The Enduring Truth of Proper Machaloket

Rav Binyamin Zimmerman

Philosophy

17.01.2016

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18machloket2.docx

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<o:p> </o:p>


Bein Adam Le-chavero: Ethics of Interpersonal Conduct


By Rav
Binyamin Zimmerman
<pre> </pre>
<pre>*********************************************************</pre>
<pre>Dedicated in memory of
Joseph Y. Nadler, zl, Yosef ben Yechezkel Tzvi</pre>
<pre>*********************************************************</pre>

<o:p> </o:p><o:p> </o:p>


Shiur #18: The Enduring Truth of Proper 
Machaloket

<o:p> </o:p>

<o:p> </o:p>

In last week's lesson we
began to develop an understanding of the prohibition of entering into 
machaloket, dispute or controversy. We noted that the concept of 
machaloket is not at all foreign to the religious life of a Jew. In fact, it
is often viewed as an essential part of the spiritual battle to reach a truthful
understanding of the Torah. In fact, the Mishna in Avot differentiates
between two different types of dispute: machaloket le-shem shamayim,
which is viewed positively; and machaloket she-einah le-shem shamayim,
which is forbidden and destructive.

<o:p> </o:p>

To better understand the
distinction between positive and negative disagreements, we will take a second
look at the statement, analyzing its language and its components, against the
backdrop of a passage celebrating the manner of dispute which characterizes
Talmudic study.

<o:p> </o:p>

The Talmud in 
Kiddushin (30b) expounds a verse in Tehillim (127:5), explaining:

<o:p> </o:p>

What is "with enemies at the gate?" Rabbi Chiya bar Abba said: Even a
father and son, a teacher and student, who are involved in Torah at one gate
become enemies to each other, but they do not move from there until they become
close friends, as it says (Bamidbar 21:14): the gift at Reeds rather
than at Reeds (be-sufa), read: at its end (be-sofah).

The Talmud interprets the verse in 
Tehillim, He shall not be put to shame when he speaks with
his

enemies at the 
gate, as referring to the study of Torah.
Why does the 
verse refer to
scholars as enemies? This is explicated by the verse in 
Bamidbar
(21:14), which states: "This is the book of the wars of God, the gift (vahev)
at Reeds and the wadis Arnon." The Talmud homiletically reads suf (reeds)
as sof (end). As Rashi (ad loc.) explains, vahev is
associated with ahava, love: thus, the divine wars concerning books lead,
at the end, to love. Arguments about Torah, in other words, ultimately increase
the closeness of the participants. Here, the Talmud seems to celebrate a real
battle to understand the truth of Torah.


<o:p> </o:p>

With this in mind, let us return to the text
of the Mishna.

<o:p> </o:p>

Any dispute that is for
the sake of Heaven is destined to endure; one that is not for the sake of Heaven
is not destined to endure. Which is a dispute that is for the sake of Heaven?
The dispute between Hillel and
Shammai. Which is a dispute that is not for
the sake of Heaven? The dispute of Korach and all his company. (Avot
5:17)

<o:p> </o:p>

<o:p> </o:p>

The Mishna's distinction between a controversy
conducted le-shem shamayim and one conducted not le-shem shamayim 
raises a number of questions. Regarding the holy dispute, the Mishna speaks of
both sides of the dispute, Hillel and Shammai, while regarding the unholy
dispute it only mentions "Korach and his company. Why not mention the other
side, Moshe and Aharon?

<o:p> </o:p>

Secondly, the language of
the Mishna is rather difficult: it seems to indicate that the difference between
the two disputes is whether the dispute will ultimately endure or not. A 
machaloket which endures seems to not be a good thing, so why would the
Mishna look at lastingness as a positive attribute?

<o:p> </o:p>

Thirdly, is there
anything to be gleaned from the Mishnas reference to Hillel and Shammai in
particular, who only argue about a handful of matters, rather than the academies
they founded, Beit Hillel and Beit Shammai, which argue about hundreds of
issues?

