“Rabbi Yochanan said: Jerusalem was destroyed only because they judged laws according to the laws of the Torah” (Bava Metzia 30b). This is an amazing statement. Rav Yochanan claims that it was following the laws of the Torah that led to the destruction. How could that be? Should it not be the exact opposite?
Our Sages were astounded and astonished by such a teaching rhetorically asking “and should we follow arbitrary laws”! Rather, the Talmud explains that Rav Yochanan meant that people only followed the laws of the Torah but did not go lifnim meshurat hadin, above and beyond the law. While this may be what Rav Yochanan meant, it is important to note that is not what he said. He could have said that the destruction occurred because people were unwilling to go beyond the letter of the law, that people did exactly what was legally required and nothing more. He could have, but he did not. Rather, he stated that the destruction occurred because we followed the laws of the Torah. This is a much more powerful statement[1] reflecting the sad truth that one can follow every detail of every law and yet be the cause of death and destruction.
This idea is picked up – in two important places – by the Ramban. In explaining the Torah’s admonition to be holy “because I the Lord your G-d am holy” (Vayikra 19:2) the Ramban explains that one can follow every law of the Torah and yet still be a scoundrel, a naval bereshut haTorah, literally “a dead carcass with the permission of the Torah”. There is much one can do that is not illegal, not prohibited, but yet is reprehensible. Similarly, and directly related to Rabbi Yochanan’s teaching, Moshe Rabbeinu tells the Jewish people that they should be careful to keep all the commandments of the Torah and that we should do “the straight and the good” (Devarim 6:18).
Isn’t keeping the Torah the definition of the straight and the good? Why mention such separately? It must be that keeping the Torah is not necessarily the same as doing the straight and the good.
As Rashi explains, this verse teaches that we must compromise and actlifnim meshurat hadin. If one wants to do the “straight and the good” following the Torah is not enough. One must go beyond the law. As the Ramban elaborates, “it is impossible to mention in the Torah all aspects of man’s conduct with his neighbors and friends, and all his various transactions, and the ordinances of all societies and countries. But since He mentioned many of them — such as, Thou shalt not go up and down as a talebearer; Thou shalt not take vengeance, nor bear any grudge; neither shalt thou stand idly by the blood of thy neighbor; Thou shalt not curse the deaf; Thou shalt rise up before the elderly and the like — the Torah states in a general way that, in all matters, one should do what is good and right, including even compromise and, going beyond the requirements of the law[2]”.
The Torah is a guidebook pointing us in the right direction. The three letter Hebrew root of Torah is י־ר־ה (y-r-h), which means to instruct, direct, or point the way. It shares this meaning with moreh, teacher, and yarah, to shoot, pointing the way forward. As fundamental as the Torah is, it is not enough. We must go beyond what is required of us and we must be willing to compromise and give up some of our rights. If not, society will crumble from within and destruction will be our fate.
A, perhaps the, primary purpose of the Temple is as a place of prayer – for Jews and non-Jews alike. As Yishayahu, conveying G-d’s message says, “I will bring them to My holy mountain, (the Temple) and have them rejoice in My house of My prayer, their burnt offerings and sacrifices shall be welcome on My altar for My House is a house of prayer for all peoples” (Yishayahu 56:7). Not only are all people invited to pray at the Temple, that is the place where G-d Himself prays.
In an audacious derasha, (additional layer of meaning in the verse), none other than Rabbi Yochanan[3] notes that the verse does not say tifeelatam,their prayers, but rather tefeelati, My prayer, teaching that G-d Himself prays (Brachot 7a).
Totally unperturbed and seemingly oblivious to the theological implications of this teaching, the Gemara immediately asks, mai matzli, what pray tell, does G-d actually pray for? To this Rav Zutra bar Tovia quoting Rav answers, “May it be My will that My mercy will overcome My anger and may My mercy prevail over My other attributes and may I conduct towards My children, with the attribute of mercy, and may I enter before them, lifnim meshurat hadin, beyond the letter of the law”.
G-d would love for the Temple to be rebuilt and to join with all peoples in prayer. But that can’t happen as long as people will not be more flexible, compromising and act beyond the letter of the law. G-d yearns for us to do so and thus prays that we, given the choice, will choose to go beyond the law.
The Mishna in Pirkei Avot teaches that one of the “miracles” in the Temple was that “they stand up crowded together yet bow down with plenty of space” (Avot 5:5). Hundreds of thousands would come to the Temple to celebrate our festive holidays. There was barely enough standing room for all. Yet miraculously when all bowed down – during the special Mussaf service of Yom Kippur for example – there was plenty of room.
I recall my uncle, Rabbi Abraham Kelman z”l explaining that when people are rigid and uncompromising it is stifling and there is nowhere to go. But when one bows, gives room for others, there is space for all.
May we answer G-d’s prayers and act lifnim meshurat hadin and soon merit praying with G-d and all peoples on G-d’s holy mountain.
[1] Interpretations are crucial to understanding any text, especially the Torah. It makes the theoretical practical. At the same time, it is equally, perhaps more important, to discuss what the text actually says. To cite just one important example, the Rabbis interpret the Torah’s admonition “an eye for an eye” to refer to monetary compensation, eschewing the literal meaning. The question that must be asked is why did the Torah not just say what it meant. Answering that question offers much insight into the Torah’s way of thinking.
[2] The specific example the Ramban gives for lifnim meshurat hadin is the law of bar-metzra, which “demands” that in selling real estate one’s neighbour must be given the right to match the best offer and one cannot charge a premium to the neighbour for whom having two adjacent properties makes the house subjectively more valuable.
[3] This teaching is brought by Rabbi Yochanan quoting Rabbi Yossi so technically it is the teaching of Rav Yossi. Yet if not for Rabbi Yochanan we would not know of this teaching. Cleary, Rabbi Yochanan agrees with this teaching,
