Justice and the Rule of Law

(14) Thou shalt not curse the deaf, nor put a stumbling-block before the blind, but thou shalt fear thy God: I am the LORD. (15) Ye shall do no unrighteousness in judgment; thou shalt not respect the person of the poor, nor favour the person of the mighty; but in righteousness shalt thou judge thy neighbour. (16) Thou shalt not go up and down as a talebearer among thy people; neither shalt thou stand idly by the blood of thy neighbour: I am the LORD.

Rabbi Chanina, the Deputy High Priest, says, Pray for the welfare of the government, for were it not for the fear of it, man would swallow his fellow alive.

MISHNA: One may take a vow to murderers, or to robbers, or to tax collectors who wish to collect tax, that the produce in his possession is teruma [dedicated to the Temple] although it is not teruma. One may also take a vow to them that the produce in his possession belongs to the house of the king, although it does not belong to the house of the king. One may take a false vow to save himself or his possessions, as a statement of this sort does not have the status of a vow. Beit Shammai say: One may vow in such a case, although he has no intention that his words be true, using every means of taking a vow or making a prohibition in order to mislead those people.

GEMARA: The Gemara asks, concerning the mishna’s statement that one may take a vow to tax collectors: But didn’t Shmuel say: The law of the kingdom is the law, i.e., there is a halakhic principle that Jews must obey the laws of the state in which they live? Since one must pay the tax determined by the kingdom, how did the Sages permit one to lie in order to avoid paying?

Rav Ḥinnana said that Rav Kahana said that Shmuel said: The mishna is referring to a tax collector who has no fixed amount for collection established by the kingdom, but rather collects the tax arbitrarily. Therefore, this case is not included in the law of the kingdom. A Sage of the school of Rabbi Yannai said: The mishna is referring to a tax collector who establishes himself as such independently and was not appointed by the kingdom.

Rabbi Elazar ben Rabbi Shimon, found a certain Roman officer whose responsibility was to arrest thieves. He said to him: How are you able to arrest them? Since the wicked are so devious, perhaps you apprehend the righteous and leave the wicked alone? The officer said to him: But what should I do? It is the king’s edict that I must arrest thieves, and I am performing my job to the best of my ability. Rabbi Elazar, son of Rabbi Shimon, said to him: Come and I will instruct you how you should do it. At the fourth hour of the day enter the tavern. When you see someone drinking wine, holding his cup in his hand, and dozing, inquire about his background. If he is a Torah scholar and is dozing, assume that he rose early in the morning for his studies. If he is a daytime laborer, assume that he rose early and performed his work. And if his work is at night and no one heard him working, it is possible that this is because he draws copper wires, which is a form of labor that does not produce noise. And if he is none of these, he is a thief, and you should arrest him, as it can be assumed that he was awake the previous night because he was stealing, and that is why he is now dozing off.

This matter of the advice of Rabbi Elazar, son of Rabbi Shimon, was heard in the king’s palace. The king’s ministers said: Let the reader of the letter be its messenger. They brought word of this to Rabbi Elazar, son of Rabbi Shimon, and he proceeded to arrest thieves. Rabbi Yehoshua ben Korḥa sent him the following message: You are vinegar, son of wine, i.e., you are wicked in comparison to your father, the righteous Rabbi Shimon, just as vinegar is spoiled wine. Until when will you inform on the nation of our God to be sentenced to execution by a gentile king’s court? Rabbi Elazar sent a message back to him: I am merely eradicating thorns from the vineyard. Rabbi Yehoshua ben Korḥa sent back to him: Let the Owner of the vineyard come and eradicate His own thorns.

One day, a certain laundryman met Rabbi Elazar, son of Rabbi Shimon, and called him vinegar, son of wine. Rabbi Elazar, son of Rabbi Shimon, said: From the fact that this man acted so insolently by vilifying a Torah scholar, one can conclude that he is a wicked person. He told the authorities: Arrest that man. They arrested him and condemned him to death. After his mind settled, i.e., when his anger abated, he regretted his hasty decision. He went after the laundryman in order to ransom him and save him from execution, but he was unable to do so. He read the verse about him: “Whoever keeps his mouth and his tongue, keeps his soul from troubles” (Proverbs 21:23), i.e., had the laundryman not issued his derogatory comment he would have been spared this fate. Ultimately, they hanged the laundryman. Rabbi Elazar, son of Rabbi Shimon, stood beneath the gallows and wept. Those who were present said to him: Our teacher, let it not be bad in your eyes that you caused his death, as he and his son both engaged in intercourse with a betrothed young woman on Yom Kippur.