<o:p> </o:p>


Understanding Korach

<o:p> </o:p>

To better understand the
Mishna's lesson we must take a deeper look at the nature of Korach's rebellion,
as told in Bamidbar 16-17. Understanding the Korach episode is important
for a number of reasons. It is the biblical basis for the Talmudic mandate 
"Ein machazikin be-machaloket, We do not hold on to controversy. (See our
previous lesson.) It is also the archetypical case provided by the Mishna for a
dispute waged with unholy motives. Understanding the episode will help us
uncover the root causes of these types of disputes and enable us to identify an
unhealthy argument as it is forming. Secondly, understanding the context may
help us determine what aspects should be considered forbidden because they lead
to the destructive consequences which his rebellion met.

<o:p> </o:p>

The commentators debate
the motives that lie behind Korach's rebellion. The sources seem to present
different motives for the disagreement, some focusing on greed and personal
ambition, others focusing on religious differences with Moshe. Indeed, in 
Reflections of the Rav by Rabbi Abraham R. Besdin, he dedicates a chapter
(XIII, p. 139 ff.) to Rav Joseph B. Soloveitchiks view of Korachs revolt, The
Common-Sense Rebellion against Torah Authority.

<o:p> </o:p>

In fact, a look at the
text reveals that Korach and his entourage include a motley crew of individuals
with different causes. Korach is joined by prominent
Reubenites, as well as two hundred and fifty leaders of Israel. Their claims
even seem to have some noble intentions, as they declare to Moshe and Aharon
(16:3): "<a name="P4195"></a>You have gone too far, for the entire
company is holy, and God is in their midst. Why are you setting yourselves above
God's congregation?

<o:p> </o:p>

However, Moshe's response reveals that
their real qualms relate to Aharon's priesthood: Although He brought you and all of your Levite
brethren close, you seek the priesthood as well. Midrash
Tanchuma offers some political and financial context for his objections, as
Korach views himself as rightful heir to the leadership of Levi (ch. 1) and
contests Aarons right to the tithes and other gifts set aside for the priests
(ch. 3).
 

<o:p> </o:p>

Furthermore, the Abarbanel (ad loc.)
points to another grievance the Reubenites have: the tribe of Yehuda (under
Aharons brother-in-law) has assumed leadership in the encampment in the desert.
Nevertheless, they unite with Korach and his 250 nobles for the common cause of
challenging the authority of Moshe and Aharon.


<o:p> </o:p>

Rav Tzadok Ha-Kohen of
Lublin (Peri Tzaddik, Parashat Korach) provides a fascinating approach to
the nature of Korach's controversy. The idea that all Jews are holy and should
have equal access to a relationship with God is indeed correct, and this will be
achieved in the future when all the righteous will stand around the Garden of
Eden in a circle, equidistant to God at the center (Taanit 31a). He adds
that even though Korach addresses these claims with ulterior motives, the
controversy is written in the Torah because there is future truth to the claim,
for the entire company is holy, and God is in their midst," though the time is not yet ripe for it.

<o:p> </o:p>

Certainly if Korach's
claims are valid, at least on some level, then the story not only surrounds the
motives for the dispute, but also the way in which Korach conducts the argument.
His accusations and unwillingness to discuss matters thoughtfully also express
his lack of proper motivation. Even a noble motive is to be discounted if the
battle is not fought properly.

<o:p> </o:p>

These dual aspects of
Korach's villainous behavior, the motive and the manner, also appears in an
understanding of the verses. The episode begins with the words, And Korach
took (16:1). What exactly does he take? Commentators offer explanations which
relate the terminology to the impetus for Korach's rebellion as well as to the
manner in which he wages it.

<o:p> </o:p>

The Yerushalmi (Sanhedrin 10:1)
explains that it refers to the preceding passage (15:38), which speaks of the
obligation to include a cord of tekhelet (sky-blue wool) in the fringes
upon a four-cornered garment. Korach, according to this tradition, takes a
garment made entirely of tekhelet
and challenges Moshe: should such a
garment require an additional cord of this material as well? Korach uses this question as the basis for
his attack on the credibility of Moshe and Aharon as divine lawgivers.

