avot but more importantly, how it is relevant to us as regular non-judges.
Its interesting to look back historically to see who Yehuda ben Tabbai and Shimon ben Shetach were as leaders of the Jewish people. While we know that together they formed the leadership team of Nasi (President) and Av Beit Din (Head of the Court), precisely who had which role is less clear. The Mishna in the second chapter of Chagiga suggests that Yehuda ben Tabbai was in fact the Nasi to Shimon ben Shetach’s Av Beit Din. The era in which these two leaders served was incredibly violent and difficult as King Yannai began to persecute, hunt down and murder the sages. With this persecution of the sages of the Jewish people, the spiritual life of the Jewish people began to suffer. The Gemara in Kiddushin (66a) writes that “The world was desolate until…Shimon ben Shetach returned the crown to its glory.” In fact the Talmud Yerushalmi in Brachot (7:2) describes in detail how Shimon ben Shetach was able to ‘win’ the full privileges of his freedom from King Yannai (who happened to be his brother-in-law—married to Shimon’s sister Shlomtzion).
The Gemara in Ketuvot (82b) as well as the Yerushalmi in Ketuvot (8:11) describes some of the many contributions made by Shimon ben Shetach to the Jewish community. The first of his two greatest and lasting achievements was the institution of the Ketuva (marriage document) which expanded the protection of women, making sure that in the event of divorce they were not left with nothing. The second of his most important accomplishments was working together with Yehoshua ben Gamla to set up a school system in every community. Through his work, Shimon ben Shetach ensured that every single child from every home (especially those that were left orphaned) would have the ability to participate and study Torah. To this day, the impact of Shimon ben Shetach’s work continues to improve and have a positive effect on the lives of Jews around the world.
There is a particularly famous story about Shimon ben Shetach that paints a picture for what kind of a person he really was. The Talmud Yerushalmi Bava Metzia 2:5 describes how Shimon ben Shetach worked in the linen business which sadly led made it difficult for him to make a suitable living. Seeing that their Rebbie was incredibly poor, his students urged him to leave his business and purchase a donkey. After purchasing the donkey from a non-Jewish salesman, it was discovered that the original owner had left a beautiful pearl on the donkey. His students were thrilled when they found this treasure, because now their teacher would be able to teach Torah without any financial worries—Shimon ben Shetach was no rich! When they brought the pearl to their teacher, Shimon ben Shetach asked the student if the owner of the donkey knew that the treasure was still there. When they said no, Shimon ben Shetach exclaimed, “Do you think I am a barbarian? I bought a donkey not a pearl?!” At which point, he promptly returned the jewel to its rightful owner. The seller of the donkey was so overwhelmed that he cried out, “Blessed is the G-d of Shimon ben Shetach.”
Shimon ben Shetach’s actions highlight the hidden meaning of our Mishna in Pirkei Avot. Shimon ben Shetach understood that being a great teacher and leader meant more than just deciding Jewish law, it meant living his life as a model to others. Through his exemplary conduct with this non-Jewish seller, he was able to not only show the greatness of one person, but was able to reflect the greatness of Judaism. Said another way, Shimon ben Shetach’s actions led to a Kiddush Hashem, a sanctification of G-d.
Judaism certainly puts an enormous focus on justice and the judicial system. Until Yitro, comes along, Moshe would spend the entire day serving as judge to the Jewish people. Through Yitro’s advice an elaborate court system was put into place such that every city in Israel would be required to have a major high court of 23 judges large enough to preside over capital cases. In fact the Mishna in Sanhedrin (1:6) explains that even the smallest of villages made up of 120 adult men needed these courts. While tradition teaches us that these courts never produced a death sentence, the mere presence in the community certainly helped to promote the ideals of living one’s life nobly and ethically. In that sense, judges stand for something greater than just being arbiters of law; they serve as role models for the community.
The preceding Mishnas in Pirkei Avot paint the picture of how to build strong, self sufficient, and dynamic Jewish communities. Once that can be accomplished Yehudah ben Tabbai and Shimon ben Shetach teach us the advice given to judges or in other words role models for the Jewish people. “Hevi Zahir Bidvarecha” “Be careful with your words” ; “Kesheniftarim Milfanecha, Yeheyu BiEinecha KiZikain” “When they are dismissed from you, consider them both as innocent.” The focus is now not only on how we can build strong communities but now on how we can become role models and create a Kiddush Hashem, a sanctification of G-d. The advice is not just for those in position of litigation, but rather for each of us that engages and represents a higher authority as members of G-d’s Chosen People. Each of us must strive to achieve not only the words of Shimon ben Shetach, but his inspiring and holy actions as well. Such a message of acting in a positive way to bring glory to G-d is not only in line with the homiletic and moral themes of Pirkei Avot, it is sage advice that we must each instill in our daily lives.
-Rabbi Lehrfield