Friday, July 25, 2008

Dangerous Custodians

Daf Yomi: Gittin 14a - 14b: Rabbi Achi the son of Rabbi Yoshiyah deposited a silver vessel with custodians in Nehardea. He said to Rabbi Dustai the son of Rabbi Yannai and to Rabbi Yosi the son of Kippeir, who were on their way there, “When you come back from Nehardea, bring me the vessel back.” They went and got it from the custodians. The custodians said to them: “Make with us a kinyan (that we will thereby be exempt from any further responsibilities)!” They said, “No (we do not want the labilities)!” “Then, give it back,” they said. Rabbi Dustai the son of Rabbi Yannai was willing, but Rabbi Yosi the son of Kippeir refused. The custodians started to hurt Rabbi Yosi the son of Kippeir (in order to get the vessel back). They said to Rabbi Dustai, “See what your friend is doing.” He replied, “Beat him up good!” When they returned to Rabbi Achi the son of Rabbi Yoshiyah, Rabbi Yosi said, “Look, master, not only did he not assist me, but he even said to them, ‘Beat him up good’!” Rabbi Achi the son of Rabbi Yoshiyah asked Rabbi Dustai, “Why did you act in that manner?” He replied, “Those people are very tall and their hats are very tall, and their voices comes from their midsection (since they had very deep voices), and their names are frightening - Arda and Arta and Phili as their leader. If they give instructions, ‘Tie him up,’ they tie him up; if they instruct, ‘kill him,’ you are killed. If they had killed Dustai, who would have given Yannai, my father, a son like me?” Rabbi Achi the son of Rabbi Yoshiyah asked Rabbi Dustai, “Are these men connected with the government?” He replied, “Yes.” Do they have horses and mules that run behind them?” He answered, “Yes.” Rabbi Achi the son of Rabbi Yoshiyah asked Rabbi Dustai, “If that is so, you acted properly.”

*** It is evident from the Gemora that halachically, they were not obligated to return the vessel to the custodians. The Tosfos Harosh explains: The Gemora above had stated that unless the custodian has been established as a liar, he could claim that the depositor does not want that his deposit shall be in someone else’s hands (and therefore, it should be returned to the custodian). Here, the custodian cannot make such a claim. For Rav Achi explicitly instructed them to return the vessel to him.

*** Rashi cites two explanations as to what Rav Dustai said when the custodians were hurting Rabbi Yosi. Either he said, “Beat him up good (in order that he should return the vessel to them)!” Or, he said, “He is deserving of this (since he is not returning the vessel).” Some Rishonim derive from here that it is permitted to save oneself with someone else’s body, for Rav Dustai was telling them to hit Rabbi Yosi because he was terrified that he would get hit.

*** Rabbi Dustai excused his actions by saying, “Those people are very tall and their hats are very tall, and their voices comes from their midsection, and their names are frightening - Arda and Arta and Phili as their leader.” Rashi explains that they were men of great dimensions and they wore awesome clothing. And since they had very deep voices, it appeared as if their voices were coming from their midsections. The Maharsha brings an alternative explanation according to the simple reading of the Gemora: They were one cubit tall and their hats were one cubit tall. It was because of this that their voices appeared to emanate from their midsections.

*** Rabbi Dustai concluded, “If they had killed Dustai, who would have given Yannai, my father, a son like me?” The Vilna Gaon states that it may be gleaned from here that when a son adds an honorable title to his father’s name, he is permitted to say his father’s name. It is only forbidden for one to say his father’s name without a title.

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