<o:p> </o:p>

One of the
other ideas presented by a number of commentators is that And Korach took refers to the methods Korach uses. He gathers
together all of the individuals with personal feelings against Moshe and Aharon
in order to stage his rebellion. He does not argue in good faith, but carefully
orchestrates a revolution.

<o:p> </o:p>


Return to the Mishna

<o:p> </o:p>

With these insights into
Korach's rebellion in mind, let us return to the Mishna to gain a deeper
understanding of forbidden machaloket.

<o:p> </o:p>

One possibility is that
Korach and his henchmen may have somewhat righteous motives, but their manner of
doing so is battle for the sake of battle, devoid of lofty motives. The other general
approach to Korach's rebellion speaks of the improper motivations garbed in
religious devotion.

<o:p> </o:p>

In Rav Elchanan Sorotzkins Lemaan Achai Ve-reiai
(cited by Rav David Silverberg,
<a /archive/salt-bemidbar/38-5korach.htm">

http://www.vbm-torah.org/archive/salt-bemidbar/38-5korach.htm</a>), he provides a
beautiful explanation of why Korach is the archetype for disingenuous dispute.
After all, the Jews sin in the desert more than a dozen times! He explains that
the Mishna feels no need to address petty quarreling over mundane matters such
as food and water. Such arguments need no comment. It is specifically those
arguments waged under the pretense of being "le-shem shamayim" that the
Mishna feels compelled to address. The story of Korach serves as the classic
example of a machaloket waged out of impure motives under the guise of
sincerity; thus, it is particularly this type of controversy which the Mishna
warns us about. It is specifically regarding disputes over religious issues that
we have to be utterly certain that all intentions are truly le-shem shamayim.

<o:p> </o:p>

In fact, Korach's motives and manner may also impact
our understanding of the verse which is cited as the source for the Talmudic
mandate Ein machazikin be-machaloket, namely, That he be not like Korach and his
company (17:5).

<o:p> </o:p>

In truth, there are a
number of possible alternative explanations of the verse, some of which are
espoused by the different biblical commentators. The Ramban understands the
verse as a prohibition of challenging the institution of the priesthood, as
Korach does (see Meshekh Chokhma, ad loc. for an understanding of the
Rambam's opinion).

<o:p> </o:p>

After analyzing the story
of Korach, it is indeed possible to limit the prohibition to one of the possible
motives or manners recorded above. Why is the verse then so vague regarding the
prohibition to "be not like Korach," without specifying which aspect of his
behavior is included in the prohibition?

<o:p> </o:p>

One may explain that the
generality is in fact quite useful. The verse is indicating that despite all the
possible motives for Korach's rebellion, some of which might even be righteous,
engaging in a machaloket is so detrimental that it cannot be permitted
unless there is no possibility of undisclosed motives. Every negative aspect of
Korach's behavior is included in the prohibition, as a machaloket
requires complete and total purity of motive and method; any possible deviation
can ruin the most lofty causes.

<o:p> </o:p>

The context of the
prohibition is also significant for learning how to deal with dispute. For
instance, Rav Zalman Nechemya Goldberg (Moriah 169/170, 62-72) notes that
the prohibition compels us to learn from the actions of Moshe. Not only does he
not initiate a dispute; instead, he dispenses with his honor in order to effect
reconciliation, even though it is not his fault.

<o:p> </o:p>


Shammai and Hillel

<o:p> </o:p>

On the other end of the
spectrum, analyzing the debate between Shammai and Hillel provides insight into
the proper form of disagreement. In several places, the Talmud describes the
positive aspects of the disputes between the students of their academies. The
issues at hand in their debates are very serious, but as the Mishna notes (Yevamot
1:4, Eduyot 4:8): Though these forbid what those permit and these
invalidate what those validate, Beit Shammai does not refrain from marrying
women of Beit Hillel, nor Beit Hillel of Beit Shammai. The Talmud (Yevamot
14b) eloquently spells this out:

<o:p> </o:p>

Although Beit Shammai and
Beit Hillel are in disagreement on the questions of rivals, sisters, old bills
of divorce. Beit Shammai does not, nevertheless, abstain from marrying women of
Beit Hillel, nor Beit Hillel of Beit Shammai. This is to teach you that they
show love and friendship towards one another, thus putting into practice the
verse (Zekharya 8:19) And love truth and peace.

<o:p> </o:p>

The Talmud (Eruvin 13b) relates an
anecdote from Rabbi Abba stated in the name of Shemuel:

<o:p> </o:p>

For three years there was
a dispute between Beit Shammai and Beit Hillel, the former asserting, "The law
is in accordance with our view," and the latter asserting, "The law is in
accordance with our view." Then a Heavenly voice emerged and declared: "These
and those are the words of the living God, but the law is in accordance with
Beit Hillel."

<o:p> </o:p>

The passage goes on to ask why the law is in
accordance with Beit Hillel if both express Torah views:

<o:p> </o:p>

Since "these and those
are the words of the living God," why does Beit Hillel deserve to have the law
accord with their view? Because they are kindly and modest: they study their own
views and those of Beit Shammai, and they even go so far as to mention the views
of Beit Shammai before theirs.

<o:p> </o:p>

Though their debates are fierce and have
serious implications, their disputes never become personal. Their machaloket
is le-shem shamayim not only in motive, but in the manner in which it is
waged. They maintain their motivation even in the heat of disagreement,
rejecting the others' views but not their personalities.

<o:p> </o:p>

Maintaining composure during a dispute also allows
one the chance to reconcile by listening to the other side and honestly hearing
the reasoning, e.g. in the discussion of a Talmudic text and the debate over its
proper understanding.

<o:p> </o:p>

This is not necessarily common. The deciding factor
is often ones willingness to accept a proof for the other's position,
especially the readiness to bring the other a support when the other has not
discovered it independently.

<o:p> </o:p>

In fact, a fascinating
suggestion is raised by Rav Kalonymus Epstein in Maor Va-shamesh (Parashat
Korach). He proposes that the Mishna specifically chooses Shammai and
Hillel, despite their noble manners, rather than their students, is because it
is almost impossible for the second generation of a dispute to remain committed
to the truthful motives that began the debate. How difficult it is for students
not to include feelings of the preeminence of their teacher over others while
conducting a debate!

<o:p> </o:p>

This idea is
unfortunately apparent in many multigenerational religious disputes. Though the
original authorities may have differed over real issues, their students and
successors tend to mix in their personal feelings, as they are often
indoctrinated into one understanding without giving any credence to
alternatives.

<o:p> </o:p>


Silence and Silencing in the Wake of 
Machaloket

<o:p> </o:p>

With this in mind, it is
readily apparent that even a machaloket with noble motives is hard to
keep pure. For this reason, the most logical approach to a machaloket,
when possible, may be silence, as expressed by Rav Nachman of Breslov.

<o:p> </o:p>

Know that through
conflict, i.e. argument, upstanding people entertain the thoughts of the wicked;
in other words heretical thoughts seize them because of this. The rectification
for this is to hand over the conflict to God, so that God may fight the battle.
Through this, one nullifies the aforementioned thoughts of the wicked

<o:p> </o:p>

In the Talmud (Yevamot 96b) we
learn: "It once happened that a dispute in the study reached the point at which
a Torah scroll was ripped due to their angerSaid he: I would not be surprised
if this place becomes a temple of idolatry!" Thus, dispute opens the door to
idolatry and heresy, as it is written (Tehillim 140:3), "They devise evil
in their hearts, all the time stirring up wars." By means of wars, i.e.
argument, they think up evil in their hearts and come to wicked thoughts, namely
heresy, as explained above.


<o:p> </o:p>

The rectification for
this is to hand the conflict over to God, so that God may fight the battle. This
is silence one must be silent before them and must rely on God alone to fight
on ones behalf, as it is written (Shemot 14:14), "God will fight for
you, and you will be silent." By means of this silence, evil thoughts of heresy
are nullified and one's own thoughts are elevated. As we are taught, "Be silent;
this is how it has arisen in My thought" (Menachot 29b) through
silence, thought is elevated, as explained above. (Likkutei Moharan Kama
251)

<o:p> </o:p>

According to Rav Nachman's view, dispute is
extremely dangerous for two principal reasons. Firstly, it creates a place for
the heretical views of others to seep into one's thoughts, and it also opens the
door to the danger of pride. Because the line between noble disagreement and
improper dispute is sometimes very thin, the remedy for machaloket is
silence. (See Rav Itamar Eldars Thought of Rav Nachman, Shiur #16b,
<a /archive/rnachman/16brnachman.rtf">

http://www.vbm-torah.org/archive/rnachman/16brnachman.rtf</a>.)

<o:p> </o:p>

Silence obviates all of
the possible dangers of machaloket. For this reason there are also a
number of allowances reserved for one who tries to silence machaloket.
For instance, the Yerushalmi (Peia 1:1) quotes Rabbi Shemuel bar Nachman
in the name of Rav Yonatan as saying that it is permissible to speak ill of
those who perpetuate strife, which Rabbi Akiva Eger (Gilyon Ha-Shas, ad loc.)
limits to the purpose of silencing the dispute. (See also Sefer Chafetz
Chayim, Hilkhot Lashon Ha-ra 8:8.)

<o:p> </o:p>


Endurance

<o:p> </o:p>

These ideas about
perpetuating strife may be relevant to the terminology of the Mishna. The
distinction between righteous and improper machaloket is which is
destined to endure (sofah le-hitkayem; literally, its end is to stand).
What could be positive about the perpetuation of a machaloket?

<o:p> </o:p>

One approach of the
commentators is to reinterpret the terminology. In Rav Shimon Vanunus anthology 
Avot Mi-shulchan Rabboteinu, Rav Yechiel Mordechai Gordon explains that the
Mishna means that any machaloket which is for the sake of Heaven will
stand still and will not expand to other issues. A machaloket which is
not for the sake of Heaven, however, will not stand still; instead, it will
attract new individuals and spread to other venues and people.

<o:p> </o:p>

One also may add that the assessment of
a machaloket is affected by its long-term implications and goals. The Rambam writes at the end of Hilkhot Chanukka
(4:14): The entire Torah is given for the sake of Peace, as the verse states
regarding the Torah, Its ways are the ways of pleasantness and all its paths
are peace (Mishlei 3:17). If the goal of the Torah is peace, then one
of the goals of the dispute should also be to bring out the sense of peace.

<o:p> </o:p>

Similarly, Rav Shelomo Zalman Auerbach
(quoted by Rav Shimon Vanunu in Avot Mi-shulchan Rabboteinu) notes that
the disputes in Avot 5:17 are fundamentally comparable, just distinct in
the righteous intentions of the former. He explains that the reason for this is
that any machaloket is inherently bad, as the Mishna concludes (Uktzin
3:12): "God found no better vessel for holding blessing than peace." This is
especially true regarding the learning of Torah; after all, the Torah was given when the Jewish people
were unified: They united themselves here with one heart (Mekhilta, Shemot
19:2). The only reason to permit a machaloket for the sake
of Heaven is that it has the potential to ultimately increase unity.
Specifically through this machaloket, each participant's attachment to
the Torah is revealed and is strengthened. This attachment forges a common bond
between the disputants, thus leaving them close friends.


<o:p> </o:p>

Rav Moshe Feinstein
possibly goes one step further. In Iggerot Moshe, OC 4:25, he offers a
fascinating exposition of Moshe's dialogue with God at the Burning Bush. He
explains that Moshe is worried about how the people will resolve religious
disputes. Essentially, he distinguishes between two different types of 
machaloket. Disagreements regarding mundane matters arise due to human
failings and are to be disavowed. However, in spiritual matters, dispute is
often necessary in order to reach truth. When a dispute is not le-shem
shamayim, it is a result of human weakness, the lack of the proper
motivation for serving God, and therefore there is no value to the dispute. At
most, only one side is correct, and therefore it is proper that the 
machaloket be quelled quickly, rather than lasting.

On the other hand, Rav
Moshe contends that disagreements in the spiritual realm are an inherent part of
the very nature of Torah. It is an expression of revealing divine wisdom in
human parameters. The language of machaloket is the only language
available to express the multifaceted nature of celestial wisdom. For this
reason, even two divergent opinions can both express the words of the living
God; for this reason, in fact, it is necessary for the machaloket to
continue, le-hitkayem, because no single opinion can truly express
the multidimensional heavenly truth.

<o:p> </o:p>

Obviously, this can only be done if one maintains honesty as
to the cause of the dispute.
The Yad
Ha-ketana (De'ot 10) sets out a litmus test:

<o:p> </o:p>

One must find in his
heart no ulterior motive and experience no happiness, no sadness and no pride,
nor any personal benefit to oneself.

<o:p> </o:p>

The manner in which the argument is fought is also significant. One must
maintain the dignity of the other side. (See Rav Chayim Shmuelevitzs Sichot
Musar, 76.)

<o:p> </o:p>


Kiddushin 30b

<o:p> </o:p>

One might offer another
explanation of the Mishna's endurance
based on the aforementioned passage, Kiddushin 30b. The Talmud
explains how the learning process involves a battle where ones beloved can
become an "enemy" as long as in the end there is love. This occurs when a
dispute cannot be silenced, because the resolution is necessary to properly
continue.

<o:p> </o:p>

Rashi explains the
Talmud's homiletic interpretation of the verse in Bamidbar as referring
to a war that is waged through books, i.e. in debates between Torah scholars.
Its end (sofah) is always amicable and affectionate.

<o:p> </o:p>

A careful look at the
Talmud's terminology seems to echo the text of the Mishna, which also speaks of
an end: "sofah le-hitkayem." Rav Ovadya of Bartenura's commentary on 
Avot 5:17 may help us understand this.

<o:p> </o:p>

Rav Ovadya of Bartenura
initially interprets the terminology of "sofah le-hitkayem" as referring
to a happy resolution for those involved in the dispute, unlike Korachs band,
which was lost and swallowed up. However, he then adds another explanation:

<o:p> </o:p>

I have heard explained
that "its end" refers to the purpose that was sought from it. In a machaloket
for the sake of Heaven, the purpose and the end that is sought in the machaloket is
to know the truth, and this purpose will be upheld as it was clarified by the
machaloket of Hillel and Shammai that the law is like Beit Hillel.

However, concerning a 
machaloket that is not for the sake of Heaven, the desired purpose is the
pursuit of power and the love of victory. This purpose will not be upheld, as we
find by the machaloket of Korach and his congregation. Their goal was the
pursuit of honor and power, and in the end they found the opposite.

<o:p> </o:p>

Based on this explanation of the Mishna, one may reinterpret
the Talmud's exposition of ahava at the sof. When the 
machaloket is driven by a love of truth, it serves as a necessary vehicle
for clarification as well as a means of achieving an understanding of the
multidimensional divine wisdom. To this end, a machaloket over books and
understanding God, driven by the common love of truth, may at one point be
fierce, but it is fought with love and its desired result is love. The love of
truth and the love of the Torah are ultimately the same. Since the Torah is the
embodiment of peace and love for others, understanding it allows us to gain a
greater picture of the words of the living God, which endure forever.

This website is constantly being improved. We would appreciate hearing from you. Questions and comments on the classes are welcome, as is help in tagging, categorizing, and creating brief summaries of the classes. Thank you for being part of the Torat Har Etzion community!